Detailed statement of verification of chemicals

Except for some chemical products that are regulated under the special laws such as medicines, narcotics, cosmetics, pesticides, fertilizers, food additives, livestock feed, explosives, toxic gases, etc. the first thing for importers to do for regulatory compliance is to prepare the detailed statement of verification of chemicals which is required under Article 9 of the CHEMICAL SUBSTANCES CONTROL ACT (화학물질 관리법). By doing so, it can be confirmed whether additional permission, notification, declaration, etc. are required to import the chemical product.  

CHEMICAL SUBSTANCES CONTROL ACT

Article 9 (Verification of Chemical Substances)

(1)    Any person who intends to manufacture or import a chemical (where a person entrusts the import of a chemical to an import agent, referring to the import agent; hereinafter the same shall apply) shall verify whether the relevant chemical substances or any ingredient thereof falls under any of the following, as prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "verification of chemical substances") and submit the details thereof to the Minister of Environment:

1.     Phase-in chemical substances under subparagraph 3 of Article 2 of the Act on Registration, Evaluation, etc. of Chemical Substances;

2.   Non phase-in substances under subparagraph 4 of Article 2 of the Act on Registration, Evaluation, etc. of Chemical Substances;

3.       Toxic substances;

4.       Substances subject to permission;

5.       Restricted substances;

6.       Prohibited substances;

7.       Substances requiring preparation for accidents.

(2)    Notwithstanding paragraph (1), the provision of paragraph (1) shall not apply to chemical substances that meet the standards prescribed and publicly notified by the Minister of Environment, such as cases where chemical substances contained in a product that performs a certain function in a solid state are not released during use of the product. <Amended on May 26, 2020>

(3)    Where any person who intends to manufacture or import chemical substances pursuant to paragraph (1) deems it necessary to verify the chemical substances, he/she may request the Minister of Environment to certify whether the relevant chemical substances or any ingredient thereof falls under any of the subparagraphs of paragraph (1), along with data prescribed by Ordinance of the Ministry of Environment.

 

Verification shall be performed for every substance constituting the chemical product, referring to NCIS (National Chemicals Information System, https://ncis.nier.go.kr/en/main.do).



When a chemical substance is searched with its CAS No (e.g. 1310-73-2), NCIS shows what categories the chemical substance belongs to.




“KE No.” is the number designated to the chemical substances notified by the Minister of Environment. Every phase-in substance has the KE No. Although sodium hydroxide belongs to the category of hazardous chemical substances, it doesn’t mean that every chemical product containing sodium hydroxide is hazardous chemical. “Percentage & Regulatory Information” shall be check by clicking “View info” or the CAS No.



As “sodium hydroxide or mixture containing 5% and above” is toxic substance, a chemical product containing sodium hydroxide less than 5% is not subject to control of toxic substance.

 

In the case of non phase-in substance (e.g. 1397-89-3), search result is blank.



It shall be noted that hydrates or anhydride of phase-in substances are not regarded as non phase-in substances even if they are not searched in NCIS. For example, 207300-70-7 is not non phase-in substance because its basic form, 14984-34-0 is phase-in substance (KE-31453).

 

After checking every substance constituting a chemical product, the verification result shall be submitted to the KCMA (Korea Chemical Management Association) through its electronic civil petition system. (Registration of user and digital identity certificate is required to use the system.)

 

With respect to phase-in and non phase-in substances, content percentage doesn’t have to be disclosed. But  whether they are subject to registration/reporting or exempt from registration/reporting under Article 10 or 11 of the ACT ON REGISTRATION AND EVALUATION OF CHEMICALS (화학물질의 등록 및 평가 등에 관한 법률) shall be indicated.

 

With respect to toxic substances, substances subject to permission, restricted substances, prohibited substances and substances requiring preparation for accidents, content percentage shall be indicated. It can be given with range. However, the range shall be specific enough to confirm the control as specified in “Percentage & Regulatory Information”.

 

In submitting the detailed statement of verification of chemicals, documentary evidence to prove the constituting chemical substances shall be attached. MSDS content sum of which doesn’t reach 100% cannot be the evidence. In this case, LOC (Letter Of Confirmation) written by the chemical product’s exporter or manufacturer shall be provided.


 

Notwithstanding, pursuant to Article 9 (2) of the CHEMICAL SUBSTANCES CONTROL ACT, following cases stipulated by the Ministry of Environment Notification, CRITERIA FOR EXCLUSION OF VERIFICATION ON CHEMICAL SUBSTANCES are exempt from submitting the detailed statement of verification of chemicals:

1.       In the case of chemical substances contained in the product that performs certain functions in a specific solid form so that the chemical substances do not leak out while the product is used.

2.       In the case of chemical substances imported as inside the machine and chemical substances imported together with machinery or equipment for its test operation (excluding the case where the chemical substance itself is separately imported)

3.       In the case of chemical substances that are generated in the process of manufacturing other chemical substances and wholly used in the chemical process if they are not intentionally removed or separated from the manufacturing facility

4.       In the case of chemical substances produced from chemical reactions that occur accidentally by exposure to environmental factors such as air, moisture, microorganisms or sunlight.

5.       In the case of substances specified in Table 1 attached to the 「Chemical Substances Exempt from Registration or Reporting」 (Ministry of Environment Notification) such as substances that exist in nature (excluding their hydrates and hazardous chemical substances)

6.       In the case of substances specified in Table 2 attached to the 「Chemical Substances Exempt from Registration or Reporting」 (Ministry of Environment Notification) such as glucose, starch, etc. (excluding their hydrates, activated charcoal (64365-11-3) and activated carbon (7440-44-0))

7.       In the case of chemical substances that an individual imports to consume in daily life (excluding hazardous chemical substances)


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