Consumer Chemicals and Containers Regulations, 2001

SOR/2001-269

Registration 1 August, 2001

HAZARDOUS PRODUCTS ACT

Consumer Chemicals and Containers Regulations, 2001

P.C. 2001-1343 1 August, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5^a of the Hazardous Products Act, hereby makes the annexed Consumer Chemicals and Containers Regulations, 2001.

^a R.S., c. 24 (3rd Supp.), s. 1

CONSUMER CHEMICALS AND CONTAINERS REGULATIONS, 2001

INTERPRETATION

Definitions

1. (1) The definitions in this subsection apply in these Regulations.

"acid reserve" « réserve acide »

"acid reserve" means the quantity of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of a liquid acidic product, or 100 g of an acidic product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05. (réserve acide)

"Act" « Loi »

"Act" means the Hazardous Products Act. (Loi)

"alkali reserve" « réserve alcaline »

"alkali reserve" means the quantity of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of a liquid basic product, or 100 g of a basic product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid or its equivalent. (réserve alcaline)

"aspiration" « aspiration »

"aspiration" means the entry of a liquid or solid chemical product directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea or lower respiratory system. (aspiration)

"chemical product" « produit chimique »

"chemical product" means a product used by a consumer that has the properties of one or more of the following:

(a) a toxic product;

(b) a corrosive product;

(c) a flammable product; or

(d) a quick skin-bonding adhesive. (produit chimique)

"complex mixture" « mélange complexe »

"complex mixture" means a combination of chemicals that has a generic name that is not a trade name and is

(a) a substance of natural origin;

(b) a fraction obtained by a physical separation process from a substance of a natural origin; or

(c) a chemical modification of a substance of natural origin or of a fraction obtained by a physical separation process from a substance of natural origin. (mélange complexe)

"container" « contenant »

"container" means

(a) a Category 5 pressurized container that is or is likely to be used by a consumer, including an empty container, as described in Part 5;

(b) an empty container that is destined for use by a consumer to store or dispense a chemical product; or

(c) any other container that is or is likely to be used by a consumer to store or dispense a chemical product. (contenant)

"corrosive product" « produit corrosif »

"corrosive product" means a chemical product that

(a) is capable of inducing necrosis or ulceration of epithelial tissue;

(b) is capable of causing an erythema or edema of the skin, corneal or iris damage or conjunctival swelling or redness; or

(c) is identified in Part 2 as a Category 2 corrosive product. (produit corrosif)

"display surface" « aire d'affichage »

"display surface" means the portion of the surface area of a container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a container. (aire d'affichage)

"dust" « poussière »

"dust" means solid airborne particles that are mechanically generated. (poussière)

"first aid statement" « énoncé de premiers soins »

"first aid statement" means

(a) a list of the hazardous ingredients in the chemical product; and

(b) a statement of the first aid treatment to be administered to anyone who has come into contact with a chemical product, such as through ingestion, absorption or inhalation, or information that may be helpful to someone who is assisting that individual. (énoncé de premiers soins)

"flame projection" « projection de la flamme »

"flame projection" means the flame resulting from the ignition of a chemical product discharged from a spray container when tested in accordance with the procedure set out in Schedule 1. (projection de la flamme)

"flammable product" « produit inflammable »

"flammable product" means a chemical product that is capable of

(a) spontaneous combustion;

(b) becoming flammable when in contact with air; or

(c) having a flash point below 60^oC or a flame projection greater than 15 cm or exhibiting a flashback. (produit inflammable)

"flashback" « retour de flamme »

"flashback" means the part of a flame projection that extends from the point of ignition back to the spray container when a chemical product is tested in accordance with the procedure set out in Schedule 1. (retour de flamme)

"flash point" « point d'éclair »

"flash point" means the minimum temperature at which a substance gives off a vapour in sufficient concentration to ignite under test conditions. (point d'éclair)

"fume" « fumée »

"fume" means solid particles in the air that are generated by condensation from the vapour of a solid material. (fumée)

"fumes" « émanations »

"fumes", in the context of the information that must be displayed on a container, means a vapour or a fume or both that may be given off by a chemical product under normal conditions of use or storage. (émanations)

"good scientific practices" « bonnes pratiques scientifiques »

"good scientific practices" means

(a) for the development of test data, conditions and procedures similar to those set out in the OECD Test Guidelines;

(b) for laboratory practices, practices similar to those set out in the OECD Principles of Good Laboratory Practice; and

(c) for human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques)

"hazard category" « catégorie de danger »

"hazard category" means a category into which a chemical product or container is classified, in particular:

(a) Category 1, toxic products set out in Part 1;

(b) Category 2, corrosive products set out in Part 2;

(c) Category 3, flammable products set out in Part 3;

(d) Category 4, quick skin-bonding adhesives set out in Part 4; and

(e) Category 5, pressurized containers set out in Part 5. (catégorie de danger)

"hazard symbol" « pictogramme de danger »

"hazard symbol" means a pictograph and its frame as set out in Schedule 2. (pictogramme de danger)

"hazardous ingredient" « ingrédient dangereux »

"hazardous ingredient" means

(a) a pure chemical product;

(b) an ingredient present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that

(i) is a chemical product,

(ii) the supplier believes on reasonable grounds may be harmful to humans,

(iii) has toxicological properties that are not known to the supplier, or

(iv) derives from a reaction between precursor constituents and the hazards associated with the chemical product are not known to the supplier; or

(c) a complex mixture present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that

(i) is a chemical product,

(ii) the supplier believes on reasonable grounds may be harmful to humans, or

(iii) has toxicological properties that are not known to the supplier. (ingrédient dangereux)

"human experience data" « données de l'expérience humaine »

"human experience data" means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from

(a) exposure to a chemical product; or

(b) the reasonably foreseeable use of a chemical product or container by a consumer, including, in particular, the consumption of the product by a child. (données de l'expérience humaine)

"LC₅₀" « CL₅₀ »

"LC₅₀" means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (CL₅₀)

"LD₅₀" « DL₅₀ »

"LD₅₀" means the single dose of a substance that, when administered by a defined route in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (DL₅₀)

"main display panel" « aire d'affichage principale »

"main display panel" means the part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes

(a) in the case of a rectangular container, the largest side of the display surface;

(b) in the case of a cylindrical container, the larger of

(i) the area of the top, or

(ii) 40% of the area obtained by multiplying the circumference of the container by the height of the display surface;

(c) in the case of a bag, the largest side of the bag; and

(d) in the case of any other container, the largest surface of the container that is not less than 40% of the display surface. (aire d'affichage principale)

"manufacturer" « fabricant »

"manufacturer" includes a packager and a labeller. (fabricant)

"mist" « brouillard »

"mist" means droplets of liquid suspended in air that are produced by the condensation of a vapourized liquid or by the dispersion of a liquid by a spray container. (brouillard)

