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Taiwan's Toxic Chemical Substances Control Act is Under Revision

Taiwan's Toxic Chemical Substances Control Act (TCSCA) is under amendment, in which the management of toxic substances of Class 4 is tightened and a mandatory registration requirement for priority substances is ordered. Currently, the draft has been submitted to the Executive Yuan, if the proposed changes were approved, it will be further considered by the Legislative Yuan before notifying the WTO. "If all goes well, the new TCSCA shall be released at the end of this year or early next year", said by Mr. Lian from Taiwan EPA.

One big reason for the TCSCA amendment is the requirement of more rigorous management on the toxic chemical substance of Class 4. According to the Act in force, the EPA has posed restriction or ban on the handling of the toxic chemical substances of Class 1, Class 2 and Class 3. The manufacturer, importer or seller of Class 1, 2 or 3 toxic chemical substances shall apply to the competent authority for a permit, and shall operate in accordance with the content of the permit. However, for the Class 4, they are not subject to the restrictions of other regulations of this Act, apart from reporting the toxicological information of the toxic chemical substances. However, in the new TCSCA, the Class 4 substances shall be handled the same as the other three types.

Taiwan has concluded the Supplementary Existing Chemical Substance Nomination(SECN) on 31 Aug 2012. Once Taiwan establishes the final version of the Existing Chemical Substance Inventory(ECSI), the Taiwan EPA will focus on the next phase of its chemicals management involving environmental and health risk-based screening. After that, there will be changes to the current situation that EPA has only regulated 298 toxic chemicals, of which 49 are forbidden to use, 156 are restricted to use conditionally, and 93 toxic chemicals of Class 4 are allowed to use. For the priority substances, which shall meet mandatory registration requirements under the new TCSCA, the detailed list has not been screened out.

Specified in the current version of the Taiwan TCSCA, the toxic chemical substances are classified into four classes:

  • Class 1: chemical substances that are not prone to decompose in the environment or that pollute the environment or endanger human health due to bioaccumulation, bioconcentration or biotransformation

  • Class 2: chemical substances that cause tumors, infertility, teratogenesis, genetic mutations or other chronic diseases

  • Class 3: chemical substances that endanger human health or the lives of biological organisms immediately upon exposure

  • Class 4: chemical substances for which there is concern of pollution of the environment or the endangerment of human health

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