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Consumer Chemicals and Containers Regulations, 2001

Version of section 35 from 2016-06-22 to 2020-07-28:


Marginal note:Data sources

  •  (1) The responsible person 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 that does not separate, 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 responsible person in accordance with a test methodology that conforms with good scientific practices.

  • Marginal note: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.

  • Marginal note: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 20oC.

  • SOR/2009-165, s. 10
  • SOR/2016-170, s. 8(E)
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