"mixture" « mélange »

"mixture" means a combination of two or more products, materials or substances that do not undergo a chemical change as a result of their interaction. (mélange)

"National Standard" « norme nationale »

"National Standard" means a standard recognized by the National Standards System of the Standards Council of Canada. (norme nationale)

"normal atmospheric pressure" « pression atmosphérique normale »

"normal atmospheric pressure" means an absolute pressure of 101.324 kPa at 20°C. (pression atmosphérique normale)

"official languages" « langues officielles »

"official languages" means the English and French languages. (langues officielles)

"person responsible" « responsable »

"person responsible", in respect of a chemical product or container, means, if the product or container is

(a) manufactured in Canada, the manufacturer; or

(b) imported into Canada, the importer. (responsable)

"quick skin-bonding adhesive" « adhésif qui colle rapidement la peau »

"quick skin-bonding adhesive" means a Category 4 adhesive set out in Part 4 that has properties similar to an alkyl cyanoacrylate adhesive and that is capable of bonding skin with skin instantly or nearly instantly. (adhésif qui colle rapidement la peau)

"single-use container" « contenant à usage unique »

"single-use container" means a non-reclosable container whose contents are to be used in their entirety immediately after the container is opened. (contenant à usage unique)

"spray container" « contenant pulvérisateur »

"spray container" means a container that permits the dispersal of its contents in the form of a mist and includes a pressurized container and a pump-spray container. (contenant pulvérisateur)

"sub-category" « sous-catégorie »

"sub-category" means one of the following classifications within a hazard category in which a chemical product may be classified, in particular:

(a) in the case of a Category 1 toxic product, "very toxic", "toxic" and "harmful";

(b) in the case of a Category 2 corrosive product, "very corrosive", "corrosive" and "irritant"; and

(c) in the case of a Category 3 flammable product, "spontaneously combustible", "very flammable", "flammable" and "combustible". (sous-catégorie)

"toxic product" « produit toxique »

"toxic product" means a chemical product that

(a) is capable of causing a lethal effect on a human;

(b) is capable of causing a serious and irreversible but non-lethal effect on a human, such as a depressed level of consciousness, muscular weakness or paralysis, acute renal or hepatic failure, arrhythmia, hypotension, dyspnea, respiratory depression, pulmonary edema or optic neuritis; or

(c) is identified in Part 1 as a Category 1 toxic product. (produit toxique)

"vapour" « vapeur »

"vapour" means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. (vapeur)

Table of standards and tests

(2) A standard or test set out in column 2 of the table to this subsection is referenced in these Regulations, in the provision set out in column 3, by means of the short form set out in column 1.

TABLE TO SUBSECTION 1(2)
STANDARDS AND TESTS REFERENCED IN THESE REGULATIONS

Interpretation of "should"

(3) Where the word "should" is used in a standard or test referenced in these Regulations it is to be read as imperative, unless the context requires otherwise.

Units of measure

(4) The symbol set out in column 1 of the table to this subsection represents the unit of measure set out in column 2.

TABLE TO SUBSECTION 1(4)
UNITS OF MEASURE

Concentration

(5) In these Regulations, unless otherwise specified, when a concentration of a substance is expressed as a percentage, the percentage represents the ratio of the weight of the substance to the weight of the chemical product.

GENERAL PROVISIONS

Authorized advertising, sale and importation

2. (1) Subject to subsection (2) and section 3, the advertising, sale and importation of a chemical product or a container is permitted only if the product or container meets all the applicable requirements of these Regulations.

Exceptions

(2) These Regulations do not apply to

(a) a chemical product if a user cannot be exposed to the product or to any of its hazardous ingredients during reasonably foreseeable use;

(b) a portable petroleum container that conforms with CSA B306 or CSA B376;

(c) a lighter; or

(d) a portable fire extinguisher that conforms with ULC-S503, ULC-S504, ULC-S507 or ULC-S512.

Exceptions -- importation to bring into compliance or to export

3. (1) A person may import a chemical product or container that does not comply with a requirement of these Regulations for the purpose of

(a) bringing the product or container into compliance with the requirement;

(b) reselling the product or container to a manufacturer in Canada who will bring it into compliance with the requirement; or

(c) exporting the product or container to another country.

Credible evidence

(2) A person who imports a chemical product or a container for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with these Regulations or is being exported, as the case may be.

Subsection 29(2) of the Act applies

(3) For greater certainty, subsection 29(2) of the Act applies to the exceptions set out in subsection (1).

REQUIREMENTS

Hazard Category, Container and Information

Determination by person responsible

4. (1) The person responsible, using one or more of the applicable properties, data sources or test procedures set out in section 6 or Parts 1 to 5, must determine

(a) the hazard categories of the chemical product or container and, if applicable, its appropriate sub-categories;

(b) the type of container that is required; and

(c) the information that is required to be displayed on the container.

Multiple hazard categories

(2) If a chemical product and its container fall into more than one hazard category, its container must display the information that is required for every applicable hazard category.

Multiple sub-categories

(3) Subject to subsection (4), if a chemical product falls into more than one sub-category within a hazard category, the person responsible must classify the product in the sub-category that represents the greatest hazard within each applicable hazard category.

Multiple sub-categories -- flammable products

(4) If a chemical product falls into both the sub-category "spontaneously combustible" and another sub-category in the hazard category "Category 3, flammable product", it must be classified in both sub-categories.

Multiple routes of exposure

(5) The container of a chemical product to which an individual may be exposed by more than one route of exposure must display the required information for each route of exposure.

Record keeping and provision

5. The person responsible must

(a) keep or cause to be kept, for a period of at least three years after the date of manufacture or importation of a chemical product or container, all records relating to the determinations required under subsection 4(1); and

(b) within 15 days after receipt of a request from an inspector, provide the records referred to in paragraph (a) to the inspector.

Data Sources

Precedence of data sources

6. (1) The person responsible must determine the hazards arising from the reasonably foreseeable use of the chemical product or container from one or more of the following data sources in the following order of precedence:

(a) human experience data pertaining to the product or container;

(b) data, set out in peer-reviewed, scientific literature, from tests conducted using the product in accordance with the OECD Test Guidelines;

(c) if tests using the product have not been conducted in accordance with the OECD Test Guidelines,

(i) the peer-reviewed results of tests conducted with the product in accordance with

(A) these Regulations,

(B) a National Standard or an international standard recognized by the Standards Council of Canada, or

(C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted,

(ii) the peer-reviewed results of tests conducted with a chemical product that has properties similar to those of the product under examination, in accordance with

(A) OECD Test Guidelines,

(B) a National Standard or an international standard recognized by the Standards Council of Canada, or

(C) a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, or

(iii) other current, peer-reviewed information about the product;

(d) if the hazards associated with the product cannot be estimated from information referred to in paragraphs (a) to (c), data with respect to the hazards associated with

(i) the hazardous ingredients, or

(ii) a chemical product that has properties similar to those of the product under examination; or

(e) the results of tests conducted by the person responsible in accordance with a test methodology that conforms with good scientific practices.

