Reactions to chemicals
October 1st 2009

The IntertechPira Cleaning Products Europe conference was held in Brussels in October. Chemicals was a big topic of discussion among participants, with a focus on regulation. Gerardine Coyne reports

The classification of chemicals has a ripple effect on a range of areas – from supply chain, down to the type of personal protective equipment needed for the user. The Globally Harmonised System (GHS) is an international system to unify the classification of hazardous chemicals. Its objectives are firstly the worldwide harmonisation of different classification and labelling systems of preparations and substances, and secondly to offer a system to countries that do not have one at present. It is also used to classify hazardous substances handled in the workplace or by consumers, and substances handled in transport. GHS expert, Bernd Glassl, of IKW,Germany, talked the attendees through the changes and problems expected with Classification and Labelling Regulations (CLP).

X marks the spot

Most people are familiar with the black cross inside the orange box which indicates that a substance is Harmful or an Irritant, and the skull and crossbones which indicates that a substance is Toxic or Very Toxic.However, the categories Very Toxic, Toxic, Harmful and No Label will be changing to Danger Category 1, 2 and 3, and Warning. This is because the amount of 'harmful' ingredient allowed in a product has been further restricted, resulting in an updated classification system.

For example a product previously classed as No Label in the old system could contain up to 5% of a substance corrosive or irritative to skin. In the future any substance that contains more than 1% will be labelled as Warning, and only products that contain less than 1% will remain unlabelled. For products corrosive or irritative to eyes, previously up to 10% of an irritant substance was allowed.This will be reduced to 3% and under. If it is over 3% the substance will have a Danger label.

These changes will affect the labelling of everyday cleaning products. Drain cleaners, toilet cleaners, dishwashing formulas, special cleaners and heavy duty detergents will all now be labelled Corrosive. All purpose cleaners, glass cleaners and softeners will be labelled Non Corrosive. Under the old rules, all of these products would have been labelled with the black cross and classified as Harmful, with the exception of drain cleaner which was labelled Corrosive. Glassl says the problem is that the new CLP concentration limits may not reflect the severity of the effects, i.e., they paint a blacker picture than what would actually happen, should there be misuse. "There is now a potential problem with over labelling,meaning over cautious labelling.We say that concentration limits need to be realistic," says Glassl."This is very important for SMEs (small and medium sized enterprises).However, this cannot be changed at an EU level, it needs to be considered at a UN level."

Out of REACH?

In order to label substances, it needs to be known what is in them. REACH deals with the Registration, Evaluation,Authorisation and Restriction of Chemical substances.The new law entered into force on 1 June 2007.The aim of REACH is to improve the protection of human health and the environment through the identification of the intrinsic properties of chemical substances. Innovative capability and competitiveness of the EU chemicals industry should be enhanced. However, as Dr Joanna Lloyd, director of Reachready UK, revealed in her presentation,many companies missed the pre-registration for REACH last year, so businesses should be checking that their suppliers are abiding by REACH.

Every company that has pre-registered a substance is now in a Pre-SIEF (Substance Information Exchange Forum) discussion group with companies that also preregistered that same substance, for example, ethanol.The group has to come together to agree test data, and agree and apportion costs and further tests. Lloyd said that currently any disagreements centred around companies sharing information and working together, not chemical safety issues. However, 9000 substances are produced and used in the EU, and anyone who imports or manufactures over 1000 tonnes of a substance has to have registered by December 2010."If your supplier has not registered," says Lloyd, "you have a problem.You are part of the supply chain and your procurement teams should be confirming that procedure is being followed."

The irony is that there have been lots of pre-cautionary preregistrations, but only around 30% of those companies really have the need says Lloyd.These companies are delaying the process and want to know what's going on,'just in case'. If you are aiming for the 2010 registration, the SIEF you belong to should have established a facilitator and rules of procedure."Do not be complacent,"warns Lloyd.

A matter of substance

The main question companies should ask is,'Can we support this particular substance in this formulation?' If a substance appears on the Candidate List for Substances of Very High Concern for authorisation, (a list published by the European Chemicals Agency and due to be updated in November 2009), there are obligations on an article containing above 0.1% (w/w) of that CL substance. EU or EEA suppliers of those articles have to provide sufficient information, available to them, to their customers or upon consumer request within 45 days of the receipt of the request.This information must ensure safe use of the article and contain the name of the substance.

"Any of us could go to a retailer and say,'Does this product contain a substance on the CL?', and demand a response within 45 days," says Lloyd."For retailers this is now a brand issue." Retailers will want to know exactly what is in a product, and if it does contain a CL substance, there will be pressure on the supplier to phase it out. "Nobody can do REACH for you," ends Lloyd, "but everybody needs a plan."

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