By Weisin Chai
On June 27, 2014, Taiwan’s Ministry of Labor (MOL) amended the Rules on Labelling and Hazard Communication of Dangerous and Harmful Materials through MOL Document No. 10302007861. The regulation has been renamed as the Dangerous and Harmful Chemicals Labelling and Hazard Communication Rules. The Dangerous and Harmful Chemicals Labelling and Hazard Communication Rules are enacted in accordance to Article 10 Paragraph 3 of the Occupational Safety and Health (OSH) Act and they have been effective since July 3, 2014.
One of the significant changes in this amendment is in regards to data protection in the Safety Data Sheets (SDSs). To file for data protection, in addition to information required in the original regulation, i.e. the document for proof of national security or business trade secrets, the measures taken for the protection of national security or business trade secrets and the assessment of economic interests of the applicants and their competitors, one additional requirement has been added in the amendment – the explanations and supporting documents for hazard classifications of hazardous chemical compositions in the product.
The substances with the following classifications, which are classified according to the Chinese National Standards (CNS) 15030, are not eligible for data protection:
- Acute toxicity, Categories 1, 2 and 3
- Skin corrosion/irritation, Category 1
- Serious eye damage/eye irritation, Category 1
- Respiratory/Skin sensitization
- Germ cell mutagenicity
- Reproductive toxicity
- Specific target organ toxicity – single exposure, Category 1
- Specific target organ toxicity – repeated exposure, Category 1
Other changes in the amendment include the definition of “Dangerous” and “Harmful” substances. Annex 1 in the previous regulation has been removed and is no longer included in the definition of Dangerous and Harmful substances. “Dangerous” substances are substances that create physical hazards, while classified under the CNS 15030 on Classification and Labelling of Chemicals. “Harmful” substances create health hazards when classified under CNS 15030.
In addition, the original definition of “Supplier”, which included the exporters and importers, has been changed. Also, to align with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), “Materials Safety Data Sheets (MSDS)” are renamed as “Safety Data Sheets (SDS).”
While the original regulation did not specify the language mandated for SDSs, the amended regulation requires both labels and SDSs to be prepared in Chinese. However, other languages may also be used as a supplement.
Dangerous and Harmful Chemicals Labelling and Hazard Communication Ruleshttp://laws.ilosh.gov.tw/ioshcustom/Web/Law/Detail?id=41
Occupational Safety and Health (OSH) Act http://laws.ilosh.gov.tw/ioshcustom/Web/Law/Detail?id=99
Chinese National Standards (CNS) 15030 on Classification and Labelling of Chemicals http://www.cnsonline.com.tw/?node=search&locale=zh_TW