Re-evaluation Note REV2022-02, Update on the Special Review of Pentachlorophenol

Pest Management Regulatory Agency
4 October 2022
ISSN: 1925-0649 (PDF version)
Catalogue number: H113-5/2022-2E-PDF (PDF version)

Table of contents

Update on the special review of pentachlorophenol

Pursuant to subsection 17(2) of the Pest Control Products Act, Health Canada's Pest Management Regulatory Agency (PMRA) initiated a special review of all registered pest control products containing pentachlorophenol, based on regulatory decisions to prohibit all uses due to human health and environmental concerns from Switzerland, New Zealand, the European Commission and Japan.

Based on the information from Switzerland, New Zealand, the European Commission and Japan, Health Canada identified the following aspects of concern relating to environment and human health:

Environment

Human health

Background

Pentachlorophenol is registered as a heavy duty wood preservative in Canada. It is used only at wood preservation facilities for the treatment of railway ties, utility poles and piling and outdoor construction materials.

The Proposed Special Review Decision PSRD2020-03, Special Review of Pentachlorophenol and Its Associated End-use Products Consultation Document underwent a 45-day consultation periodFootnote 1 and proposed cancellation of all uses of pentachlorophenol. Prior to completing the special review decision, the sole registrant of products containing pentachlorophenol notified Health Canada of their intention to discontinue the sale of all registered products and requested a one-year phase-out period. Health Canada has determined that the risks from exposure to pentachlorophenol, under the current conditions of use, are not expected to be imminent and serious over a one-year phase-out period. Therefore, all products containing pentachlorophenol (Appendix I) are cancelled in accordance with subsection 22(3) of the Pest Control Products Act. Based on this, the special review of pentachlorophenol is closed.

Health Canada is publishing this Re-evaluation Note as an update to inform the public of the cancellation of all products containing pentachlorophenol, pursuant to subsection 22(3) of the Pest Control Products Act, and the reasons for the phase-out period.

Regulatory status of products containing pentachlorophenol

The registrant of products containing pentachlorophenol notified Health Canada of their intention to discontinue the sale of all products containing pentachlorophenol and requested a one-year phase-out period to exhaust existing stocks of products in Canada with users (in other words, wood treatment facilities). Consequently, Health Canada has cancelled the registrations of products containing pentachlorophenol, effective 4 October 2022, in accordance with subsection 22(3) of the Pest Control Products Act.

Where risks of concern are not considered imminent and serious, a phase-out period may be implemented to deplete existing stocks of a cancelled product in Canada. In this case, Health Canada has determined that the risks of pentachlorophenol, under the current conditions of use, are not expected to be imminent and serious over a one-year phase-out period for the following reasons:

Environment

Human Health

Therefore, continued possession, handling, storage, and use of existing stock in Canada at the time of cancellation of these products will be authorized under paragraph 21(5)(a) of the Pest Control Products Act during the phase-out period following the schedule below:

During the one-year phase-out period, the manufacture and sale in Canada or import into Canada of these cancelled products containing pentachlorophenol used to treat wood is prohibited.

The registrant is required to continue to provide any incident reports in the manner set out in the Pest Control Product Incident Reporting Regulations and all obligations under those regulations continue to apply during the phase-out period as if the product was registered. In the event a situation arises that requires immediate action by Health Canada, the above phase-out period and conditions may be amended, or the product may be subject to a recall or seized and disposed of in accordance with 21(5)(b) or (c) of the Pest Control Products Act.

The registrant is required to continue to provide a sales report in a manner consistent with section 3 and for the purposes of section 8 of the Pest Control Products Sales Information Reporting Regulationsfor each pest control product, as if the product was registered. This condition is in effect until all reports relevant to the 2022 calendar year have been submitted.

Wood treated with pentachlorophenol:

Information Note – Treated Articles (September 2022) provides regulatory requirements for articles that have been treated with pesticides.

Appendix I Cancelled products containing pentachlorophenol

Table 1 – Cancelled products containing pentachlorophenol
Registration number Marketing class Registrant Product name
22024 Technical KMG-Bernuth Inc. KMG Technical Penta Blocks
26110 Commercial KMG-Bernuth Inc. Dura Treat 40
28838 Commercial KMG-Bernuth Inc. KMG Penta Blocks

Footnote

Footnote 1

"Consultation statement" as required by subsection 28(2) of the Pest Control Products Act.

Return to footnote 1 referrer

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