Nitrous Oxide Listed as Concerned Chemical in Taiwan

Taiwan EPA lists nitrous oxide as the first concerned chemical substance under TCCSCA. The tighter regulations took effect immediately while leaving six months for current handlers to obtain the approval for its manufacture, import, sale, use and storage.

In effect from October 30, 2020, nitrous oxide, commonly known as laughing gas, has been listed by Taiwan EPA as the first concerned chemical substance^[1] under the Toxic and Concerned Chemical Substances Control Act ^[2](TCCSCA). Its production, import, sale, use and storage are subject to tightened regulations to tackle the growing misuse issues. According to the TCCSCA, concerned chemical substances refers to chemical substances (not toxic chemical substances) that either pollute the environment or are a suspected threat to human health based on substance characteristics.

Details about the Tightened Regulations

The handlers shall obtain approval prior to manufacture, import, sale, use and storage of nitrous oxide. Each transaction shall be recorded online and report to the authority monthly. Except for special purposes approved by governments, e.g. manufacturing electronic components, electronics and optical products, industrial grade nitrous oxide shall only be manufactured or imported when added with sulfur dioxide (above 100 ppm) which is a stinky odor to deter recreational inhalation of laughing gas. The containers or packaging shall comply with the Regulations for the Labeling and Materials Safety Data Sheets for Toxic and Concerned Chemical Substances^[3]. Special warning words are required on packaging and the text should be contrast against background color. Meanwhile, the online sales are prohibited.

Different from the draft proposal in July (ChemLinked news^[4]), only military applications or usage as an oxidizer and fuel for rocket propulsion can be exempt from regulation. R&D or education applications still require approval in advance.

Unlicensed handlers may be subject to a fine of NT$30,000 to $300,000. In cases where unlicensed use of the chemical results in death or harm to human health, the penalty includes at least seven years to life in prison and a fine up to NT$10 million.

For enterprises that have handled nitrous oxide for industrial purpose before October 30, they will be granted with a grace period until May 1, 2021 to obtain the approval. However, they should keep records, report monthly and stop online sales immediately.

In addition, the EPA, in cooperation with the Ministry of Economic Affairs (MOEA), the Ministry of Health and Welfare (MOHW) and the police will launch a joint effort from November 1 to prevent the misuse or illegal use of the chemical, e.g. carrying out inspections and strengthening education, etc.