This material is for informational purposes only and you should not take it as a substitute for legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations concerning your product. This material only reflects the position at the date of writing and requirements across the EU and in the UK may change. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you from 1 January 2021.
Classification, Labelling and Packaging requirements
From 1 January 2021, an amended version of the EU CLP Regulation applies as a result of the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019/720 and other statutory instruments (the “UK CLP Regime”). We have noted below where there will be relevant changes in the requirements from 1 January 2021.
There are certain other mandatory labelling requirements that you must comply with, including for example, labelling the hazardous substances with the supplier’s name, address and telephone number.
It is your responsibility to comply with the UK requirements if you sell products containing relevant chemicals in the UK. If you also sell products containing relevant chemicals on Amazon EU website(s), then you must also comply with the EU Reach Regulation, the EU CLP, and with other national requirements in the relevant countries.
The UK CLP Regime applies to all substances and mixtures imported, manufactured, or sold in the UK, unless otherwise exempted. Examples of products regulated under CLP are paints, detergents, glues, spray paints and pesticides.
The provisions apply differently to:
You can read more about the position in Northern Ireland ("NI”) below.
There are certain exemptions to the regulation for the following materials in their finished state only:
You may use substances or mixtures to produce things that have a special shape, surface or design. When the special shape, surface or design determines the function to a greater degree than the chemical composition, these are called “articles” under the legislation. Examples of articles are: bicycles, guitars, batteries, T-shirts, and CDs. The EU CLP Regulation or the UK CLP Regime does not apply to most articles (except: (1) explosive articles (as described in section 2.1 of Annex I); or (2) where the substances contained in the article need to be registered or notified under Articles 7 or 9 of the EU Reach Regulation).
To determine if your product is regulated under CLP we recommend you take the following steps:
You must not ship any products to Amazon that are prohibited from entering an FC. Amazon may at your cost and without compensation to you, dispose of any such units. Note that products classified, labeled and packed in accordance with outdated legislation (such as the Dangerous Preparations Directive and Dangerous Substances Directive) cannot be accepted at Amazon FCs.
Products which bear any of the following CLP hazard (H) or precautionary (P) statements are prohibited from entering an Amazon FC:
|EUH001||Explosive when dry|
|EUH006||Explosive with or without contact with air|
|EUH014||Reacts violently with water|
|EUH018||In use may form flammable/explosive vapour-air mixture|
|EUH019||May form explosive peroxides|
|EUH029||Contact with water liberates toxic gas|
|EUH031||Contact with acids liberates toxic gas|
|EUH032||Contact with acids liberates very toxic gas|
|EUH044||Risk of explosion if heated under confinement|
|EUH059||Hazardous to the ozone layer|
|H201||Explosive; mass explosion hazard|
|H202||Explosive; severe projection hazard|
|H203||Explosive; fire, blast or projection hazard|
|H240||Heating may cause an explosion|
|H241||Heating may cause a fire or explosion|
|H250||Catches fire spontaneously if exposed to air|
|H251||Self-heating; may catch fire|
|H252||Self-heating in large quantities; may catch fire|
|H260||In contact with water releases flammable gases which may ignite spontaneously|
|H261||In contact with water releases flammable gas|
|H300||Fatal if swallowed|
|H301||Toxic if swallowed|
|H304||May be fatal if swallowed and enters airways|
|H310||Fatal in contact with skin|
|H311||Toxic in contact with skin|
|H330||Fatal if inhaled|
|H331||Toxic if inhaled|
|H340||May cause genetic defects|
|H341||Suspected of causing genetic defects|
|H350||May cause cancer|
|H351||Suspected of causing cancer|
|H360||May damage fertility or the unborn child|
|H361||Suspected of damaging fertility or the unborn child|
|H362||May cause harm to breastfed children|
|H370||Causes damage to organs|
|H371||May cause damage to organs|
|H372||Causes damage to organs through prolonged or repeated exposure|
|H373||May cause damage to organs through prolonged or repeated exposure|
|P222||Do not allow contact with air|
|P223||Keep away from any possible contact with water, because of violent reaction and possible flash fire|
|P230||Keep wetted with (insert manufacturer specification)|
|P231||Handle under inert gas|
|P406||Store in a corrosive resistant (insert manufacturer specification) container with a resistant inner liner|
|P407||Maintain air gap between stacks/pallets|
It is your responsibility to comply with the special packaging rules in the UK CLP Regime for tactile warnings and child-resistant fastenings for all applicable products.
It is your responsibility to ensure that your CLP-regulated products are labelled appropriately (including the relevant hazard (H) statements, precautionary (P) statements and/or pictograms) and that all such product information is available on the label in English.
It is your responsibility to provide accurate and complete product information, including applicable warning messages as required by the CLP regulation. In order to add applicable warnings to your product listings, you should do the following:
Note that different rules apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
The UK Government has released guidance on the sale of chemicals in the UK from 1 January 2021, including on REACH and CLP (as well as Biocides, Prior Informed Consent and Pesticides or Plant Protection Products).
We encourage you to review this guidance (linked below), alongside any other specific UK Government Guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from 1 January 2021.
We strongly encourage you to review the following guidance for more information on the sale of chemicals in the EU.
You can visit the UK REACH Helpdesk and review UK Government guidance for more information on REACH and CLP, including the following websites