To control the amount of toxic substances that are imported into the country, standards and regulations have been put in place. This helps to reduce the number of chemicals that are banned from entering the country, but also regulating the type of chemicals sold through various companies.
Those wishing to import consumer chemical products to sell on shelves have specific guidelines and regulations that must be followed. Failure to comply with the regulations will be subject not having the ability to import the products.
TSCA Import Certification Requirements
All consumer chemicals being imported must adhere to the stringent rules of the Toxic Substances Control Act (TSCA) for entry. This requirement states that you must acknowledge whether the chemicals being imported comply with the policy or do not require further certification.
The requirements for complying with the TSCA Import Certification Requirements are listed in section 13 of The Toxic Substance Control Act. In addition to the TSCA regulations, the EPA also has a set of guidelines that must be adhered too. Their policy statement is at 40 CFR 707.20.
Who Must Certify the Import
The importer or legal representative of the importer must certify the chemical substance being imported whether it is a part of a mixture or a bulk shipment.
A positive certification statement must be written, and signed by the importer. It must state that everything being shipped, whether in bulk or as part of a mixture, complies to all chemical regulations set forth by the country. Furthermore, by signing this agreement, you agree that all the chemicals meet the requirements as they are regulated by the TSCA.
A negative certification statement would be written up and signed to state that the chemical products being imported are exempt from the TSCA’s rules and regulations.
A negative certification covers the following items:
- Any foods, additives, cosmetics, or drugs
- Special nuclear material or by-product material
- Firearms or ammunitions (those defined under section 3 by the TSCA)
- Chemicals separate but part of articles
- Tobacco or products of tobacco
Certain chemicals have more specific requirements for import under section 6 listed in TSCA to avoid chemical accidents. Some of the chemicals include mercury, PCBs and asbestos, though there are others.
To comply with the requirements for import, all the chemicals must:
- Not be imported for misuse or prohibited use
- adhere to the Globally Harmonized System of Classification (GHS) and be properly labeled, as well as SDS requirements
- Not exceed restrictions specified or import volume
- Not to be imported for any significant new use
- Comply with all other applicable and mandated requirements
All chemical products being imported must also fully comply with the REACH list of prohibited chemicals. This list removes many chemicals from entering the country and is subject to change without notice.
To have chemicals shipped to the country safely, it is imperative to have use of the right overseas transporter to guarantee that all laws and regulations are abided by and that all proceeds in accordance with the laws set forth for importing consumer chemical products.