Differing data sources

(2) In the case of differing data sources,

(a) an original literature source must be used in preference to literature that refers to the original study; and

(b) a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used.

Containers

Leakage test

7. A container of a liquid chemical product must pass the leakage test described in Schedule 3 or an equivalent test.

Single-use containers

8. A single-use container must display, in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement:

"USE ENTIRE CONTENTS ON OPENING."

"UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE."

Child-resistant Containers

Applicable standard

9. A child-resistant container must

(a) be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or

(b) meet the child test protocol requirements of one of CSA-Z76.1, ISO 8317 or 16 CFR 1700.20 or a standard that is at least equivalent.

Maintain characteristics

10. (1) A child-resistant container must, when in contact with a chemical product, maintain its child-resistant characteristics throughout the useful life of the product.

Evaluation

(2) The person responsible, using good scientific practices, must evaluate

(a) the compatibility of the chemical product with its child-resistant container, to determine that the chemical or physical properties of the product will not compromise or interfere with the proper functioning of the container; and

(b) the physical wear and stress factors and the force required for opening and closing the container, to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container.

Directions to open and close

11. (1) Subject to subsection (2), a child-resistant container that meets the requirements of paragraph 9(b) must display directions explaining how to open and, if applicable, to close the container

(a) on the closure, using either or both of

(i) words that comply with sections 17 to 19, or

(ii) a diagram or self-explanatory symbol that complies with paragraph 17(b) and section 18; or

(b) on the container, located after the positive instructions for the chemical product and set out in a manner that complies with requirements for a positive instruction in sections 17 to 19, subsection 24(1) and sections 25, 29 and 30.

Exception

(2) The directions for opening and, if applicable, closing a child-resistant container may be set out on the closure in only one official language if they are repeated on the container in the other official language in the manner set out in paragraph (1)(b).

Record keeping

12. (1) The person responsible must keep or cause to be kept, for a period of at least three years after the date of manufacture or importation, the following information:

(a) for a container that comes into direct contact with the chemical product, the specifications critical to the child-resistant characteristics of the container, which specifications must include

(i) the physical measurements within which the container retains its child-resistant characteristics,

(ii) if applicable, the torque that must be applied to open or close the container, and

(iii) the compatibility of the container and its closure system with the chemical product that is to be put into it; and

(b) the test results that demonstrate that the container and its closure system comply with the requirements of a standard set out in paragraph 9(b).

Provision of information to inspector

(2) Within 15 days after receipt of a request from an inspector, the person responsible for a chemical product that is required by these Regulations to be packaged in a child-resistant container must provide the information referred to in subsection (1) to the inspector.

Child-resistant, single-use containers

13. A child-resistant, single-use container must display, in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement:

"USE ENTIRE CONTENTS ON OPENING. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED."

"UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N'EST PLUS UN CONTENANT PROTÈGE-ENFANTS."

Exception -- large container

14. The requirements for child-resistant containers set out in sections 9 to 13 do not apply to a container with a capacity greater than 5 L, other than the container for a chemical product that is classified in one of the following:

(a) the hazard category "Category 4, quick skin-bonding adhesives";

(b) the sub-category "very toxic"; or

(c) the sub-category "very corrosive".

Required Information

Containers and packaging

15. (1) Subject to section 16, the information required by these Regulations must be displayed in the manner set out in these Regulations

(a) on each container that is displayed to the consumer, other than in an advertisement; and

(b) on any packaging of a container that is displayed to the consumer, including a display card to which a container may be fixed.

Additional information

(2) Information in addition to that required by these Regulations may be displayed on a container if it does not disclaim or contradict the required information.

Exemption -- packaging

16. (1) Packaging is exempt from the requirements of paragraph 15(1)(b) if the packaging

(a) is transparent and

(i) the required information displayed on the container is legible through the packaging, and

(ii) the transparent packaging does not obscure any of the required information on the container; or

(b) is not transparent and

(i) encloses

(A) a container and a product that is not subject to these Regulations, or

(B) two or more containers that have different information requirements, and

(ii) displays the following signal word and primary hazard statement, or a statement to the same effect, in the manner set out in sections 17 to 20 and 23, subsections 24(1) and (3) and sections 25, 26 and 28:

"CAUTION. CONTAINS PRODUCTS THAT MAY BE HARMFUL. READ WARNINGS ON EACH CONTAINER."

"ATTENTION. CONTIENT DES PRODUITS QUI PEUVENT ÊTRE NOCIFS. LIRE LES MISES EN GARDE SUR CHAQUE CONTENANT."

Exemption -- packaging not customarily displayed

(2) Packaging that is not customarily displayed to the consumer, such as a shipping carton, is exempt from the requirements of paragraph 15(1)(b).

Presentation of Information -- Technical Specifications

Languages, legibility and durability

17. The information required by these Regulations to be displayed on a container must be

(a) displayed in both official languages; and

(b) set out in a manner that is clear and legible and sufficiently durable to remain legible throughout the useful life of the chemical product or, in the case of a refillable container, the useful life of the container, under normal conditions of transportation, storage, sale and use.

Colour contrast

18. The colour contrast between the information and the background must be equivalent to at least a 70% screen of black on white.

Print -- general rules

19. (1) If the information is set out in words, they must be printed in a standard sans serif type that

(a) is not compressed, expanded or decorative; and

(b) as illustrated in Schedule 4, has a large body size or "x-Height" relative to the ascender or descender of the type.

Measurement of height of type

(2) The height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as "b" or "p".

Print -- upper-case letters

20. The following information must be printed

(a) in upper-case letters

(i) the signal word,

(ii) the primary hazard statement, and

(iii) the specific hazard statement; and

(b) in bold-faced, upper-case letters, the titles "FIRST AID TREATMENT" and "PREMIERS SOINS".

Hazard symbol -- reproduction

21. The hazard symbol must be an exact reproduction of the applicable symbol depicted in Schedule 2, except with respect to size and colour.

Hazard symbol -- minimum diameter

22. The hazard symbol must, when the main display panel has the area set out in column 1 of the table to this section, have a diameter at least as large as that set out in column 2.

TABLE TO SECTION 22
MINIMUM DIAMETER OF THE HAZARD SYMBOL

Signal word -- height

23. The height of the signal word must be at least one quarter of the minimum diameter of a hazard symbol determined in accordance with section 22.

