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Taiwan’s Ministry of Labor (MoL) issued on 29 Mar 2018 the draft amendments of the Regulation of Labeling and Hazard Communication of Hazardous Chemicals (hereafter referred to as the “Regulation”). The draft proposal is currently undergoing a 60-day public consultation.
The Regulation was promulgated by MoL Announcement No.10302007861 on 27 Jun 2014 and took effect from 3 July 2014 replacing the Regulation of Labeling and Hazard Communication of Dangerous and Harmful Materials. It is the most important regulation for implementation of GHS in Taiwan.
The proposed revisions this time cover:
The proposal lists “industrial waste” as beyond the scope of the regulation, rather than the previous ““hazardous industrial waste”.
According to Article 5, employers shall conspicuously label containers containing hazardous chemicals in accordance with the classification and hazard pictograms prescribed in Attachment 1. In the proposal, the “hazard pictograms” is changed to “labelling items” which include hazard pictograms, signal words and hazard statements, etc.
Adding provisions in Article 13 that manufacturers, importers, or suppliers shall provide SDS and the requirements for content, format, and the language of SDS are the same as Article 12.
To protect national security and confidential business information, data protection of the name, content, manufacturers, importers or suppliers of the hazard chemicals can be applied for prior to SDS compilation. In the proposal, CAS No. is added as one item applicable for CBI application. In addition, the format of Taiwan SDS will be changed so that in section 3 of SDS (composition/information on ingredients) for mixtures, the CAS No. should also be indicated.
The eligibility conditions for data protection are drafted as new Article 18-1, including hazardous chemicals with the certain hazard classification according to the CNS 15030 (currently indicated in Article 18) and hazardous chemicals regulated by certain regulations, e.g. priority management chemicals, controlled chemicals, etc.
It is newly added that for CBI application, if the submission is found unqualified or incomplete, the applicant would be ordered to correct and supplement materials. The re-submission is limited to 2 times within a 30 day period upon receiving the request for correction or supplementation.
As proposed, in the Attachment 1 of the Regulation, for hazard class including skin corrosion/irritation, germ cells mutagenicity, carcinogenicity and toxic to reproduction, hazard Category 1 shall be used if there is no sufficient data for further classification into sub-category such as Category 1A or Category 1B.
The updates are proposed to be effective upon final publication.
