Consultation on Guidance for Preparing Safety Data Sheets According to the Globally Harmonized System of Classification and Labelling of Chemicals for Pest Control Products in Canada

Pest Management Regulatory Agency
16 December 2016

Summary

Table of Contents

• 1.0 Introduction
• 2.0 Background
• 2.1 Safety Data Sheets and Pest Control Products
• 2.2 SDSs and Labels
• 2.3 Basic Obligations
• 2.4 SDS Information and GHS Hazard Classification
• 3.0 SDS Guidance to Registrants
• 3.1 Making SDSs Available to Workplaces
• 3.2 International SDSs
• 3.3 WHMIS 2015 Consistent SDSs
• 3.4 Basic Contents of an SDS
• 3.4.1 16-Section SDS
• 3.4.2 Label Reference
• 3.4.3 Consistency with the Label
• 3.4.4 Length
• 3.4.5 Page Numbering
• 3.4.6 Language
• 3.4.7 Missing Information
• 3.4.8 Numbers and Quantities
• 3.5 Updating an Existing SDS and Date of Issue
• 3.6 No Pre-Market Review of SDSs
• 3.7 Use of Software to Create SDSs
• 3.8 Implementation of the Guidance
• 4.0 Next Steps

1.0 Introduction

This consultation document, produced by Health Canada’s Pest Management Regulatory Agency (PMRA), invites comments on the following guidance for registrants of pest control products on the expected format and content of GHS-consistent^{footnote 1} Safety Data Sheets (SDSs) for registered pest control products in Canada.

This guideline is intended for the voluntary adoption and use by all registrants with a pest control product registered in Canada. SDSs are primarily for use by workers (for example, handlers, warehouse workers, agricultural workers, pre- and post- application workers, and vendors) in workplaces involved in pest control product application and handling. Registrants should keep this audience in mind when writing an SDS. However, registrants should also take into account that SDSs are commonly used by emergency responders (including health professionals), consumers, and those involved in the transportation of dangerous goods.

The PMRA invites the public to submit written comments up to 45 days from the publication of this consultation document. Please forward all comments to PMRA Publications. (See Section 4.0, Next Steps, for more information.)

2.0 Background

2.1 Safety Data Sheets and Pest Control Products

SDSs (previously called “material safety data sheets” or MSDSs) are an important part of communicating the hazards associated with pest control products and other chemicals. The SDS format found in Table 1.5.2 of the Globally Harmonized System (GHS) of classifying and labelling of chemicals^{footnote 2} has become the international standard format for SDSs used in workplaces, with some modifications for each regulatory jurisdiction.

This document aims to help registrants prepare SDSs according to the GHS format and classification system. This will in turn support compliance with any eventual regulatory requirements for SDSs under the Pest Control Products Act to be established in the future.

2.2 SDSs and Labels

The approved pest control product label (the label), under the Pest Control Products Act, needs to be followed at all times and in cases where there are any discrepancies between the approved label and an SDS for that product it is the label information that prevails. Note that labels approved under the Pest Control Products Act are not in the GHS.

2.3 Basic Obligations

To conform with this guideline, it is expected that:

• Registrants prepare bilingual (French and English) GHS-consistent SDSs for registered Commercial, Restricted, and Manufacturing class pest control products;^{footnote 3}

• Registrants who develop SDSs make them available to workers and workplaces, wherever pest control products are used, sold, stored, transported and handled in Canada; and to the Minister of Health on request;

• Generally, SDSs be made available through websites and by email, however some workplaces may require paper copies be provided to them; and

• SDSs indicate all hazards of the product using GHS-consistent classification.

At a minimum, registrants are expected to disclose ingredients on SDSs in the same manner as is required for labels.^{footnote 4} Registrants may further choose to list or group ingredients (see Section 3 of Appendix II for more information).

This guidance does not call for the creation of GHS-consistent SDSs for Domestic Class pest control products or to pest control products scheduled under the Pest Control Products Act and Regulations. However, there may be situations where registrants or suppliers may want to make an SDS available for Domestic Class or scheduled pest control products (for example, warehouse storage, consumer requests); in which case, they may wish to use this guidance.

2.4 SDS Information and GHS Hazard Classification

The GHS is an international standard for communicating chemical hazard information through labels and SDSs using a standardized 16‑Section SDS format (see Appendix I for the list of sections). The GHS label elements include signal words, symbols and hazard and precautionary statements. The GHS provides classification criteria for physical, health and environmental hazards associated with chemicals.

To be GHS consistent, pest control products are to be classified by hazard class in accordance with an accepted version of the GHS.^{footnote 5} Implementing the GHS classification system for SDSs should not require registrants to generate new data in order to derive a GHS classification. The current data needed to register a pest control product should be sufficient to populate the 16-section template.

3.0 SDS Guidance to Registrants

3.1 Making SDSs Available to Workplaces

Registrants are expected to make SDSs available to workers and workplaces wherever pest control products are manufactured, possessed, handled, stored, transported, imported, distributed or used in Canada. For the purposes of this document, “make available” includes distributing SDSs electronically and publishing them online. However, it is also expected that registrants provide paper copies to workplaces upon request. Consistent with the Pest Control Products Act definition, a “workplace” is a place where a person works for remuneration (that is, for pay/salary).

The SDS can be made available as an integrated bilingual document (for example, side by side), or as a document with two unilingual parts that constitute one bilingual SDS.

3.2 International SDSs

As GHS is an international standard and in use by other jurisdictions, an SDS produced for another country should only require minimal adaptation for use in Canada as a pest control product SDS. Jurisdictions where this minimal adaption should be possible for registered pest control product SDSs include the United States Occupational Safety and Health Administration (US OSHA) Hazard Communication Standard 2012 (HCS 2012) and the European Union Legislation on Classification, Labelling and Packaging of Chemicals in the GHS. For these cases, the adaptation would be adding the relevant information to Section 1: Identification, and Section 15: Regulatory Information as described in Appendix II.

