Consumer Chemicals and Containers Regulations, 2001

Consumer Chemicals and Containers Regulations, 2001 Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Consumer Chemicals and Containers Regulations, 2001. R.S., c. 24 (3rd Supp.), s. 1 Definitions The definitions in this subsection apply in these Regulations. acid reserve means the quantity of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of a liquid acidic product, or 100 g of an acidic product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05. (réserve acide) Act[Repealed, SOR/2011-24, s. 1] alkali reserve means the quantity of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of a liquid basic product, or 100 g of a basic product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid or its equivalent. (réserve alcaline) aspiration means the entry of a liquid or solid chemical product directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea or lower respiratory system. (aspiration) chemical product means a product used by a consumer that has the properties of one or more of the following: a toxic product; a corrosive product; a flammable product; or a quick skin-bonding adhesive. It does not include any of the following: a product described in any of paragraphs (a) to (d) if it is not possible for a user to be exposed to the product or to any of its hazardous ingredients during reasonably foreseeable use; a portable petroleum container that conforms with CSA B306 or CSA B376; a lighter; a fire extinguisher that conforms with ULC-S503, ULC-S504, ULC-S507 or ULC-S512; or a container of fuel, such as gasoline, ethanol or propane, if the container is permanently attached to an internal combustion engine, a gas turbine or an appliance that uses the fuel. (produit chimique) complex mixture means a combination of chemicals that has a generic name that is not a trade name and is a substance of natural origin; a fraction obtained by a physical separation process from a substance of a natural origin; or a chemical modification of a substance of natural origin or of a fraction obtained by a physical separation process from a substance of natural origin. (mélange complexe) container means a Category 5 pressurized container that is or is likely to be used by a consumer, including an empty container, as described in Part 5; an empty container that is destined for use by a consumer to store or dispense a chemical product; or any other container that is or is likely to be used by a consumer to store or dispense a chemical product. (contenant) corrosive product means a chemical product that is capable of inducing necrosis or ulceration of epithelial tissue; is capable of causing an erythema or edema of the skin, corneal or iris damage or conjunctival swelling or redness; or is identified in Part 2 as a Category 2 corrosive product. (produit corrosif) display surface means the portion of the surface area of a container on which the information required by these Regulations can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a container. (aire d’affichage) dust means solid airborne particles that are mechanically generated. (poussière) first aid statement means a list of the hazardous ingredients in the chemical product; and a statement of the first aid treatment to be administered to anyone who has come into contact with a chemical product, such as through ingestion, absorption or inhalation, or information that may be helpful to someone who is assisting that individual. (énoncé de premiers soins) flame projection means the flame resulting from the ignition of a chemical product discharged from a spray container when tested in accordance with the procedure set out in Schedule 1. (projection de la flamme) flammable product means a chemical product that is capable of spontaneous combustion; becoming flammable when in contact with air; or having a flash point below 60°C or a flame projection greater than 15 cm or exhibiting a flashback. (produit inflammable) flashback means the part of a flame projection that extends from the point of ignition back towards the spray container when a chemical product is tested in accordance with the procedure set out in Schedule 1. (retour de flamme) flash point means the minimum temperature at which a substance gives off a vapour in sufficient concentration to ignite under test conditions. (point d’éclair) fume means solid particles in the air that are generated by condensation from the vapour of a solid material. (fumée) fumes, in the context of the information that must be displayed on a container, means a vapour or a fume or both that may be given off by a chemical product under normal conditions of use or storage. (émanations) good scientific practices means for the development of test data, conditions and procedures similar to those set out in the OECD Test Guidelines; for laboratory practices, practices similar to those set out in the OECD Principles of Good Laboratory Practice; and for human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques) hazard category means a category into which a chemical product or container is classified, in particular: Category 1, toxic products set out in Part 1; Category 2, corrosive products set out in Part 2; Category 3, flammable products set out in Part 3; Category 4, quick skin-bonding adhesives set out in Part 4; and Category 5, pressurized containers set out in Part 5. (catégorie de danger) hazard symbol means a pictograph and its frame as set out in Schedule 2. (pictogramme de danger) hazardous ingredient means a pure chemical product; an ingredient present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that is a chemical product, the supplier believes on reasonable grounds may be harmful to humans, has toxicological properties that are not known to the supplier, or derives from a reaction between precursor constituents and the hazards associated with the chemical product are not known to the supplier; or a complex mixture present in a chemical product in a concentration of 1% or more that is taken into consideration when classifying the product and that the supplier believes on reasonable grounds may be harmful to humans, or has toxicological properties that are not known to the supplier. (ingrédient dangereux) human experience data means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from exposure to a chemical product; or the reasonably foreseeable use of a chemical product or container by a consumer, including, in particular, the consumption of the product by a child. (données de l’expérience humaine) LC50 means the concentration of a substance in air that, when administered by means of inhalation over a specified length of time in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (CL50) LD50 means the single dose of a substance that, when administered by a defined route in an animal assay, is expected to cause the death of at least 50% of a defined population of animals. (DL50) main display panel means the part of the display surface that is displayed or visible under normal conditions of sale to the consumer. It includes in the case of a rectangular container, the largest side of the display surface; in the case of a cylindrical container, the larger of the area of the top, or 40% of the area obtained by multiplying the circumference of the container by the height of the display surface; in the case of a bag, the largest side of the bag; and in the case of any other container, the largest surface of the container that is not less than 40% of the display surface. (aire d’affichage principale) manufacturer includes a packager and a labeller. (fabricant) mist means droplets of liquid suspended in air that are produced by the condensation of a vapourized liquid or by the dispersion of a liquid by a spray container. (brouillard) mixture means a combination of two or more products, materials or