Other information -- height and body size

24. (1) Subject to subsection (3), when the main display panel has an area set out in column 1 of the table to this subsection, the following information must be in type that is at least the height set out in column 2 and at least the body size set out in column 3:

(a) the primary hazard statement;

(b) the specific hazard statement;

(c) the positive and negative instructions; and

(d) the titles "FIRST AID TREATMENT" and "PREMIERS SOINS".

TABLE TO SUBSECTION 24(1)
MINIMUM HEIGHT AND BODY SIZE OF TYPE

First aid statement -- height and body size

(2) Subject to subsection (3), the first aid statement, except for the titles "FIRST AID TREATMENT" and "PREMIERS SOINS", must be in type that has a minimum height of 2 mm and a minimum body size of 6 points.

Exception -- quick skin-bonding adhesive

(3) In the case of a quick skin-bonding adhesive referred to in Part 4, when the main display panel of the container has an area set out in column 1 of the table to this subsection, the primary hazard statement, the titles "FIRST AID TREATMENT" and "PREMIERS SOINS" and the first aid statement must be in type that is at least the height set out in column 2 and at least the body size set out in column 3.

TABLE TO SUBSECTION 24(3)
MINIMUM HEIGHT AND BODY SIZE OF TYPE -- QUICK SKIN-BONDING ADHESIVE

Location and Order -- General Rule

Location and order

25. (1) The information required by these Regulations must be displayed on the container at the following locations and in the following order:

(a) on the main display panel,

(i) a hazard symbol,

(ii) the signal word "EXTREME DANGER", "DANGER" or "CAUTION", as the case may be, and

(iii) the primary hazard statement; and

(b) on any part of the display surface,

(i) the specific hazard statement,

(ii) negative instructions,

(iii) positive instructions, and

(iv) the first aid statement.

Exemption -- small container

(2) Despite subsection (1) and subject to Part 4, if the main display panel of a container has an area of

(a) less than 35 cm², only the hazard symbol and the signal word need be displayed; or

(b) 35 cm² or more but less than 70 cm² and more than one hazard symbol is required, the required negative and positive instructions, other than the positive instructions referred to in subsection 11(2), may be omitted.

Location on Main Display Panel

Location of hazard symbol, signal word and primary hazard statement

26. (1) The information referred to in paragraph 25(1)(a) must be located as follows:

(a) below the common name or brand name of the chemical product;

(b) centred parallel to and near the base of the main display panel; and

(c) subject to subsection (3), immediately below one another.

Base of collapsible tube

(2) For the purpose of paragraph (1)(b), the base of the main display panel of a collapsible tube is the end from which the chemical product is discharged.

Exception -- short, wide containers

(3) If the main display panel has a height that is less than 10 cm and a width that is at least twice the height, the signal word may be located immediately beside the hazard symbol instead of below it.

Multiple hazard symbols

27. If more than one hazard symbol is required, the symbols must be grouped immediately beside each other in a row parallel to the base of the container.

Precedence among signal words

28. If these Regulations require that more than one signal word be displayed on a container, only the signal word that discloses the greatest hazard must be displayed on the container.

Location of Other Hazard Information

Location of specific hazard statement, instructions and first aid statement

29. The information referred to in paragraph 25(1)(b) must be

(a) left justified; and

(b) enclosed within a border that demarcates the information from other information displayed on the display surface.

Border

30. The border referred to in paragraph 29(b)

(a) may include a series of dots or hatched lines, a difference in colour or shading of the background or some other graphic device;

(b) must be different from the label border described in Schedule III to the Controlled Products Regulations and from any other border on the label; and

(c) must comply with paragraph 17(b) and section 18.

First aid statement -- order of information

31. The first aid statement must set out the following information in the following order:

(a) the title "FIRST AID TREATMENT" and "PREMIERS SOINS";

(b) the words "Contains" and "Contient";

(c) a list of the hazardous ingredients in the chemical product, in the manner set out in section 32, in descending order of their proportions; and

(d) the required statements of first aid treatment.

Hazardous ingredients

32. A hazardous ingredient referred to in paragraph 31(c) must be identified

(a) by its chemical identity; or

(b) in the case of a complex mixture, by its generic name.

PART 1
TOXIC PRODUCTS

Classification of Toxic Products

Data sources

33. The person responsible for a toxic product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence:

(a) human experience data pertaining to the toxic product;

(b) in the case of a toxic product that contains a substance of special concern, the table to subsection 34(1);

(c) in the case of a toxic product that poses a risk of exposure through an oral, a dermal or an inhalation route, the LD₅₀ or LC₅₀ or both, as the case may be, of the product as determined in accordance with the applicable table to subsections 34(2) to (4) and the data sources and formulas set out in sections 35 to 37; or

(d) in the case of a toxic product that poses an aspiration hazard, the properties set out in subsection 34(5).

Sub-categories -- substance of special concern

34. (1) A chemical product that contains a substance of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 34(1)
SUB-CATEGORIES -- SUBSTANCE OF SPECIAL CONCERN

Sub-categories -- oral exposure

(2) A chemical product that poses a risk to a consumer through an oral route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 34(2)
SUB-CATEGORIES -- ORAL EXPOSURE

Sub-categories -- dermal exposure

(3) A chemical product that poses a risk to a consumer through a dermal route and has an LD₅₀ set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 34(3)
SUB-CATEGORIES -- DERMAL EXPOSURE

Sub-categories -- inhalation exposure

(4) A chemical product that poses a risk to a consumer through inhalation, is in the state set out in column 1 of the table to this subsection and has a 4-hour LC₅₀ set out in column 2 must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 34(4)
SUB-CATEGORIES -- INHALATION EXPOSURE

Sub-category -- aspiration hazard

(5) A chemical product must be classified in the sub-category "toxic" if it has a viscosity of 14 mm²/s or less at 40°C and 10% or more of the product is composed of hazardous ingredients that pose an aspiration hazard, including, in particular, any of the following substances:

(a) an n-primary alcohol with a composition of at least 3 carbon atoms but not more than 13;

(b) an isobutyl alcohol;

(c) a terpene alcohol;

(d) a ketone with a composition of at least 3 carbon atoms but not more than 13;

(e) a hydrocarbon with a composition of at least 3 carbon atoms but not more than 13; or

(f) a substance that has been determined to be an aspiration hazard based on its viscosity, surface tension and water solubility through the application of generally accepted standards of good scientific practices.

