Information on the sale of Chemicals - REACH and CLP

It is your responsibility to comply with REACH. This material is for informational purposes only. It is not intended as legal advice. We encourage you to consult your legal counsel if you have questions about the laws and regulations concerning your product.

General information

EU Requirements

Regulation (EC) No 1907/2006 (the “EU REACH Regulation”) applies to the sale of chemicals and their safe use in the EU. It deals with the registration, evaluation, authorisation and restriction of chemical substances. Under the EU REACH regulation, manufacturers and importers are generally required to collect information on the properties of chemical substances present in their products, which could be subject to registration, authorisation, restrictions or information provision requirements. In addition, distributors can also be subject to REACH restrictions and information provision requirements.

In addition to the EU REACH Regulation, products sold in the EU that contain relevant chemicals may also be subject to the Regulation for Classification, Labelling and Packaging of Substances and Mixtures (“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). The GHS pictograms can be found here.

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 REACH Regulation and 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

Regulations for the sale and safe use of chemicals

From 1 January 2021, an amended version of the REACH Regulation apply to chemicals as a result of the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019/758 (the “UK Regulation on Chemicals”). Different rules apply to goods you sell in:

1. Great Britain (England, Scotland and Wales)
2. Northern Ireland

Changes in requirements from 1 January 2021 have been explained below.

Classification, Labelling and Packaging requirements

From 1 January 2021, an amended version of the EU CLP Regulation apply as a result of the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019/720 (the “UK CLP Regime”). We have noted below where there will be relevant changes in the requirements from 1 January 2021.

There are certain other mandatory labelling requirements that you must 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 Reach Regulation, the EU CLP, and with other national requirements in the relevant countries.

Please see below for more information about UK requirements.

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. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you from 1 January 2021.

EU REACH Regulations

General information

REACH applies to all chemical substances and mixtures manufactured in or imported into the EEA (European Economic Area: all the member states of the EU plus Norway, Iceland and Liechtenstein), including articles containing certain dangerous or hazardous chemical substances or mixtures.

Authorisation (Annex XIV)

Particularly hazardous chemical substances cannot be used in the EEA unless they have been authorized for that particular use. These chemical substances are listed in Annex XIV of the EU REACH Regulation. They are also added to REACH’s Annex XIV Authorisation List, which is available on the European Chemicals Agency (ECHA) website (see Additional Information below).

Restriction (Annex XVII)

Use of certain hazardous chemical substances is restricted, including limits or banning the manufacture, sale or use in the EEA. This includes restrictions for use as a substance, in mixtures and articles. A complete list of restrictions can be found in Annex XVII of the EU REACH Regulation and is available on the European Chemicals Agency (ECHA) website. (see Additional Information below).

Registration

Manufacturers and importers are generally responsible for the registration of the substances they manufacture or import above a certain threshold (1000 kg per year). The registration includes collecting information on the properties and uses of the substance to be registered.

Provision of Information

Manufacturers, importers and distributors are all generally responsible for communicating information about hazardous products up and down the supply chain in certain situations, which may include the provision of a Safety Data Sheet (SDS) for certain hazardous substances and mixtures.

Any presence of a “candidate list” substance (also known as a Substance of Very High Concern (SVHC)) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge).

It is your responsibility to provide accurate and complete product information about REACH-regulated products. If your products are regulated under the EU REACH Regulation, you must verify that your products are eligible for sale in the EEA and provide us with the most up-to-date SDS.

Any presence of a “candidate list” substance (also known as a Substance of Very High Concern (SVHC)) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge).

It is your responsibility to provide accurate and complete product information about REACH-regulated products. If your products are regulated under the EU REACH,Regulation, you must verify that your products are eligible for sale in the EEA and please provide us with the most up-to-date SDS.

Professional Use Only Chemicals

Amazon does not allow the sale of professional use only chemicals. Please check with the manufacturer/SDS or product label to see if your product is professional use only. In the event that chemicals for professional use only are received at an Amazon Fulfilment Centre (FC), Amazon may, at your cost and without compensation, dispose of the units.

