Consultation on Proposed Microbeads in Toiletries Regulations

The Government of Canada gives notice on the proposed Microbeads in Toiletries Regulations  that is published in the Canada Gazette Part 1. Vol. 150 No.45 on November 5, 2016 for a 75 day comment period. If there are no objections, the regulations will come into effect January 2018.

The proposed Microbeads in Toiletries Regulations would prohibit the manufacture, import, sale or offer for sale of toiletries that contain plastic microbeads, including non-prescription drugs and natural health products. The types of toiletries covered include products used for exfoliating or cleansing such as bath and body products, skin cleansers and toothpaste. The proposed Regulations would not apply to prescription drugs. For the purposes of the proposed Regulations, plastic microbeads include any plastic particle equal to or less than 5 mm in size, which can vary in chemical composition, size, shape and density.

The prohibition of the manufacture and import of exfoliating or cleansing toiletries that contain plastic microbeads, excluding natural health products or non- prescription drugs, is targeted to come into effect on January 1, 2018, with the prohibition of the sale or offer for sale of these products by July 1, 2018.

Prohibitions would come into effect for the manufacture and import of exfoliating or cleansing non-prescription drugs and natural health products, such as toothpaste that contains plastic microbeads, on July 1, 2018, with a prohibition on the sale or offer for sale of these products by July 1, 2019.

Regulatees are not required to submit reports or conduct product testing under the proposed Regulations. The proposal contains a requirement that the presence of microbeads in products be determined using an accredited laboratory to ensure that laboratory testing is performed to acceptable quality standards. This also serves to inform the regulated community of the laboratory standards that will be used to determine the presence of plastic microbeads or to verify compliance with the regulatory provisions.

The proposed Regulations would not apply to a toiletry that contains plastic microbeads and that is in transit through Canada, from a place outside Canada to another place outside Canada.
All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Director, Products Division, Environmental Protection Branch, Environment and Climate Change Canada, 351 Saint-Joseph Blvd., Gatineau, Quebec K1A 0H3 (fax: 819-938-4480; email: ec.produits-products.ec@canada.ca).

The full text of the proposed regulation is available here in PDF format.