Determination of Toxicity

Data sources

35. (1) The person responsible for a toxic product must determine, from one or more of the following data sources in the following order of precedence, its toxicity or, in the case of a mixture that separates, the toxicity of each layer of the mixture:

(a) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the peer-reviewed results of acute toxicity tests using the product on animals, which tests were conducted in accordance with the OECD Test Guidelines for acute toxicity testing;

(b) if tests on animals using the product have not been conducted in accordance with the OECD Test Guidelines for acute toxicity testing, the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by

(i) peer-reviewed results of acute toxicity tests of the product or the layer, which tests were conducted on animals in accordance with

(A) a National Standard or an international standard recognized by the Standards Council of Canada, or

(B) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted,

(ii) if the product is a mixture, other than a mixture that separates, section 36,

(iii) peer-reviewed results of tests of a chemical product or a substance that has similar properties to those of the product or of the layer under examination, which tests were conducted on animals in accordance with

(A) OECD Test Guidelines for acute toxicity testing,

(B) a National Standard or an international standard recognized by the Standards Council of Canada, or

(C) a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, or

(iv) other current, peer-reviewed information about the product or the layer; or

(c) the LD₅₀ or LC₅₀ or both, as the case may be, of the product or of the layer as determined by the results of tests conducted with the toxic product by the person responsible in accordance with a test methodology that conforms with good scientific practices.

Differing data sources

(2) In the case of differing data sources,

(a) an original literature source must be used in preference to a literature source that refers to the original study; and

(b) a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used.

Mixture that separates

(3) In the case of a mixture that separates, the toxic product must be assigned the LD₅₀ or LC₅₀ or both, as the case may be, of the most toxic layer.

Definition of "mixture that separates"

(4) In this section, "mixture that separates" means a chemical product in a liquid or semi-liquid state that separates into two or more distinct layers if left standing undisturbed for a period of 30 days at 20^oC.

Additivity formulas -- LD₅₀ or LC₅₀ of mixtures

36. (1) The LD₅₀ or LC₅₀ of a mixture may be determined from the LD₅₀ or LC₅₀ of its ingredients that are present in a concentration of 1% or more, using one of the following additivity formulas, as the case may be:

Complex mixture

(2) For the purposes of the additivity formulas set out in subsection (1), "ingredient" includes a complex mixture.

When LD₅₀ or LC₅₀ of ingredient is not known but can be estimated

(3) When the LD₅₀ or LC₅₀ of one or more ingredients present in a chemical product in a concentration of 1% or more is not known, the person responsible may, in the additivity formulas set out in subsection (1), use an estimated LD₅₀ or LC₅₀ determined in accordance with good scientific practices.

When LD₅₀ or LC₅₀ of ingredient is not known and cannot be estimated

(4) When the LD₅₀ or LC₅₀ of one or more ingredients present in a chemical product is not known and cannot be estimated from information referred to in paragraph 35(1)(b) or (c), the person responsible, in the additivity formulas set out in subsection (1), must substitute for the LD₅₀ or LC₅₀ of the ingredient, the LD₅₀ or LC₅₀ of the most toxic known ingredient that is present in the product at a concentration of 1% or more.

Conversion to a 4-hour LC₅₀

37. An LC₅₀ obtained during a duration of exposure of other than four hours must be converted to an LC₅₀ equivalent to a duration of exposure of four hours by using one of the following formulas, as the case may be:

Very Toxic Products

Prohibition

38. The advertising, sale or importation of a chemical product that is classified under section 33 in the sub-category "very toxic" is prohibited.

Required Information

Required information -- sub-category "toxic"

39. (1) Subject to subsection (3), the container of a chemical product that is classified in the sub-category "toxic" under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 39(1)
REQUIRED INFORMATION -- SUB-CATEGORY "TOXIC"

Required information -- sub-category "harmful"

(2) Subject to subsection (3), the container of a chemical product that is classified in the sub-category "harmful" under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 39(2)
REQUIRED INFORMATION -- SUB-CATEGORY "HARMFUL"

Exception -- fuels

(3) Subsections (1) and (2) do not apply to a container of a fuel, such as gasoline, ethanol or propane, if the container is directly connected to an internal combustion engine, a gas turbine or an appliance that uses the fuel.

Child-resistant Containers

Sub-category "toxic"

40. (1) Subject to subsection (2) and section 14, a chemical product that is classified under section 33 in the sub-category "toxic" must be in a child-resistant container that complies with sections 9 to 13.

Exceptions -- spray container and single-drop dispenser

(2) Subsection (1) does not apply to a chemical product classified under section 33 in the sub-category "toxic" that is in

(a) a spray container that cannot be opened and that disperses the product as a mist; or

(b) a container that

(i) dispenses only one drop of the product at a time, and

(ii) displays the following primary hazard statement in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26:

"THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN."

«CE CONTENANT N'EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS.»

PART 2
CORROSIVE PRODUCTS

Classification of Corrosive Products

Data sources

41. (1) The person responsible for a corrosive product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence:

(a) subject to subsection (2), human experience data for the corrosive product;

(b) the table to subsection 42(1), in the case of a corrosive product that contains a substance of special concern;

(c) one or more of the following sources in the following order of precedence, in the case of a corrosive product that contains one or more acids or one or more bases:

(i) the data sources set out in paragraph 6(1)(b), (c) or (e), or

(ii) the pH and, if applicable, the acid reserve or the alkali reserve of the corrosive product as set out in the tables to subsections 42(2) and (3), determined using the test methods set out in section 44;

(d) the table to subsection 42(4), in the case of a corrosive product that contains a substance, other than an acid or a base, that is capable of inducing necrosis or ulceration of epithelial tissue at the site of application determined using the data sources set out in subsection 43(1); or

(e) subsection 42(5), in the case of a corrosive product that contains a substance, other than an acid or a base, that is capable, when tested using the test methods set out in subsection 43(2), of causing any of the following at the site of application, namely,

(i) an erythema or edema of the skin graded at 2 or more,

(ii) corneal damage graded at 2 or more,

(iii) iris damage graded at 1 or more, or

(iv) conjunctival swelling or redness graded at 2.5 or more.

Classification using human experience data

(2) If the human experience data for a corrosive product demonstrates that the product is capable of causing an effect described in

(a) paragraph (1)(d), the product must be classified in the sub-category "corrosive"; or

(b) any of subparagraphs (1)(e)(i) to (iv), the product must be classified in the sub-category "irritant".

Sub-categories -- substance of special concern

42. (1) A chemical product that contains one or more of the substances of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 42(1)
SUB-CATEGORIES -- SUBSTANCE OF SPECIAL CONCERN

Sub-categories -- one or more acids

(2) A chemical product that contains one or more acids, is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 42(2)
SUB-CATEGORIES -- ONE OR MORE ACIDS

Sub-categories -- one or more bases

(3) A chemical product that contains one or more bases, is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the sub-category set out in column 3.

TABLE TO SUBSECTION 42(3)
SUB-CATEGORIES -- ONE OR MORE BASES

Sub-categories -- substances causing necrosis or ulceration

(4) A chemical product that contains substances described in paragraph 41(1)(d) that are capable of causing necrosis or ulceration, in a total concentration set out in column 1 of the table to this subsection, must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 42(4)
SUB-CATEGORIES -- SUBSTANCES CAUSING NECROSIS OR ULCERATION

Sub-category -- substances causing other effects

(5) A chemical product that contains substances that are capable of causing an effect described in paragraph 41(1)(e) in a total concentration of 5% or more must be classified in the sub-category "irritant".

