By Xunyao Fu, PhD.
On January 16, 2019, the amendment of Taiwan’s Toxic Chemical Substances Control Act (毒性化學物質管理法) was published and renamed the Toxic and Concerned Chemical Substances Control Act (毒性及關注化學物質管理法) by Presidential Order No. 10800005221.
Taiwan’s Toxic Chemical Substances Control Act (TCSCA) was originally promulgated on November 26, 1986 and has been amended six times since then.
The 2019 amendment – its 7th amendment – was first drafted in April 2017. The revision had been discussed and revised many times before it finally passed the third reading in the Legislative Yuan on December 21, 2018.
What is contained in this new amendment?
There are seven key aspects to this amendment:
- Introduction of a new category “Chemical Substances of Concern”: Regarding chemicals other than the toxic chemical substances controlled by this Act, depending on their hazardous properties, different levels of management need to be carried out.
- Addition of a new chapter (Chapter 5) on “Accident Prevention and Emergency Response”: The plan on Accident Prevention and Emergency Response needs to be sent to the competent authority for future reference when the regulated chemicals are handled. Professional responders should be appointed (by the enterprise) and trained in order to take necessary measures when an accident occurs.
- Creation of a “National Chemical Substances Management Board” for the purpose of cross-sectoral coordination of chemical substance risk assessment and management measures to promote integrated effectiveness.
- Establishment of a fund for toxic and concerned chemicals: The Environmental Protection Administration (EPA) is allowed to collect fees from people handling the regulated chemicals to contribute to adequate funding for source management of chemicals.
- Reducing the accident notification time from 1 hour to 30 minutes: The handlers of toxic and concerned chemical substances are required to notify the local competent authority when the environment surrounding the handling site is suspected to suffer pollution.
- Prohibition of selling or transferring toxic and concerned chemical substances by a method by which the buyer or transferee cannot be identified: The prohibited methods include but are not limited to postal sales and transactions via electronic platforms.
- Introduction of new provisions to protect and reward whistleblowers (Articles 54 and 67) and to recover illegal income (Article 66).
When will the new Toxic and Concerned Chemical Substances Control Act take effect?
The majority of the Act will take effect one year after promulgation. More than 30 subordinate regulations under the Act will be issued or reviewed to implement the amendment.
The amendment expands the provisions of the Act from 44 articles to 75 articles; therefore, in addition to the above changes, the Act has been revised extensively.
It is important to read through the whole Act to understand the changes. Currently, only the version in Traditional Chinese is available.
- Read through the Act to understand all of the changes;
- Watch for the amendments of the subordinate legislation.
Never Miss an Update!
UL’s global Regulatory Assurance Team contains more than 50 regulatory analysts worldwide, serving customers in six continents, with multi-lingual support in more than 30 languages. Our team can help you navigate the complex, ever changing regulatory landscape to understand and execute your compliance obligations.
For all of the latest regulatory news and the most important industry updates, sign up to our fortnightly Regulatory Round-Up Newsletter.
- Taiwan Drafts Amendment on Toxic Chemical Substances Control Act (TCSCA) – a Comparison to EU REACH
- Taiwan Conducts Public Hearing Session on Toxic Chemical Substances Control Act (TCSCA) Draft Amendment
EPA News on the promulgation of Toxic and Concerned Chemical Substances Control Act, January 16, 2019. (Source is only available in Traditional Chinese)
Toxic and Concerned Chemical Substances Control Act (毒性及關注化學物質管理法) (Source is only available in Traditional Chinese)
Taiwan, Toxic and Concerned Chemical Substances Control Act, Toxic Chemical Substances Control Act, TCSCA