Industrial Chemicals (General) Rules 2019
49AIntroductions of industrial chemicals covered by subsection 26(5), (6) or (7)
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49A Introductions of industrial chemicals covered by subsection 26(5), (6) or (7)
(1) This section applies if an introduction of an industrial chemical by a person is an exempted introduction in accordance with subsection 26(5), (6) or (7).
Note 1: Subsection 26(5) deals with introductions of industrial chemicals that are comparable to listed industrial chemicals.
Note 2: Subsection 26(6) deals with introductions of polymers of low concern.
Note 3: Subsection 26(7) deals with introductions of low concern biological polymers.
Certain names for industrial chemical known to person (2) If the CAS name, the IUPAC name or an eligible INCI plant extract name for the industrial chemical is known to the person, for the purposes of paragraph 104(2)(b) of the Act, the following kinds of record are prescribed: (a) if the CAS number for the industrial chemical is known to the person: (i) the CAS number for the industrial chemical; and (ii) the CAS name, IUPAC name or INCI name for the industrial chemical; (b) if a CAS number for the industrial chemical is not assigned, or the CAS number for the industrial chemical is not known to the person—the CAS name, the IUPAC name or an eligible INCI plant extract name for the industrial chemical; (c) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (d) records to demonstrate which of subsections 26(5), (6) and (7) of this instrument applies to the introduction; (e) records to demonstrate that the requirements of subsection 26(5), (6) or (7) of this instrument (as the case requires) are being met. (3) For the purposes of subsection (2), if: (a) a person does not know the CAS number, CAS name, IUPAC name or eligible INCI plant extract 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 (4) If neither the CAS name, nor the IUPAC name, nor an eligible INCI plant extract 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 record are prescribed: (a) the names by which the industrial chemical is known to the introducer; (b) 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: (i) the CAS name, the IUPAC name or an eligible INCI plant extract name for the industrial chemical; and (ii) the CAS number (if assigned) for the industrial chemical; (c) records of the basis on which the introducer holds the belief mentioned in paragraph (b) of this subsection; (d) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (e) records to demonstrate which of subsections 26(5), (6) and (7) of this instrument applies to the introduction; (f) 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 requirements of subsection 26(5), (6) or (7) of this instrument (as the case requires) are being met; (g) records of the basis on which the introducer believes that the requirements of subsection 26(5), (6) or (7) of this instrument (as the case requires) are being met; (h) records of the basis on which the introducer holds the belief mentioned in paragraph (f) of this subsection.