Test Methods

Determination -- necrosis and ulceration

43. (1) The capability of a substance in a corrosive product to induce necrosis or ulceration of epithelial tissue at the site of application must be determined from an applicable data source set out in paragraphs 6(1)(a) to (c) or (e).

Determination -- other effects

(2) The capability of a substance in a corrosive product to cause an erythema or edema of the skin, corneal or iris damage or conjunctive swelling or redness at the site of application, to the grade specified in paragraph 41(1)(e), must be determined from the applicable data source set out in paragraphs 6(1)(a) to (c) or (e), including

(a) the Draize Test;

(b) in the case of an erythema or an edema, OECD No. 404; and

(c) in the case of corneal or iris damage or conjunctive swelling or redness, OECD No. 405.

Determination of the pH

44. (1) The person responsible for a corrosive product must determine the pH of the product by using good scientific practices that are in accordance with a procedure similar to that described in ASTM D 1293, from

(a) in the case of a product in the form of a liquid, the product as it is dispensed from its container; and

(b) in the case of a product in the form of a solid, paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a 10% aqueous solution of the product.

Determination of acid reserve or alkali reserve

(2) The person responsible for a corrosive product must determine, where applicable, the acid reserve or the alkali reserve of the product by

(a) titrating, in accordance with the OECD Principles of Good Laboratory Practice,

(i) in the case of a product in the form of a liquid, a suitable aliquot of the product as it is dispensed from its container, and

(ii) in the case of a product in the form of a solid, paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a suitable aliquot of a 10% aqueous solution of the product; and

(b) calculating

(i) in the case of an acidic product, the amount of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05, and

(ii) in the case of a basic product, the amount of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid.

Unstable end point

(3) If the end point of the titration referred to in subsection (2) is unstable and exhibits drifting, the pH end point reached within 30 seconds after the last addition of titrant is to be used as the effective end point for classification purposes.

Very Corrosive Products

Prohibition and exception

45. The advertising, sale or importation of a corrosive product that is classified in the sub-category "very corrosive" under section 41 is prohibited unless it is set out in column 1 of the table to this section and meets the conditions set out in column 2.

TABLE TO SECTION 45
CONDITIONS FOR ADVERTISING, SELLING OR IMPORTING VERY CORROSIVE PRODUCTS

Required Information

Required information -- sub-category "very corrosive"

46. (1) When a corrosive product classified in the sub-category "very corrosive" under section 41 has an information requirement under the table to section 45, the container of the product must display, for each type of information set out in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 46(1)
REQUIRED INFORMATION -- SUB-CATEGORY "VERY CORROSIVE"

Required information -- sub-category "corrosive"

(2) The container of a corrosive product that is classified in the sub-category "corrosive" under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 46(2)
REQUIRED INFORMATION -- SUB-CATEGORY "CORROSIVE"

Required information -- sub-category "irritant"

(3) Subject to subsection (4), the container of a corrosive product that is classified in the sub-category "irritant" under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.

TABLE TO SUBSECTION 46(3)
REQUIRED INFORMATION -- SUB-CATEGORY "IRRITANT"

Exception -- another primary hazard statement

(4) The primary hazard statement set out in columns 3 and 4 of item 2 of the table to subsection (3) may be omitted when other provisions in these Regulations require another primary hazard statement to be displayed on the container.

Child-resistant Containers

Sub-categories "very corrosive" and "corrosive"

47. Subject to section 14, a corrosive product must be in a child-resistant container that complies with sections 9 to 13 if the product has been classified in accordance with section 41

(a) in the sub-category "very corrosive" and is listed in the table to section 45; or

(b) in the sub-category "corrosive".

PART 3
FLAMMABLE PRODUCTS

Classification of Flammable Products

Data sources and tests

48. (1) The person responsible for a flammable product must determine the appropriate sub-category for the product in accordance with section 49 using human experience data or the results of tests conducted in accordance with the test methods set out in sections 50 to 52 and Schedule 1.

Exemption

(2) A flammable product that is classified in the sub-category "combustible" is exempt from the requirements of this Part if it

(a) is composed of 50% or more of water and 50% or less of water-miscible solvent; and

(b) does not sustain combustion when tested in accordance with Test L.2.

Sub-categories of hazard category "Category 3, flammable products"

49. (1) A flammable product described in column 1 of the table to this subsection must be classified in the sub-category set out in column 2.

TABLE TO SUBSECTION 49(1)
SUB-CATEGORIES OF HAZARD CATEGORY "CATEGORY 3, FLAMMABLE PRODUCTS"

Flammable liquid in a refillable spray container

(2) In the case of a liquid flammable product in a refillable spray container, the person responsible must

(a) determine both the product's flash point, in accordance with section 50, and its flame projection and flashback, in accordance with section 52; and

(b) classify the product in the most flammable sub-category of the applicable sub-categories as determined under items 3 and 7 of the table to subsection (1).

Test Methods

Flash point -- liquids

50. A flammable product in the form of a liquid must be tested for its flash point in accordance with the following standards:

(a) for liquids that have a viscosity of less than 5.8 mm²/s at 37.8°C, ASTM D 56 or ASTM D 3828; and

(b) for liquids that have a viscosity of 5.8 mm²/s or more at 37.8°C, ASTM D 93.

Flash point -- solids, pastes and gels

51. A flammable product in the form of a solid, paste or gel must be tested for its flash point in accordance with ASTM D 56.

Flame projection and flashback -- spray container

52. A flammable product that is enclosed in a spray container must be tested for its flame projection and flashback in accordance with the procedure set out in Schedule 1.

Very Flammable Products

Prohibition and exceptions

53. The advertising, sale or importation of a flammable product that is classified in the sub-category "very flammable" under section 48 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2.

TABLE TO SECTION 53
CONDITIONS FOR ADVERTISING, SELLING OR IMPORTING A VERY FLAMMABLE PRODUCT

Required Information

Required information -- sub-category "very flammable"

54. (1) When a flammable product classified in the sub-category "very flammable" under section 48 has an information requirement under the table to section 53, the container of the product must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics.

TABLE TO SUBSECTION 54(1)
REQUIRED INFORMATION -- SUB-CATEGORY "VERY FLAMMABLE"

Required information -- sub-category "flammable"

(2) The container of a flammable product that is classified in the sub-category "flammable" under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics.

TABLE TO SUBSECTION 54(2)
REQUIRED INFORMATION -- SUB-CATEGORY "FLAMMABLE"

Required information -- sub-category "spontaneously combustible"

(3) The container of a flammable product that is classified in the sub-category "spontaneously combustible" under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3.

