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This article applies to selling in: United Kingdom

REACH Regulation: UK

REACH Regulation: UK

UK Requirements

This material is for informational purposes only, and you should not take it as a substitute for legal advice. We encourage you to consult your legal adviser for any concerns about the laws and regulations relating to 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.

Regulations for the sale and safe use of chemicals

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

  • Great Britain (England, Scotland and Wales)
  • Northern Ireland

Changes in requirements from 1 January 2021 are explained below.

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, or “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.

Authorization

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

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 the UK REACH Regime.

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 about 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 an end 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 REACH Regime, you must verify that your products are eligible for sale in the UK and provide us with the most up-to-date SDS.

Professional Use Only Chemicals

Amazon does not allow the sale of professional use only chemicals. 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.

Northern Ireland

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 adviser if you have questions about how the laws and regulations apply to your products from 1 January 2021.

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