Decision is Needed re: Old CAS-ON-AICS Advice

From: Hazmat & Environment Notes Jan-Feb-March 2022

Editor: For several decades Australian businesses have collected and filed (many will be in old paper files in your physical  filing systems) CAS-ON-AICS signed statements and hopefully highlighted as e.g. “ON-AICS” on your Product database where the CAS No.s in your Products were entered.

An action decision is needed about updating your “ON-AICS” information to an updated and easily accessible database with the information required by the Industrial Chemicals (General) Rules, should the Australian Industrial Chemicals Introduction Scheme ask your business for this compliance information.

The old CAS-ON-AICS signed Statements management process fully ceases on the 31 Aug 2022.

The original collection of these CAS-ON-AICS signed Statements was a major activity and took several years to put in place starting around 1997 and from then, such sign-off information was added for products as needed.

The General Rules now require that the CAS No.s and Chemicals information (for chemicals that are on the Australian Inventory of Industrial Chemicals (AIIC) be available within 40 working days.

Record-Keeping Obligations for Inventory-Listed chemicals

www.industrialchemicals.gov.au/business/reporting-and-record-keeping-obligations/record-keeping-obligations-inventory-listed-chemicals

Industrial Chemicals Act and Rules (relevant parts)

Act: 25 Listed Introductions

An introduction of an industrial chemical by a person is authorised by this section if:

(a) the industrial chemical is listed on the Inventory; and

(b) the introduction is in accordance with the terms of the Inventory listing.

Rules: Ch4, Part 2 Record Keeping for Listed Introductions

2/ CAS Number & Name for the industrial chemical is

Not known: Both (i) & (ii) are required:

(i) the names by which the industrial chemical is known to the person, or the names of all products containing the industrial chemical that are imported into Australia by the person; and

(ii) a written undertaking from the chemical identity holder that the CAS name and CAS number (if assigned) for the industrial chemical will be provided to the Executive Director, if requested, within 40 working days after the day the request is made;

3/ Records to demonstrate that the industrial chemical is being introduced or used in accordance within a defined scope an Assessment (where this exists) for the industrial chemical;

4/ Records to demonstrate conditions relating to the introduction or use of the industrial chemical are being complied with;

5/ Records to demonstrate that specific requirements to provide information to the Executive Director are being met.

Act: www.legislation.gov.au/Details/C2021C00493/Download

Rules: www.legislation.gov.au/Series/F2019L01543

Editor: Obtaining a written undertaking from the chemical identity holder may be several businesses up a supply chain with significant admin time to achieve a result!

Editor: The administrative costs to create (and maintain, at least within 2 years, or annually) this database of the Written Undertakings from the chemical identity holders is a very time expensive cost, even if eventually automated, to the degree that some are considering to only do this, within the 40 working day time frame, when requested by AICIS.

 

Background:

This problem in the Industrial Chemicals Rules (that includes Cosmetic chemicals) came into place when the NICNAS Regulations were updated with new legislation in 2019/2020.

https://www.industrialchemicals.gov.au/about-us/industrial-chemicals-law-australia

The original discussions prior to the legislation being finalised did not highlight to industry the detailed level of information that was going to be required for all the industrial chemicals under the previous NICNAS Regulations, where we have already collected the previous CAS-ON-AICS signed off information over the last 25 years.

The Part of the Industrial Chemicals Act 2019, No. 12, 2019 that covers this is:

Division 3—Record keeping and information gathering
102 Information required to demonstrate categorisation
(1) A person contravenes this subsection if:
(a) the person introduces an industrial chemical during a registration year; and
(b) the rules prescribe a requirement for the purposes of this paragraph relating to information that a person must, or must not, have regard to in determining the category of the introduction; and
(c) the requirement is not complied with.

The Note above is from page 9 (print version) in my current Hazmat & Env Notes Jan to Mar 2022, that I emailed out on Wednesday 6th April 2022.