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What is 'China REACH' 2010?

New Chemical Substances 2010

China's new REACH-like regulation for chemical substances is commonly translated as Decree No 7: Measures for Environmental Management of New Chemical Substances. Our English translation is provided by FAOLEX, the legislative database of the Food and Agriculture Organization (FAO) of the United Nations.

China REACH was effective October 15, 2010 and repealed PEANCS 2003. Issued by the Ministry of Environmental Protection (MEP), it is administered by the Chemical Registration Center (CRC). Much of the language and many of the provisions are patterned after REACH in the European Union.

Scope of China REACH 2010
  “New” chemical substances, i.e. those that are not listed in the Inventory of Existing Chemical Substances (IECSC)
  Chemical substances used as raw materials and intermediates of pharmaceuticals, pesticides, veterinary medicines, cosmetics, food, food additive, feed additive
  Chemical substances intentionally released from articles in their normal use
  Chemical substances produced, imported, processed or used in the People’s Republic of China, including bonded areas and export processing areas
MEP regulation of new chemical substances
  Producer/importer must submit a notification prior to the production or import of the substance
  The notifier must be an institution registered in China
  CRC must issue a registration certificate before the substance can be produced, imported, processed or used (about 80 to 90 days)
  Registration certificate for the substance will indicate its registered purpose, quantity grade, risk management category and the risk control measures required by the MEP
  Registrant must file first activity report within 30 days of first production or delivery of the substance
  CRC will follow the substance for a five-year period during which the registrant must file annual reports and a final report of actual activity
  Substances are listed in the IECSC five years after the date of first production or import
Three types of notification, based on annual tonnage

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Regular notification – one tonne annually or more
  Includes material safety data sheet (MSDS), safety classification, precautionary labeling/statements, hazard assessment, environmental and health risks,  exposure scenarios and risk control methods
  Requires test reports of physicochemical, toxicological and eco-toxicological properties, including eco-toxicological testing conducted in China on a Chinese test species
  Four "quantity grades" have increasing testing requirements: 1 tonne (Grade 1), 10 tonnes (Grade 2), 100 tonnes (Grade 3) and 1,000 tonnes (Grade 4)
  Must file a new notification if quantify grade increases

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Simplified notification - less than one tonne annually
  Requires a simplified notification form and eco-toxicological testing conducted in China on a Chinese test species

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Filing notification – less than 0.1 tonne annually used for scientific research (or eco-toxicological testing on a Chinese species)
  Submit filing form only
Three "management categories" for new chemical substances
s General – hazardous properties in substance are below specified values (or haven’t been found yet)
s Hazardous – substance contains physicochemical, human health or environmental hazard properties above specified values
s Priority environmental management – substance is persistent, bio-accumulative and hazardous to human health or the environment
  Must follow "major risk control measures" such as discharge monitoring during production, processing and use; appropriate delivery equipment to prevent accidents; hazardous waste disposal provisions
  Must file delivery report within 30 days of each delivery to a customer
  Must file new notification if registered purpose changes
Publication of records
  Notifier may request confidentiality for business and technical secrets
  Information involving hazards to human health or environmental safety may not be kept confidential
  MEP will post all certificates of registration on its website, as well as the "registration contents” of regular notifications
  Registrant must keep notification and actual production records for at least 10 years
This summary of China REACH is designed to provide you with an accurate, easy-to-understand overview of the topic. However:
s We have not attempted to cover the implementation issues that need to be addressed at your company or in your supply chain. For this type of assistance, please email or call us at 972-679-8996 to inquire about our services.
s This summary does not constitute legal advice. The actual standard in the original language should be reviewed and used for all business, legal, and product compliance purposes.

and does not constitute legal advice. The actual standard in the original language should be reviewed and used for all business, legal, and product compliance purposes.

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