50 Introductions of industrial chemicals resulting from non‑functionalised surface treatment of listed industrial chemicals
(1) This section applies if an introduction of an industrial chemical by a person is an exempted introduction in accordance with subsection 26(8).
Note: Subsection 26(8) deals with introductions of industrial chemicals that result from the reaction between multiple chemicals where the reaction occurs at the surface of one of those chemicals.
Certain names for industrial chemical known to person
(2) If the CAS name or IUPAC 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 or IUPAC name for the industrial chemical;
(c) the CAS numbers and CAS names for the substrate chemical (within the meaning of paragraph 26(8)(a) of this instrument) and all other industrial chemicals involved in the reaction at the surface of the substrate chemical;
(d) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction;
(e) records to demonstrate that the requirements of paragraphs 26(8)(c) and (d) of this instrument are being met.
(2A) For the purposes of paragraph (2)(a), if:
(a) a person does not know the CAS number, CAS name or IUPAC 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 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) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction;
(c) 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 the following to the Executive Director:
(i) the CAS name or IUPAC name for the industrial chemical;
(ii) the CAS number (if assigned) for the industrial chemical;
(iii) the CAS numbers and CAS names for the substrate chemical (within the meaning of paragraph 26(8)(a) of this instrument) and all other industrial chemicals involved in the reaction at the surface of the substrate chemical;
(iv) records to demonstrate that the requirements of paragraphs 26(8)(c) and (d) of this instrument are being met;
(d) records of the basis on which the introducer believes that the requirements of subsection 26(8) of this instrument are being met;
(e) records of the basis on which the introducer holds the belief mentioned in paragraph (c) of this subsection.