The Japan CSCL (Chemical Substances Control Law) is a crucial piece of environmental legislation. It regulates chemicals to prevent environmental pollution, preserve flora and fauna, and protect human health.
The Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc., known as the CSCL, is among the oldest chemical regulations globally. Enacted in 1973, it governs the management and regulation of chemical substances before and after they enter the Japanese market, aiming to safeguard human health and the environment. Accordingly, this legislation promotes a balanced approach to industrial development and environmental protection. In other words, the CSCL is vital to Japan’s efforts to ensure chemical safety and environmental protection, aligning with international laws, like EU REACH, US TSCA, or the Canadian Prohibition of Certain Toxic Substances Regulations. The Ministry of Economy, Trade, and Industry (METI), the Ministry of Health, Labor, and Welfare (MHLW), and the Ministry of the Environment (MOE) are three government bodies that manage the implementation of the legislation.
The CSCL classifies and regulates chemicals based on their potential risks, including their persistence, bioaccumulation, and toxicity. The main categories of chemicals regulated under this regulation include:
These are chemicals that are highly persistent, bio-accumulative, and toxic (PBT). Examples include polychlorinated biphenyls (PCBs) and PFAS substances such as PFOA-related compounds. These substances pose long-term toxicity risks. Therefore, they are subject to stringent controls, including manufacture, import, use, and disposal restrictions. As a result, importing products containing these chemicals is often prohibited, with use allowed only for essential purposes under international agreements. Moreover, the government may enforce recalls and other safety measures.
Chemicals in this category are also persistent and bio-accumulative but pose less toxicity than Class I. They are regulated with specific usage restrictions to prevent environmental contamination. Companies must report production and import details, and the government can control the amounts produced or imported and provide technical guidelines for handling these substances.
These are chemicals known to be persistent and have a potential risk of long-term environmental impact. They are not as strictly regulated as Class I or II substances, but authorities monitor their production and import to assess possible risks over time. Hence, companies must report the amount produced or imported, and the government may issue guidelines or direct further toxicity investigations.
These are chemicals identified as potentially hazardous but require further assessment to determine their environmental and health impact. Manufacturers and importers must provide detailed information on these substances for further evaluation.
It contains thousands of substances already on the market since the CSCL enforcement. General chemicals include existing chemicals, recently listed chemicals, previously monitored chemicals and those that are no longer a priority for assessment. Companies dealing with more than 1 tonne of these chemicals must report the quantity, use, and hazard information annually.
Any chemical not listed on Japan’s existing chemical inventory is considered a “new chemical substance” under the CSCL. These substances must undergo a pre-manufacture or pre-import assessment to evaluate their potential environmental and health risks. Accordingly, government approval is required before these substances can be manufactured or brought into Japan.
The National Institute of Technology and Evaluation (NITE) provides a database (J-CHECK) containing an up-to-date list of substances regulated under CSCL.
Chemicals regulated by other laws, like pharmaceuticals, food additives, cosmetics, pesticides, agricultural chemicals, radioactive material, etc., are out of the scope of the CSCL. As a result, this prevents regulatory overlap and ensures that each substance is managed under the most appropriate Japanese legal framework.
The law outlines a detailed process for evaluating and controlling chemical substances. A pre-marketing evaluation is obligatory for new chemicals. Manufacturers and importers must notify the government of any new chemicals they intend to produce or import. They must also provide detailed information on the chemical’s properties, usage, and potential risks.
Existing chemicals undergo a stepwise risk assessment based on annual reports. If authorities find a substance to pose risks, they can re-evaluate the chemical and impose restrictions or bans, including import prohibitions, mandatory recovery orders, and specific labeling requirements.
Furthermore, special provisions apply to substances used in small volumes or non-bio accumulative chemicals. These include simplified notification processes and, in some cases, exemptions from reporting requirements.
The CSCL has been amended several times to enhance its effectiveness, including provisions for more stringent evaluations and controls, particularly in response to international developments and environmental incidents.
Existing chemicals undergo a stepwise risk assessment based on annual reports. If authorities find a substance to pose risks, they can re-evaluate the chemical and impose restrictions or bans, including import prohibitions, mandatory recovery orders, and specific labeling requirements.
Furthermore, special provisions apply to substances used in small volumes or non-bio accumulative chemicals. These include simplified notification processes and, in some cases, exemptions from reporting requirements.
Japan’s CSCL is a comprehensive legal framework that ensures the safe management of chemical substances. By enforcing strict notification, evaluation, and risk assessment protocols, the law minimizes the potential environmental and health risks associated with chemical substances, fostering a safer and more sustainable industrial landscape. Finally, depending on your product, other Japanese substance control regulations may also apply, including J-Moss, for appliances.
Feel free to contact Enviropass to learn more about the Japan CSCL!