3. Where in these Regulations, other than in sections 11 and 36, the concentration of an ingredient is expressed as a percentage, the percentage shall be taken as an expression of the ratio of the weight of the ingredient to the weight of the controlled product.

4. The sale or importation of a controlled product, other than a complex mixture or a component of a controlled product that is a complex mixture, is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose on a material safety data sheet the chemical identity and the concentration of

• (a) an ingredient that is found in the controlled product in a concentration of less than 0.1 per cent and is a teratogen or an embryotoxin referred to in section 53, a carcinogen referred to in section 54, a reproductive toxin referred to in section 55, a respiratory tract sensitizer referred to in section 56 or a mutagen referred to in section 57; or

• (b) an ingredient that is an ingredient other than an ingredient referred to in paragraph (a) and that is found in the controlled product in a concentration of less than one per cent, unless the ingredient is included in the Ingredient Disclosure List and the concentration specified for the ingredient in the List is 0.1 per cent.

• 5. (1) The sale or importation of a controlled product that is a complex mixture is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose on a material safety data sheet the chemical identity and concentration of the ingredients of the complex mixture if the generic name of the complex mixture is disclosed on the material safety data sheet.

• (2) The sale or importation of a controlled product that contains a component that is a complex mixture is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose on a material safety data sheet the chemical identity and concentration of the ingredients of the component if

  • (a) the component is found in the controlled product in a concentration of less than 0.1 per cent and is a teratogen or an embryotoxin referred to in section 53, a carcinogen referred to in section 54, a reproductive toxin referred to in section 55, a respiratory tract sensitizer referred to in section 56 or a mutagen referred to in section 57;

  • (b) the component is a component other than a component referred to in paragraph (a) and is found in the controlled product in a concentration of less than one per cent, unless the component is included in the Ingredient Disclosure List and the concentration specified for that component in the List is 0.1 per cent; or

  • (c) the commonly known generic name and concentration of the component in the controlled product is disclosed on the material safety data sheet.

• 5.1 (1) For the purposes of this section,

  “flavour”

  “flavour” means a product, material or substance that is used solely to impart a taste to another product, material or substance; (saveur)

  “fragrance”

  “fragrance” means a product, material or substance that is used solely to impart a smell to another product, material or substance. (parfum)

• (2) The sale or importation of a controlled product that is a flavour or fragrance is exempt, for as long as paragraph 12(b) of the Act is in force, from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose on a material safety data sheet the chemical identity and concentration of the ingredients of the controlled product if

  • (a) the generic chemical identities of the ingredients of the controlled product and the concentrations thereof are disclosed on the material safety data sheet;

  • (b) the supplier of the controlled product maintains a record of the chemical identities and concentrations of the ingredients of the controlled product at a place in Canada where an inspector may enter at any reasonable time for the purposes of the administration and enforcement of Parts II and III of the Act; and

  • (c) for the purposes of section 30, the supplier of the controlled product discloses on the material safety data sheet an emergency telephone number by means of which access to the information set out in the record referred to in paragraph (b) may be obtained at any time.

• (3) The sale or importation of a controlled product that contains a component that is a flavour or fragrance is exempt, for as long as paragraph 12(b) of the Act is in force, from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to disclose on a material safety data sheet the chemical identity and concentration of the ingredients of the component if

  • (a) the generic chemical identities of the ingredients of the component and the concentrations thereof are disclosed on the material safety data sheet;

  • (b) the supplier of the controlled product or of the component maintains a record of the chemical identities and concentrations of the ingredients of the component at a place in Canada where an inspector may enter at any reasonable time for the purposes of the administration and enforcement of Parts II and III of the Act; and

  • (c) the supplier of the controlled product or of the component discloses on the material safety data sheet, in parentheses after the information referred to in paragraph (a), the following information, namely,

    • (i) the product identifier of the component,

    • (ii) for the purposes of section 30, an emergency telephone number by means of which access to the information set out in the record referred to in paragraph (b) may be obtained at any time, and

    • (iii) a statement to the effect that in a medical emergency, a physician or nurse may obtain the chemical identity and concentration of any ingredient of the component set out in the record maintained pursuant to paragraph (b) by calling the emergency telephone number disclosed under subparagraph (ii) and specifying the product identifier of the component.

• (4) Where an inspector obtains information from a record referred to in paragraph (2)(b) or (3)(b), the inspector shall keep the information confidential except for the purposes of the administration and enforcement of Parts II and III of the Act.