May 31, 2019 was the effective date for Canada’s ban on octhilinone (OIT) as a material preservative in paint. After that, finished paints containing OIT preservatives cannot be manufactured and sold in Canada, AND paints manufactured with OIT preservatives in the United States cannot be sold in Canada.
Regulatory Ban First Announced Two Years Ago
This regulatory ban was first announced two years ago and has resulted in considerable industry activity. Recently, ACA learned that Health Canada’s Pest Management Regulatory Agency (PMRA), while continuing the OIT review process, will not be making any changes in either the final restrictions or the effective date. This prompted the Canadian Paint and Coatings Association (CPCA) to issue a follow-up alert to its membership stressing the need to comply.
Scope of Ban and Relationship to the Treated Article Requirements in Canada
Scope of the OIT Decision: Applies to sales of all finished paints and coatings that contain OIT: Registrants may not sell OIT for use as a material preservative in the manufacture and/or sale of finished paints and coatings products in Canada. Imports of finished paints and coatings containing OIT or raw materials containing OIT for finishing paint and coatings mixture formulations is also banned.
In addition, the final PMRA decision also establishes allowable but greatly reduced OIT use rates for polymer compounds, aqueous emulsions, colorants, and adhesives (0.54 a.i./L max). Consequently, agency inspectors have the right to request additional information from suppliers of individual components of paint products to confirm OIT preservative use in these materials and at which rate.
Sell-Through: CPCA is working with PMRA to clarify and confirm the allowed sell-through of all finished paints and coatings stocks previously containing OIT as a material preservative that were manufactured or imported into Canada prior to May 31, 2019. ACA’s understanding is that PMRA will allow for sale of the finished paint and coatings stocks containing OIT as a material preservative that were manufactured or imported into Canada prior to the May 31, 2019 to be sold until depletion of existing stocks.
PCPA vs. FIFRA: The Pest Control Products Act requires that all antimicrobial preservatives be registered with PMRA. Although there are exemptions for article registrations, such articles remain subject to regulatory oversight. Generally, paints treated with antimicrobial preservatives require registration of the pesticide but not the article itself. PMRA allows the article itself to be exempt from registration if the antimicrobial preservatives used to treat the article is registered under Pest Control Products Act; the article is treated according to the antimicrobial preservative’s approved uses; and the use is limited in preventing degradation or damage to the product from organisms.
In the United States, The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), requires registration of all pesticides with the U.S. Environmental Protection Agency (EPA) prior to their introduction into interstate commerce. The U.S. Code of Federal Regulations allows for an exemption for articles treated with or containing a pesticide to protect the article or itself, including paint treated with a pesticide to protect paint coatings.
Next Steps
ACA continues to monitor updates to the OIT review process in Canada, including new restrictions and the ban for uses in finished paint. We are in close contact with CPCA and related trade organizations and will keep members informed on the continued activities of the PMRA.
Source: ACS