31Restriction on using animal test data for determining category of introduction for industrial chemicals with multiple end uses including an end use in cosmetics

31 Restriction on using animal test data for determining category of introduction for industrial chemicals with multiple end uses including an end use in cosmetics

(1) This section applies if: (a) an industrial chemical is to be introduced for multiple end uses; and (b) one of those end uses is in cosmetics. (2) For the purposes of paragraph 102(1)(b) of the Act, a person who introduces the industrial chemical during a registration year must not, in determining the category of the introduction, have regard to animal test data obtained from tests conducted on or after 1 July 2020, other than: (a) animal test data that: (i) demonstrates that the industrial chemical has a hazard characteristic; and (ii) if the person did not have regard to that data, the category of introduction would be a lower risk category; or (b) animal test data that is the only information that can demonstrate whether the industrial chemical has a particular environment hazard characteristic; or (c) animal test data that is derived from tests conducted on animals involving a chemical that: (i) is not the industrial chemical; and (ii) is not an industrial chemical introduced by the person for an end use in cosmetics; or (d) animal test data that the person is approved to have regard to under section 33 of this instrument.

Note 1: For paragraph (a), the category of introduction would be a lower risk category if, for example, the category of introduction would be exempted if the data were not had regard to but reported if the data were had regard to.

Note 2: For how to apply for Executive Director approval to have regard to animal test data in determining the category of introduction, see section 32.