Formaldehyde Emissions from Composite Wood Products Regulations — 16
Exceeding limit 16 (1) A composite wood panel or laminated product is considered to be part of a non-compliant lot if formaldehyde emissions from the panel or product exceed the applicable limit set out in subsection 6 (1) or the correlated limit referred to in subsection 6 (2) when the panel or product is tested in accordance with paragraph 7 (1)(b) or 8 (1)(b), respectively. Handling (2) If a manufacturer of composite wood panels or laminated products manufactures a non-compliant lot, the manufacturer must either destroy it, dispose of it at a waste disposal site or treat and re-test it until formaldehyde emissions do not exceed the applicable limit set out in subsection 6 (1) or the correlated limit referred to in subsection 6 (2). Treatment (3) For the purpose of subsection (2), a non-compliant lot is treated by (a) using a chemical formaldehyde scavenger; (b) aging the lot; or (c) using any other method that reduces formaldehyde emissions. Re-test (4) For the purpose of subsection (2), a non-compliant lot is re-tested (a) in the case of a non-compliant lot for which the testing referred to in subsection (1) was performed in accordance with subsection 7(1)(b), by selecting a specimen from the lot, testing it and verifying the test in accordance with subsection 7(1); or (b) in the case of a non-compliant lot for which the testing referred to in subsection (1) was performed in accordance with subsection 8(1)(b), by selecting three specimens from three bundles in the lot, testing the specimens and verifying each test in accordance with subsection 8(1), and then averaging the results of those three tests. Notice of non-compliance to purchaser (5) A person that has sold a composite wood panel or laminated product from a non-compliant lot must provide written notice of the non-compliance to the purchaser within 72 hours after the day on which the person becomes aware of the non-compliance. Notice of non-compliance to Minister (6) If the person referred to in subsection (5) is the manufacturer or importer, it must also provide written notice of the non-compliance to the Minister within the timeframe set out in that subsection. On receipt of notice (7) A manufacturer of component parts or finished goods and an importer or seller of composite wood panels or laminated products that purchases a composite wood panel or a laminated product from a non-compliant lot and receives a notice referred to in subsection (5) must (a) if they have not yet sold the composite wood panel or laminated product, isolate it before returning it to the manufacturer or handling it in accordance with subsection (2); or (b) if they have sold the composite wood panel or laminated product, send a copy of the notice, within two days after the day on which they receive it, to the purchaser. Component parts or finished goods (8) Subsection (7) does not apply to a manufacturer of component parts or finished goods or to an importer or seller of composite wood panels or laminated products that receives a notice of non-compliance under subsection (5) after the composite wood panel or laminated product is incorporated into a component part or finished good. SOR/2024-256, s. 9