Articles containing CLP products
Substances and mixtures in articles can be present in four main ways:
- designed to be released from an article, e.g. from a wet wipe, or sponge, or ink from a pen
- sealed in the article, and only released in an accident, e.g. acid in a battery
- incorporated into the physical matrix of an article, and only capable of being released if the article is damaged (eg chewed by a small child), e.g. incorporated into plastic
- incorporated into the physical matrix of an article and not able to be released
Classification, labelling and SDSs of articles
Where liquid, solid or gas is designed to be release from an article, the released material is classifiable under CLP as a product (substance or mixture) in its own right, and the article and packaging will require labelling as such. An SDS may also be required. (Note that for an impregnated item like a wet wipe, the classification is made on mass of the released liquid alone, and the mass of the paper wipe is not included).
The components of the released product will be required to be notified to the C&L inventory, and where an individual substance is imported into the EU at 1 tonne per annum or more, this will trigger the obligation to register for REACH.
Where liquid is sealed into an article, this will also have the same obligations as above, that is it needs to be classified and the article labelled, an SDS provided if required, and REACH obligations may be incurred where the liquid is imported into the EU.
Where a substance is incorporated into the physical matrix of an article and can be released when the product is damaged (e.g. through chewing), this may not require classification and labelling, but some indication of the dangers present may be required. In this situation, it is likely that expert advice may be required. If the article contains one or more SVHCs on the Candidate list, notification to ECHA may be required (see below).
Where a substance is incorporated into the physical matrix of an article and cannot be released, even when the article is damaged, classification and an SDS is unlikely to be required, and notification to ECHA is not required.
Notification of SVHC substances in articles
Producers or importers of articles have to notify ECHA if their article contains a substance on the Candidate List.
This obligation applies if the substance is present in those articles in quantities totalling over one tonne per producer or importer per year and if the substance is present in those articles above a concentration of 0.1% (w/w).
However, this is not required:
- where the total SVHC imported is less than 1 tonne per annum
- where humans and the environment will not be exposed to the SVHC during use and disposal of the article (although appropriate instructions shall be supplied to the article recipient)
- the substance has already been registered for that use
For more information on notifying substances in articles to ECHA, see https://echa.europa.eu/regulations/reach/candidate-list-substances-in-articles/notification-of-substances-in-articles .