Products not covered by CLP

There are certain scenarios where CLP is not used because other legislation is in place to describe the hazards. These include:

• radioactive substances and mixtures (Directive 96/29/Euroatom); (TTE note, also covered by Transport regulations)
• substances and mixtures which are subject to customs supervision, provided that they do not undergo any treatment or processing, and which are in temporary storage, or in a free zone or free warehouse with a view to re-exportation, or in transit (covered by Transport);
• non-isolated intermediates;
• substances and mixtures used in scientific experimentation, analysis or chemical research, provided they are not placed on the market and they are used under controlled conditions in accordance with EU workplace and environmental legislation; (e.g. under a PPORD exemption)
• waste, as defined in Directive 2006/12/EC; (covered by Waste Regulations)
• certain substances or mixtures in the finished state, intended for the final user:
  • medicinal products, as defined in Directive 2001/83/EC,
  • veterinary medicinal products, as defined in Directive 2001/82/EC,
  • cosmetic products, as defined in Directive 76/768/EEC
  • medical devices as defined in Directive 90/385/EEC (active implantable medical devices) and 93/42/EEC27 (medical devices in general), which are invasive or used in direct physical contact with the human body, and in vitro diagnostic medical devices (Directive 98/79/EC), and
  • food or feeding stuffs as defined in Regulation 178/2002, including when they are used as food additives within the scope of Directive 89/107/EEC, as a flavouring in foodstuffs within the scope of Directive 88/388/EEC and Decision 1999/217/EC, as an additive in feeding stuffs within the scope of Regulation (EC) 1831/2003, and in animal nutrition within the scope of Directive 82/471/EEC.

(Extract in bullet points © ECHA 2015, taken from Guidance on the Application of the CLP Criteria Version 4.1 – June 2015).

Some of these materials may have mandatory labels describing their hazards which are not CLP labels, eg medicines, vet medicines and cosmetics.  The CLP Knowledgebase does not currently cover these regulations.

Detergents, Explosives, Biocides and Plant Protection Products (pesticides),  have labels with CLP information and extra mandatory information to describe their hazards.  These regulations are all discussed briefly in “Hazard Communication for Special Cases”:

• Detergents
• Explosives
• Biocides
• Pesticides, including plant protection products

How do you tell if a product is a cosmetic, food, medicine etc?

The following products may have extra labelling and/or SDS requirements:

• medicinal products
• veterinary medicinal products
• cosmetic products
• medical devices
• food or feeding stuffs

The first step in checking whether a product comes under one of these definitions is to find out what it is used for (its end uses).  If you are selling a finished product or intermediate for finished products with these types of function, then it is possible that your product will be liable. However, the liability will only cover the product used for the specific function – if you are also selling it as a general industrial chemical as well, then this will only be covered by the requirements of CLP.

Once you have identified that some of your product may used in these types of product, you should review the requirements of the appropriate directive (listed above), to see whether your product does meet the legal definition(s), and what the requirements are.