Detergents and Cleaning Products Market Inspection and Surveillance in Poland

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Detergents and Cleaning Products Market
Inspection and Surveillance in Poland

• Magdalena Noganska
• Chief Sanitary Inspectorate
• Department of Environmental Hygiene
• The State Sanitary Inspection

2
Legal background
Detailed regulation Act of 11 January 2001 on
Chemical Substances and Preparations
Competence regulation Act of 14 March 1985 on
The State Sanitary Inspection

3
Basic legislation

• Act
• of 11 January 2001
• on Chemical Substances and Preparations
• (with amendments)?

• lays down conditions, bans and/or restrictions
  of production,
• placing on the market and/or use of chemical
  substances and preparations
• supervision rules

4
Act on Chemical Substances and Preparations

• The Act lays down conditions, bans and/or
  restrictions of production, placing on the market
  and/or use of chemical substances and
  preparations in order to protect against the
  harmful impact of these substances and
  preparations on human health and/or the
  environment
• safeguard clause for detergents

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Safeguard clause- detergents

• Art.32.p 1a. (39) Act on Chemical Substances and
  preparations.- art.. 15 of Det. Reg.
• If there are justifiable grounds for believing
  that a specific detergent, although complying
  with the requirements of Detergent Regulations,
  constitutes a risk to safety or health of humans
  or of animals or a risk to the environment
  Inspector for Chemical Substances and Preparation
  may temporarily prohibit the placing on the
  market of the detergent on the Poland territory
  or make subject to special conditions
• Inspector for Chemical substances and preparation
  by means of administrative decision, repeal or
  extend for the next 6 months place a ban in
  relation to consultation written in art. 15.p.2
• Ch SI and CHEI may submit proposal made in art..
  1a
• Ch SI and CHEI and TI may submit proposal
  concerning administrative decision to repeal or
  extend ban for placing on the market

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The supervision on chemical substances and
preparations

• the State Sanitary Inspection
• the Environmental Inspection
• the State Labour Inspection -
• the Trade Inspection
• the State Fire Brigades
• the Frontier Guard and customs authorities
• Inspector for Chemical Substances and
  Preparations with Bureau

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Competent authorities in Poland
GOVERNMENT
MINISTRY OF HEALTH
MINISTRY OF ENVIRONMENT
MINISTRY OF LABOUR
OTHER MINISTRIES
BUREAU FOR CHEMICAL SUBSTANCES AND PREPARATIONS
CHIEF SANITARY INSPECTORATE
TRADE INSPECTION
FIRE BRIGADES
SANITARY INSPECTION
ENVIRONMENTAL INSPECTION
LABOUR INSPECTION
CUSTOMS INSPECTION
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Act on the State Sanitary Inspection

• The mission of the SSI is to protect human health
  against onerous and harmful environmental factors
  as well as preventing appearance of diseases,
  communicable and occupational included.
• Current and preventive supervision over
• Conditions of environmental hygiene
• Conditions of work hygiene at the work places
• placing on the market chemical substances and
  preparations, biocide products, detergents, drug
  precursors cat. 2 and 3
• Conditions of radiation hygiene
• Conditions of hygiene of education and teaching
  processes
• Conditions of hygiene rest and recreation hygiene
• Health conditions of food and nutrition, and
  consumer articles
• Hygienic and sanitary conditions that should be
  met by medical staff, equipment and premises,
  where medical service is provided

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Our special rights 1

• Sanitary inspector in connection with the control
  being executed has the right to
• 1) enter at any time of day or night, in cities
  and villages
• a) workplaces and all premises and installations
  and equipment comprising them,
• b) public service sites, commercial sites,
  communal garden plot sites and real estate and
  all premises comprising them,
• c) means of transportation and all sites
  connected with them, including seafaring ships,
  midland navigation and air ships,
• d) sites under construction.

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Our special rights 2

• 2) request written or spoken information and
  request appearance of persons and interrogate
  them,
• 4) taking, without reimbursement, samples for
  testing.
• 3) request presentation of documents and making
  any data available

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Who can we inspect in field of chemicals?

• Producers
• Importers
• Suppliers
• Warehouses
• Wholesalers
• Professional users
• Schools, hospitals,enterprises etc.

• Producers
• Importers

Detergents
Chemicals
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What is inspected?

• Classification
• Labelling
• SDS
• List of dangerous substances and preparations
• Safety work instructions
• Biodegradability statement
• Analysis of Biodegradability is made on
  commission

13
Criminal provisions and pecuniary penalties

• art.34. Whoever in violation of the decision of
  the Inspector for Chemical Substances and
  preparations places on the market a preparation
  entailing an unacceptable hazard for human health
  and/or the environment or it does not comply with
  the conditions of its placing on the market laid
  down in a decision
• shall be subject to a fine, restricted
  freedom or imprisonment for up to 2 years.

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• Art. 34 b Who
• inconsistently with art.14 of Regulation 304/2003
  export articles or chemicals listed in Annex V
• inconsisently with art. 13 p. 6 of Regulation
  304/2003 export or import chemicals listed in
  Annex 1 part 2 and 3 without received information
  from Bureau, that authority importer country
  give consent for import
• shall be subject to a fine, restricted freedom or
  imprisonment for up to 2 years.

