Response to Comments on Proposed Code of Practice for 2-Butanone, oxime (Butanone oxime)
The chemical 2-Butanone, oxime (Butanone oxime) is from Batch 7 of the Challenge and this substance has met the criteria for paragraph 64 (c) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The table below compiles the summary of public comments received on the Proposed Code of Practice for 2-Butanone, Oxime (Butanone Oxime) Associated with the Interior Application of Consumer Alkyd Paint and Coating Products. For more information on this substance, refer to the Chemical Substances in Batch 7 of the Challenge web page.
Comments on the proposed Code of Practice were received from: Behr, Canadian Consumer Specialty Products Association (CCSPA), Canadian Paint and Coatings Association (CPCA), Dow Chemical Canada ULC and the Valspar Corporation.
A summary of comments and responses is included below organized by topic:
| Topic | Comment | Response |
|---|---|---|
| Overarching | In general, there was support expressed for the code. | The Government of Canada acknowledges the comments. |
| Labels | Some existing product labels currently being used already address the subject of ventilation. As well, manufacturers should have the option under the Code of using either the recommended wording in the Code or "similar" language. | The Code was revised to address this comment. The labels of applicable products under the Code will now include text that reads "Use only in a well-ventilated area" (which is consistent with the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001)). In order to increase consumer awareness and understanding on how to achieve a well-ventilated area, during and following application of these products, a new consumer education component is incorporated into the final Code which allows industry flexibility in the language used to inform consumers. |
| There is a potential for conflicting labelling statements. The use of fans in connection with the application of products may not be advisable if the product contains other chemicals that present hazards beyond the potential health risk of butanone oxime. The ventilation statement on the labels of applicable products under the Code could be perceived as in conflict with a product's low-VOC claim and/or as a false environmental claim. |
The Code has been revised to address this concern. The Code no longer requires the label statement "OPEN WINDOWS OR BLOW AIR OUTDOORS WITH FAN". However, sample statements are now provided for the consumer education component of the Code. It is noted that certain statements should be avoided if they conflict with other product hazards (for example, a product that has flammable vapours may prevent the safe use of a fan). In such circumstances more appropriate statements should be used. | |
| Is there scope for a website to be referenced, in cases where there is insufficient room on the label, to provide more readable and comprehensive information to consumers? | A new consumer education component included in the Code indicates that industry may make information available to consumers using various means including: information posted on a website; information pamphlets; posters or similar media at the site of product purchase; or affixing a product label with information that does not contravene existing product labelling requirements. | |
| Applicability | How does the Code apply to existing product stock that does not comply with the Code? | It is not intended that current products be removed from the market. Rather, those who adopt the Code are asked to place the labelling statement on new stock to enter the market. |
| The exemption for marine products should be reconsidered. | Products intended for exterior application are excluded from the Code (but marine products are not specifically excluded). In the case of marine products, if the product may be applied in an interior setting, the intention is to have the label and consumer education recommendations outlined in the Code adopted. | |
| The Government of Canada should consider exemptions for products for personal use and research as well as for small volumes. | The Code is recommended for interior and dual use consumer alkyd paint and coating products, where consumer products are products that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes. The Code is not intended for products packaged in small containers that are in compliance with section 25(2) of the CCCR, 2001. | |
| Definitions | Clarifications and modifications were requested in various sections of the Code (for example, glossary, applicability, exclusions, best practices and label statements, record keeping and reporting). | The Code of Practice has been revised to address these comments. For example, the glossary and applications sections were clarified and a template for reporting has been added. |
| Declaration | Some questioned the value of a proposed declaration which required industry to inform Health Canada of their intention to adopt the Code. | The declaration section has been removed. The reporting section has been modified to outline specific information to be given to Health Canada by industry and a template for reporting has been incorporated. |
| Administrative burden | The "One-for-One" rule should be undertaken in same spirit as regulatory action | Unless incorporated into a regulation, non-regulatory control instruments such as Codes of Practice are not subject to the "One-for-One" rule as they are not "Regulations" according to this policy. As such, this Code doesn't trigger the "One-for-One" obligations. However, the administrative burden has been considered and the declaration section has been removed from the Code. |
| Risk management approach | The Code should refrain from creating unique requirements and align with the requirements under CCCR, 2001. | The recommendations in the Code are aligned with the CCCR, 2001. The requirements of the Code are not intended for products packaged in small containers that are in compliance with section 25(2) of the CCCR, 2001. |
| This risk management action is precedent setting regarding labelling statements for consumer products. This approach is unique and may present challenges if adopted for other multiple chemical substances in the future. | The intent of this Code is to promote best practices for labelling and consumer education regarding ventilation for indoor alkyd paint products containing 2-butanone oxime. As the Chemicals Management Plan moves forward, the risk management process will continue to apply a systematic approach to identify and assess the level of risk and to prioritize, act on and communicate these risks to the public. This will include consideration and use of all relevant federal Acts and available risk management tools on a case by case basis, where appropriate. A review of progress is to take place five years after the Code is published. |
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| Risk management via labelling for consumer products should be done under the Canada Consumer Product Safety Act (CCPSA) and not under the Canadian Environmental Protection Act, 1999 (CEPA 1999). | The CCPSA has a well-established regulatory approach under the CCCR, 2001 for consumer chemical products, such as paints and coatings. However, not all of the products of interest would meet the classification and labelling criteria under the CCCR, 2001. A Code of Practice under CEPA 1999 was determined to be the appropriate tool as it allows for:
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