Classification, Labelling and Packaging of Chemicals

This material is for informational purposes and you should not take it as a substitute for legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations concerning your product. This material only reflects the position at the date of writing and requirements across the EU and in the UK may change – particularly in light of the developing position with Brexit. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you following the end of the transition period.

I. EU Requirements

Products sold in the EU that contain relevant chemicals may be subject to the Regulation for Classification, Labelling and Packaging of Substances and Mixtures 1272/2008 (“EU CLP Regulation”). The CLP Regulation incorporates the classification criteria and labelling rules for hazardous chemical substances and mixtures agreed at United Nations level, the so-called Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

There are certain other mandatory labelling requirements that you must ensure you comply with, including for example, labelling the hazardous substances with the supplier’s name, address and telephone number.

It is your responsibility to comply with the EU CLP Regulation. You must also comply with other national requirements in relevant countries.

Please see below for further information about EU requirements.

UK Requirements

Products containing relevant chemicals first made available in the UK or EU on or before 31 December 2020 may be subject to the EU CLP Regulation. The EU CLP Regulation incorporates the classification criteria and labelling rules for hazardous chemical substances and mixtures agreed at United Nations level, the so-called Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The GHS pictograms can be found here.

Products containing relevant chemicals first made available in the EU or UK on or before 31 December 2020 can continue to circulate until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021. You can retain evidence of when products were first made available in the UK or EU by keeping documents including contracts of sale, invoices and documents concerning the shipping of goods for distribution.

Products containing relevant chemicals first made available in GB after 31 December 2020 will need to comply with an amended version of the EU CLP Regulation will apply as a result of the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019/720 (the “the UK CLP Regime”). Products containing relevant chemicals first made available in NI after 31 December 2020 will continue to need to comply with the EU REACH Regulation under the Northern Ireland Protocol (see “Northern Ireland” section below).

We have noted below where there will be relevant changes in the requirements following the Brexit transition period.

There are certain other mandatory labelling requirements that you must ensure you comply with, including for example, labelling the hazardous substances with the supplier’s name, address and telephone number.

It is your responsibility to comply with the UK requirements if you sell products containing relevant chemicals in the UK. If you also sell products containing relevant chemicals on Amazon EU website(s), then you must also comply with the EU CLP Regulation and with other national requirements in the relevant countries.

Please see below for further information about UK requirements.

1. EU Requirements

What is the EU CLP Regulation?

What types of products are affected by the EU CLP Regulation?

When does the EU CLP Regulation come into force?

Does the EU CLP Regulation apply to sellers?

What EU CLP Regulation regulated products are prohibited for Fulfilment by Amazon?

Are there any products Amazon previously accepted, but under the EU CLP Regulation are now prohibited for FBA?

What are Amazon’s additional requirements for sellers in relation to the EU CLP Regulation?

What happens if I send products to Amazon’s fulfilment centres which are prohibited in FBA?

Where can I find additional information?

What is the EU CLP regulation?

The EU CLP Regulation introduces the United Nations globally harmonized system (UN GHS) for classification and labelling of chemicals into Europe. As part of the EU laws regulating the sale of chemicals and dangerous substances, it is required that suppliers of chemicals transition from the Dangerous Preparations Directive (DPD) to the EU CLP regulation.

Changes will take place in the classification, labelling, and packaging of these products effective June 1, 2015. For example, let us say you sold a product that was a rust remover descaler containing phosphoric acid. Under DPD, the classification and labelling would look as follows:

Rust remover containing phosphoric acid under DPD

Rish Phrases:

R34 - Causes burns.

Safety Phrases:

S1/2 – Keep locked up and out of the reach of children.

S26 – In case of contact with eyes, rinse immediately with plenty of water and seek medical advice.

S45 – In case of accident or if you feel unwell, seek medical advice immediately.

Symbol:

However under CLP the same product will now be classified and labelled as such:

Rust remover containing phosphoric acid under CLP

Hazard Class and Category codes: Skin Corr. 1B, Met. Corr. 1

Signal Word: DANGER

Hazard Statements:

H290 – May be corrosive to metals.

H314 – Causes severe skin burns and eye damage.

Precautionary Statements

P234 – Keep only in original container.

P260 – Do not breathe mists.

P264 – Wash hands thoroughly after handling.

P280 – Wear protective gloves/clothing/eye/face protection.

P301+P330+P331 – IF SWALLOWED: Rinse mouth. Do NOT induce vomiting.

