The Korean Ministry of Employment and Labor (MOEL) has published Notice 2016- 19 amending the “Criteria for classification and labeling and material safety data sheets of chemicals." The amendment. adopts Revision 4 for Korea. There is a transition period of 1 year allowed from the effective date, which appears to be April 6, 2016 – so GHS Revision 4 compliance is required in Korea by April 5, 2017.

The notice is available from the MOEL website (in Korean):

Notice 2016- 19 “Criteria for classification and labeling and material safety data sheets of chemicals"

The amendment affects the following aspects of the enforcement rules:

Article 3: is renumbered so that the paragraph 1 (deleted in Notice 2013-27) no longer appears and the number 2 is removed from the paragraph that remains.

A new header for “Chapter 3 – Warning signs (Labels), attaching and creating”  is inserted above Article 5.

Article 6: The exception for small containers is clarified to apply to containers of less than or equal to 100 g as well as 100 ml.

Article 6-2: the parenthetical title is changed from “Preparation method of label elements” to “Preparation method of warning sign label elements” (The intent of the clause is not changed.)

Article 6-2-2: the terms describing the pictograms for precedence when “corrosive” and “irritating” apply are clarified to indicate the skin corrosive or severe eye damage and the skin irritation or eye irritation. (The intent of the clause is not changed.)

Article 6-2-3: the clause clarifies that if the pictogram for respiratory sensitization appears, the pictogram for skin sensitization, skin irritation, or eye irritation shall not be displayed. (The clause now clearly aligns with GHS pictogram precedence, whereas it previously was not clear about the suppression of the exclamation mark for skin or eye irritation when the health hazard for respiratory sensitization appears.

Article 6-2-4: clarifies the wording confirming that if 5 pictograms apply only 4 may be displayed (The intent of the clause is not changed.)

The header “Chapter 3 – Preparation of Safety Data Sheets, etc” previously in front of Article 9 is deleted. It is rewritten as “Chapter 4 – Preparation of Safety Data Sheets, etc” and inserted in front of Article 10.

The header “Chapter 4 – Training for Employees and Indication of Information” previously in front of Article 16 is deleted. It is rewritten as “Chapter 5– – Training for Employees and Indication of Information” and inserted in front of Article 17.

Article 16 was deleted by Notice 2013-37. Now it is removed from the numbering sequence, so former paragraph 17 becomes paragraph 16.

Article 18 was deleted by Notice 2013-37. Now it is removed from the numbering sequence, so former paragraphs 19, 20, 21 become paragraphs 17, 18, 19.

Article 17, item 4 (formerly Article 19 item 4) is changed from “Toxic according to the ‘Toxic Chemicals Control Act’” to “Toxic according to the ‘Chemical Substances Control Act’”

Article 19 (formerly Article 21) on the review period is amended to reference the new provisions for review, specifying review every three years, before the end of July (i.e. before July 2019).

Annex 1: Classification of Chemical Substances

·         The classification of substances and mixtures is not amended. This means, in effect:

o   The amendment does NOT adopt the chemically unstable categories A and B for flammable gases

o   The amendment does NOT adopt the aerosols category 3, and the class remains “flammable aerosols” (but all elements are updated per GHS Rev 4 as noted below)

o   Categories that remain not adopted in Korean GHS are Flam. Liq. 4; Acute Tox. 5; Skin Irrit. 3; Aquatic Acute 2 or 3

o   Note that subcategories are not mentioned for Skin Corr 1 A, B, or C; Eye Irrit. 2 A or B; Sensitizers A or B;

·         Annex 2: Label Elements of Warning Label

The assignment of H- and P-statements is amended to match GHS Revision 4, except as follows:

o   For the new classifications in GHS Rev. 4, which are not adopted in the classification descriptions: these assignments are also not mentioned in the tables of warning elements

o   The new assignment of the second H-statement H229 (Pressurized container: may burst if heated) is mentioned in the flammable aerosols. The text does not mention exclusion of the applicability of the pressurized gas to aerosols, but it can be presumed that the addition of H229 now addresses the pressurized gas hazard or aerosols

o   Possible typo: P361 + P364 is assigned in the table for Acute Tox. 4 (dermal) when GHS assigns the P362 + P364 (the P362 does not emphasize “immediate” removal of clothing).

Annex 3: Form and Size of Warning Label – Not amended

Annex 4: Safety Data Sheet

The only change since the 2013-27 Notice is the second subheader in section 15 should refer to the Chemicals Control Act and no longer to the Toxic Chemicals Control Law.