From December 1st, 2020, “Limit of volatile organic compounds content in adhesive” (GB33372-2020), “Limit of volatile organic compounds content in cleaning agents” (GB38508-2020), “Limit of harmful substances of industrial protective coatings” (GB30981- 2020), “Limit of harmful substances of architectural wall coatings” (GB 18582-2020), “Limit of harmful substances of woodenware coatings” (GB18581-2020)and other national standards came into force effectively. Related manufacturing companies, importers and even sellers need to improve compliance response. Basic precautions are as follows:
How effective are these standards? Is there a transition period?
The above-mentioned standards are mandatory national standards and must be strictly followed. According to the second and third paragraphs of Article 2 of “the Standardization Law of the People's Republic of China”, standards include national standards, industry standards, local standards, group standards, and enterprise standards. National standards are divided into mandatory standards and recommended standards, while industry standards and local standards are recommended standards. Mandatory standards must be implemented. The state encourages the use of recommended standards. The above-mentioned new standards are all national mandatory standards. It has been nearly half a year since its release, and December 1st is the official implementation date, and there is no longer an extra transition period.
If related products violate the above standards, what are the adverse consequences in the legal sense?
In response to environmental legal risks, raw materials and products produced, imported, sold, and used that contain volatile organic compounds that do not meet the standards will face the risk of administrative punishment if they violate the “Air Pollution Prevention and Control Law”. According to Article 103 of “Air Pollution Prevention and Control Law”, the production and sales of raw materials and products whose volatile organic compound content does not meet the quality standards or requirements shall be ordered by the market supervision and management department of the local people’s government at or above the county level to make corrections and confiscated For raw materials, products and illegal income, a fine of more than one time and less than three times the value of the goods shall be imposed. If it is imported raw materials and products whose content of volatile organic compounds does not meet the quality standards or requirements, according to Article 104 of “Air Pollution Prevention and Control Law”, the customs shall order corrections, confiscate raw materials, products, and illegal income,a fine of more than one time but less than three times the value of the goods shall be imposed. if it constitutes smuggling, the customs shall impose penalties in accordance with the law.
How to prevent risks?
Due to the different subject positions involved, the legal risks and countermeasures are different. Taking relevant importers as an example, the legal risks are relatively high and require special attention. For the original contract version that did not involve the change of relevant product standards, relevant risk response measures should be taken in time. Detailed measures cannot be generalized, you can consult a professional lawyer.
C&K testing can perform professional VOC and other harmful substances limit testing according to the requirements of GB 18581-2020, GB 18582-2020, GB 30981-2020, GB 24409-2020, GB 33372-2020, GB 38507-2020, GB 38508-2020 and other standards, and help manufacturers adjust formulas in real time, and import/use/operate companies to ensure that relevant products meet national requirements.
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