Q.01

What must chemical hazard labels show in Great Britain?

Under GB CLP Article 17, a substance or mixture classified as hazardous and supplied in packaging shall carry a label with eight elements. The label shall be in English, and other languages may be added only if the same details appear in each one [1].

Approach: I read Title III (labelling, Articles 17-32) of the GB CLP Regulation, which is Regulation (EC) No 1272/2008 as it applies in Great Britain, in its revised text on legislation.gov.uk.

Mandatory label elements (Article 17(1))

  1. Supplier details: the name, address and telephone number of the supplier(s).
  2. Nominal quantity: required for packages made available to the general public, unless the quantity is shown elsewhere on the package.
  3. Product identifiers (Article 18).
  4. Hazard pictograms where applicable (Article 19).
  5. Signal word where applicable (Article 20).
  6. Hazard statements where applicable (Article 21).
  7. Precautionary statements where applicable (Article 22).
  8. Supplemental information section where applicable (Article 25).

[1]

What each element must contain

  • Product identifiers: The name used must match the one on the safety data sheet [2].
    • Substances: if the substance is on the GB mandatory classification and labelling list (GB MCL), use the name and identification number given there. Otherwise use the CAS number with the IUPAC name or another international chemical name. If there is no CAS number, use the IUPAC or international name.
    • Mixtures: the trade name or designation, plus every substance that contributes to these classifications: acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, respiratory or skin sensitisation, STOT, or aspiration hazard. A maximum of four chemical names is enough unless more are needed to show the nature and severity of the hazards [2].
  • Pictograms: They must meet Annex I section 1.2.1 and Annex V [3]. Precedence rules cut duplicates. For example, if GHS06 applies, GHS07 "shall not appear". If GHS05 applies, GHS07 shall not appear for skin or eye irritation [4].
  • Signal word: Use the one set by the classification. If "Danger" is used, "Warning" shall not appear [5].
  • Hazard statements: They must be worded as in Annex III. For a substance on the GB MCL, use the statements from its entry, plus statements for any other classification the entry does not cover [6]. All statements resulting from the classification must appear, unless there is evident duplication or redundancy [7].
  • Precautionary statements: Select them using the criteria in Annex IV Part 1 and word them as in Annex IV Part 2 [8].
    • No more than six, unless more are needed to reflect the nature and severity of the hazards.
    • Leave out any that are clearly redundant or unnecessary.
    • For products supplied to the general public, include one statement on disposal of the product and its packaging [9].
  • Supplemental information: [10]
    • Mandatory: statements for the Annex II physical and health properties, any supplemental statements in the GB MCL entry, and the plant protection statement for products under Regulation 1107/2009.
    • Mixtures containing hazardous substances: labelled under Annex II Part 2.
    • Prohibited: claims such as "non-toxic", "non-harmful", "non-polluting", "ecological", or anything else inconsistent with the classification, on the label or the packaging.

Presentation and layout

  • The label shall be firmly fixed to the packaging that immediately holds the product, and readable horizontally when the package is set down normally. The pictogram must stand out clearly [11].
  • The elements must be clearly and indelibly marked and easy to read. Pictogram and label sizes follow Annex I section 1.2.1 [11].
  • No separate label is needed if the elements are shown clearly on the packaging itself [11].
  • Pictograms, signal word, hazard statements and precautionary statements shall be placed together on the label. Supplemental information goes in its own section, next to the other elements [12].

Special cases and updates

  • Special labelling rules (Annex I section 1.3) apply to [13]:
    • gas cylinders, and propane, butane or LPG containers;
    • aerosols containing aspiration hazards;
    • massive metals, alloys, and mixtures containing polymers or elastomers;
    • explosives;
    • products that are corrosive to metals only.
  • Small or awkward packaging: label information may be given or reduced under Annex I section 1.5 [14].
  • Updating labels: [15]
    • "without undue delay" when a classification change makes the hazard more severe or adds new supplemental elements;
    • within 18 months for other changes;
    • pesticide and biocide labels follow their own regulations.
Q.02

How big must the labels be?

