Where supply chain communication is required without an SDS

There are some chemical products which do not require an SDS, but which still have supply chain communication requirements under Article 32 of REACH.  Similarly, under Article 33 of REACH, articles containing Authorised Substances have supply chain communication requirements.

REACH Article 32 products

REACH article 32 covers substances or mixtures which do not otherwise require an SDS and states that the following information must be communicated in the supply chain:

• the REACH registration number of any substance listed below (if the substance has been registered for REACH)
• if the substance is subject to authorisation, including any details of one granted or denied in this supply chain
• details of any Restriction imposed
• any other available and relevant information about the substance (or mixture) that is necessary to enable appropriate risk management measures to be identified and applied including specific conditions resulting from the application of Section 3 of Annex XI (i.e. information to do with P, vP, B, VB and T properties)

This information is subject to updating in the same way as an SDS is, that is:

• it must be supplied free of charge, in paper or electronic form, on or before the date of first supply (including supply of samples)
• it must be kept up to date if any new information on hazards or risk management measures becomes available; or if an authorisation is granted or refused; or if a restriction is imposed
• and the updated information must be provided free of charge to everyone who has been supplied to product within the past 12 months
• and any update after REACH registration must include the registration number

So even though an SDS is not mandatory for REACH Article 32 products, it makes sense to issue one voluntarily, and to keep the information on file in the same way as  mandatory SDS information.

Note that there is no specific details in the REACH regulation about keeping data for Article 32 products, but it is sensible to assume that the same requirements apply as for SDSs, that is the data must be kept on file for 10 years after the date of last supply of the product.

REACH Article 33 articles

REACH article 33 covers articles containing substances on the Authorisation List, (not the Candidate List).  Articles do not require SDSs. The communication requirements are:

1. A supplier of an article which contains 0.1% w/w or more of an Authorised substance shall “provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance”
2. Where a consumer is supplied with an article which contains 0.15 w/w or more of an Authorised substance, they can request information, and on that request, the supplier “shall provide the consumer with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance”.  The relevant information shall be provided free of charge within 45 days of the receipt of the request.

TT Environmental note: this information can be supplied on the label and does not necessarily need to be a separate document.