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• Art.34d Who
• place on the market surfactants and detergents
  containing surfactants which do not meet the
  criteria defined in art. 4 of Reg. No 648/2004
• place on the market or use surfactants and
  detergents containing surfactants incompliance
  with conditions of derogation on the basis of
  art. 5 reg. No 648/2004
• shall be subject to a fine, restricted freedom or
  imprisonment for up to 2 years.

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• Art. 34 e Who
• place on the market surfactants and detergents
  containing surfactants without labelling or
  labelled incompliance with art. 11 of Reg.
  648/2004
• do not submit information according to art. 9
• shall be subject to a fine

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• Art. 34 f Who against restrictions and bans or
  condition defined and issued on the basis of art.
  31 p. 1 produce, place on the market or use
  dangerous preparations
• shall be a subject to a fine, restricted freedom
  or imprisonment up to 2 years

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• Art.35 Whoever places on the market a dangerous
  substance or a dangerous preparation
• without labelling or inappropriately labelled
• without required safety data sheet
• shall be subject to a fine.

19

• Art. 36Whoever provides an incomplete or
  unreliable safety data sheet
• shall be subject to a fine.

20

• Art. 37
• Whoever advertises a dangerous substance without
  indicating the category of danger relating to
  this substance
• is subject to a fine.
• The same penalty shall apply to anyone who
  advertises a dangerous preparation without
  providing information on a type or types of
  hazards specified on the labelling of the
  packaging of such a preparation if the
  advertisement enables the purchase by a consumer
  of the preparation without prior notice of the
  labelling on its packaging

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Adjudication

• Adjudication on the cases specified in Articles
  34 e and 35 - 38 shall be made in accordance with
  provisions of the Code of Misdemeanour
  Proceedings.
• Simplified proceeding- inspection empowered to
  bring accusation to justice

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List of authorised laboratories fulfilled
requirements from Reg. 648/2004

• Laboratorium Zakladu Uslug i Ekspertyz
  Analitycznych Instytutu Chemii Przemyslowej im.
  prof. Ignacego Moscickiego, ul. Rydygiera 8,
  01-793 Warszawa tel. (48) (22) 5682292 fax (48)
  (22) 5682049, www.ichp.pl kontakt dr inz. Pawel
  Kikolski, e-mail pawel.kikolski_at_ichp.pl
• Laboratorium Instytutu Przemyslu Organicznego,
  ul. Annopol 6, 03-236 Warszawa, tel. (48) (22)
  8111231, fax (48) (22) 8110799, www.ipo.waw.pl
  kontakt dr inz. Jacek Zielinski, e-mail
  zielinski_at_ipo.waw.pl
• Laboratorium Instytutu Przemyslu Organicznego, 
  ul. Doswiadczalna 27, 43-200 Pszczyna,
  www.ipo-pszczyna.pl

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Phosphates

• Bureau for Chemical Substances and Preparations -
  competent authority responsible for communication
  and exchange of information on the functioning of
  Regulation 648/2004
• art. 16 Regulation 648/2004 - gradual phase out
  or restriction to specific applications
• Article 16 Review
• 1. By 8 April 2007, the Commission shall
  evaluate, submit a report on and, where
  justified, present a legislative proposal on the
  use of phosphates with a view to their gradual
  phase-out or

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USE OF PHOSPHATES

• In Poland Economic Ecological production
  capacity- 120 000 t/year
• two plants with above given production capacity,
  employing 500 people/ workers
• Directive 91/271/EEC-minimum percentage of
  reduction for phosphorus till 2015 is at least
  75
• Regulation concerning detailed requirements for
  some products with regard to their negative
  influence on the environment- 6 of phosphorus
  in washing and cleaning prepartaions for
  consumers further reduction of phosphorus in
  washing powders (less than 6) would make worse
  washing properties and reduction of phosphorus
  would be slight

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Polish standpoint

• Polish standpoint concerning use of phosphates
  in detergents
• -keeping up current system- MS decide on eventual
  restriction
• -existing restrictions ensure sufficient
  protection of waters against eutrophication

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Chemical network
State Labour Inspection
State Sanitary Inspection
Bureau for Chemical Substances and Preparations
Environmantal Inspection
Custom authorities
Trade Inspection
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COOPERATION
Information
VSI
VSI
Information
PSI
PSI
Inspection
Inspection
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ACTION IN CASE OF NOTICED LACKS
Voivodship SI
Voivodship Trade Inspectorate
Poviat Sanitary Inspectorate
Environmental Inspectorate at voivodship level
Voivodship SI
Inspection
Labour Inspectorate at voivodship level
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Producers, importers and distributors
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Detergents control

• incompliance in SDS and in the label
• lack of data on biodegradability of surfactants,
• lack of information of active substances in case
  of biocide products
• lack of biodegradability statements for
  surfactants used during production process ( 2
  cases)
• incorrect SDS, R and S phrase

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Thank you for your attention
Magdalena Noganska senior specialists
m.noganska_at_gis.gov.pl Chief Sanitary
Inspectorate Department of Environmental
Hygiene ul. Dluga 38/40 00-238 Warszawa phone.
(48) 22 536 1476 fax. [phone]