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Step by Step Interpretation of New GHS Marker Elements for EU Hazardous Mixtures -- UFI (Step 1)

Posted Date:2023/2/1 1

Starting from January 1, 2020, the Unique Recipe Identifier (UFI) is a new marking element that needs to be added to the existing hazardous mixture CLP/GHS label for consumer use.By 2025, UFI will become a mandatory requirement on the labels of all mixtures classified as health or physical hazards. Note: The first compliance date for hazardous mixtures for consumer use has been postponed from 1 January 2020 to 1 January 2021.

Not only does UFI require labelling, but it is also required in the European Union's Poison Centre Notification (PCN). Importers and downstream users are directly responsible for submitting a Poison Centre Notice (PCN) to the ECHA when placing hazardous mixtures (classified as hazardous substances based on their health or physical effects) on the EU market.

Therefore, I will make a detailed interpretation in seven steps, including the scope of UFI obligations, product portfolio, how to generate UFI and how to submit data.

Step 1: Commitment

To prepare, you need to address some basic considerations about your role in the market.

Am I affected?

The duty holders under article 45 refer to importers and downstream users who place dangerous mixtures on the market. In all cases, this obligation is assumed by the EU legal person, which means that the non-EU supplier of the mixture cannot substitute for the responsible person located in the EU. It must also be considered that the fulfilment of notification obligations is a prerequisite for placing the mixture on the market - which may be important in the absence of placing by the importer or downstream user.

For more information about the different actors in the supply chain and the activities that lead to the submission obligations, see the guide in Annex VIII.

Which mixtures do I need to submit information for?

This obligation applies to mixtures placed on the market classified as harmful to human health or body.

Please note that biocidal products and plant protection products fall within the provisions of this obligation and that the information submission requirements apply in addition to other obligations under the EU Biocidal Products Regulation (BPR) and the Plant Protection Products Regulation.

Which mixtures are exempt from tax?

The obligation to submit information does not apply to mixtures deemed harmful solely because of environmental hazards. Mixtures exempt from submission requirements also include:

▪ Radioactive mixture;

▪ Mixtures subject to customs control;

▪ Mixtures for research and development;

▪ Pharmaceuticals and veterinary drugs, cosmetics, medical devices and food and feed;

▪ Mixtures are classified only as pressurized gases and explosives.

Under the new rules, when do I have to provide information to the poison center?

For all "new" products that have not been notified under national regulations, you must submit the required information before placing the mixture on the market. Submissions shall be in a uniform format depending on the applicable date. The applicable date depends on the type of use of the mixture, i.e. the end user:

Jan 1, 2021: for consumer or professional use;

Jan. 1, 2024: For industrial use.

Mixtures may be subject to existing national requirements prior to these dates and responsible persons should contact the supplier's designated agency for additional information.

For more information on how to determine the type of mixture to use and the relevant applicable dates and information requirements, see my later article, Step 3.

What about my existing notice?

The good news to note here is that for all products that have been previously notified and are already on the market, such notices will remain in effect until 1 January 2025 or until changes are made to the product (for example, changes in mixture composition, toxicological properties or product identification).

a. If your product needs to submit an update as a result of a change, it must be done in the new uniform format - please note different dates of application depending on the type of use applicable.

b. If your product remains unchanged until January 1, 2025, you must still submit new content in a uniform format as no data migration is planned.

c. If your product is discontinued before the end of the transition period, there is no need to resubmit it.