Consumer Chemicals and Containers Regulations, 2001

Marginal note: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.

• Marginal note: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.