48Introductions of industrial chemicals that are solely for use in research and development

48 Introductions of industrial chemicals that are solely for use in research and development

(1) This section applies if an introduction of an industrial chemical by a person is an exempted introduction in accordance with subsection 26(3).

Note: Subsection 26(3) deals with introductions of industrial chemicals that are solely for use in research and development.

Certain names for industrial chemical known to person (2) If the person knows the CAS name, IUPAC name or INCI name for the industrial chemical, for the purposes of paragraph 104(2)(b) of the Act, the following kinds of records are prescribed: (a) if the total volume of the industrial chemical introduced by the person in a registration year is 10 kg or less—the number of industrial chemicals that are introduced by the person in accordance with subsection 26(3) of this instrument where the total volume introduced by the person in a registration year is 10 kg or less; (b) if: (i) the total volume of the industrial chemical introduced by the person in a registration year is greater than 10 kg; and (ii) a CAS number for the industrial chemical is assigned; the CAS number for the industrial chemical and the CAS name, IUPAC name or INCI name for the industrial chemical; (c) if: (i) the total volume of the industrial chemical introduced by the person in a registration year is greater than 10 kg; and (ii) a CAS number for the industrial chemical is not assigned; the CAS name, IUPAC name or INCI name for the industrial chemical; (d) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (da) if the industrial chemical is a solid, or is in a dispersion, at the time of introduction and the total volume of the industrial chemical introduced by the person in a registration year is greater than 10 kg—records to demonstrate that the industrial chemical does not consist of solid particles, in an unbound state or as an aggregate or agglomerate, where at least 50% (by number size distribution) of the particles have at least one external dimension in the nanoscale; (e) records to demonstrate that the requirements of subsection 26(3) of this instrument are being met. (2A) For the purposes of subsection (2), if: (a) a person does not know the CAS number, CAS name, IUPAC name or INCI name for an industrial chemical; but (b) it would be reasonably practicable for the person to find out that number or name; the person is taken to know that number or name. Certain names for industrial chemical not known to person (3) If neither the CAS name, nor the IUPAC name, nor the INCI name, for the industrial chemical is known to the person (the introducer), for the purposes of paragraph 104(2)(b) of the Act, the following kinds of records are prescribed: (a) if the total volume of the industrial chemical introduced by the introducer in a registration year is 10 kg or less—the number of industrial chemicals that are introduced by the introducer in accordance with subsection 26(3) of this instrument where the total volume introduced by the introducer in a registration year is 10 kg or less; (b) if the total volume of the industrial chemical introduced by the introducer in a registration year is greater than 10 kg: (i) the names by which the industrial chemical is known to the introducer; and (ii) the name of a person whom the introducer believes on reasonable grounds would, if requested to do so by the introducer following a request by the Executive Director, give to the Executive Director the CAS name, IUPAC name or INCI name for the industrial chemical, and the CAS number (if assigned) for the industrial chemical; and (iii) records of the basis on which the introducer holds the belief mentioned in subparagraph (ii) of this paragraph; (c) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (d) if the industrial chemical is a solid, or is in a dispersion, at the time of introduction and the total volume of the industrial chemical introduced by the introducer in a registration year is greater than 10 kg: (i) the name of a person whom the introducer believes on reasonable grounds would, if requested to do so by the introducer following a request by the Executive Director, give to the Executive Director records to demonstrate that the industrial chemical does not consist of solid particles, in an unbound state or as an aggregate or agglomerate, where at least 50% (by number size distribution) of the particles have at least one external dimension in the nanoscale; and (ii) records of the basis on which the introducer believes that the industrial chemical does not consist of solid particles, in an unbound state or as an aggregate or agglomerate, where at least 50% (by number size distribution) of the particles have at least one external dimension in the nanoscale; and (iii) records of the basis on which the introducer holds the belief mentioned in subparagraph (i) of this paragraph; (e) records to demonstrate that the requirements of subsection 26(3) of this instrument are being met.