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Canadian Department of Environment issues Mandatory Section 71 Survey Notice for substances on the Revised in Commerce List (R-ICL)

March 30, 2022

On March 12, 2022 the Department of the Environment issued a Mandatory Section 71 Survey Notice for substances on the Revised In Commerce List. The R-ICL is comprised of substances in products which were previously regulated under the Food and Drugs Act (F&DA), including cosmetics, novel food, food additives, therapeutic products, and natural health products and were in Canadian commerce between January 1, 1987, and September 13, 2001. As defined under Canadian Environmental Protection Act (CEPA,1999), a Section 71 Notice is administered to assess whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance.

The Section 71 Notice applies to any company who manufactured or imported any of the 725 substances (identified in Appendix 1 of the Notice) during 2019 and 2020. Applicable companies are required to submit the following information in response to the Notice:

  • The total quantity of the substance imported or manufactured in 2019 -2020
  • The quantity of the substances imported alone
  • The quantity of the substances imported in products
  • The quantity exported
  • The highest quantity used at a single facility
  • The substances identifier, function code, application code, concentration ranges in products, whether the substance is used for consumer activities, whether a product containing the substance is used in product is intended for use by or for children 14 years of age or younger, identity, address and contact person for the 5 companies in Canada to which the substances was distributed.

Companies must submit information per the Section 71 Notice no later than September 14, 2022.

How TSG can help

Importing or manufacturing cosmetics in Canada? Wondering if your cosmetic or natural health products are on the R-ICL and subject to this Notice? Joe McCarthy, TSG’s Canadian Agent, can help you and your company determine if or when next steps need to be taken. Get in touch: [email protected]

Get in touch: [email protected]