Consumer Chemicals and Containers Regulations, 2001

Marginal note:Data sources

• 35 (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 20^oC.