The Ministry of Environment (“MOE”) announced that administrative dispositions such as corrective order, suspension of business, etc. under the Chemical Control Act (“CCA”) will not be issued temporarily, starting from February 14, 2022, with respect to the Biocidal Products classified as Common Household Chemical Products Subject to Safety Confirmation under the Act on Safe Control of Common Household Chemical Products & Biocides (“K-BPR”) and those that received product approvals (but, limited to those treated as ‘daily use products’). This measure has been implemented in consideration of the fact that relevant amendments, which would exempt those Common Household Chemical Products regulated under the K-BPR from the scope of the CCA, are currently pending at the National Assembly.
In accordance with the above measure, obligations of adhering to the handling standards, handling facility standards, the requirement to wear personal protection equipment, and obtaining business license under the CCA (which were excluded from double-application through the subordinate legislation), as well as administrative disposals with respect to the labeling obligation for hazardous chemicals, will be exempted.
| CCA Application Standards (Legal Provision) | Key Details |
| Statistical Survey (Article 12) |
All places of business that handles 100kg or more of hazardous substances annually must submit materials relating to the handling status and handling facilities, etc. every two years. |
| Adherence to the Handling Standards (Article 13) |
Different types of hazardous substances are prohibited from being stored/kept together; hazardous substance managing personnel must be present when loading/unloading hazardous substances; drivers of vehicles transporting hazardous substances must undertake safety training, etc. |
| Wearing of Personal Protection Equipment (Article 14) | Relevant personnel must wear personal protection equipment while handling hazardous substances indoors and upon loading/unloading them. |
| Standards on Handling Facilities (Article 24) |
Installation/management standards must be applied, and regular inspection/safety diagnosis must be executed with respect to facilities that manufacture, use, store, and transport hazardous substances. |
| Business License (Article 28) |
Persons subject to the requirement to obtain a business license must undergo handling facility inspection, submit the prevention management plan, appoint technical personnel as managers, and undertake safety trainings before obtaining the business license. |
| Labeling of Hazardous Substances (Article 16) |
Labeling required in (i) storage and exhibiting facilities, (ii) transporting vehicles, (iii) packaging and (iv) handling facilities. |
As a result of the MOE’s above measure, the CCA’s labeling obligation for hazardous substances imposed on supermarkets, pharmacies, and courier companies that store and sell Common Household Chemical Products (in complete packaged form) with low risk of accidents during handling are now exempted. However, please be advised that facilities, which handle and manufacture highly concentrated raw materials for which thorough accident prevention measures are required, must still adhere to the relevant obligations set forth under the CCA.
Related Topics
#Chemical Control Act #K-BPR #Environment #Korea Environmental Legal Update
