Code of Ethics on the International Trade in Chemicals in the United States

25. Chemical producers, formulators and traders should:

(a) Ensure that:

(i) chemicals are labelled;

(ii) labels include appropriate recommendations, instructions, warnings, precautions and first aid information;

(iii) labels show appropriate hazard classifications;

(iv) labels provide appropriate lot or batch information;

(v) labels are in a format appropriate for traders, transporters and occupational users with respect to, for example the language used and the use of symbols and pictograms.

(b) Ensure that classification, packaging and labelling of chemicals conform to applicable international rules, regulations and guidelines, such as the FAO Guidelines, including, for example those dealing with transportation. Where no such international rules, regulations or guidelines are available, an appropriate national or regional system for classification, packaging and labelling should be applied. Labelling requirements should cover:

(i) information to be given in the label;

(ii) legibility, durability and size of the label;

(iii) uniformity of labels and symbols, including colours.

26. Traders and transporters should ensure that chemicals are handled and transported safely in accordance with the information in the labels attached to the packages.

E. Provision of Information

27. Chemical producers and formulators should:

(a) Provide occupational users, traders, transporters and contract manufacturers with appropriate information and guidance, which should be kept up-dated, to enable proper development, manufacture and management of all chemicals, taking into account their entire life cycle. Safety data sheets (or material safety data sheets) should be prepared for hazardous chemicals and be provided to occupational users, traders, and contract manufacturers to the extent that this could improve safety in the handling and use of the chemicals.

(b) Provide information and instructions in a form and language which will ensure safe and effective use of a chemical.

(c) Ensure consistency of all safety information provided on a given chemicals.

(d) Provide government authorities and consumers with relevant information on:

(i) health and environmental hazards which might be posed by chemicals in international trade;

(ii) recommended protective measures;

(iii) first aid measures.

In providing such information, claims for protection of confidential and proprietary information should not compromise the overriding objective of protecting health and the environment and promoting safety.

(e) Provide the information on safe handling of chemicals when they are outdated or expired.

28. Industry should:

(a) Make reasonable efforts to ensure that the information relevant to health and environmental protection from harmful effects of chemicals reaches the occupational users or traders in importing countries. The information should be included in the labels attached to the packages whenever possible.

(b) Co-operate with governments and competent international organizations for the purpose of information exchange, including the provision of information, upon request, to a government authority in an importing country concerning banned or severely restricted chemicals and alternatives to such chemicals.

(c) Communicate on health, safety and environmental matters to government authorities and other interested parties. In this regard, industry should establish and implement policies to ensure openness in health, safety and environmental information in a manner appropriate to local circumstances.

(d) Assist UNEP to establish databases to be used by designated national authorities for registration and monitoring of chemicals, taking into account their entire life cycle, and for attention to emergencies.

F. Education and Training

29. For the purpose of preventing harmful effects of chemicals in international trade to health and the environment, industry should continue to:

(a) Educate and train employees at all levels on the proper management of chemicals, taking into account their entire life cycle.

(b) Provide employees with safety data sheets or similar relevant information.

(c) Educate and train relevant employees so that they can advise occupational users and traders on the proper management of chemicals, taking into account their entire life cycle.

(d) Disseminate educational information to, inter alia, chemical handlers and consumers, as well as other interested parties such as medical personnel and customs officials, through a coordinated effort of Governments, international organizations and industry.

(e) Provide support for training of occupational users and government authorities in importing countries, including training for emergency responses.

G. Advertising and Marketing

30. Recognizing difference in countries, and with a view to providing accurate information of chemicals to ultimate consumers, such as occupational users, industry should:

(a) Ensure that advertising is consistent with the standards of conduct set out in the code. Statements used in advertising should be capable of technical substantiation. Advertising should not be likely to mislead any buyer, in particular with regard to safety or suitability of use. Advertisements should not encourage uses inconsistent with approved labels or at variance with generally-accepted recommendations. Advertising should draw attention to warnings and should encourage careful reading of labels.

(b) Encourage importing enterprises/companies and relevant trade associations to cooperate in order to achieve fair and safe marketing and trade practices and to help government authorities to stamp out malpractice.

PART III. MONITORING AND FOLLOW-UP

31. Industry, non-governmental organizations, workers and consumers unions, and other relevant public interest groups, in cooperation with Governments and international organizations, should:

(a) Take active role to monitor activities of industry and other private sector parties involved in the international trade in chemicals as to whether those activities are in compliance with the standards of conduct set out in the principles and guidance above.

(b) Report the results of the monitoring to government authorities and competent international organizations, such as UNEP, with a view to:

(i) Improving performance of industry and other private sector parties involved in the international trade in chemicals;

(ii) Assisting Governments to adopt or amend national laws, regulations and administrative measures governing activities in the international trade in chemicals.

(iii) Co-operating with Governments and international organizations to develop relevant international instruments.

(c) Communicate on health, safety and environmental matters related to chemicals in international trade with other interested parties.

32. Industry is encouraged to cooperate with UNEP and non-governmental organizations in the implementation and monitoring of the standards of conduct set out in the principles and guidance above.

33. Industry should ensure that workers and others are not punished for monitoring and reporting its performance to Governments, international organizations and relevant private sector parties.

34. Private sector parties are encouraged to enter into voluntary agreements with Governments for the application of the standards of conduct set out in the principles and guidance above.

35. Private sector parties, in cooperation with Governments and international organizations such as UNEP, should promote the code to extend the parties committed to apply the standards of conduct set out in the principles and guidance above.

36. Private sector parties should develop procedures for self-evaluation to assess performance in undertaking self-regulatory measures to meet the standards of conduct set out in the principles and guidance above.

37. Private sector parties, in cooperation with Governments and international organizations, should periodically monitor compliance, review and revise, as appropriate, the code at international fora which will be convened by UNEP subject to the availability of resources.

38. UNEP will, within available resources:

(a) maintain, up-date and publish a list of those private sector parties that have entered into commitment under the code;

(b) compile and publish reports on progress in the application of the standards of conduct set out in the principles and guidance above.