3 Advisory Committee on Chemicals Scheduling (ACCS #24) - Final decision(s) made pursuant to regulation 42ZCZR
3.2. Final decision in relation to MCPB
Final decision
Pursuant to regulation 42ZCZR of the Regulations, a delegate of the Secretary has made a final decision to vary the interim decision and amend the current Poisons Standard in relation to MCPB as follows:
Schedule 6 - New Entry
MCPB
Schedule 5 - Delete Entry
MCPB
Index - Amend Entry
MCPB
cross reference: (4-(4-CHLORO-2-METHYLPHENOXY)BUTANOIC ACID
Schedule 5
Schedule 6
Date of effect of the decision
1 October 2019
Reasons for the final decision (including findings on material questions of fact)
Having considered the public submission received before the second closing date in response to the call for further submissions published on 6 June 2019 under regulation 42ZCZP of the Regulations, I have made a final decision to vary the interim decision. I have made a final decision to remove the Schedule 5 (caution) entry for MCPB and create a new Schedule 6 (poison) entry. I will set out my reasons for this decision below.
In making my decision, I must take into account the Scheduling Factors as specified in the Scheduling Policy Handbook 2018. At the time of making the interim decision, the Chemicals Scheduling Delegate was not persuaded that the eye irritation data alone submitted in the application met the Scheduling Factors for Schedule 6. Furthermore, the Delegate noted the concerns raised by the Committee - that the eye irritancy may be attributed to a potential formulation effect.
I note that one public submission in response to the interim decision was received and this submission was in agreement with the rationale concerning the potential formulation effect. In addition, this public submission also provided additional clarity regarding the toxicity profile of MCPB, specifically, the acute oral toxicity of MCPB.
I have now taken into account the critical arguments provided in the public submission and contrary to the interim decision, find that the toxicity profile of MCPB and its derivatives meet the Schedule 6 Scheduling Factors.
Therefore, I have considered the arguments presented in the public submission and I find that, on balance, a Schedule 6 entry is supported in the interests of protecting public health particularly against the harms associated with MCPB and its derivatives.