Chlorocresol Added to Toxic Substances List

Summary#

The federal government published a proposal on April 1, 2023 to add Phenol, 4-chloro-3-methyl- (chlorocresol; CAS RN 59-50-7) to Schedule 1 of the Canadian Environmental Protection Act, 1999 by way of the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999. The move does not itself ban or regulate uses, but it lets federal health and environment officials develop rules or other controls if they decide those are needed.

What it does#

• Adds chlorocresol to Schedule 1 (the List of Toxic Substances). This is a formal step, not an immediate ban or new rule.
• Gives Environment and Climate Change Canada and Health Canada the authority to propose risk-management actions for chlorocresol in the future.
• The government’s assessment, published earlier on May 22, 2021, concluded chlorocresol may pose a danger to human health (mainly from repeated skin exposure), while ecological risks were judged low.
• Because chlorocresol is not persistent or bioaccumulative, the government said it is not required to pursue “virtual elimination” for this substance.
• The publication opened a public comment period (for 60 days) as part of the proposal process.

Who's affected#

• Companies that make, import or sell products containing chlorocresol, including:
  • Cosmetics makers (chlorocresol is used in some moisturizers and lotions).
  • Producers of some natural health products and non-prescription topical drugs.
  • Registrants of pest control products that list chlorocresol as an active ingredient.
  • Importers and suppliers of industrial uses (e.g., concrete admixtures, incidental lubricants in food processing).
• Consumers who use topical products (lotions, creams) that contain chlorocresol may be affected if future rules change product formulations or labelling.
• Small businesses are not immediately affected by the listing itself; any future regulations would be consulted on and assessed for costs.

Why it matters#

• The screening assessment found a possible human-health risk from ongoing skin exposure (chronic dermal use in lotions), so adding the substance to Schedule 1 is the legal step that lets the government consider restrictions, limits, or other controls.
• For everyday people, this could lead to reformulated cosmetics or product warnings in the future if regulators decide action is needed.
• For businesses, the listing signals that rules may come later; they should watch for consultations and possible changes to allowable uses or concentrations.