Hong Kong Tightens the Control over Hazardous Chemicals and Pesticides

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The Government of the Hong Kong Special Administrative Region submitted the Hazardous Chemicals Control Ordinance (Amendment of Schedules 1 and 2) Order 2023 (Amendment Order) and the Pesticides Ordinance (Amendment of Schedule 1) Notice 2023 to the Legislative Council on June 14, 2023. These Amendments are made under international conventions to protect public health and the environment.

The Hazardous Chemicals Control Ordinance

References: the Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention) (2015 and 2017 revised); the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention) (2022 revised);
Contents amended:
- Hazardous chemicals newly regulated in Schedule 1: hexachlorobutadiene, polychlorinated naphthalenes, and decabromodiphenyl ether. Short-chain chlorinated paraffins, currently prescribed in Schedule 2, will be added to Schedule 1 for more stringent control.
- Perfluorooctanoic acid (PFOA), its salts, and its PFOA-related compounds will be added to Schedule 2.

Substances newly added or updated:

Serial No.	Name of substance	CAS No.	Example of uses
1	hexachlorobutadiene	87-68-3	solvents for rubber and other polymers; cleaning agents for removing volatile organic gases
2	Polychlorinated naphthalene, including dichloronaphthalene, trichloronaphthalene, tetrachloronaphthalene, Pentachloronaphthalene, Hexachloronaphthalene, Heptachloronaphthalene, Octachloronaphthalene	-	additives for wood preservation, paint and lubricant, and cable insulation and capacitors
3	Decabromodiphenyl oxide	1163-19-5	Used as flame retardant additives, used in plastic products, textiles and adhesives
4	Short-chain chlorinated paraffins	Such as: 85535-84-8 68920-70-7 71011-12-6 85536-22-7 85681-73-8 108171-26-2	Used in oils and lubricants for metal processing, used as plasticizers or flame retardants in plastics (especially in polyvinyl chloride), also used as flame retardant additives in various products such as rubber compounds, paints, coatings, or sealants.
5	PFOA, its salts, and its PFOA-related compounds	335-67-1	Used as coating agents for carpets, textiles, furniture, shoes, paper, and food packaging

The Pesticides Ordinance

References: the Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention) (2015 revised);
Contents amended: Pentachlorophenol and its salts and esters will be added to Schedule 1.

Substance newly added:

Serial No.	Name of substance	CAS No.	Example of uses
1	Pentachlorophenol and its salts and esters	-	Pesticide

The above amendment will enter into force in Hong Kong on October 20, 2023. Offender is liable to a fine of $50,000 and to imprisonment for 1 year.

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Source: https://www.legco.gov.hk/yr2023/chinese/brief/eeb202306_20230607-c.pdf

https://sc.isd.gov.hk/TuniS/www.info.gov.hk/gia/general/202306/09/P2023060800601.htm?fontSize=1

https://sc.isd.gov.hk/TuniS/www.info.gov.hk/gia/general/202306/09/P2023060900222.htm?fontSize=1

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