This is from the same country that exports lead and cadmium in toys, antifreeze (ethylene glycol) in foods, toothpaste and in pharmaceuticals, does not honor intellectual property laws and has a terrible environmental record?  

Bob Landman
H&L Instruments, LLC

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From: Global EHS Alert [mailto:[log in to unmask]] 
Sent: Thursday, February 18, 2010 3:14 PM
Subject: Chemicals in Products, GHS, PRTR...in China New Chemical Regulation (2010)

Dear. Friends

We have been requested by many readers to provide more details on the Chinese New Chemical Regulation (19 January 2010) and has made a short summary below and detailed summary (http://www.ynpglobal.com/Onlinestore/china_reach_2010.asp). During a detailed analysis, we were surprised that there are significant differences between the 2009 Proposal and the 2010 Amendments. For details, please read below or visit the above link.

Unlike our (and your) expectation, there exist striking differences between the 2009 Proposal (21 May 2009) and the adopted 2010 Amendments (19 January 2010). Amongst others, the following five points may need bigger attention of chemical producers, industrial users of chemicals and even article manufacturers:

·         Chemicals in products: Even though it is very short, Article 2 of the 2010 Amendments provides a short statement, "This Regulation is applicable to products which releases new chemical substances in their normal use." (设计为常规使用时有意释放出所含新化学物质的物品，按照本办法管理). This statement was not mentioned in the 2009 Proposal. We would like to see which child regulations the Ministry of Environmental Protection may produce in coming months or years.

·         Globally harmonized system on classification and labeling of chemicals (GHS): The 2010 Amendments is one of the few Chinese regulations clearly referring to the GHS Standards (警示标签和警示性说明安全规范) which were issued on 24 October 2006. This is a positive move as it provides a clear link between law and standards.

·         Classification of chemicals: The chemical classification envisaged in the 2009 Proposal is gone. There will be three classifications under the 2010 Amendments, i.e., general new chemicals (一般类新化学物质), hazardous new chemicals (危险类新化学物质), and priority hazardous chemicals (重点环境管理危险类新化学物质).

·         Pollutant release and transfer register (PRTR) or toxic release inventory (TRI): Annual reporting scheme in the 2010 Amendments may provide a framework to implement PRTR requirements in China in a medium- and long-term. In particular, it had extended reporting requirements for producers or importers of hazardous new chemicals (including priority hazardous new chemicals).

·         Phase-out of hazardous chemicals: There are many promotional provisions for the development and use of environmentally-friendly chemicals in the 2010 Amendments. The Ministry of Environmental Protection may also foresee natural phase-out of hazardous chemicals in China, as it imposes six-month earlier reporting requirements on producers or importers of hazardous new chemicals before it starts a periodic five-year review of chemicals to update the Chinese Inventory of Existing Chemicals. Namely, the Ministry of Environmental Protection may expect that hazardous chemicals have been phased out in the market and there is no need to put them in the Chinese Inventory of Existing Chemicals. 




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