GHS in China, South Korea and Japan

China, South Korea and Japan have all implemented "Globally Harmonized System of Classification and Labelling of Chemicals (GHS)" promoted by UN to harmonize rules for the classification, labelling and safety data sheets of chemicals at national, regional and worldwide level.

As an international agreement GHS is non-legally binding in the member countries of United Nations.  Thus many countries and regions have published their own regulations or standards to implement GHS. For example, the GHS criteria were introduced into Europe via the Regulation (EC) No 1272/2008 on the Classification, Labeling and Packaging of substances and mixtures (CLP) in 2008.

China, Korea and Japan have published their own laws or standards to implement GHS in their own countries. In this article we will summarize the latest progress of GHS implementation in those countries and compare the difference between those countries.

NEW! The presentation about cut-off value and concentration limits in China GHS and CLP regulation is available here.

GHS related laws and regulations in China, Korea and Japan

Country

Laws and Regulations

  • China

Main laws:

- Regulations on safe management of hazardous chemicals(2011) - requiring GHS sds and label for hazardous chemical substances.

- The Measures on Environmental Administration of New Chemical Substances (2010)- requiring GHS classification data and sds for new chemical substances.

Classification standards:

GB 20576 ~ GB 20602-2006 - “Safety rules for classification, precautionary labeling and precautionary statements of chemicals ” - based on UN-GHS 2003 1st edition.

GB 13690-2009 - "General rules for classification and hazard communication of chemicals";

- Please note this standard also applies to consumer products.

Labelling standards:

GB 15258-2009 – "General rules for precautionary label for chemicals”;

GB 190-2009 - “Packaging Labels for Dangerous goods";

GB/T 22234-2008 - “Labeling of Chemicals Based on GHS”;

Safety Data Sheet:

GB/T 16483 -2008 - "Safety data sheet for chemical products: Content and order of sections".

More info about those standards...

  • Korea

 

Main Laws:

- Industrial Safety & Health Act - requiring GHS classification and labelling for chemicals that meet GHS hazard criteria;

- Toxic Chemicals Control Act - requiring GHS classification and labelling for toxic chemicals;

Standards:

Public Notice No 2008-26 - Regulation for Classification & Labeling of Toxic Chemicals.

MoL Notice No 2012-14 - Standard for Classification and Labeling of Chemical Substance and Material Safety Data Sheet (new)

  • Japan

 

Main Laws:

- Industrial Safety and Health Law (ISHL) - requiring GHS classification data and labelling for ISHL listed substances(~640 substances);

CSCL has required label for Class II Specified Chemical Substances. PRTR law requires MSDS for over 400 substances. Poisonous and Deleterious Substances Control Law (PDSCL) has required MSDS for over 300 substances. Even though those laws did not mention GHS, GHS SDS and labels are recommended.

Standards:

- GHS classification (JISZ7252);

- MSDS (JISZ7250) - to be used until 2016;

- labelling (JISZ7251) to be used until 2015.

- New standard JISZ7253(SDS+Labellling) to replace JISZ7250 and JISZ7251 in 2012.

GHS Implementation Timeline for China, Korea and Japan

Country

Important Timeline

 

  • China

31 May 2011

This is the day when the transitional period for the three compulsory GHS national standards GB 13690-2009, GB 15258-2009, and GB 190-2009 end. All chemicals or mixtures placed on Chinese market shall be classified and labeled in accordance with those standards from 1 June 2011.

1 Dec 2011

This is the day when Regulations on safe management of hazardous chemicals (2011) comes into force. From 1 Dec 2011, companies who fail to provide GHS compliant SDS and labels for hazardous chemicals might face a maximum penalty of 50,000 yuan or even a ban on production or import;

The current Catalog of Hazardous Chemicals (2002) contains more than 3,700 chemicals.

Comments

The deadline 31 May 2011 applies to almost all classified substances and mixtures placed on Chinese market. However, only failure to classify and label hazardous chemical substances might lead to legal penalties.

Latest Trends

Chinese government has prioritized mandatory GHS classification and labelling for hazardous chemicals. We expect the government to publish a new Catalog of Hazardous Chemicals soon. This new Catalog might include harmonized classification data that Chinese companies must use to prepare their GHS compliant SDS and labels.

 

  • Korea

 

1 July 2010

The grace period for mandatory GHS classification and labelling for substances that meet GHS hazard criteria ends. This deadline is set by the Public Notice No 2008-29.

1 July 2011

The grace period for mandatory GHS classification and labelling for toxic substances regulated under TCCA. This deadline is set by the Public Notice No 2008-26.

1 July 2013

This is the day when the transition period for mandatory GHS classification and labelling for mixtures ends. This deadline is set by both public notice mentioned above.

Comments:

GHS classification and labelling is mandatory for almost all chemicals that meet GHS classification criteria in Korea.

Latest Trends

On 28 June 2011, National Institute of Environmental Research (NIER) of South Korea published the amended list of GHS classification and labelling for “Toxic Chemical” regulated by TCCA. The list contains 618 chemicals. It will be mandatory for companies to use the GHS classification in the list to prepare SDS and chemical label from 1 July 2011. This list is constantly being updated.

The list is available here:

http://ncis.nier.go.kr/ghs/ghs_info/

 

  • Japan

 

1 Dec 2006

Amended ISHL implementing GHS came into force, requiring mandatory GHS classification data and label for around 640 chemicals regulated by ISHL.