UK Regulations on Chemicals

General information

REACH applies to all chemical substances and mixtures manufactured in or imported into the UK but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland, including articles containing certain dangerous or hazardous chemical substances or mixtures. You can read more about the position in Northern Ireland (“NI”) below.

Authorisation

Particularly hazardous chemical substances cannot be used in GB unless they have been authorized for that particular use. These chemical substances are listed in Annex XIV of the EU REACH Regulation and UK Regulation on Chemicals.

Restriction

Use of certain hazardous chemical substances is restricted, including limits or banning the manufacture, sale or use in GB. This includes restrictions for use as a substance, in mixtures and articles. A complete list of restrictions can be found in Annex XVII of the EU REACH Regulation and UK Regulation on Chemicals.

Registration

Manufacturers and importers are generally responsible for the registration of the substances they manufacture or import above a certain threshold (1000 kg per year). The registration includes collecting information on the properties and uses of the substance to be registered. From 1 January 2021, manufacturers and importers are required to register new chemicals with the Health and Safety Executive.

Provision of Information

Manufacturers, importers and distributors are all generally responsible for communicating information about hazardous products up and down the supply chain in certain situations, which may include the provision of a Safety Data Sheet (SDS) for certain hazardous substances and mixtures.

Any presence of a “candidate list” substance (also known as a Substance of Very High Concern (SVHC)) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge).

It is your responsibility to provide accurate and complete product information about REACH-regulated products. If your products are regulated under the UK Regulation on Chemicals (after that date), you must verify that your products are eligible for sale in the UK and provide us with the most up-to-date SDS.

Any presence of a “candidate list” substance (also known as a Substance of Very High Concern (SVHC)) in an article in a concentration above 0.1% by weight must be actively communicated to the downstream user of the product. The communication must include safe use information for the article, with as a minimum, the name of the particular SVHC. Where the recipient of the article is a final consumer, this safe use information only needs to be provided upon request (within 45 days and free of charge).

It is your responsibility to provide accurate and complete product information about REACH-regulated products. If your products are regulated under the UK regulation on chemicals, you must verify that your products are eligible for sale in the UK and please provide us with the most up-to-date SDS.

Professional Use Only Chemicals

Amazon does not allow the sale of professional use only chemicals. Please check with the manufacturer/SDS or product label to see if your product is professional use only. In the event that chemicals for professional use only are received at an Amazon Fulfilment Centre (FC), Amazon may, at your cost and without compensation, dispose of the units.

We strongly encourage you to review the following guidance for more information on REACH.

• UK REACH Helpdesk, http://www.hse.gov.uk/reach/helpdesk.htm
• All EU National helpdesks for REACH Regulations, https://echa.europa.eu/support/helpdesks
• European Chemicals Agency (ECHA) on REACH, https://echa.europa.eu/regulations/reach/understanding-reach

EU CLP Regulation

Application

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 CLP are paints, detergents, glues, spray paints and pesticides.

There are certain exemptions to the regulation for the following materials in their finished state only and intended for the final user:

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

You may use substances or mixtures to produce things that have a special shape, surface or design. When the special shape, surface or design determines the function to a greater degree than the chemical composition, these are called “articles” under the legislation. Examples of articles are: bicycles, guitars, batteries, T-shirts, and CDs. The EU CLP Regulation does not apply to most articles (except: (1) explosive articles (as described in section 2.1 of Annex I); or (2) where the substances contained in the article need to be registered or notified under Articles 7 or 9 of the EU Reach Regulation).

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

• Contact the manufacturer and ask if the product is regulated under the CLP.
• 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.

Chemicals Prohibited from Amazon Fulfilment Centre (FC)

You must not ship any products to Amazon that are prohibited from entering an FC. Amazon may at your cost and without compensation to you, dispose of any such units. Please note that products classified, labeled and packed in accordance with outdated legislation (such as the Dangerous Preparations Directive and Dangerous Substances Directive) cannot be accepted at Amazon FCs.

