F2024C00396 Written undertaking relaxation for Listed chemicals/blends - Subsection 46(1)

[Mike Dewhirst]

Paraphrasing the new Subsection 46(1) of the Rules, instead of mandating a written undertaking by the supplier of the chemical to reveal the CAS number etc., it is now necessary to keep records which document the name of the person holding that information and the basis of the introducer's belief that such information would be forthcoming if requested by AICIS.

For a Listed chemical with an AACN in the absence of a CAS number and/or CAS name or IUPAC name, such documentation needs to indicate the AICIS assessment certificate which listed the chemical with that AACN.

This ticket implements a note to be created which offers a template for the user to document the basis of the belief mentioned.

It will only be necessary to alter the chemical name help-text to cover the specific amendment Subsection 46(3) (table item 3, column 2, paragraph (b)) because the chemical name field suffices already for the known chemical/blend name when CAS name, IUPAC and INCI names are all blank.

This amendment probably removes the previous need for certain users to be defined as Chemical Data Providers (CDP). After discussion and research if it is decided to remove the CDP infrastructure, a new ticket will be raised.

[Mike Dewhirst]

Help text for the Chemical identity field should be along the following lines:

Name and contact detail of a person reasonably expected to reveal identifying information about this chemical to the Executive Director of AICIS if requested.

AICIS requires a record to be kept which documents the basis of such expectation.

For that purpose, a note with a title Chemical identity: will be created on saving if the CAS number field is blank and this Chemical identity holder field is not blank.

... which implies a post-save check to create such a note.

The note creation method needs to also consider other aspects such as with all three identifying names (CAS, IUPAC and INCI) being blank, if it is Listed it must/should perhaps be with an AACN in which case the chemical assessment (CA number) needs to be part of that kept record.

If those three fields are blank, the note does need to specify whether the chemical's public name is the AACN or merely the chemical or product or blend name known to the Introducer. In any case, if it is Listed the Introducer needs to know the terms of the listing being the scope, conditions and/or specific information requirements.

The software can only search the inventory by CAS number or CAS name or AACN. We might need to revisit that if searching by assessment (CA) number or EVA (Evaluation) number becomes necessary.

[Mike Dewhirst]

The table in Subsection 42(1) has 8 rows to describe the kinds of records which must be kept in those 8 specific circumstances. Summarising the software response ...

For table rows 1, 2, 3, 4, 6, 7 and 8, nothing needs to change in Chemintro because if the chemical is found a note is created automatically which documents the terms of listing. If not found, the chemical needs to be categorised. All the records mentioned are part of the Chemintro database records for the chemical and will be produced by the Data report.

Row 5. The chemical is listed but the introducer doesn't know very much at all. Presumably the introducer has been assured by the supplier that it is listed and in this case MUST provide some sort of evidence.

It is for the Row 5 case that the software will create the Chemical identity note mentioned above in Comment3. See page 3 of the amendments F2024L00343.

(a) records that indicate that the industrial chemical is listed on the Inventory; and
(b) one of the following:

(i) the names by which the industrial chemical is known to the person (the introducer);
(ii) the names of any products containing the industrial chemical that are imported into Australia by the introducer;
(iii) for an introduction that is a flavour blend introduction or a fragrance blend introduction — the name of the flavour blend or fragrance blend that the industrial chemical is to be introduced as part of; and

(c) the name of a person whom the introducer believes on reasonable grounds would, if requested to do so by the introducer following a request by the Executive Director, give to the Executive Director:

(i) the CAS number (if assigned) for the industrial chemical; and
(ii) the CAS name or IUPAC name for the industrial chemical; and

(d) records of the basis on which the introducer holds the belief mentioned in paragraph (c)

[Mike Dewhirst]

This replicates the "Basis of expectation" templated note.