Record keeping for chemicals introduced under NICNAS exemptions

Chemicals introduced under NICNAS exemptions and the AICIS ‘exempted category’ are not the same thing. Learn more about your record-keeping obligations for exempted introductions.

Authorised exemption types

Your previous chemical introductions were authorised only until 31 August 2022 if it met the criteria for the following exemption types that existed under NICNAS:

• cosmetic use not exceeding 100kg per year
• non-cosmetic use not exceeding 100kg per year
• cosmetic use at a concentration of 1% or less
• use for research, development or analysis

From 1 September 2022, you cannot introduce chemicals under any of the exemption types that existed under the old scheme (NICNAS). You must categorise your introduction under our current scheme and meet the requirements for the relevant introduction category.

What you must submit

You’ll need to submit an annual declaration at the end of each AICIS registration year – between August and 30 November.

Why you must keep records

You must keep certain records about your chemical introductions to confirm they are authorised. You must keep these records for 5 years, even after you’ve stopped introducing your chemical.

We may ask for your records

We may ask you to provide certain records to ensure your chemical introductions are authorised. You must provide all the information we ask for within 20 working days.

Your records must prove that your introductions:

• met the criteria for the applicable exemption category under NICNAS
• were compliant with the legislation at the time of your introduction

The following examples describe the records you must provide (if we ask for them) for some of these exemption types.

Cosmetic use not exceeding 100kg

If we ask for your records, you (or the person who holds this information) must provide:

• a record of the identity of your chemical
• a record to indicate that it is not a nanomaterial and is not prohibited or restricted for use in cosmetics in the European Union under Council Directive 76/768/EEC or in the United States under the Food and Drugs Cosmetics Act 1938. For example, you could provide information from your supplier
• records to prove your chemical has an end use in cosmetics and is not used in those cosmetics as a preservative, colouring agent or UV filter. For example, you could provide the SDS, product labels or technical information sheets.
• records to prove the total volume of your chemical that you introduced during our registration year. For example, you could provide shipping documents
• records to show how you worked out that your chemical does not pose an unreasonable risk to occupational health and safety, public health and the environment. You must consider the hazards associated with your chemical (not other components of any products that include your chemical); any potential exposure to humans and the environment; the potential risk from introducing and using your chemical; and how to minimise this risk (for example, through specific handling techniques)
• if your chemical is present in cosmetics at a concentration of greater than or equal to 1%, records to indicate that it will be safe for use by potentially high-risk groups - including infants, the elderly and atopic persons - consistent with the anticipated pattern of consumer exposure

Non-cosmetic use not exceeding 100kg

If we ask for your records, you (or the person who holds this information) must provide:

• a record of the identity of your chemical
• a record to indicate that it is not a nanomaterial. For example, you could provide information from your supplier.
• a records to prove the total volume of your chemical that you introduced during registration year. For example, you could provide shipping documents
• records to show how you worked out that your chemical does not pose an unreasonable risk to occupational health and safety, public health and the environment. You must consider the hazards associated with your chemical (not other components of any products that include your chemical); any potential exposure to humans and the environment; the potential risk from introducing and using your chemical; and how to minimise this risk (for example, through specific handling techniques)

Cosmetic use at a concentration of 1% or less

If we ask for your records, you (or the person who holds this information) must provide:

• a record of the identity of your chemical
• a record to indicate that it is not a nanomaterial and not prohibited or restricted for use in cosmetics in the European Union under Council Directive 76/768/EEC or in the United States under the Food and Drugs Cosmetics Act 1938. For example, you could provide information from your supplier
• records to prove your chemical has an end use in cosmetics and is not used in those cosmetics as a preservative, colouring agent or UV filter. For example, you could provide the SDS, product labels or technical information sheets.
• records to prove the concentration of your chemical in cosmetics is less than or equal to 1%. For example, you could provide information from your supplier
• records to prove your chemical is not hazardous. For example, you could provide the SDS or information from your supplier. Your records must demonstrate that your chemical is not a hazardous chemical; is not a dangerous good; has very low toxicity to fish, aquatic invertebrates and algae (LC50 or EC50 greater than or equal to 100 mg/L); and is readily biodegradable. Your records must also show your chemical has either a molecular weight or NAMW greater than 1000g/mol, OR has a solubility in water greater than 1mg/L; OR dissolves in water without dissociation or association and is not surface-active, with a partition coefficient (n-octanol/water at 20°C, logPow) less than or equal to 3
• records to show how you worked out that your chemical does not pose an unreasonable risk to occupational health and safety, public health and the environment. You must consider the hazards associated with your chemical (not other components of any products that include your chemical); any potential exposure to humans and the environment; the potential risk from introducing and using your chemical; and how to minimise this risk (for example, through specific handling techniques)