Products which bear any of the following CLP hazard (H) or precautionary (P) statements are prohibited from entering an Amazon FC:

EUH001	Explosive when dry
EUH006	Explosive with or without contact with air
EUH014	Reacts violently with water
EUH018	In use may form flammable/explosive vapour-air mixture
EUH019	May form explosive peroxides
EUH029	Contact with water liberates toxic gas
EUH031	Contact with acids liberates toxic gas
EUH032	Contact with acids liberates very toxic gas
EUH044	Risk of explosion if heated under confinement
EUH059	Hazardous to the ozone layer
H200	Unstable explosive
H201	Explosive; mass explosion hazard
H202	Explosive; severe projection hazard
H203	Explosive; fire, blast or projection hazard
H240	Heating may cause an explosion
H241	Heating may cause a fire or explosion
H250	Catches fire spontaneously if exposed to air
H251	Self-heating; may catch fire
H252	Self-heating in large quantities; may catch fire
H260	In contact with water releases flammable gases which may ignite spontaneously
H261	In contact with water releases flammable gas
H300	Fatal if swallowed
H301	Toxic if swallowed
H304	May be fatal if swallowed and enters airways
H310	Fatal in contact with skin
H311	Toxic in contact with skin
H330	Fatal if inhaled
H331	Toxic if inhaled
H340	May cause genetic defects
H341	Suspected of causing genetic defects
H350	May cause cancer
H351	Suspected of causing cancer
H360	May damage fertility or the unborn child
H361	Suspected of damaging fertility or the unborn child
H362	May cause harm to breastfed children
H370	Causes damage to organs
H371	May cause damage to organs
H372	Causes damage to organs through prolonged or repeated exposure
H373	May cause damage to organs through prolonged or repeated exposure
P222	Do not allow contact with air
P223	Keep away from any possible contact with water, because of violent reaction and possible flash fire
P230	Keep wetted with (insert manufacturer specification)
P231	Handle under inert gas
P406	Store in a corrosive resistant (insert manufacturer specification) container with a resistant inner liner
P407	Maintain air gap between stacks/pallets

Special Packaging Rules

It is your responsibility to comply with the special packaging rules in the EU CLP regulation for tactile warnings and child-resistant fastenings for all applicable products.

CLP Product Labelling

It is your responsibility to ensure that your CLP-regulated products are labelled appropriately (including the relevant hazard (H) statements, precautionary (P) statements and/or pictograms) and that all such product information is available on the label in the official language of the Member State(s) where you offer your product for sale or supply.

Product Listings

It is your responsibility to provide accurate and complete product information, including applicable warning messages as required by the CLP regulation. 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 be verified by contacting the manufacturer or checking the product labelling.
• If your products are regulated under EU CLP Regulation, verify that your products are eligible for sale on Amazon and, if you want to list them, please provide us with the most updated SDS when setting up a new item.
• Please also provide us with high-quality pictures of your product clearly showing all applicable warnings.

UK CLP Regime

Application

The EU CLP Regulation and the UK CLP Regime apply 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.

The provisions apply differently to:

1. Great Britain (England, Scotland and Wales
2. Northern Ireland

You can read more about the position in Northern Ireland ("NI”) below.

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

• Articles ( including products with non-accessible hazardous chemical substances and mixtures, such as, batteries)
• Food and feeding stuffs
• Cosmetics
• Medical devices (human)
• Medicinal products (human and veterinary)

You may use substances or mixtures to produce things that have a special shape, surface or design. When the special shape, surface or design determines the function to a greater degree than the chemical composition, these are called “articles” under the legislation. Examples of articles are: bicycles, guitars, batteries, T-shirts, and CDs. The EU CLP Regulation or the UK CLP Regime does not apply to most articles (except: (1) explosive articles (as described in section 2.1 of Annex I); or (2) where the substances contained in the article need to be registered or notified under Articles 7 or 9 of the EU Reach Regulation).

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

• Contact the manufacturer and ask if the product is regulated under the CLP.
• 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.

