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Taiwan to Regulate Nitrous Oxide as Concerned Chemicals

Taiwan EPA will list nitrous oxide as the first concerned chemicals under TCCSCA and tighten the management accordingly with the objective of preventing drug use and misuse.

Nitrous oxide (also known as “laughing gas”) is commonly used in semiconductor industry, used as anaesthetic in medical surgeries, used as a propellant for whipped cream, etc. It has become a moderately popular recreational drug at nightspots, parties and hotels. To prevent teenage from use and misuse of nitrous oxide, Taiwan EPA proposed to regulate nitrous oxide as the first concerned chemical substance.

To facilitate the management of nitrous oxide effectively, Taiwan EPA issued on July 21 the draft revisions to the Categories and Management of Handling for Concerned Chemical Substances Regulation. A 14-day public consultation will end on August 3. As  planned it will be announced by the end of October and come into effect immediately.

The major updates include:

1. Regulate nitrous oxide as concerned chemicals and set control concentration standard as all above 0%.

2. Obtain approval prior to manufacture, import, sale, use and storage of nitrous oxide, and report monthly online for handlings. For enterprises having handled nitrous oxide for industrial use in Taiwan, they should keep records and report monthly when the regulation is promulgated. In addition, they should update the label and SDS, and obtain approval for handling before January 1, 2021.

3. Exempt some usage from regulation, e.g. R&D, education, military applications, etc.

4. Industrial grade nitrous oxide shall only be manufactured or imported when mixed with not less than 100 parts per million of sulfur dioxide, except for manufacturing electronic components, electronics and optical products, etc.

5. Containers or packaging of concerned chemical substances are required to comply with the Regulations for the Labeling and Materials Safety Data Sheets for Toxic and Concerned Chemical Substances. In addition, special warning words are required on packaging and the text should be contrast against background color.

Taiwan’s Toxic and Concerned Chemical Substances Control Act (TCCSCA), previously known as the Toxic Chemical Substance Control Act (TCSCA) was promulgated on January 16, 2019. It introduced a new category called “concerned chemical substances” (in addition to the current Class 1 to Class 4 toxic chemical substances) to cover substances which are not toxic substances but do pose environmental and health risks. As planned, around 500 concerned chemicals will be published in batches. They will not be regulated as strictly as toxic chemical substances. However, the handlers will have to apply for approval in advance, report monthly and adhere to labeling and SDS requirements.

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