substances that do not undergo a chemical change as a result of their interaction. (mélange) National Standard means a standard recognized by the National Standards System of the Standards Council of Canada. (norme nationale) normal atmospheric pressure means an absolute pressure of 101.324 kPa at 20°C. (pression atmosphérique normale) official languages means the English and French languages. (langues officielles) person responsible[Repealed, SOR/2016-170, s. 1] quick skin-bonding adhesive means a Category 4 adhesive set out in Part 4 that has properties similar to an alkyl cyanoacrylate adhesive and that is capable of bonding skin with skin instantly or nearly instantly. (adhésif qui colle rapidement la peau) responsible person means the manufacturer, in the case of a chemical product or container that is manufactured in Canada; and the importer, in the case of a chemical product or container that is imported. (responsable) single-use container means a non-reclosable container whose contents are to be used in their entirety immediately after the container is opened. (contenant à usage unique) spray container means a container that permits the dispersal of its contents in the form of a mist and includes a pressurized container and a pump-spray container. (contenant pulvérisateur) sub-category means one of the following classifications within a hazard category in which a chemical product may be classified, in particular: in the case of a Category 1 toxic product, “very toxic”, “toxic” and “harmful”; in the case of a Category 2 corrosive product, “very corrosive”, “corrosive” and “irritant”; and in the case of a Category 3 flammable product, “spontaneously combustible”, “very flammable”, “flammable” and “combustible”. (sous-catégorie) toxic product means a chemical product that is capable of causing a lethal effect on a human; is capable of causing a serious and irreversible but non-lethal effect on a human, such as a depressed level of consciousness, muscular weakness or paralysis, acute renal or hepatic failure, arrhythmia, hypotension, dyspnea, respiratory depression, pulmonary edema or optic neuritis; or is identified in Part 1 as a Category 1 toxic product. (produit toxique) vapour means the gaseous form of a substance that is found in a solid or liquid state at normal atmospheric pressure. (vapeur) Table of standards and tests A standard or test set out in column 2 of the table to this subsection is referenced in these Regulations, in the provision set out in column 3, by means of the short form set out in column 1. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (17) (11) (12) (16) (13) (14) (15) (18) (19) (20) (21) The numbers in parentheses that follow the item numbers indicate the corresponding item number in the French version. Interpretation of “should” Where the word “should” is used in a standard or test referenced in these Regulations it is to be read as imperative, unless the context requires otherwise. Units of measure The symbol set out in column 1 of the table to this subsection represents the unit of measure set out in column 2. Concentration In these Regulations, unless otherwise specified, when a concentration of a substance is expressed as a percentage, the percentage represents the ratio of the weight of the substance to the weight of the chemical product. Vaping products These Regulations do not apply to vaping products as defined in section 2 of the Tobacco and Vaping Products Act. Exceptions — importation to bring into compliance or to export A person may import a chemical product or container that does not comply with a requirement of these Regulations for the purpose of bringing the product or container into compliance with the requirement; reselling the product or container to a manufacturer in Canada who will bring it into compliance with the requirement; or exporting the product or container to another country. Credible evidence A person who imports a chemical product or a container for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance with these Regulations or is being exported, as the case may be. [Repealed, SOR/2009-165, s. 3] Determination by responsible person The responsible person, using one or more of the applicable properties, data sources or test procedures set out in section 6 or Parts 1 to 5, must determine the hazard categories of the chemical product or container and, if applicable, its appropriate sub-categories; the type of container that is required; and the information that is required to be displayed on the container. Multiple hazard categories If a chemical product and its container fall into more than one hazard category, its container must display the information that is required for every applicable hazard category. Multiple sub-categories Subject to subsection (4), if a chemical product falls into more than one sub-category within a hazard category, the responsible person must classify the product in the sub-category that represents the greatest hazard within each applicable hazard category. Multiple sub-categories — flammable products If a chemical product falls into both the sub-category “spontaneously combustible” and another sub-category in the hazard category “Category 3, flammable product”, it must be classified in both sub-categories. Multiple routes of exposure The container of a chemical product to which an individual may be exposed by more than one route of exposure must display the required information for each route of exposure. Documents The responsible person must prepare and maintain all documents relating to the determinations required under subsection 4(1) and keep the documents for a period of at least three years after the day on which the chemical product or container is manufactured in Canada or the day on which it is imported; and within 15 days after receipt of a request from an inspector, provide the documents to the inspector. Precedence of data sources The responsible person must determine the hazards arising from the reasonably foreseeable use of the chemical product or container from one or more of the following data sources in the following order of precedence: human experience data pertaining to the product or container; data, set out in peer-reviewed, scientific literature, from tests conducted using the product in accordance with the OECD Test Guidelines; if tests using the product have not been conducted in accordance with the OECD Test Guidelines, the peer-reviewed results of tests conducted with the product in accordance with these Regulations, a National Standard or an international standard recognized by the Standards Council of Canada, or a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, the peer-reviewed results of tests conducted with a chemical product that has properties similar to those of the product under examination, in accordance with OECD Test Guidelines, a generally accepted procedure that accorded with good scientific practices at the time the tests were conducted, or other current, peer-reviewed information about the product; if the hazards associated with the product cannot be estimated from information referred to in paragraphs (a) to (c), data with respect to the hazards associated with the hazardous ingredients, or a chemical product that has properties similar to those of the product under examination; or the results of tests conducted by the responsible person in accordance with a test methodology that conforms with good scientific practices. Differing data sources In the case of differing data sources, an original literature source must be used in preference to literature that refers to the original study; and a source that reports test results that conform with good scientific practices and that disclose the greatest hazard must be used. Leakage test A container of a liquid chemical product must pass the leakage test described