P303+P361+P353 – IF ON SKIN: Take off immediately all contaminated clothing. Rinse skin with water/shower.

P304+P340 - IF INHALED: Remove person to fresh air and keep comfortable for breathing.

P305+P351+P338 – IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing.

P310 – Immediately call a POISON CENTRE/doctor… manufacturer specifies.

P321 – Specific treatment (see…on this label).

P363 – wash contaminated clothing before reuse.

P390 – Absorb spillage to prevent material damage.

P406 – Store in a corrosive resistant container with resistant liner.

Symbol:

What types of products are affected by the EU CLP Regulation?

The EU CLP Regulation applies to all substances and mixtures imported, manufactured or placed on the market within the EEA unless otherwise exempted. Examples of products regulated under the EU CLP Regulation are paints, glues, spray paints and pesticides.

There are exemptions to the regulation for the following materials in their finished state only:

• Articles (e.g., batteries)
• Food and feeding stuffs
• Cosmetics
• Medical devices
• Medicinal products

To determine if your product is regulated under the EU CLP Regulation we recommend you take the following steps:

• Contact the manufacturer and ask if the product is regulated under DPD or the EU CLP Regulation.
• Check the Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) to determine if there are DPD or CLP classifications on it. If you do not have an MSDS or SDS for the product, the manufacturer or your supplier should have the document available. See the Hazardous Materials Identification Guide.

When does the EU CLP Regulation come into force?

There was a phased transitional period which allowed time to change over from the existing rules. Many of these dates have passed, or are passing soon. Substances must be classified and labelled in accordance with the EU CLP Regulation by December 1, 2010; or by December 2012 if already on the market. Mixtures must be classified and labelled in accordance with the EU CLP Regulation by June 1, 2015; or by June 1, 2017, if already on the market.

Does the EU CLP Regulation apply to sellers?

Yes, as a seller it is your responsibility that your products are CLP compliant.

What EU CLP Regulation regulated products are prohibited for Fulfilment by Amazon?

Products which bear any of the following CLP hazard statements are prohibited for Fulfilment by Amazon:

Are there any products Amazon previously accepted, but under the EU CLP Regulation are now prohibited for Fulfilment by Amazon?

Yes, there are six DPD codes transitioning to CLP which are not accepted in Fulfilment by Amazon: DPD codes R18, R31, R32, R33, R64, and R65 will transition to CLP codes EUH018, EUH031, EUH032, H373, H362, and H304 which are prohibited in FBA (see affected risk phrases above). Ensure you immediately discontinue sending these products into FBA.

What are Amazon’s additional requirements for sellers in relation to the EU CLP Regulation?

It is seller’s responsibility to provide accurate and complete product information, including warning messages in the format we require. In order to add applicable warnings to your product listings, you should do the following:

Determine if the EU CLP Regulation applies to your product. This may inter alia be verified by contacting the manufacturer or checking the product labelling.

If your products are regulated under the EU CLP Regulation, verify that your products are eligible for sale on Amazon. If you want to use FBA, provide us with the completed ‘Product Compliance’ template that is available here.

What happens if I send products to Amazon’s fulfilment centres which are prohibited in FBA?

You must not ship prohibited products into FBA. Amazon may at your cost and without compensation to you dispose of units regulated under the EU CLP Regulation and prohibited for FBA.

Where can I find additional information?

We encourage you to visit the European Chemicals Agency (ECHA) for more information on the EU CLP Regulation.

• ECHA:http://echa.europa.eu/regulations/clp

Product Compliance File

The Product Compliance template contains 5 tabs:

• Instructions: This tab will give you some useful information about how to use the EU Compliance data feed template.
• Data Definitions: This tab will identify necessary information and format.
• Template: This is the template that you shall complete.
• Example: This tab provides an example of how to complete the information.
• Valid values: This tab contains the full list of acceptable values. You will be required to enter the full wording.

Note that out of the 586 acceptable values, 41 values require additional information that may vary from one product to the other.

Example:

Let us take the safety phrase P261 that corresponds to ‘Avoid breathing …’: You will be required to enter an additional value like ‘gas’, in order to complete the phrase. If you miss entering the value, your upload will fail.

Once completed, upload your Product Compliance template in Seller Central.

In addition, when using FBA, you must submit for CLP regulated products the MSDS/SDS or an MSDS exemption sheet as applicable to Amazon. You can upload the MSDS or SDS using this link.

