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:
Changes in requirements from 1 January 2021 are explained below.
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.
Note that different rules apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
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.