in Schedule 3 or an equivalent test. Single-use containers A single-use container must display, in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement: “USE ENTIRE CONTENTS ON OPENING.” “UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE.” Applicable standard A child-resistant container must be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or meet the child test protocol requirements of one of CSA-Z76.1, ISO 8317 or 16 CFR 1700.20 or a standard that is at least equivalent. Maintain characteristics A child-resistant container must, when in contact with a chemical product, maintain its child-resistant characteristics throughout the useful life of the product. Evaluation The responsible person, using good scientific practices, must evaluate the compatibility of the chemical product with its child-resistant container, to determine that the chemical or physical properties of the product will not compromise or interfere with the proper functioning of the container; and the physical wear and stress factors and the force required for opening and closing the container, to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container. Directions to open and close Subject to subsection (2), a child-resistant container that meets the requirements of paragraph 9(b) must display directions explaining how to open and, if applicable, to close the container on the closure, using either or both of words that comply with sections 17 to 19, or a diagram or self-explanatory symbol that complies with paragraph 17(b) and section 18; or on the container, located after the positive instructions for the chemical product and set out in a manner that complies with requirements for a positive instruction in sections 17 to 19, subsection 24(1) and sections 25, 29 and 30. Exception The directions for opening and, if applicable, closing a child-resistant container may be set out on the closure in only one official language if they are repeated on the container in the other official language in the manner set out in paragraph (1)(b). The responsible person must prepare and maintain documents containing the following information and must keep those documents for a period of at least three years after the day on which the child-resistant container is manufactured in Canada or the day on which it is imported: for a container that comes into direct contact with the chemical product, the specifications critical to the child-resistant characteristics of the container, which specifications must include the physical measurements within which the container retains its child-resistant characteristics, if applicable, the torque that must be applied to open or close the container, and the compatibility of the container and its closure system with the chemical product that is to be put into it; and the test results that demonstrate that the container and its closure system comply with the requirements of a standard set out in paragraph 9(b). Inspector’s request The responsible person for a chemical product that is required by these Regulations to be packaged in a child-resistant container must provide an inspector with any of the documents that the inspector requests within 15 days after the day on which the request is received. Child-resistant, single-use containers A child-resistant, single-use container must display, in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26, the following primary hazard statement: “USE ENTIRE CONTENTS ON OPENING. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED.” “UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N’EST PLUS UN CONTENANT PROTÈGE-ENFANTS.” Exception — large container The requirements for child-resistant containers set out in sections 9 to 13 do not apply to a container with a capacity greater than 5 L, other than the container for a chemical product that is classified in one of the following: the hazard category “Category 4, quick skin-bonding adhesives”; or the sub-category “very corrosive”. [Repealed, SOR/2011-24, s. 3] Containers and packaging Subject to section 16, the information required by these Regulations must be displayed in the manner set out in these Regulations on each container that is displayed to the consumer, other than in an advertisement; and on any packaging of a container that is displayed to the consumer, including a display card to which a container may be fixed. Adaptation For the purpose of the application of paragraph (1)(b), the requirements for the display of information on a container apply to the display of information on the container’s package having regard to the size of the package. Additional information Information in addition to that required by these Regulations may be displayed on a container if it does not disclaim or contradict the required information. Exemption — packaging Packaging is exempt from the requirements of paragraph 15(1)(b) if the packaging is transparent and the required information displayed on the container is legible through the packaging, and the transparent packaging does not obscure any of the required information on the container; or is not transparent and encloses a container and a product that is not subject to these Regulations, or two or more containers that have different information requirements, and displays the following signal word and primary hazard statement, or a statement to the same effect, in the manner set out in sections 17 to 20 and 23, subsections 24(1) and (3) and sections 25, 26 and 28: “CAUTION. CONTAINS PRODUCTS THAT MAY BE HARMFUL. READ WARNINGS ON EACH CONTAINER.” “ATTENTION. CONTIENT DES PRODUITS QUI PEUVENT ÊTRE NOCIFS. LIRE LES MISES EN GARDE SUR CHAQUE CONTENANT.” Exemption — packaging not customarily displayed Packaging that is not customarily displayed to the consumer, such as a shipping carton, is exempt from the requirements of paragraph 15(1)(b). Languages, legibility and durability The information required by these Regulations to be displayed on a container must be displayed in both official languages; and clear and legible and remain so throughout the useful life of the chemical product, or in the case of a refillable container, throughout its useful life, under normal conditions of transportation, storage, sale and use. Colour contrast The colour contrast between the information and the background must be equivalent to at least a 70% screen of black on white. Print — general rules If the information is set out in words, they must be printed in a standard sans serif type that is not compressed, expanded or decorative; and as illustrated in Schedule 4, has a large “x-Height” relative to the ascender or descender of the type. Measurement of height of type The height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”. Print — upper-case letters The following information must be printed in upper-case letters the signal word, the primary hazard statement, and the specific hazard statement; and in bold-faced, upper-case letters, the titles “FIRST AID TREATMENT” and “PREMIERS SOINS”. Hazard symbol — reproduction The hazard symbol must be an exact reproduction of the applicable symbol depicted in Schedule 2, except with respect to size and colour. Hazard symbol — minimum diameter The hazard symbol must, when the main display panel has the area set out in column 1 of the table to this section, have a diameter at least as large as that set out in column 2. Alternatively, this diameter may be calculated by multiplying the square root of the area in cm2 of the main display panel by 1.95. Signal word — height The height of the signal word must be at least one quarter of the minimum diameter of a hazard symbol determined in accordance with section 22. Other information — height and body size Subject to subsection (3), when the main display panel has an area set out in column 1 of the table to this subsection, the following information