The current Act prescribes that household chemical products subject to safety assurance shall be declared to or approved by the Minister of Environment. However, a lack of follow-up regulations means that there are no provisions concerning declarations and approvals of changes to matters that have been previously declared or approved.

Moreover, despite a growing demand for the public’s right to access information on household chemical products, the Act only prescribes grounds on which to disclose information on biocidal substances and products and does not contain provisions to allow the disclosure of information on household chemical products.

Accordingly, the Amendment prescribes provisions concerning declarations and approvals of changes to household chemical products subject to safety assurance. It also newly inserts grounds on which to disclose information on household chemical products, prescribes matters concerning the application for approval submitted by persons appointed by offshore manufacturers, and otherwise streamlines the system.

Details

A. Newly insert a system for declarations and approvals of changes to household chemical products subject to safety assurance; and prescribe that where changes are made to matters that were previously declared or approved, the changes shall be declared to or approved by the Minister of Environment (Article 10, paragraphs 5 and 7)

B. Protect the public’s right to access information on household chemical products by requiring the disclosure of the product name, main components, and other information on household chemical products subject to safety assurance that have been declared to or approved by the Minister of Environment (Article 10-2)

C. Allow a prohibition of sale or other such measures to be taken against any biocidal substance that has not been approved or that has been manufactured or imported in a manner that differs from those that have been approved (Article 35)

D. Allow an administrative fine to be imposed instead of a penalty for any minor non-compliance with labeling requirements, such as a simple, non-deliberate misdescription (Article 60)

E. Clarify transitional provisions for products of risk concern by prescribing that where safety and labeling requirements have been met under the former Act on Registration, Evaluation, etc., of Chemicals, the products shall be construed as having been assured and declared in accordance with the safety requirements pursuant to this Act for a period of three years from the date of compliance, and that non-compliance with the safety and labeling requirements may be regulated in accordance with this Act (No. 15511, Addenda to Articles 2 and 3)

Require any person who intends to manufacture or import household chemical products subject to safety assurance to declare or obtain approval for any changes made to matters that have been declared or approved (Article 10, paragraphs 5 and 7)

Add to the scope of prohibition of the manufacture/import of household chemical products subject to safety assurance cases where a household chemical product subject to safety assurance that does not meet the safety requirements is manufactured or imported, and cases where a household chemical product subject to safety assurance is manufactured or imported without declaring or obtaining approval for changes (Article 11, paragraph 1, subparagraphs 1 and 6 newly inserted)

Add to the scope of prohibition of sale, donation, or display for the same purpose any biocidal substance, etc., that has not obtained a substance approval, etc. (Article 35, paragraph 1, subparagraph 2)

Obligate persons who have obtained approval for a household chemical product subject to safety assurance, etc., to comply with safety controls and other requirements (Article 36-2)

Add to the scope of matters to be recorded and retained by manufacturers and importers of household chemical products subject to safety assurance (Article 49, paragraph 1, subparagraph 6)