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Page SPECIAL EDITION Wednesday March 15 The important aspects of the new act HAZARDOUS PRODUCTS ACT The Hazardous Products Act de fines hazardous controlled pro ducts Here are the pertinent sections CLASSES OF CONTItOLLED PRO DUCTS Interpretation In this part ACGIH means the American Conference of Governmental Indust rial Hygientsts acute lethality means death of animals Immediately or within days after a single administration of or exposure to a toxic substance aerosol container means a dis posable container designed to release pressurized contents by means of a manually operated valve which forms an integral part of the con tainer ASTM means the American Society for Testing and Materials chronic toxic effect means an adverse effect to the health of a per son or test animal that develops a over time following a single ex posure to a toxic substance or from prolonged or repeated ex posure to a toxic substance under conditions that do not produce that effectfrom single exposure dust means solid airborne par ticles that are mechanically gener ated flame projection means the ig nited discharge of the pressurized contents of an aerosol container flashback means that part of a flame projection that extends from its point of ignition back to the aerosol container flash point means the minimum temperature at which a liquid gives off vapor in sufficient concentration to Ignite in test circumstances fume means solid particles in the air that are generated by conden sation from the vapor of a solid ma terial IARC means the International Agency for Research in Cancer mist means liquid droplets sus pended in the air that are produced by the dispersion of a liquid or by the condensation of a vaporized liquid means the National As sociation of Corrosion Engineers normal atmospheric pressure means an absolute pressure of kilopascals atmosphere at 20 OECD means the Organization for Economic Cooperation and De velopment OECD Test Guideline means a test published In the Standard entitled OECD Guidelines for Testing of Chemicals respiratory tract sensitization means the development in a person who is not atopic of severe asthma like symptoms on exposure to a sub stance to which the person has been exposed skin sensitization means an munologicallymediated cutaneous reaction in a person who is not atopic or in an animal that is not atopic on exposure to a substance to which the person has been exposed statistically significant means shown by statistical procedures to have a high probability of being due to something other than chance vapor means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure Manner of Establishing Classifica tion For the purpose of estab lishing that a product material or substance is included in a class listed in Schedule of the Act or falls into a division of a class the supplier shall use subject to subsection a results from testing that he has carried out with respect to the pro duct material or substance in accor dance with sections to as applic able or b evaluation and scientific judg ment based on test results with re spect to i the product material or sub stance or ii where appropriate a product material or substance that has simi lar properties For the purpose of establishing that a product material or substance is or Is not included in Class D Poi sonous and Infectious Material the supplier may use Information of which the supplier is aware or ought reasonably to be aware in place of the critieria set out in subsection Where the test results referred to In paragraph are results from studies the studies shall have been carried out in accor dance with a the applicable Test Guideline referred to In this part and where there are no tests carried out In accordance with the applicable Test Guidelines referred to In this part one of the following tests or methods in the case of a 90day test or a chronic test a test or method de scribed in Food and Drug Admi nistration FDA guidelines or Environmental Protection Agency EPA guidelines as published in the Federal Register and amended from time to time in the case of a test for skin or eye irritation the Test as de scribed in volume of The Journal of Pharmacology and Experimental Therapeutics dated 1944 at pages 377 to 390 in the case of a test for tera togenicity a test or method described in Principles for the Testing of Drugs for Teratogenicity Technical Report Series Number publishedTn by the World Health Organization iv in the case of a test for mutagen icity a test or method described by the US Environmental Protection Agency EPA in Proposed Guide lines for Registering Pesticides in the US Hazard Evaluation Human and Domestic Animals as published in volume 43 of the Federal Register 163 dated at pages to37 or v any other test or method that is carried out in accordance with gener ally accepted standards of good sci entific practice at the time the test is carried out CLASS A COMPRESSED GAS 34 Any product material or sub stance contained under pressure in cluding compressed gas dissolved gas or gas liquefied by compression or refrigeration that has any of the following characteristics