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Taiwan Executive Yuan Passed the Amended Toxic Chemical Substances Control Act

On November 1, the Executive Yuan has passed the amended Toxic Chemical Substances Control Act (TCSCA) and handed it to Legislative Yuan for final approval. We can expect its official publication at the end of this year or early next year (Chemlinked Nov 1).

There are two main changes in the new TCSCA, including supervision on “priority substances” and more rigorous requirements for Class 4 toxic substances, in terms of which we have contacted the official from EPA of Taiwan for clarification.

Q 1: When will the “list of priority substance” be published? And how many substances will be included?

A: Not sure yet. According to the news from Taiwan’s Council of Labour Affairs (CLA)  (Chemlinked Nov 12), the updated Existing Chemical Substance Inventory (ECSI) is due to be published in the middle of December, of which some substances will be selected as “priority substances”.

Q 2: Are there higher requirements for priority substances compared with the existing four classes toxic substances?

A: No. According to the amended articles (3, 7), the manufacturers and importers must register them with the central government by submitting information on actual conditions concerning their handling, substance properties, exposure and hazard assessment along with the annual tonnage. Then, they will be categorized into the existing four Classes toxic chemical substances according to their hazard properties and regulated the same as for the four Classes substances instead of giving them “special concern”.

Q 3: Will the Class 4 substances be imposed on the same strict requirements as for the Class 1, Class 2 and Class 3 substances, though they need to be approved by the competent authorities before handling now?

A: The requirements for the Class 4 toxic chemical substances are still lower than those for the other three classes substances. But compared with before, apart from the toxicological information, containers, packaging, handling sites, facilities and safety data sheet must bear matters related to toxicity and pollution control. The purchaser and transferee of Class 4 substances need also to be approved.  

Besides, in order to record the flow of toxic substances and prevent chemical accidents, the draft requests operators to provide evidence of purchasing, manufacturing, disposal, storage and relevant documents of importing and exporting. 

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