Do you re-fill chemicals that you source from within the EU?

Do you re-fill chemicals that you source from within the EU?

Companies who source substances or mixtures from within the EU (including Iceland, Norway, Liechtenstein and Northern Ireland) to re-fill are not considered as importers under chemical legislation, but are considered ‘downstream users’. Downstream users who re-fill hazardous substances or mixtures and thereby re-package with their own label must ensure that the correct hazard information is included on the label and that the package is sufficient for the hazard it poses (tactile warnings of danger and child-resistant fastenings) before placing it on the market. The hazard information on the label must mirror the information in Section 2.2 of the safety data sheet and the safety data sheet must be supplied to professional users and made available to employees.

Have you determined whether notification to the National Poison Centre is required?

Re-fillers and re-labellers of hazardous mixtures (health and/or physical endpoint classifications), must notify the National Poison Information Centre (NPIC) as a ‘downstream user’, unless their supplier has notified on their behalf. Once the mixture is notified, the NPIC emergency telephone number in Section 1.4 must be included in the mixture’s safety data sheet.

Please note that all EU poison centres will be harmonised and information for professional and consumer uses can be submitted to the Poison Centre Notification (PCN) portal from 1st January 2021, which will include the generation of a Unique Formula Identifier (UFI) for inclusion on the label and safety data sheet. Industrial uses must be notified to the PCN portal from 1st January 2024 and until that time should be submitted as normal to NPIC.  If you have notified to the National Poison Centre before 1st January 2021 you may benefit from a transitional period before notifying to the PCN until 1st January 2025.

Have you checked whether any substance in your mixture requires Authorisation?

Substances listed on Annex XIV (Authorisation List) may only be placed on the market after the substance’s ‘sunset date’ if an Authorisation has been granted by ECHA.

Have you checked whether any substance or substance in your mixture you re-fill is restricted?

Re-fillers and re-labellers  must also be aware of the substances listed on Annex XVII (Restriction List) and ensure that the intended use of the chemical that they are placing on the market complies with the specific conditions of the restriction text.

Is the product you are re-packaging and/or re-labelling considered a detergent?

Detergents must comply with the additional, specific labelling and packaging requirements outlined in the Detergents Regulation (EC) No. 648/2004 and on our website.