The growing consumer interest in home fragrance products (such as essential oils, scented candles or diffusers) is driving dynamic growth in this market segment. Although many of these products are intended for consumer use and may appear safe, they are still subject to chemical regulations, including the REACH and CLP Regulations.

In practice, this means that even fragrance products that seem harmless may require, among others, hazard classification, PCN notification, assignment of a UFI code and – in many cases – the creation of safety data sheets (SDS).

Obligations under CLP – Classification, Labelling and UFI Code

The first step in assessing the obligations of a manufacturer or importer of a fragrance product is to analyse its composition and classify the mixture. Although many of these products are associated with nature and relaxation, they often contain substances classified as hazardous, such as skin allergens or substances dangerous to the environment.

For such products, the following obligations arise:

• appropriate labelling in accordance with CLP,

• notification to the PCN portal and assignment of a UFI code, if the product poses a health hazard or has hazardous physicochemical properties (e.g. flammable),

• notification of relevant substances to the C&L inventory in accordance with Article 40 of the CLP Regulation – in case of import.

Safety Data Sheets and Consumer Products – When Are They Required?

The Regulation states that:

The safety data sheet need not be supplied where hazardous substances or mixtures offered or sold to the general public are provided with sufficient information to enable users to take the necessary measures as regards the protection of human health, safety and the environment, unless requested by a downstream user or distributor. 

According to Article 31(4) of the REACH Regulation, for products intended solely for consumer use, there is therefore no de jure obligation to provide a safety data sheet, provided that:

• the product is delivered directly to the consumer,

• the recipient is not a distributor or downstream user,

• we do not employ workers who come into contact with the product.

Instead of an SDS, the supplier must provide sufficient information on the label regarding safe use – which is achieved through CLP labelling.

Creating Safety Data Sheets – When Is It Worth Doing Even If Not Mandatory?

Although the regulations allow for the sale of consumer products without an SDS, in practice, creating a safety data sheet for such products often proves beneficial for many reasons, including:

• many distributors or downstream users require the SDS in order to ensure their workers have access to it (in line with Article 35 REACH),

• the SDS is useful when preparing a PCN notification, especially when filling in Section 11 (toxicological information),

• having an SDS facilitates communication along the supply chain and allows faster response to customer requirements.

Therefore, even if the regulations formally do not require the provision of a safety data sheet, preparing one can significantly increase company’s flexibility when placing a product on the market.

What Does This Mean in Practice?

➡ If you are planning to introduce home fragrance products to the market, it is worth:

• assessing the product’s composition and hazards,

• determining whether PCN notification and UFI code assignment will be required,

• deciding to create a safety data sheet, even if it is not formally obligatory.

This will help you avoid supply chain issues and better prepare for the requirements of distributors and business customers.

Do you want to make sure your safety data sheets are compliant with REACH and CLP?

Contact us – we will assist you in creating safety data sheets and handling PCN notifications.

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