must be in type that is at least the height set out in column 2 and at least the body size set out in column 3: the primary hazard statement; the specific hazard statement; the negative and positive instructions; and the titles “FIRST AID TREATMENT” and “PREMIERS SOINS”. First aid statement — height and body size Subject to subsection (3), the first aid statement, except for the titles “FIRST AID TREATMENT” and “PREMIERS SOINS”, must be in type that has a minimum height of 2 mm and a minimum body size of 6 points. Exception — quick skin-bonding adhesive In the case of a quick skin-bonding adhesive referred to in Part 4, when the main display panel of the container has an area set out in column 1 of the table to this subsection, the primary hazard statement, the titles “FIRST AID TREATMENT” and “PREMIERS SOINS” and the first aid statement must be in type that is at least the height set out in column 2 and at least the body size set out in column 3. Location and order The information required by these Regulations must be displayed on the container at the following locations and in the following order: on the main display panel, a hazard symbol, the signal word “EXTREME DANGER”, “DANGER” or “CAUTION”, as the case may be, and the primary hazard statement; and on any part of the display surface, the specific hazard statement, negative instructions, positive instructions, and the first aid statement. Exemption — small container Despite subsection (1) and subject to Part 4, if the main display panel of a container has an area of less than 35 cm2, only the hazard symbol and the signal word need be displayed; or 35 cm2 or more but less than 70 cm2 and more than one hazard symbol is required, the required negative and positive instructions, other than the positive instructions referred to in subsection 11(2), may be omitted. Location of hazard symbol, signal word and primary hazard statement The information referred to in paragraph 25(1)(a) must be located as follows: below the common name or brand name of the chemical product; centred parallel to and near the base of the main display panel; and subject to subsection (3), immediately below one another. Base of collapsible tube For the purpose of paragraph (1)(b), the base of the main display panel of a collapsible tube is the end from which the chemical product is discharged. Exception — short, wide containers If the main display panel has a height that is less than 10 cm and a width that is at least twice the height, the signal word may be located immediately beside the hazard symbol instead of below it. Multiple hazard symbols If more than one hazard symbol is required, the symbols must be grouped immediately beside each other in a row parallel to the base of the container. Precedence among signal words If these Regulations require that more than one signal word be displayed on a container, only the signal word that discloses the greatest hazard must be displayed on the container. Location of specific hazard statement, instructions and first aid statement The information referred to in paragraph 25(1)(b) must be left justified; and enclosed within a border that demarcates the information from other information displayed on the display surface. Border The border referred to in paragraph 29(b) may include a series of dots or hatched lines, a difference in colour or shading of the background or some other graphic device; must be different from any other border on the label; and must comply with paragraph 17(b) and section 18. First aid statement — order of information The first aid statement must set out the following information in the following order: the title “FIRST AID TREATMENT” and “PREMIERS SOINS”; the words “Contains” and “Contient”; a list of the hazardous ingredients in the chemical product, in the manner set out in section 32, in descending order of their proportions; and the required statements of first aid treatment. Hazardous ingredients A hazardous ingredient referred to in paragraph 31(c) must be identified by its chemical identity; or in the case of a complex mixture, by its generic name. Data sources The responsible person for a toxic product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence: human experience data pertaining to the toxic product; in the case of a toxic product that contains a substance of special concern, the table to subsection 34(1); in the case of a toxic product that poses a risk of exposure through an oral, a dermal or an inhalation route, the LD50 or LC50 or both, as the case may be, of the product as determined in accordance with the applicable table to subsections 34(2) to (4) and the data sources and formulas set out in sections 35 to 37; or in the case of a toxic product that poses an aspiration hazard, the properties set out in subsection 34(5). Sub-categories — substance of special concern A chemical product that contains a substance of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must, when introduced through a route of exposure set out in column 3, be classified in the sub-category set out in column 4. These substances are of special concern because standard animal tests may not reflect the actual hazard they pose to humans. Sub-categories — oral exposure A chemical product that poses a risk to a consumer through an oral route and has an LD50 set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2. Sub-categories — dermal exposure A chemical product that poses a risk to a consumer through a dermal route and has an LD50 set out in column 1 of the table to this subsection must be classified in the sub-category set out in column 2. Sub-categories — inhalation exposure A chemical product that poses a risk to a consumer through inhalation, is in the state set out in column 1 of the table to this subsection and has a 4-hour LC50 set out in column 2 must be classified in the sub-category set out in column 3. Sub-category — aspiration hazard A chemical product must be classified in the sub-category “toxic” if it has a viscosity of 14 mm2/s or less at 40°C and 10% or more of the product is composed of hazardous ingredients that pose an aspiration hazard, including, in particular, any of the following substances: an n-primary alcohol with a composition of at least 3 carbon atoms but not more than 13; an isobutyl alcohol; a terpene alcohol; a ketone with a composition of at least 3 carbon atoms but not more than 13; a hydrocarbon with a composition of at least 3 carbon atoms but not more than 13; or a substance that has been determined to be an aspiration hazard based on its viscosity, surface tension and water solubility through the application of generally accepted standards of good scientific practices. The responsible person for a toxic product must determine, from one or more of the following data sources in the following order of precedence, its toxicity or, in the case of a mixture that separates, the toxicity of each layer of the mixture: the LD50 or LC50 or both, as the case may be, of the product or of the layer as determined by the peer-reviewed results of acute toxicity tests using the product on animals, which tests were conducted in accordance with the OECD Test Guidelines for acute toxicity testing; if tests on animals using the product have not been conducted in accordance with the OECD Test Guidelines for acute toxicity testing, the LD50 or LC50 or both, as the case may be, of the product or of the layer as determined by peer-reviewed results of acute toxicity tests of the product or the layer, which tests were conducted on animals in accordance with a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, if the product is a mixture that does not separate, section 36, peer-reviewed results of tests of a chemical product or a substance that has similar properties to those of the product or of the layer under examination, which tests were