Mixtures with confidential component substances
Under CHIP, and now under CLP, certain components in a mixture are allowed to use an alternative chemical name, and to omit the identification numbers from the SDS, so that the confidentiality of the mixture recipe can be maintained.
However, the % w/w (actual, or in a range), and the CLP classification of the confidential component must still be published on the SDS, to enable anyone using the mixture in a new mixture to classify their new mixture accurately for CLP.
Confidentiality claims for component substances in mixtures were previously made through each countries Competent Authority, under the provisions of the Dangerous Preparations Directive (enacted as part of CHIP in the UK). Claims are now made under the provisions of CLP Article 24 via ECHA, see https://echa.europa.eu/alternative-chemical-name-in-mixtures , and a fee is charged.
The good news is that confidentiality claims accepted under DPD are still valid. Don’t forget that you only need to claim confidentiality for a substance in a mixture if it needs to be identified on the Safety Data Sheet, check here for details https://ttenvironmenta.wpengine.com/clp-knowledgebase/section-3-of-the-sds/ .
Under CLP, you can only use an alternative chemical name for substances where:
- the substance does not have a European Workplace Exposure Limit
- the classification exclusively comprises one or more of these:
- any physical hazards
- Acute toxicity, Category 4 (H302, H312, H332)
- Skin corrosion/irritation, Category 2 (H315)
- Serious eye damage/eye irritation, Category 2 (H319)
- Specific target organ toxicity — Single exposure, Category 2 or 3 (H371, H335, H336)
- Specific target organ toxicity — Repeated exposure, Category 2 (H373)
- Hazardous to the aquatic environment — Chronic, Category 3 or 4 (H412, H413)
To help you work out whether or not you can use an alternative chemical name for your substance, and if you can, whether it needs to be identified on the label, see Mixtures labelling and confidentiality .
If you are intending to claim that a component substance in a mixture should use an alternative name, and not have any identifying numbers attached to it, don’t forget to display the % w/w on the SDS as part of a range, rather than as an exact amount.