Chemicals Prohibited from Amazon Fulfilment Centre (FC)

You must not ship any products to Amazon that are prohibited from entering an FC. Amazon may at your cost and without compensation to you, dispose of any such units. Please note that products classified, labeled and packed in accordance with outdated legislation (such as the Dangerous Preparations Directive and Dangerous Substances Directive) cannot be accepted at Amazon FCs.

Products which bear any of the following CLP hazard (H) or precautionary (P) statements are prohibited from entering an Amazon FC:

EUH001	Explosive when dry
EUH006	Explosive with or without contact with air
EUH014	Reacts violently with water
EUH018	In use may form flammable/explosive vapour-air mixture
EUH019	May form explosive peroxides
EUH029	Contact with water liberates toxic gas
EUH031	Contact with acids liberates toxic gas
EUH032	Contact with acids liberates very toxic gas
EUH044	Risk of explosion if heated under confinement
EUH059	Hazardous to the ozone layer
H200	Unstable explosive
H201	Explosive; mass explosion hazard
H202	Explosive; severe projection hazard
H203	Explosive; fire, blast or projection hazard
H240	Heating may cause an explosion
H241	Heating may cause a fire or explosion
H250	Catches fire spontaneously if exposed to air
H251	Self-heating; may catch fire
H252	Self-heating in large quantities; may catch fire
H260	In contact with water releases flammable gases which may ignite spontaneously
H261	In contact with water releases flammable gas
H300	Fatal if swallowed
H301	Toxic if swallowed
H304	May be fatal if swallowed and enters airways
H310	Fatal in contact with skin
H311	Toxic in contact with skin
H330	Fatal if inhaled
H331	Toxic if inhaled
H340	May cause genetic defects
H341	Suspected of causing genetic defects
H350	May cause cancer
H351	Suspected of causing cancer
H360	May damage fertility or the unborn child
H361	Suspected of damaging fertility or the unborn child
H362	May cause harm to breastfed children
H370	Causes damage to organs
H371	May cause damage to organs
H372	Causes damage to organs through prolonged or repeated exposure
H373	May cause damage to organs through prolonged or repeated exposure
P222	Do not allow contact with air
P223	Keep away from any possible contact with water, because of violent reaction and possible flash fire
P230	Keep wetted with (insert manufacturer specification)
P231	Handle under inert gas
P406	Store in a corrosive resistant (insert manufacturer specification) container with a resistant inner liner
P407	Maintain air gap between stacks/pallets

Special Packaging Rules

It is your responsibility to comply with the special packaging rules in the EU CLP Regulation and UK CLP Regime for tactile warnings and child-resistant fastenings for all applicable products.

CLP Product Labelling

It is your responsibility to ensure that your CLP-regulated products are labelled appropriately (including the relevant hazard (H) statements, precautionary (P) statements and/or pictograms) and that all such product information is available on the label in English.

Product Listings

It is your responsibility to provide accurate and complete product information, including applicable warning messages as required by the CLP regulation. 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 be verified by contacting the manufacturer or checking the product labelling.
• If your products are regulated under EU or UK regimes, verify that your products are eligible for sale on Amazon and, if you want to list them, please provide us with the most updated SDS when setting up a new item.
• Please also provide us with high-quality pictures of your product clearly showing all applicable warnings.

Northern Ireland

Please note that different rules 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 on the GB market.
• “Qualifying Northern Ireland goods” can 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.

• Chemicals industry: prepare for after the transition period
• Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) regulation at the end of the transition period
• Chemicals classification, labelling and packaging (CLP) after the transition period
• Chemicals classification, labelling and packaging (CLP) after the transition period (NI)

We strongly encourage you to review the following guidance for more information on the sale of chemicals in the EU.

You can visit the UK REACH Helpdesk and review UK Government guidance for more information on REACH and CLP, including the following websites

• All EU National helpdesks for REACH and CLP Regulations
• ECHA on REACH
• How to comply with REACH chemical regulations
• The CLP Regulation

We also encourage you to visit the Business Companion website, which contains guidance on UK product compliance rules:

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