Industrial Chemicals (General) Rules 2019
56Low‑risk flavour or fragrance blend introductions
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56 Low‑risk flavour or fragrance blend introductions
(1) This section applies if an introduction of an industrial chemical by a person is a reported introduction in accordance with subsection 27(4) or (4A).
Note: Subsections 27(4) and (4A) deal with low‑risk flavour blend introductions and fragrance blend introductions.
Introductions in accordance with subsection 27(4) (2) If the introduction is a reported introduction in accordance with subsection 27(4), for the purposes of paragraph 104(2)(b) of the Act, the following kinds of record are prescribed: (a) the name of the flavour blend or fragrance blend (as the case requires) that the industrial chemical is to be introduced as part of; (b) the names of any products containing the flavour blend or the fragrance blend that are imported into Australia by the person; (c) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (d) if the CAS name, the IUPAC name or an eligible INCI plant extract name for the industrial chemical is known to the person—records to demonstrate that the requirements of subsection 27(4) of this instrument are being met; (e) if paragraph (d) of this subsection does not apply—the following: (i) records of the basis on which the person (the introducer) believes that the requirements of subsection 27(4) of this instrument are being met; (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 records to demonstrate that the requirements of paragraphs 27(4)(d) and (e) of this instrument have been met; (iii) records of the basis on which the introducer holds the belief mentioned in subparagraph (i) of this paragraph; (iv) records of the basis on which the introducer holds the belief mentioned in paragraph (a) of item 4 of the table in subsection 42(2) of this instrument; (f) records to demonstrate either: (i) the total volume of the flavour blend or fragrance blend introduced by the person in a registration year; or (ii) the total volume of products that contain the flavour blend or fragrance blend introduced by the person in a registration year; (g) records to demonstrate: (i) each type of product at end use that is introduced by the person and contains the flavour blend or the fragrance blend; and (ii) the maximum concentration of the flavour blend or the fragrance blend in each type of product at end use.
Note: For the purposes of paragraph (g), a type of product at end use is a reference to the specific kind of product at end use. For example, an industrial chemical might have an end use in cosmetics, but the type of product at end use may be shampoo.
Introductions in accordance with subsection 27(4A) (3) If the introduction is a reported introduction in accordance with subsection 27(4A), for the purposes of paragraph 104(2)(b) of the Act, the following kinds of record are prescribed: (a) the name of the flavour blend or fragrance blend (as the case requires) that the industrial chemical is to be introduced as part of; (b) the names of any products containing the flavour blend or the fragrance blend that are imported into Australia by the person; (c) records to demonstrate that none of subsections 25(2) to (4) of this instrument apply to the introduction; (d) records to demonstrate that the requirements of subsection 27(4A) of this instrument are being met; (e) records to demonstrate the total volume of the industrial chemical introduced by the person in a registration year does not exceed the amount referred to in subparagraph 27(4A)(b)(i) or (ii) of this instrument (as the case may be); (f) records to demonstrate: (i) each type of product at end use that is introduced by the person and contains the flavour blend or the fragrance blend; and (ii) the maximum concentration of the flavour blend or the fragrance blend in each type of product at end use; (g) if item 4 of the table in subsection 42(2) of this instrument applies to the introduction—records of the basis on which the person holds the belief mentioned in paragraph (a) of that item.