shall be in cluded in Class A Compressed Gas listed In Schedule II to the Act a a critical temperature of less than SO an absolute vapor pressure gre ater than kilopascals atmo spheres at SO C 122 F c an absolute pressure in the cylin der or other pressure vessel in which it is packaged greater than 275 plus minus 271 plusminus atmospheresat 211 C or plusminus 2 plusminus atmospheres at C or in a liquid state an absolute vapor pressure exceeding 275 kilo pascals atmospheres at 378 degrees Celsius 100 as deter mined by the Standard Test Method for Vapor Pressure of Petroleum Products Reid Method ASTM D323B2 dated Aug 27 CLASS B FLAMMABLE AND COMBUSTIBLE MATERIAL 1 The products materials and substances referred to in sections 36 to shall be included in Class B Flammable and Combustible Ma terial listed in Schedule to the Act 2 Divisions to 6 are established as divisions of Class B Flammable and Combustible Material listed in Sche dule to the Act Division Flammable Gases 36 Any product material or sub stance falls into Division I of Class Flammable and Combustible Ma terial if it is a compressed gas in cluded in Class A Compressed Gas that at normal atmospheric pres sure forms a flammable mixture with air a when In a concentration of 13 per cent or less by volume or over a concentration range of at least per cent by volume- Division 2 Flammable Liquids Any product material or sub stance falls into Division of Class B Flammable and Combustible Ma terial if it is a liquid that has a flash point of less than C 100 when tested in accordance with the applic able method specified in Schedule IV for that type of liquid Division Combustible Liquids 38 Any product material or sub stance falls into Division 3 of Class B Flammable and Combustible Ma terial if It Is a liquid that has a flash point of or more but less than 933 C 200 when tested in accordance with the applicable method specified in Schedule for that type of liquid Division Flammable Solids Any product material or sub stance falls into Division of Class B Flammable and Combustible Ma terial if it Is a solid that a causes fire through friction or through retained heat from manu facturing or processing b can be ignited readily and when ignited burns so vigorously and per sistently as to create a hazard c ignites readily and burns with a selfsustained flame at rate of more than centimetre inch per second along Its major axis when tested in accordance with the method set out in Schedule V or Is included in Division of Class of Fart III of the Transportation of Dangerous Goods Regulations Division 5 Flammable Aerosols Any product material or tub- stance falls into Division 5 of Class and Combustible Ma terial if it Is packaged in an aerosol container and when tested in accor dance with the method set out in Schedule yields a flame projec tion at full valve opening or a flush- back at any degree of valve opening 6 Reactive Flammable Materials Any product material or sub stance falls into Division of Class B Flammable and Combustible Ma terial if a it is spontaneously combustible and liable to spontaneous heating under normal conditions of use or li able to heat in contact with air to the point where it begins to burn or b it emits a flammable gas or be comes spontaneously combustible on contact with water or water vapour CLASS C OXIDIZING MATERIAL Any product material or sub stance shall be included in Class Oxidizing Material listed in Sche dule II to the Act If a it causes or contributes to the combustion of another material by vielding oxygen or any other oxidiz ing substance whether or not the pro duct material or substance is itself combustible or it is an organic peroxide that contains the bivalent structure CLASS D POISONOUS AND IN FECTIOUS MATERIAL 43 1 The products materials and substances referred to in sections to 64 shall be included Iff Class Poi sonous and Infectious Material listed in Schedule to the Act 2 Divisions 1 to 3 are established as divisions of Class D Poisonous and Infectious Material listed In Sche dule the Act Subdivisions A and B are estab lished as subdivisions of Divisions and 2 of Class Poisonous and In fectious Material listed in Schedule II to the Act 4 A gas included in Division of Class 2 Part III of the Transporta- Dangerous Goods Regulations does not fall into Division 1 or Divi sion 2 of Class Poisonous and In fectious Material Formulae for Equivalent 50 44 For the purpose of establishing that a product material or substance falls into Division 1 of Class Poi sonous and Infectious Material an SO that is obtained in an animal assay at an exposure duration of other than four hours may be con verted to an 50 equivalent to an exposure duration of four hours by using the following formulae a for a gas or vapor See graph Evaluation of Mix tures SO and 50 Data Subject to subsection where the or of every ingredient of a mixture present at a concentration of one per cent or more is the 50 or 50 of the mixture shall be determined taxing into account all ingredients present at a concentration of one per cent or more by using the following formu lae See graph 2 Subject to subsection where the or LC of one or more ingredients