The upload takes 3 steps:

1. List all ASINs above which are concerned by the Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) (up to 10).
2. Choose the respective EU Marketplace.
3. Attach your SDS using the Browse button and then click Continue. If there is more than one SDS for a product, all SDS have to be grouped in a single .zip file before uploading.

Repeat this operation as many times as necessary (once per SDS).

II. UK Requirements

What is the UK CLP Regulation?

What types of products are affected by the UK CLP Regulation?

When does the UK CLP Regulation come into force?

Does the UK CLP Regulation apply to sellers?

What UK CLP Regulation regulated products are prohibited for Fulfilment by Amazon?

Are there any products Amazon previously accepted, but under the UK CLP Regulation are now prohibited for FBA?

What are Amazon’s additional requirements for sellers in relation to the UK CLP Regulation?

What happens if I send products to Amazon’s fulfilment centres which are prohibited in FBA?

Where can I find additional information?

What is the UK CLP regulation?

Products containing relevant chemicals first made available in the UK or EU on or before 31 December 2020 may be subject to the EU CLP Regulation. The EU CLP Regulation incorporates the classification criteria and labelling rules for hazardous chemical substances and mixtures agreed at United Nations level, the so-called Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The GHS pictograms can be found here.

Products containing relevant chemicals first made available in the EU or UK on or before 31 December 2020 can continue to circulate until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021. You can retain evidence of when products were first made available in the UK or EU by keeping documents including contracts of sale, invoices and documents concerning the shipping of goods for distribution.

Products containing relevant chemicals first made available in GB after 31 December 2020 will need to comply with an amended version of the EU CLP Regulation will apply as a result of the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019/720 (the “the UK CLP Regime”). Products containing relevant chemicals first made available in NI after 31 December 2020 will continue to need to comply with the EU REACH Regulation under the Northern Ireland Protocol (see “Northern Ireland” section below).

For example, let us say you sold a product that was a rust remover descaler containing phosphoric acid. Under DPD, the classification and labelling would look as follows:

Rust remover containing phosphoric acid under DPD

Rish Phrases:

R34 - Causes burns.

Safety Phrases:

S1/2 – Keep locked up and out of the reach of children.

S26 – In case of contact with eyes, rinse immediately with plenty of water and seek medical advice.

S45 – In case of accident or if you feel unwell, seek medical advice immediately.

Symbol:

However under the UK CLP the same product will now be classified and labelled as such:

Rust remover containing phosphoric acid under CLP

Hazard Class and Category codes: Skin Corr. 1B, Met. Corr. 1

Signal Word: DANGER

Hazard Statements:

H290 – May be corrosive to metals.

H314 – Causes severe skin burns and eye damage.

Precautionary Statements

P234 – Keep only in original container.

P260 – Do not breathe mists.

P264 – Wash hands thoroughly after handling.

P280 – Wear protective gloves/clothing/eye/face protection.

P301+P330+P331 – IF SWALLOWED: Rinse mouth. Do NOT induce vomiting.

P303+P361+P353 – IF ON SKIN: Take off immediately all contaminated clothing. Rinse skin with water/shower.

P304+P340 - IF INHALED: Remove person to fresh air and keep comfortable for breathing.

P305+P351+P338 – IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing.

P310 – Immediately call a POISON CENTRE/doctor… manufacturer specifies.

P321 – Specific treatment (see…on this label).

P363 – wash contaminated clothing before reuse.

P390 – Absorb spillage to prevent material damage.

P406 – Store in a corrosive resistant container with resistant liner.

Symbol:

What types of products are affected by the UK CLP Regulation?

The UK CLP Regime applies to all substances and mixtures imported, manufactured, or sold in the UK, unless otherwise exempted. Examples of products regulated under CLP are paints, detergents, glues, spray paints and pesticides.

Exemptions from the requirements include where substances and mixtures are in the below forms, provided they are in a finished state and intended for the final user:

• Food and feeding stuffs
• Cosmetics
• Medical devices (human)
• Medicinal products (human and veterinary)

To determine if your product is regulated under the UK CLP Regulation we recommend you take the following steps:

• Contact the manufacturer and ask if the product is regulated under DPD or the UK CLP Regulation.
• Check the Safety Data Sheet (SDS) (previously also known as Material Safety Data Sheet (MSDS)) or the label of the product to determine if there are CLP classifications on it. If you do not have an SDS for the product, the manufacturer or your supplier should have the document available.