conducted on animals in accordance with OECD Test Guidelines for acute toxicity testing, a generally accepted procedure that conformed with good scientific practices at the time the tests were conducted, or other current, peer-reviewed information about the product or the layer; or the LD50 or LC50 or both, as the case may be, of the product or of the layer as determined by the results of tests conducted with the toxic product by the responsible person in accordance with a test methodology that conforms with good scientific practices. an original literature source must be used in preference to a literature source that refers to the original study; and Mixture that separates In the case of a mixture that separates, the toxic product must be assigned the LD50 or LC50 or both, as the case may be, of the most toxic layer. Definition of mixture that separates In this section, mixture that separates means a chemical product in a liquid or semi-liquid state that separates into two or more distinct layers if left standing undisturbed for a period of 30 days at 20oC. Additivity formulas — LD50 or LC50 of mixtures The LD50 or LC50 of a mixture may be determined from the LD50 or LC50 of its ingredients that are present in a concentration of 1% or more, using one of the following additivity formulas, as the case may be: for a solid or a liquid represents the LD50 of the mixture, represent the LD50 of each ingredient that is present in a concentration of 1% or more, and represent the proportion by weight of each ingredient that is present in a concentration of 1% or more; or for a gas, vapour, dust, mist or fume represents the LC50 of the mixture, represent the LC50 of each ingredient that is present in a concentration of 1% or more, and represent the proportion by weight of each ingredient that is present in a concentration of 1% or more. Complex mixture For the purposes of the additivity formulas set out in subsection (1), “ingredient” includes a complex mixture. When LD50 or LC50 of ingredient is not known but can be estimated When the LD50 or LC50 of one or more ingredients present in a chemical product in a concentration of 1% or more is not known, the responsible person may, in the additivity formulas set out in subsection (1), use an estimated LD50 or LC50 determined in accordance with good scientific practices. When LD50 or LC50 of ingredient is not known and cannot be estimated When the LD50 or LC50 of one or more ingredients present in a chemical product is not known and cannot be estimated from information referred to in paragraph 35(1)(b) or (c), the responsible person, in the additivity formulas set out in subsection (1), must substitute for the LD50 or LC50 of the ingredient, the LD50 or LC50 of the most toxic known ingredient that is present in the product at a concentration of 1% or more. Conversion to a 4-hour LC50 An LC50 obtained during a duration of exposure of other than four hours must be converted to an LC50 equivalent to a duration of exposure of four hours by using one of the following formulas, as the case may be: for a gas or vapour represents the LC50 of the mixture for a duration of exposure of four hours, represents the LC50 of the mixture for a duration of exposure of y hours, and represents the actual duration of exposure expressed in hours and must be no greater than 10 hours; or for a dust, mist or fume represents the actual duration of exposure expressed in hours and must be no greater than 10 hours. Prohibition The manufacturing, importation, advertising or sale of a chemical product that is classified in the sub-category “very toxic” under section 33 is prohibited. Required information — sub-category “toxic” The container of a chemical product that is classified in the sub-category “toxic” under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. Oral or aspiration Dermal Inhalation CONTENTS HARMFUL or, if only the vapour or fume poses a hazard: FUMES HARMFUL CONTENU NOCIF ÉMANATIONS NOCIVES Oral and contains 1% or more methyl alcohol and a total quantity of 5 mL or more All Use only in a well-ventilated area. Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator.]. N’utiliser que dans un endroit bien aéré. Porter [Insert description of the specific safety equipment relevant to the hazard, e.g., un masque, un respirateur.]. FIRST AID TREATMENT Contains [name of hazardous ingredients in descending order of proportion]. If swallowed, call a Poison Control Centre or doctor immediately. PREMIERS SOINS Contient [name of hazardous ingredients in descending order of proportion]. En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin. If in eyes or on skin, rinse well with water. If on clothes, remove clothes. En cas de contact avec les yeux ou la peau, bien rincer avec de l’eau. En cas de contact avec les vêtements, enlever ceux-ci. Required information — sub-category “harmful” The container of a chemical product that is classified in the sub-category “harmful” under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. CONTENTS MAY BE HARMFUL FUMES MAY BE HARMFUL LE CONTENU PEUT ÊTRE NOCIF LES ÉMANATIONS PEUVENT ÊTRE NOCIVES [Repealed, SOR/2009-165, s. 12] Sub-category “toxic” Subject to subsection (2) and section 14, a chemical product that is classified under section 33 in the sub-category “toxic” must be in a child-resistant container that complies with sections 9 to 13. Exceptions — spray container and single-drop dispenser Subsection (1) does not apply to a chemical product classified under section 33 in the sub-category “toxic” that is in a spray container that cannot be opened and that disperses the product as a mist; or a container that dispenses only one drop of the product at a time, and displays the following primary hazard statement in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26: “THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN.” « CE CONTENANT N’EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS. » The responsible person for a corrosive product must determine the appropriate sub-category for the product from one or more of the following data sources in the following order of precedence: subject to subsection (2), human experience data for the corrosive product; the table to subsection 42(1), in the case of a corrosive product that contains a substance of special concern; one or more of the following sources in the following order of precedence, in the case of a corrosive product that contains one or more acids or one or more bases: the data sources set out in paragraph 6(1)(b), (c) or (e), or the pH and, if applicable, the acid reserve or the alkali reserve of the corrosive product as set out in the tables to subsections 42(2) and (3), determined using the test methods set out in section 44; the table to subsection 42(4), in the case of a corrosive product that contains a substance, other than an acid or a base, that is capable of inducing necrosis or ulceration of epithelial tissue at the site of application determined using the data sources set out in subsection 43(1); or subsection 42(5), in the case of a corrosive product that contains a substance, other than an acid or a base, that is capable, when tested using the appropriate test methods set out in subsection 43(2), of causing any of the following at the site of application: an erythema or edema of the skin graded at 2 or more, corneal damage graded at 2 or more, iris damage graded at 1 or more, or conjunctival swelling or redness graded at 2.5 or more. Classification using human experience data If the human experience data for a corrosive product demonstrates that the product is capable of causing an effect described in paragraph (1)(d), the product must be classified in the sub-category “corrosive”; or any of subparagraphs (1)(e)(i) to (iv), the product must be classified in the sub-category “irritant”. A chemical product that contains