of a mixture is not known the LD or 50 or the mixture is equal to the or LC of the most acutely lethal ingredient that is pre sent in the mixture at a concentration of one per cent or more and for which SO or 50 data is available 3 The LD 50 or of a mixture may be determined by testing the mixture Division Materials Causing Imme diate and Serious Effects Subdivision A Very Toxic Material Pure Substances and Tested Mix tures Acute Lethality 46 A pure substance or tested mix ture falls into Subdivision A of Divi sion 1 of Class D Poisonous and Infectious Material if in an animal assay for acute lethality it has an a 50 not exceeding milli grams per kilogram of bodyweight of the animal when tested In accordance with OECD Test Guideline No 401 Acute Oral Toxicity dated May 1981 b SO not exceeding 200 milli grams per kilogram of bodyweight of the animal when testing In accor dance with OECD Test Guideline No Acute Dermal Toxicity dated May 12 1981 c so not exceeding 2500 parts per million by volume of gas when tested for four hours in accordance with Test Guideline No Acute InhalaUon Toxicity dated May 12 SO not exceeding parts per million by volume of vapor when tested for four hours in accordance with OECD Test Guideline No Acute Inhalation Toxicity dated May 12 1981 and a saturated vapor concentration at normal atmospheric pressure greater than two times the value of that or LC SO not exceeding milli grams per litre or milligrams per cubic metre of dust mist or fume when tested for four hours in accor dance with OECD Test Guideline No 403 Acute Inhalation Toxicity dated May Poisonous Substances as Defined by the Transportation or Dangerous Good Regulations A pure substance or tested mix ture falls into Subdivision A of Divi sion 1 of Class Poisonous and In fectious Material if it is included in Division 3 of Class 2 or in Packing Group I or II of Division I of Class in Part III of the Transportation of Dangerous Goods Regulations Untested Mixtures An untested mixture falls into Subdivision A of Division I of Class D Poisonous and Infectious Material if it contains a product material or substance that meets any of the criteria applicable to a pure sub stance or tested mixture referred to in section o 47 and is present at a concentration of one per cent or more Subdivision Toxic Material Pure Substances and Tested Mix tures Acute Lethality A pure substance or tested mix ture falls into Subdivision B of Divi sion of Division of Class D Poi sonous and Infectious Material if in an animal assay for acute lethality It has an a 50 of more than but not exceeding 500 milligrams per ki logram of of the animal when tested in accordance with OECD Test Guideline No Acute Oral Toxicity dated May b LD of more than but not ex ceeding 1 milligrams per kilo gram of of the animal when tested In accordance with OECD Test Guideline No Acute Dermal Toxicity dated May c LC of more than but not exceeding 2500 parts per volume of vapor when tested for four hours in accordance with Test Guideline No Acute Inhalation Toxicity dated May 1981 and a saturated vapor concentration at normal atmospheric pressure of more than 04 times the or d 50 of more than 05 but not exceeding 25 milligrams per litre or grains per cubic metre of dust mist or fume when tested for four hours in accordance with OECD Test Guide line No Acute Inhalation Tox icity dated May 1981 Poisonous Substances as Defined by the Transportation of Dangerous Goods Regulations 50 A pure substance or tested mix ture falls Into Subdivision B of Divi sion I of Class D Poisonous and In fectious Material if it is included in Packing Group III of Division of Class 6 hi Part III of the Transporta tion of Dangerous Goods Regulations Untested Mixtures 51 An untested mixture falls into Subdivision of Division l of Class Poisonous and Infectious Material If it contains a product material or substance that meets any of the criteria applicable to a pure sub stance or tested mixture referred to in section 49 or 50 and is present at a concentration of one per cent or more Division 2 Material Causing Other Toxic Effects Subdivision A Very Toxic Material Pure Substances and Tested Mix tures Chronic Toxic Effects A pure substance or tested mix ture falls into Subdivision A of Divi sion 2 of Class D Poisonous and In fectious Material if In an animal assay for chronic toxic effects it eli cits a response of sufficient severity to threaten life or cause serious per manent impairment in a statistically significant proportion of the test po pulation at a a dose not exceeding milligrams per kilogram of of the LC 50 at Y hours hours 50 at hours and 2 for dust mist or fume 50 at hours x hours 50 at hours Note Y actual number of hours of exposure duration a for a solid or 1 a liquid proportion of ingredient A ingredient A ur dust mist or fume proportion of ingredient A ingredient A the weight of the ingredient proportion of ingredient B proportion of last ingredient LDSOof mixture for a gas vap 1 SO of last ingredient B proportion of ingredient B LCSOof last ingredient B vided by the weigh SO of last ingredient proportion of last ingredient mixture Note proportion last ingredient of the mixture