When does the UK CLP Regulation come into force?

As of 1 January 2020 (currently the first day of the post-transition period), the EU CLP will be replaced in Great Britain by the UK CLP Regime.

Does the UK CLP Regulation apply to sellers?

Yes, as a seller it is your responsibility that your products are compliant with the UK CLP Regime.

What EU CLP Regulation regulated products are prohibited for Fulfilment by Amazon?

Products which bear any of the following CLP hazard statements are prohibited for Fulfilment by Amazon:

Are there any products Amazon previously accepted, but under the UK CLP Regulation are now prohibited for Fulfilment by Amazon?

Yes, there are six DPD codes transitioning to the UK CLP Regime which are not accepted in Fulfilment by Amazon: DPD codes R18, R31, R32, R33, R64, and R65 will transition to CLP codes EUH018, EUH031, EUH032, H373, H362, and H304 which are prohibited in FBA (see affected risk phrases above). Please ensure you immediately discontinue sending these products into FBA.

What are Amazon’s additional requirements for sellers in relation to the EU CLP Regulation?

It is seller’s responsibility to provide accurate and complete product information, including warning messages in the format we require. In order to add applicable warnings to your product listings, you should do the following:

Determine if the UK CLP Regulation applies to your product. This may inter alia be verified by contacting the manufacturer or checking the product labelling.

If your products are regulated under the UK CLP Regulation, verify that your products are eligible for sale on Amazon. If you want to use FBA, provide us with the completed ‘Product Compliance’ template that is available here.

What happens if I send products to Amazon’s fulfilment centres which are prohibited in FBA?

You must not ship prohibited products into FBA. Amazon may at your cost and without compensation to you dispose of units regulated under the UK CLP Regulation and prohibited for FBA.

Where can I find additional information?

We encourage you to visit the UK Health and Safety Executive (HSE) for more information on the UK CLP Regime.

• HSE: http://www.hse.gov.uk/chemical-classification/legal/clp-regulation.htm

Product Compliance File

The Product Compliance template contains 5 tabs:

• Instructions: This tab will give you some useful information about how to use the UK Compliance data feed template.
• Data Definitions: This tab will identify necessary information and format.
• Template: This is the template that you shall complete.
• Example: This tab provides an example of how to complete the information.
• Valid values: This tab contains the full list of acceptable values. You will be required to enter the full wording.

Note that out of the 586 acceptable values, 41 values require additional information that may vary from one product to the other.

Example:

Let us take the safety phrase P261 that corresponds to ‘Avoid breathing …’: You will be required to enter an additional value like ‘gas’, in order to complete the phrase. If you miss entering the value, your upload will fail.

Once completed, upload your Product Compliance template in Seller Central.

In addition, when using FBA, you must submit for CLP regulated products the MSDS/SDS or an MSDS exemption sheet as applicable to Amazon. You can upload the MSDS or SDS using this link.

The upload takes 3 steps:

1. List all ASINs above which are concerned by the Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) (up to 10).
2. Choose the respective EU Marketplace.
3. Attach your SDS using the Browse button and then click Continue. If there is more than one SDS for a product, all SDS have to be grouped in a single .zip file before uploading.

Repeat this operation as many times as necessary (once per SDS).

Northern Ireland

Note that different rules will apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:

• You should ensure that products meet applicable EU REACH and CLP requirements.
• You should ensure that ECHA has been notified, as required by EU REACH and CLP.
• Northern Ireland businesses that are currently downstream users or distributors may have obligations in relation to chemicals traded from GB to NI.
• Northern Ireland businesses may also have obligations to notify GB authorities if placing highly regulated goods in GB.
• “Qualifying Northern Ireland goods” will be able to be sold in GB under unfettered access rights. The UK Government is issuing guidance on how this will work.

BREXIT: UK Government Guidance

The UK Government has released guidance on the sale of chemicals in the UK from 1 January 2021, including on REACH and CLP (as well as Biocides, Prior Informed Consent and Pesticides or Plant Protection Products).

We encourage you to review this guidance (linked below), alongside any other specific UK Government Guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from 1 January 2021.

• https://www.hse.gov.uk/brexit/chemicals-brexit-guidance.htm
• https://www.hse.gov.uk/brexit/reach-guidance.htm
• https://www.hse.gov.uk/brexit/clp.htm
• https://www.hse.gov.uk/brexit/clp-ni.htm