one or more of the substances of special concern set out in column 1 of the table to this subsection in a concentration set out in column 2 must be classified in the sub-category set out in column 3. Sub-categories — one or more acids A chemical product that contains one or more acids, is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the sub-category set out in column 3. a pH of not more than 1.0 a pH of more than 1.0 but not more than 3.0, and an acid reserve of 5.0 or more a pH of more than 1.0 but not more than 3.0, and an acid reserve of 3.0 or more but less than 5.0 a pH of more than 1.0 but not more than 3.0, and an acid reserve of 10.0 or more a pH of more than 1.0 but not more than 3.0, and an acid reserve of 5.0 or more but less than 10.0 Sub-categories — one or more bases A chemical product that contains one or more bases, is in the state set out in column 1 of the table to this subsection and has the properties set out in column 2, as determined under section 44, must be classified in the sub-category set out in column 3. a pH of 13.0 or more a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 5.0 or more a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 5.0 a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 5.0 but not less than 3.0 a pH of less than 13.0 but not less than 11.0, and an alkali reserve of 10.0 or more a pH of less than 13.0 but not less than 12.0, and an alkali reserve of less than 10.0 a pH of less than 12.0 but not less than 11.0, and an alkali reserve of less than 10.0 but not less than 5.0 Sub-categories — substances causing necrosis or ulceration A chemical product that contains substances described in paragraph 41(1)(d) that are capable of causing necrosis or ulceration, in a total concentration set out in column 1 of the table to this subsection, must be classified in the sub-category set out in column 2. Sub-category — substances causing other effects A chemical product that contains substances that are capable of causing an effect described in paragraph 41(1)(e) in a total concentration of 5% or more must be classified in the sub-category “irritant”. Determination — necrosis and ulceration The capability of a substance in a corrosive product to induce necrosis or ulceration of epithelial tissue at the site of application must be determined from an applicable data source set out in paragraphs 6(1)(a) to (c) or (e). Determination — other effects The capability of a substance in a corrosive product to cause an erythema or edema of the skin, corneal or iris damage or conjunctive swelling or redness at the site of application, to the grade specified in paragraph 41(1)(e), must be determined from the applicable data source set out in paragraphs 6(1)(a) to (c) or (e), including the Draize Test; in the case of an erythema or an edema, OECD No. 404; and in the case of corneal or iris damage or conjunctive swelling or redness, OECD No. 405. Determination of the pH The responsible person for a corrosive product must determine the pH of the product by using good scientific practices that are in accordance with a procedure similar to that described in ASTM D 1293, from in the case of a product in the form of a liquid, the product as it is dispensed from its container; and in the case of a product in the form of a solid, paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a 10% aqueous solution of the product. Determination of acid reserve or alkali reserve The responsible person for a corrosive product must determine, where applicable, the acid reserve or the alkali reserve of the product by titrating, in accordance with the OECD Principles of Good Laboratory Practice, in the case of a product in the form of a liquid, a suitable aliquot of the product as it is dispensed from its container, and in the case of a product in the form of a solid, paste or gel, or in a form otherwise unsuitable for direct measurement of the pH, a suitable aliquot of a 10% aqueous solution of the product; and calculating in the case of an acidic product, the amount of an alkali, expressed in grams of sodium hydroxide, that is required to bring 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, to a pH of 4.00 ± 0.05, and in the case of a basic product, the amount of an alkali, expressed in grams of sodium hydroxide, that is neutralized when 100 mL of the product in the form of a liquid, or 100 g of the product in the form of a solid, paste or gel, is brought to a pH of 10.00 ± 0.05 by the addition of hydrochloric acid. Unstable end point If the end point of the titration referred to in subsection (2) is unstable and exhibits drifting, the pH end point reached within 30 seconds after the last addition of titrant is to be used as the effective end point for classification purposes. Conditions The manufacturing, importation, advertising or sale of a corrosive product that is classified in the sub-category “very corrosive” under section 41 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2. Product is in the form of a paste or a gel, is used for etching glass and its container displays the information set out in the table to subsection 46(1); and is child-resistant as required by section 47. Required information — sub-category “very corrosive” When a corrosive product classified in the sub-category “very corrosive” under section 41 has an information requirement under the table to section 45, the container of the product must display, for each type of information set out in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. Dermal and contains a concentration of 0.5% or more of available fluoride ions When appropriate and before the other negative instructions: Do not mix with [Insert description of other products that react with the chemical product, such as toilet bowl or drain cleaners, bleach or ammonia.].

Ne pas mélanger avec [Insert description of other products that react with the chemical product, such as des nettoyants pour cuvettes de toilette ou tuyaux d’évacuation, des agents de blanchiment ou de l’ammoniaque.]. Oral Eyes Handle with extreme care. Keep out of reach of children. Manipuler avec grand soin. Tenir hors de la portée des enfants. Wear [Insert description of the specific safety equipment relevant to the hazard, e.g., a mask, a respirator]. If swallowed, call a Poison Control Centre or doctor immediately. Do not induce vomiting. En cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin. Ne pas provoquer le vomissement. If on skin, rinse well with water. En cas de contact avec la peau, bien rincer avec de l’eau Required information — sub-category “corrosive” The container of a corrosive product that is classified in the sub-category “corrosive” under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. Handle with care. Manipuler avec soin. En cas de contact avec la peau, bien rincer avec de l’eau. Required information — sub-category “irritant” Subject to subsection (4), the container of a corrosive product that is classified in the sub-category “irritant” under section 41 must display, for each type of information specified in column 1 of the table to this subsection and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics. Eye Contains [name of hazardous ingredients in order of decreasing proportion]. Contient [name of hazardous ingredients in order of decreasing proportion]. Exception — another primary hazard statement The primary hazard statement set out in columns 3 and 4 of item 2 of the table to subsection (3) may be omitted when other provisions in these Regulations require another primary hazard statement to be displayed on the container. Sub-categories “very corrosive” and “corrosive” Subject to section 14, a corrosive product must be in a child-resistant container that complies with sections 9 to 13 if the product has been classified in accordance with section 41 in the sub-category “very corrosive” and is listed in the table to section 45; or in the sub-category “corrosive”. Data sources and tests The responsible person for a flammable product must determine the appropriate sub-category for the product in accordance with section 49 using human experience data or the results of tests conducted in accordance with the test methods set out in sections 50 to 52 and Schedule 1. Exemption A flammable product that is classified in the sub-category “combustible” is exempt from the requirements of this Part if it is composed of 50% or more of water and 50% or less of water-miscible solvent; and does not sustain combustion when tested in accordance with Test L.2. Sub-categories of hazard category “Category 3, flammable products” A flammable product described in column 1 of the table to this subsection must be classified in the sub-category set out in column 2. less than -18.0°C; -18.0°C or more but not more than 37.8°C; or more than 37.8°C but not more than 60.0°C has a flame projection of 100 cm or more; has a flame projection of 15 cm or more but less than 100 cm; or exhibits a flashback Flammable liquid in a refillable spray container In the case of a liquid flammable product in a refillable spray container, the responsible person must determine both the product’s flash point, in accordance with section 50, and its flame projection and flashback, in accordance with section 52; and classify the product in the most flammable sub-category of the applicable sub-categories as determined under items 3 and 7 of the table to subsection (1). Flash point — liquids A flammable product in the form of a liquid must be tested for its flash point in accordance with the following standards: for liquids that have a viscosity of less than 5.8 mm2/s at 37.8°C, ASTM D 56 or ASTM D 3828; and for liquids that have a viscosity of 5.8 mm2/s or more at 37.8°C, ASTM D 93. Flash point — solids, pastes and gels A flammable product in the form of a solid, paste or gel must be tested for its flash point in accordance with ASTM D 56. Flame projection and flashback — spray container A flammable product that is enclosed in a spray container must be tested for its flame projection and flashback in accordance with the procedure set out in Schedule 1. The manufacturing, importation, advertising or sale of a flammable product that is classified in the sub-category “very flammable” under section 48 is prohibited unless the product is set out in column 1 of the table to this section and meets the conditions set out in column 2. A product that exhibits a flashback, other than one that is a liquid that is classified in the sub-category “very flammable”; or described in paragraph 7(a) of the table to subsection 49(1). Required information — sub-category “very flammable” When a flammable product classified in the sub-category “very flammable” under section 48 has an information requirement under the table to section 53, the container of the product must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics. CONTENTS MAY CATCH FIRE or, when only the vapour or fume poses a hazard: FUMES MAY CATCH FIRE LE CONTENU PEUT S’ENFLAMMER LES ÉMANATIONS PEUVENT S’ENFLAMMER Keep away from flames, such as a pilot light, and any object that sparks, such as an electric motor. Tenir loin des flammes, telle une flamme pilote, et de tout objet produisant des étincelles, tel un moteur électrique. Required information — sub-category “flammable” The container of a flammable product that is classified in the sub-category “flammable” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3, other than the instructions set out in italics. Required information — sub-category “spontaneously combustible” The container of a flammable product that is classified in the sub-category “spontaneously combustible” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3. Materials such as rags used with this product may begin to burn by themselves. After use, put rags in water or lay flat to dry, then discard. Les matériaux, utilisés avec ce produit, tels les chiffons, peuvent s’enflammer spontanément. Après utilisation, mettre les chiffons dans l’eau ou les sécher à plat, puis les jeter. Required information — sub-category “combustible” The container of a flammable product that is classified in the sub-category “combustible” under section 48 must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3. Required instructions and first aid statement The container of a quick skin-bonding adhesive must display the instructions and first aid statement set out in section 56 in the manner set out in sections 17 to 20, 24, 25 and 29 to 32. Required information Subject to subsection (2), the container of a quick skin-bonding adhesive must display, for each type of information set out in column 1 of the table to this subsection, the information set out in columns 2 and 3. Eyelid bonding: see a doctor. Skin bonding: soak skin in water and call a Poison Control Centre. Do not force apart. Paupières collées : consulter un médecin. Peau collée : tremper dans l’eau et appeler un centre antipoison. Ne pas forcer pour décoller. Exception — main display panel less than 35 cm2 The container of a quick skin-bonding adhesive that has a main display panel of less than 35 cm2 need only display the information set out in columns 2 and 3 of items 2 and 5 of the table to subsection (1) in the height and body size of type set out in subsection 24(3). Child-resistant container Subject to subsection (2), a quick skin-bonding adhesive must be in a child-resistant container that complies with sections 9 to 13. Exception — child-resistant packaging Subsection (1) does not apply if the packaging that immediately encloses the container and that is displayed to the consumer is child-resistant and complies with sections 9 to 13. Application Subject to subsection (2), this Part applies to a pressurized container that contains or will contain a substance that, when in a liquid state, has an absolute vapour pressure greater than 275 kPa at 37.8°C as determined using ASTM D 323; or is or will be pressurized to an absolute pressure greater than 275 ± 1 kPa at 21.1°C or 717 ± 2 kPa at 54.4°C. Exceptions This Part does not apply to a pressurized container that complies with CSA B339. A pressurized container must display, for each type of information set out in column 1 of the table to this section, the information set out in columns 2 and 3. Do not puncture. Do not burn. Ne pas perforer. Ne pas brûler. [Repealed, SOR/2009-165, s. 17] [Repeal] Coming into force These Regulations come into force on October 1, 2001. This test is to be used to determine the flashback and the length of the flame projection of a flammable product enclosed in a spray container. The following apparatus is to be used in this test: a flammability tester, as illustrated in Figures 1 and 2 to the Schedule, that is constructed so that the spray container can be secured in place by means of a holding device, such as a three-pronged clamp affixed to a ring stand, in such a manner that the discharge from the spray container is in the horizontal plane, may include a remote control device by which the valve of a pressurized container can be activated, such as a side-pull, caliper-type bicycle hand brake, or the trigger or plunger of a pump-spray container can be pneumatically activated, as illustrated in Figures 3 and 4 to the Schedule, has a vertically mounted burner that has an inside diameter of 1.2 mm, has a Luer-Lock 16-gauge needle affixed to a metal tube or another suitable device, and is placed at a distance of 15 cm from the discharge orifice of the spray container, which distance is to be measured horizontally between the vertical planes of the discharge orifice and the burner orifice, and has two support frameworks, placed on the opposite side of the burner from the spray container, one