On September 30, 2021, the Ministry of Environment of South Korea published a revised Enforcement Rules of the Chemicals Control Act, which came into effect on the same day. The major revision is that “approved biocidal products” and “consumer chemical products subject to safety check” defined under the Consumer Chemical Products and Biocides Safety Act (hereinafter “K-BPR”) will not be regulated by handling standards for hazardous chemicals provided in the Chemicals Control Act, but be regulated by the handling standards stipulated under the K-BPR (for biocidal products: standards for indication of precautions for use; and for consumer chemical products subject to be checked: standards for usage amount, usage method and precautions for use).
Article 13 of the Chemicals Control Act and Appendix 1 of the Enforcement Rules thereof prescribe the handling standards for hazardous chemicals, which must be observed by those who handle them. The handling standards include: standards for maintenance and management of the handling facilities; standards for chemical accidents prevention and emergency measures; storage and warehousing standards, loading standards, transportation standards, education and training standards, and container and packaging standards. However, according to the latest revision, the following products defined under K-BPR will be subject to separate handling standards.
|Items||New handling standards|
|“Consumer Chemical Products Subject to Safety Check” pursuant to Article 3, Item 4 of K-BPR||“Precautions for use” provided under Article 10, Paragraph 8, Item 5 of K-BPR|
|“Approved biocidal products that fall under the definition of consumer chemical products subject to safety check” pursuant to Article 20, Item 1 of K-BPR||“Standard usage amount, usage method and precautions for use of biocidal products” prescribed under Article 26, Paragraph 2, Item 6 of the Enforcement Rules of K-BPR|
|Hazardous chemical substances excluding the above two items||Handling standards specified in Appendix 1 of the Enforcement Rules (*same as before)|
The K-BPR designates about 35 products as “consumer chemical products subject to safety check” and specify: 1) safety standards for such products such as chemical substances whose use is prohibited or whose inclusion is restricted, as well as 2) labeling standards for such chemicals such as labeling of ingredients on products. According to Article 10, Section 8, Item 5 of K-BPR, manufacturers and importers of consumer chemical products subject to safety check are required to indicate precautions for use of the product on the outside of the product or packaging material thereof. With the enactment of the revised Enforcement Rules, this requirement has become the “handling standards” to be observed for consumer chemical products subject to safety check.
Similarly, for biocidal products defined in K-BPR, the standard usage amount, usage method, and precautions for biocidal products to be indicated on the external surface or packaging of biocidal products will become the “handling standards” under the Chemicals Control Act.
The revised version of the Enforcement Rules of the Chemicals Control Act can be viewed at (in Korean):