Although sections 12 to 14 (ecological information, disposal considerations, and transport information) are not mandatory under the United States’ HCS 2012, registrants of pest control products may choose to include this information, if it is available.

3.3 WHMIS 2015 Consistent SDSs

An SDS that is consistent with the Workplace Hazardous Materials Information System (WHMIS 2015), that meets the requirements of the Hazardous Products Regulations, which were published in the Canada Gazette, Part II, on February 11, 2015, would be consistent with this guideline with minimal adaptation. To be consistent with this guideline, these SDSs only need to have the relevant information added to Section 1: Identification, and Section 15: Regulatory Information as described in Appendix II.

Although sections 12 to 14 (ecological information, disposal considerations, and transport information) are not mandatory under WHMIS 2015, registrants of pest control products may choose to include this information, if it is available.

Note that pest control products, as defined in subsection 2(1) of the Pest Control Products Act, are excluded from the application of the Hazardous Products Act (that is, pest control products are exempt from the supplier labelling and SDS requirements of the Hazardous Products Act and Regulations).

3.4 Basic Contents of an SDS^{footnote 6}

3.4.1 16-Section SDS

The information in the SDS is to be presented using the 16 sections outlined in Appendix I. Information on the required content for each of the 16 sections of the GHS-consistent SDSs is included in Appendix II.

3.4.2 Label Reference

All pest control product SDSs are to include a reference to the approved label as the label is the main document to be followed for safety, use, and handling. Section 15: Regulatory Information would be an appropriate section to indicate this information.

3.4.3 Consistency with the Label

As noted above, the existing hazard classification criteria for pest control products used on labels is a different system than the GHS. Appendix III to this document outlines the PMRA hazard class and the comparable GHS hazard class (or classes).

Differences between the approved label and the SDS hazard communications elements are to be described in Section 15: Regulatory Information. For example, a GHS label element in section 2 of the SDS could indicate the signal word and hazard statement “Warning, Harmful if swallowed” with the exclamation mark symbol inside a red square set at a point border shape; whereas the approved label may indicate “Caution” and “Poison” with the skull and crossbones symbol inside a black inverted triangle-shaped border.

If the label contains environmental hazard statements these should also be included in Section 15: Regulatory Information. For example, if the statement “Toxic to aquatic organisms” is used on the label, this should also be indicated on the SDS.

Other label differences in regulatory information (for example, disposal considerations) should also be included in Section 15: Regulatory Information.

However, to avoid duplication, if the relevant label information is included in one section of the SDS (for example, environmental label statements included in Section 12: Ecological Information) it does not also have to be included in Section 15: Regulatory Information.

3.4.4 Length

An SDS is not a fixed length document. The length of the SDS will be commensurate with the amount of information needed to clearly communicate the hazards and provide information on the safe storage, handling, first aid, precautionary and emergency response measures, and disposal of the product.

3.4.5 Page Numbering

All pages of an SDS are to be numbered and some indication of the end of the SDS should be given (for example: “page 1 of 3”).

3.4.6 Language

The language used in the SDS should be simple, clear and precise, avoiding jargon, acronyms and abbreviations as well as vague or misleading language such as “may be dangerous”, “no health effects”, “safe under most conditions of use”, or “harmless”.

3.4.7 Missing Information

If the information to be provided under sections 1 to 16 of the SDS is not applicable or is technically impossible to provide, the reasons for the absence of this information is to be clearly stated under the relevant section.

Additionally, the SDS is to clearly differentiate between cases where negative test results are available, cases where no information is available and cases where the information is not applicable. For example: under Section 10: Stability and Reactivity, item 5 (incompatible materials), if the pest control product is not reactive with any material, then it would be appropriate to indicate that this item is “not applicable”.

3.4.8 Numbers and Quantities

Numbers and quantities on an SDS are to be expressed in units appropriate to Canada. In general, the International System of Units (SI) is to be used.

3.5 Updating an Existing SDS and Date of Issue

Registrants are to revise their SDSs whenever new scientific, technical, health or safety information becomes available that will affect content, as well as when there are any changes in product registration and registrant information.

The date of issue of the SDS is to be indicated prominently (for example, on the cover page). The date of issue is the date the SDS version was made public. This generally occurs shortly after the SDS authoring and publishing process is completed. Revised SDSs are to indicate the date of latest revision of the SDS.

3.6 No Pre-Market Review of SDSs

SDSs are not part of the approved pest control product label and are not subject to pre-market approval by PMRA.

3.7 Use of Software to Create SDSs

In developing GHS-consistent SDSs, registrants may wish to use software such as the Canadian Centre for Occupational Health and Safety’s (CCOHS) CANWrite program. CANWrite has been designed to produce SDSs compliant with WHMIS 2015 and/or the United States Occupational Safety and Health Administration Hazard Communication Standard 2012, and can be adapted to accommodate pest control products. An example of a SDS in the GHS format can be found on the CCOHS website at http://www.ccohs.ca/products/canwrite/sample_canwrite_msds.pdf.

3.8 Implementation of the Guidance

Registrants with pest control products registered in Canada are encouraged to adopt and follow this guidance document from the date it is published.

4.0 Next Steps

The PMRA invites the public to submit written comments on this proposal up to 45 days from publication. Please forward your comments to PMRA Publications, and include:

• Your full name and organization;
• Your phone number; and,
• Your complete mailing address or email address.

The PMRA will consider all comments received before publishing the final guidance document on the Pesticides and Pest Management portion of the Health Canada website.

Comments or questions on this consultation or the proposed guidelines can also be directed to the Pest Management Information Service, by subject.