at a distance of 15 cm from the burner and the other at a distance of 100 cm from the burner, each of which has an internal open space of 35 cm wide by 45 cm high, is constructed from metal or other non-flammable material, is mounted in a vertical plane perpendicular to the direction of discharge from the spray container, and is adjustable in the vertical plane; a cylinder of chemically pure grade propane fitted with a regulator capable of delivering pressure to the burner appropriate to maintaining a flame height of 5 cm; and loosely woven cotton fabric commonly referred to as cheesecloth that has, in the bleached state, a mass per unit area of not less than 35 g/m2 and not more than 65 g/m2. When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size: if shaking is applicable, shake and discharge the container three times in the manner described in paragraph 4(9)(a); or if shaking is not applicable, discharge the container three times in the manner described in paragraph 4(9)(b). When there are no instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size: without shaking the container, discharge it three times in the manner described in paragraph 4(9)(b); and shake and discharge the container a further three times in the manner described in paragraph 4(9)(a). A test must be conducted at a room temperature of 22 ± 2°C in the absence of air currents, with an allowance made for a clearance of 50 cm beyond the support framework that is set at a distance of 100 cm from the burner; and may be conducted in a fume hood with the exhaust fan turned off and the protecting door lowered. Any fume must be removed from the test area and any residue cleaned up after each discharge. Before testing, each spray container must be maintained at a temperature of 22 ± 2°C for at least four hours; and primed by in the case of a pressurized container, discharging the container for five seconds, and in the case of a pump-spray container, activating the trigger or pump using each of 18 N, 36 N and 54 N of force for each possible nozzle position until in the case of the “stream” position, a continuous stream is produced, and in the case of the “spray” position, a mist is produced. Install the first spray container in the holding device and ensure that the burner orifice is 15 cm from the discharge orifice of the spray container in the horizontal plane and 5 cm below it in the vertical plane and that the discharge orifice points in the direction of the burner. Adjust the burner to give a flame height of 5 cm and release a single trial discharge from the spray container. If the operation set out in subsection (5) does not produce a flame projection, lower the burner orifice by 5 cm and adjust the burner to give a flame height of 12 cm. Attach the cheesecloth to the flammability tester with bulldog clips or in any other manner so as to cover the entire internal space of the support framework set at a distance of 15 cm from the burner and verify that the cheesecloth is at a proper horizontal distance from the vertical plane of the burner orifice on the opposite side of the burner from the spray container. Adjust the height of the support framework so that the cheesecloth will intercept the line of flame projection. Prepare the spray container in accordance with the manufacturer’s instructions and if shaking is applicable, shake vigorously for five seconds, or for the period specified in the manufacturer’s instructions, install the spray container in the holding device, and 15 seconds after the cessation of shaking, release the discharge in accordance with subsection (10); or [Repealed, SOR/2009-165, s. 20] if shaking is not applicable, install the spray container in the holding device and release the discharge in accordance with subsection (10), allowing the spray container to stand for at least 60 seconds between discharges. Discharge the spray container in the case of a pressurized container, for five seconds or until the cheesecloth ignites; or in the case of a pump-spray container, for three sprays or until the cheesecloth ignites. In the case of a pump-spray container, repeat the procedure set out in paragraph (10)(b) for each of 18 N, 36 N and 54 N of force for each possible nozzle position. If the cheesecloth attached to the support framework that is set at a distance of 15 cm from the burner ignites, the remaining discharges referred to in section 3 must be carried out in accordance with subsections (1) to (11) using a new piece of cheesecloth attached to the support framework that is set at a distance of 100 cm from the burner. If at any time during the test the cheesecloth that is mounted at a distance of 100 cm from the burner is ignited, the length of the flame projection is 100 cm or more. If at any time during the test the cheesecloth that is mounted at a distance of 15 cm from the burner is ignited and, at all times during the test, the cheesecloth that is mounted at a distance of 100 cm from the burner remains unignited, the length of the flame projection is 15 cm or more but less than 100 cm. If at any time during the test the cheesecloth mounted at a distance of 15 cm from the burner is not ignited but there is a flame projection, the length of the flame projection is less than 15 cm. The following test results must be recorded and kept for a period of at least three years after the testing is carried out: the length of the flame projection in the case of a pressurized container, for each discharge, and in the case of a pump-spray container, for each discharge at each nozzle position and each force applied; a lack of flame projection resulting from any of the test discharges; and any flashback. The definitions in this section apply in this Schedule. seal, in respect of a container, means any device or membrane under the closure that covers the opening of the container, including any membrane that is part of the container, such as a heat induction seal or a sonic seal. It does not include a liner or a mechanism that is an integral part of the closure. (sceau d’étanchéité) test sample means in the case of a container of a chemical product, the container filled with the product in the manner in which it is sold to the consumer; or in the case of an empty container that is destined to receive a chemical product, the container filled with the product that it is destined to receive. (échantillon d’essai) Remove seal Except in the case of a single-use container, open the test sample; remove any seal that is present under the closure in accordance with the manufacturer’s instructions or, if no instructions are provided, puncture the seal; and reclose the sample as tightly as possible without stripping the threads of the closure. Bring to room temperature Place the test sample in a test location that has a constant temperature of 23 ± 2°C for at least four hours to permit the container and its contents to reach the temperature of the test location. Position of test sample Position the test sample over a clean piece of blotting paper or another paper that stains on contact with a liquid; in an inverted position at a 45° angle below the horizontal; and with the closure in the lowest possible position and free of any obstruction. Examine paper After one hour, remove the test sample and examine the paper described in paragraph 4(a) for evidence that any of the contents have leaked from the sample. Fail If an examination of the paper described in paragraph 4(a) discloses any trace of the contents of the test sample, the sample has failed the leakage test and a container of the same type as the test sample must not be used for a chemical product. Pass If no trace of the contents of the test sample is found on the paper described in paragraph 4(a), the sample has passed the leakage test and a container of the same type as the test sample may be used for a chemical product.