TABLE TO SUBSECTION 54(3)
REQUIRED INFORMATION -- SUB-CATEGORY "SPONTANEOUSLY COMBUSTIBLE"

Required information -- sub-category "combustible"

(4) The container of a flammable product that is classified in the sub-category "combustible" under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3.

TABLE TO SUBSECTION 54(4)
REQUIRED INFORMATION -- SUB-CATEGORY "COMBUSTIBLE"

PART 4
QUICK SKIN-BONDING ADHESIVES

Required instructions and first aid statement

55. The container of a quick skin-bonding adhesive must display the instructions and first aid statement set out in section 56 in the manner set out in sections 17 to 20, 24, 25 and 29 to 32.

Required information

56. (1) Subject to subsection (2), the container of a quick skin-bonding adhesive must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3.

TABLE TO SUBSECTION 56(1)
REQUIRED INFORMATION -- QUICK SKIN-BONDING ADHESIVES

Exception -- main display panel less than 35 cm²

(2) The container of a quick skin-bonding adhesive that has a main display panel of less than 35 cm² need only display the information set out in columns 2 and 3 of items 2 and 5 of the table to subsection (1) in the height and body size of type set out in subsection 24(3).

Child-resistant container

57. (1) Subject to subsection (2), a quick skin-bonding adhesive must be in a child-resistant container that complies with sections 9 to 13.

Exception -- child-resistant packaging

(2) Subsection (1) does not apply if the packaging that immediately encloses the container and that is displayed to the consumer is child-resistant and complies with sections 9 to 13.

PART 5
PRESSURIZED CONTAINERS

Application

58. (1) Subject to subsection (2), this Part applies to a pressurized container that

(a) contains or will contain a substance that, when in a liquid state, has an absolute vapour pressure greater than 275 kPa at 37.8°C as determined using ASTM D 323; or

(b) is or will be pressurized to an absolute pressure greater than 275 ± 1 kPa at 21.1°C or 717 ± 2 kPa at 54.4°C.

Exceptions

(2) This Part does not apply to a pressurized container that complies with CSA B339.

Required information

59. A pressurized container must display, for each type of information set out in column 1 of the table to this section, the information set out in columns 2 and 3.

TABLE TO SECTION 59
REQUIRED INFORMATION -- PRESSURIZED CONTAINERS

TRANSITIONAL PROVISION

Transition period -- excluding a retailer

60. (1) A person, other than a retailer, who on October 1, 2001 is in the business of producing, selling or importing a chemical product or a container that complies with the Consumer Chemicals and Containers Regulations as they read on September 30, 2001, or who incidentally, as part of their business, is producing, selling or importing such a chemical product or container, may continue the activity with respect to that product or container for a period of two years commencing on October 1, 2001.

Transition period -- retailer

(2) A retailer may sell to a consumer a chemical product or a container that complies with the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001,

(a) for a period of four years commencing on October 1, 2001, in the case of a product or container that is classified only in any or all of the hazard category "Category 5, Pressurized Container" or the sub-categories "harmful", "irritant" or "combustible"; and

(b) for a period of three years commencing on October 1, 2001, in any other case.

Definition of "producing"

(3) In subsection (1), "producing" a chemical product or container means that the plating-up stage of production, necessary for printing the label for the chemical product or container, has been completed.

REPEAL

Repeal -- Consumer Chemicals and Containers Regulations

61. The Consumer Chemicals and Containers Regulations¹ are repealed.

¹ SOR/88-556

COMING INTO FORCE

Coming into force

62. These Regulations come into force on October 1, 2001.

SCHEDULE 1
(Subsections 1(1), 48(1) and 49(1) and section 52)
TEST FOR DETERMINING THE FLASHBACK AND THE LENGTH OF THE FLAME PROJECTION OF A FLAMMABLE PRODUCT ENCLOSED IN A SPRAY CONTAINER

Application

1. This test is to be used to determine the flashback and the length of the flame projection of a flammable product enclosed in a spray container.

Apparatus

2. The following apparatus is to be used in this test:

(a) a flammability tester, as illustrated in Figures 1 and 2 to the Schedule, that

(i) is constructed so that the spray container can be secured in place by means of a holding device, such as a three-pronged clamp affixed to a ring stand, in such a manner that the discharge from the spray container is in the horizontal plane,

(ii) may include a remote control device by which

(A) the valve of a pressurized container can be activated, such as a side-pull, caliper-type bicycle hand brake, or

(B) the trigger or plunger of a pump-spray container can be pneumatically activated, as illustrated in Figures 3 and 4 to the Schedule,

(iii) has a vertically mounted burner that

(A) has an inside diameter of 1.2 mm,

(B) has a Luer-Lock 16-gauge needle affixed to a metal tube or another suitable device, and

(C) is placed at a distance of 15 cm from the discharge orifice of the spray container, which distance is to be measured horizontally between the vertical planes of the discharge orifice and the burner orifice, and

(iv) has two support frameworks, placed on the opposite side of the burner from the spray container, one at a distance of 15 cm from the burner and the other at a distance of 100 cm from the burner, each of which

(A) has an internal open space for testing a pressurized container of 35 cm wide by 100 cm high or, for testing a pump-spray container, of 35 cm wide by 60 cm high,

(B) is constructed from metal or other non-flammable material,

(C) is mounted in a vertical plane perpendicular to the direction of discharge from the spray container, and

(D) is adjustable in the vertical plane;

(b) a cylinder of chemically pure (C.P.) grade propane fitted with a regulator capable of delivering pressure to the burner appropriate to maintaining a flame height of 5 cm; and

(c) loosely woven cotton fabric commonly referred to as cheesecloth that has, in the bleached state, a mass per unit area of not less than 35 g/m² and not more than 65 g/m².

Test Specimen

3. (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test composed of the following number of discharges from each of three spray containers of the same product and of the same size must be conducted:

(a) in the case of a pressurized container, three discharges; and

(b) in the case of a pump-spray container, 10 discharges.

(2) When there are no instructions by the manufacturer respecting the shaking of the spray container, a test, using each of three spray containers of the same product and of the same size, must be conducted as follows:

(a) in the case of a pressurized container, without shaking the container, discharge it three times and then, after shaking it in the manner set out in paragraph 4(9)(a), discharge it a further three times; or

(b) in the case of a pump-spray container, without shaking the container, discharge it 10 times and then, after shaking it in the manner set out in paragraph 4(9)(a), discharge it a further 10 times.

Procedure

4. (1) A test

(a) must be conducted at a room temperature of 22 ± 2°C in the absence of air currents, with an allowance made for a clearance of 50 cm beyond the support framework that is set at a distance of 100 cm from the burner; and

(b) may be conducted in a fume hood with the exhaust fan turned off and the protecting door lowered.

(2) Any fume must be removed from the test area and any residue cleaned up after each discharge.