31 Dec 2010

The grace period for the new MSDS standard(JIS Z 7250:2005) ends. The old Japanese format(JIS Z 7250:2000) will no longer be used.

Comments

ISHL is the only law requiring GHS compliant label and MSDS in Japan. This requirement only applies to around 640 designated substances only. Other laws have also required MSDS and label for hundreds of other regulated substances, but not all substances. However, we strongly suggest that all chemicals and mixtures placed on the Japanese market come with MSDS and labels that have been prepared in accordance with relevant national standards.

Latest Trends

Japanese government has kept classifying substances in accordance with GHS criteria for many years. Up to 1 June 2011, GHS classifications for 2,231 substances have been published. However, it is not mandatory for industry to use those classification data.

The list is available from:

http://www.safe.nite.go.jp/ghs/list.html

GHS Building Blocks in China, Korea and Japan

Each country or region can choose which hazard classes and categories to implement from UN-GHS in the their legislation. This approach is called building blocks approach, which makes GHS slightly different in each country. Besides, the constant change of UN-GHS has caused inconsistency between the latest version of UN-GHS and GHS in those countries.

Country

Building Blocks

  • China

The following hazard classes and categories from 4th revised UN-GHS are not adopted:

- Chemically unstable gases category A and B;

- Non-flammable aerosols category 3;

- Respiratory sensitization subcategory 1A & 1B (China does have category 1);

- Skin sensitization subcategory 1A & 1B (China does have category 1);

- STOT- single exposure category 3;

- Aspiration category 1 and  2;

- Hazardous to the ozone layer category 1

Other differences:

- acute toxicity for (inhalation) gases category 4 and 5. Threshold value is 5000 ppm, not 20000ppm;

- simplified label;

- black frame of pictogram is also acceptable;

More information can be found here.

  • Korea

 

The following hazard classes and categories from UN-GHS are not adopted:

- Chemically unstable gases category A and B;

- Non-flammable aerosols category 3;

- flammable liquids category 4;

- acute toxicity category 5;

- skin corrosion/irritation category 3;

- acute aquatic toxicity category 2 and 3;

Note: Building blocks adopted by MoE and MoL are slightly different.

  • Japan

 

The following hazard classes and categories from UN-GHS are not adopted:

- Chemically unstable gases category A and B;

- Non-flammable aerosols category 3;

- acute toxicity category 5;

- skin corrosion/irritation category 3;

- aspiration hazard category 2;

 

Note 1: CLP label is a very good example of explaining the main elements of a GHS label. REACH and CLP compliant SDS showcases the format and content of a good GHS SDS even though identified uses, registration number and exposure scenarios are not needed in the SDS in China, Korea and Japan.

NEW! Korea updates its classification, labelling and SDS standards in Feb 2012

In Feb 2012, The Ministry of Employment and Labor(MOEL) of Korea has issued revised Standard for Classification and Labeling of Chemical Substance and Material Safety Data Sheet by MoL Notice No 2012-14.

Compared to the old standard, the new standard mainly includes the following changes:

1. A new article regarding labeling information has been added(article 9);
2. Article 13: The recipient of a MSDS needs to issue a confirmation receipt;
3. Article 14: More information needs to be provided when SDS is updated or altered;
4. Article 20: This a new article regarding request for information not on MSDS;
5. Section 1 of SDS requires emergency contact info of supplier based in Korea;
6. Korean translations of some p and h statements have been updated(all updated statements are listed in purple red.) The English translations remain unchanged;
7. The classification criteria for environmental hazards have been updated to be consistent with EU CLP regulation(see last document).

About the Author

This original article is written by Mr Yunbo Shi on 11 June 2011. More info about Yunbo Shi's profile can be found here:

http://ie.linkedin.com/in/yunboshi

Special comments from the author:

Chinese government is doing the worst job among three countries to make relevant information available to companies based outside of China. Most of laws, regulations or guidance documents only have Chinese version. I have seen many companies exaggerating the impact of relevant laws on foreign companies with a purpose of selling their translated version of those laws and regulations. The quality of such translation cannot be guaranteed either if the translator has little knowledge about chemical regulations or GHS.

Besides, most of Chinese GHS national standards (classification, labelling SDS) are translated directly from UN-GHS. There is really no need to pay to get an English copy because UN-GHS is the best translation and it is entirely free.

Before you decide to buy such translated documents, please consult us first about whether this regulation will be relevant to you and where to get a free copy of the translation if possible.

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About CIRS

CIRS has provided one-stop chemical inventory search services for many companies doing business in Asia (for example, China, Japan, Korea, Malaysia, and Philippine). We can help you find out whether your chemicals are regulated in those countries or regions and offer free initial consultations about how to comply. Besides, we can help you prepare Chinese, Korean and Japanese (M)SDS and chemical labels in accordance with their national chemical legislation and standards at affordable prices. We can also help you translate your REACH SDS or label into those languages.

Contact

If you have any questions about chemical compliance in the Asia-pacific region, please contact:

  • Mr. Yunbo Shi, Europe Office
    Singleton House, Laurence Street, Drogheda, Co. Louth, Ireland
    Tel : +353 41 9806 916 | Fax : +353 41 9806 999
    Email: yunbo.shi@cirs-reach.com
  • Mr. Edwin Wen, China Office
    11F Building 1, Dongguan Hi-Tech Park, 1288 Chunbo Road, Binjiang District, Hangzhou 310052, China
    Tel: +86-571 8720 6555 | Fax: +86-571 8720 6533
    Email: Edwin.wen@cirs-reach.com