Consumer Chemicals and Containers Regulations, 2001 (SOR/2001-269)

Child-resistant Containers

Marginal note: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.

• Marginal note: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 2Corrosive Products

Classification of Corrosive Products

Marginal note:Data sources

• 41 (1) The responsible person 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 appropriate test methods set out in subsection 43(2), of causing any of the following at the site of application:

    • (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.

• Marginal note: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”.

Marginal note: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.

  	Column 1	Column 2	Column 3
  Item	Substance of special concern	Concentration	Sub-category
  1	Ethyl bromoacetate	any concentration	Very Corrosive
  2	Fluoride	0.5% or more of available fluoride ions	Very Corrosive

• Marginal note: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.

  	Column 1	Column 2	Column 3
  Item	State	Properties	Sub-category
  1	Liquid	(a) a pH of not more than 1.0	Corrosive
  		(b) a pH of more than 1.0 but not more than 3.0, and an acid reserve of 5.0 or more	Corrosive
  		(c) a pH of more than 1.0 but not more than 3.0, and an acid reserve of 3.0 or more but less than 5.0	Irritant
  2	Solid, paste or gel	(a) a pH of not more than 1.0	Corrosive
  		(b) a pH of more than 1.0 but not more than 3.0, and an acid reserve of 10.0 or more	Corrosive
  		(c) a pH of more than 1.0 but not more than 3.0, and an acid reserve of 5.0 or more but less than 10.0	Irritant

• Marginal note: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.

  	Column 1	Column 2	Column 3
  Item	State	Properties	Sub-category
  1	Liquid	(a) a pH of 13.0 or more	Corrosive
  		(b) a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 5.0 or more	Corrosive
  		(c) a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 5.0	Irritant
  		(d) a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 5.0 but not less than 3.0	Irritant
  2	Solid, paste or gel	(a) a pH of 13.0 or more	Corrosive
  		(b) a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 10.0 or more	Corrosive
  		(c) a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 10.0	Irritant
  		(d) a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 10.0 but not less than 5.0	Irritant

• Marginal note: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.

  	Column 1	Column 2
  Item	Total concentration of the substances	Sub-category
  1	5% or more	Corrosive
  2	1% or more but less than 5%	Irritant

• Marginal note: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

Marginal note: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).

• Marginal note: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.

Marginal note:Determination of the pH

• 44 (1) The responsible person 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.

• Marginal note:Determination of acid reserve or alkali reserve

  (2) The responsible person 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.

• Marginal note: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.