(3) Before testing, each spray container must be

(a) maintained at a temperature of 22 ± 2°C for at least four hours; and

(b) primed by

(i) in the case of a pressurized container, discharging the container for five seconds, and

(ii) in the case of a pump-spray container, activating the trigger or pump using each of 18 N, 36 N and 54 N of pressure for each possible nozzle position until

(A) in the case of the "stream" position, a continuous stream is produced, and

(B) in the case of the "spray" position, a mist is produced.

(4) Install the first spray container in the holding device and ensure that the burner orifice is 15 cm from the discharge orifice of the spray container in the horizontal plane and 5 cm below it in the vertical plane and that the discharge orifice points in the direction of the burner.

(5) Adjust the burner to give a flame height of 5 cm and release the following trial discharges from the spray container:

(a) in the case of a pressurized container, a single discharge; and

(b) in the case of a pump-spray container, three discharges.

(6) If the operation set out in subsection (5) does not produce a flame projection, lower the burner orifice by 5 cm and adjust the burner to give a flame height of 12 cm.

(7) Attach the cheesecloth to the flammability tester with bulldog clips or in any other manner so as to cover the entire internal space of the support framework set at a distance of 15 cm from the burner and verify that the cheesecloth is at a proper horizontal distance from the vertical plane of the burner orifice on the opposite side of the burner from the spray container.

(8) Adjust the height of the support framework so that the cheesecloth will intercept the line of flame projection.

(9) Prepare the spray container in accordance with the manufacturer's instructions and

(a) if shaking is applicable,

(i) shake vigorously for five seconds, or for the period specified in the manufacturer's instructions,

(ii) install the spray container in the holding device,

(iii) 15 seconds after the cessation of shaking, release the first discharge in accordance with subsection (10), and

(iv) allow the spray container to stand for at least 60 seconds between discharges; or

(b) if shaking is not applicable, install the spray container in the holding device and release the discharge in accordance with subsection (10), allowing the spray container to stand for at least 60 seconds between discharges.

(10) Discharge the spray container

(a) in the case of a pressurized container, for five seconds or until the cheesecloth ignites; or

(b) in the case of a pump-spray container, for 10 sprays or until the cheesecloth ignites.

(11) In the case of a pump-spray container, repeat the procedure set out in paragraph (10)(b) for each nozzle position and each of 18 N, 36 N and 54 N of pressure.

(12) If the cheesecloth attached to the support framework that is set at a distance of 15 cm from the burner ignites, the remaining discharges referred to in section 3 must be carried out in accordance with subsections (1) to (11) using a new piece of cheesecloth attached to the support framework that is set at a distance of 100 cm from the burner.

Determination and Reporting of Flame Projection and Flashback

5. (1) If at any time during the test the cheesecloth that is mounted at a distance of 100 cm from the burner is ignited, the length of the flame projection is 100 cm or more.

(2) If at any time during the test the cheesecloth that is mounted at a distance of 15 cm from the burner is ignited and, at all times during the test, the cheesecloth that is mounted at a distance of 100 cm from the burner remains unignited, the length of the flame projection is 15 cm or more but less than 100 cm.

(3) If at any time during the test the cheesecloth mounted at a distance of 15 cm from the burner is not ignited but there is a flame projection, the length of the flame projection is less than 15 cm.

6. The following test results must be recorded:

(a) the length of the flame projection

(i) in the case of a pressurized container, for each discharge, and

(ii) in the case of a pump-spray container, for each discharge at each nozzle position and each pressure applied;

(b) a lack of flame projection resulting from any of the test discharges; and

(c) any flashback.

FIGURE 1
FLAMMABILITY TESTER -- PRESSURIZED CONTAINER

GRAPHIC IS NOT DISPLAYED, SEE SOR/2001-269, P. 1606

FIGURE 2
FLAMMABILITY TESTER -- PUMP-SPRAY CONTAINER

GRAPHIC IS NOT DISPLAYED, SEE SOR/2001-269, P. 1607

FIGURE 3
HOLDING APPARATUS FOR A TRIGGER-TYPE CONTAINER -- ISOMETRIC VIEW

GRAPHIC IS NOT DISPLAYED, SEE SOR/2001-269, P. 1608

FIGURE 4
HOLDING APPARATUS FOR A PLUNGER TYPE OR PRESSURIZED CONTAINER -- ISOMETRIC VIEW

GRAPHIC IS NOT DISPLAYED, SEE SOR/2001-269, P. 1609

SCHEDULE 2
(Subsection 1(1) and section 21)
HAZARD SYMBOLS

SCHEDULE 3

(Section 7)

TEST METHOD FOR DETERMINING WHETHER A CONTAINER LEAKS

Interpretation

Definitions

1. The definitions in this section apply in this Schedule.

"seal" « sceau d'étanchéité »

"seal", in respect of a container, means any device or membrane under the closure that covers the opening of the container, including any membrane that is part of the container, such as a heat induction seal or a sonic seal. It does not include a liner or a mechanism that is an integral part of the closure. (sceau d'étanchéité)

"test sample" « échantillon d'essai »

"test sample" means

(a) in the case of a container of a chemical product, the container filled with the product in the manner in which it is sold to the consumer; or

(b) in the case of an empty container that is destined to receive a chemical product, the container filled with the product that it is destined to receive. (échantillon d'essai)

Test Method

Preparation of Sample for Testing

Remove seal

2. Except in the case of a single-use container,

(a) open the test sample;

(b) remove any seal that is present under the closure in accordance with the manufacturer's instructions or, if no instructions are provided, puncture the seal; and

(c) reclose the sample as tightly as possible without stripping the threads of the closure.

Bring to room temperature

3. Place the test sample in a test location that has a constant temperature of 23 ± 2°C for at least four hours to permit the container and its contents to reach the temperature of the test location.

Testing for Leaks

Position of test sample

4. Position the test sample

(a) over a clean piece of blotting paper or another paper that stains on contact with a liquid;

(b) in an inverted position at a 45° angle below the horizontal; and

(c) with the closure in the lowest possible position and free of any obstruction.

Examine paper

5. After one hour, remove the test sample and examine the paper described in paragraph 4(a) for evidence that any of the contents have leaked from the sample.

Pass or Fail

Fail

6. If an examination of the paper described in paragraph 4(a) discloses any trace of the contents of the test sample, the sample has failed the leakage test and a container of the same type as the test sample must not be used for a chemical product.

Pass

7. If no trace of the contents of the test sample is found on the paper described in paragraph 4(a), the sample has passed the leakage test and a container of the same type as the test sample may be used for a chemical product.

SCHEDULE 4
(Paragraph 19(1)(b))
ILLUSTRATION -- STANDARD SANS SERIF TYPE

GRAPHIC IS NOT DISPLAYED, SEE SOR/2001-269, P. 1612