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Introduction to the Latest South Korea MSDS Regulations Update and Response Plan
Release time:
2020-12-02 17:17
From January 16, 2021, the South Korea will implement the revised Industrial Safety and Health Care Law, so what is the impact of the regulation on MSDS? How do enterprises respond? This article will introduce the revision of the MSDS regulations and how enterprises respond to it. We welcome everyone to discuss together.
The main contents of MSDS in the newly revised regulations include MSDS preparation and exemption from submission objects, submission obligations and submission periods of the Ministry of South Korea and Labor, prior approval of trade secret substances and the appointment of foreign manufacturers.
l MSDS Compilation and Exemption Submission Object
l The main body of MSDS writing is changed from the transferor and provider to the manufacturer and importer. Manufacturing: the production, processing, mixing or repackaging of chemical substances or mixtures for direct use or for the purpose of transfer or supply; import: the introduction of chemical substances or mixtures from abroad to China for direct use or for the purpose of transfer or supply.
lThe chemical substances subject to exemption include substances regulated by other laws and regulations, substances for daily use provided to general consumers, chemical substances or chemical products for research and development designated and announced by the head of the Ministry of Labor of the South Korea, and substances that are less harmful and announced separately.
l In addition, substances and reagents used for R & D can also be exempted from submission.
2. South Korea the Ministry of Labor to submit obligations and submission period
Under the South Korea Industry Safety and Health Act, there is a legal obligation to submit MSDS for manufactured/imported products. At the same time, the statute also provides for a deferment period.
For existing manufactured/imported products, the delay period for submission of MSDS is as follows:
Annual Manufacturing/Import Volume | deadline for submission |
More than 1000 tons | January 16, 2022 |
100-1000 tons | January 16, 2023 |
10-100 tons | January 16, 2024 |
1-10 tons | January 16, 2025 |
Below 1 ton | January 16, 2026 |
After January 16, 2021, the implementation date of the newly revised Industrial Safety and Health Care Law, there is no delay period for the submission of MSDS for manufactured/imported products.
Change contents shall be submitted when changes occur in MSDS, including:
l Product name (only if the ingredient name and content have not changed)
l Among the chemical substances constituting the target substance of the chemical safety technical instructions, the name and content of the chemical substance equivalent to the classification standard of Article 141 (only in the case where the product name has not changed but the name and content of the component have changed)
l Health and environmental hazards, physical hazards
Note: Submit changes in a timely manner (no delay period).
3. Prior approval of trade secret substances
The comparison before and after the MSDS trade secret prior approval amendment is as follows:
Before revision (current) | After revision | Remarks |
The transfer of chemical products, the provider can arbitrarily judge whether its trade secrets or not without filling in the name of the chemical substance on the MSDS. | Trade secrets may be used South Korea prior approval of the Minister of Labor Even if non-public approval is obtained, "substitute name" and "substitute content" are also required" | |
No regulation | Non-public approval is valid for 5 years Extension approval is required before the end of the validity period | Objection application can be made according to the approval result |
4. Foreign manufacturers may be appointed
With regard to the appointees of foreign manufacturers, the comparison before and after the revision of the regulations is as follows:
Before revision (current) | After revision |
No regulation | As for imported chemical substances, the information on their composition, or the information required for the approval and review of non-public information, can be submitted by the main body appointed by foreign manufacturers instead of domestic importers. |
Description:
Method of appointment: submission with supporting documents attached to the letter of appointment or letter of resignation in form 68 of the annex
Processing period: the application certificate shall be issued within 7 days from the date of acceptance of the application.
Documents: Business license, copy of appointment/discharge contract
Enterprise response plan
Regarding the revision of the regulations, what should enterprises do to deal with it? We think that enterprises need to carry out systematic management of MSDS, and we explain the products, substances and contractors respectively.
For products
Confirm the annual manufacturing/import volume of the product
l Confirm the delay period according to tonnage, and submit information on the name and content of the chemical substance within the delay period
l Prepare and submit MSDS for new products to be manufactured/imported early next year (no delay period)
For substances
Confirmation of substances for research and development
l Submit exemptions to be managed separately from products for sale
Confirmation of non-public approval of the target substance
l Disclosure and revision of substances that are fundamentally non-commercial secret in accordance with the approved exclusion guidelines
l Manage trade secrets for non-public approval and prepare submissions
For appointees
Confirmation of trade secret substances submitted through the appointer
l When applying for an appointment, the appointor may replace the importer.
Confirmation of the content of the application for appointment
l Reappointment is required after the end of the application period for appointment
l Application for appointment requires confirmation of the field of application
The above is our brief introduction and analysis of the revision of MSDS regulations in this South Korea. Please pay attention to our follow-up tweets for details. We will arrange online training in the near future and invite relevant experts to interpret this topic in detail. Welcome to sign up. Thank you!
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