Under GB CLP, the minimum label size depends on how much the package holds. It runs from 52 × 74 mm "if possible" for packages of up to 3 litres to at least 148 × 210 mm for packages over 500 litres. Each hazard pictogram also has its own minimum size [16].

Approach: I read Annex I sections 1.2.1 (label and pictogram dimensions) and 1.5 (small-packaging exemptions) of the GB CLP Regulation, in its revised text on legislation.gov.uk.

Minimum dimensions (Annex I section 1.2.1.4, Table 1.3)

The label sizes cover the area for the Article 17 information.

Package capacityLabel (mm)Each pictogram (mm)
Up to and including 3 litresIf possible, at least 52 × 74If possible, at least 16 × 16, and never smaller than 10 × 10
More than 3 litres, up to and including 50 litresAt least 74 × 105At least 23 × 23
More than 50 litres, up to and including 500 litresAt least 105 × 148At least 32 × 32
More than 500 litresAt least 148 × 210At least 46 × 46

[16]

The "if possible" wording applies only to the smallest band. For 3 litres or less, the label and pictogram sizes are targets, but the 10 × 10 mm pictogram floor is fixed.

Pictogram rules (sections 1.2.1.1-1.2.1.3)

  • Each pictogram shall be a square set on its point, with a black symbol on a white background and a red frame wide enough to be clearly visible.
  • Each pictogram shall cover at least one fifteenth of the minimum label area for the Article 17 information. No pictogram may be smaller than 1 cm².

[16]

When the label won't fit (section 1.5, under Article 29)

  • Fold-outs, tags or outer packaging (1.5.1): where Article 29(1) applies, you may put the Article 17 elements on a fold-out label, a tie-on tag or the outer packaging. The label on any inner packaging shall still show at least the hazard pictograms, the product identifier, and the supplier's name and telephone number [17].

  • Packages of 125 ml or less (1.5.2.1): for certain listed hazard categories, you may leave out:

    • the hazard and precautionary statements, for example Flammable Liquids 2 or 3, Skin Irritation 2 or Eye Irritation 2;
    • the precautionary statements only, for Flammable Gases 2, lactation effects, and Aquatic Chronic 3 or 4;
    • all of pictogram, signal word and statements, for products classified Corrosive to Metals.

    [17]

  • Soluble single-use packaging of 25 ml or less (1.5.2.2): you may leave all label elements off, provided:

    • the contents carry only the hazard categories in 1.5.2.1;
    • the outer packaging fully meets Article 17.

    This does not apply to products in scope of Directives 91/414/EEC or 98/8/EC [17].

  • Inner packaging of 10 ml or less (1.5.2.4.1): you may leave the label elements off, provided:

    • the product is supplied to a distributor or downstream user for scientific R&D or quality control analysis;
    • the outer packaging meets Article 17.

    [17]

The GB Annex I text I read sets no minimum font size.

Q.03

Who is responsible for getting the label right?

Under GB CLP, the duty to label a hazardous substance or mixture correctly sits with every supplier that places it on the market. Article 4(4) says suppliers "shall ensure" it is labelled and packaged under Titles III and IV "before placing it on the market" [18].

Approach: I read Articles 2, 4, 17, 30, 46, 47 and 49 of the GB CLP Regulation, in its revised text on legislation.gov.uk.

Who counts as a supplier (Article 2)

A supplier is any manufacturer, importer, downstream user or distributor that places a substance or mixture on the market [19]. The GB definitions narrow this:

  • Manufacturer: must be established in GB and manufacture in GB. A Northern Ireland manufacturer also counts when its qualifying Northern Ireland goods are placed directly on the GB market [20].
  • Importer: a person "established within Great Britain who is responsible for import". Import "shall be deemed to be placing on the market" [20][19].
  • Downstream user: uses the substance in industrial or professional activities. Distributors and consumers are not downstream users [19].
  • Distributor: includes a retailer. It only stores the product and places it on the market for third parties [19].

So for goods coming into GB from outside, the label duty falls on the GB-established importer.

How the duty is split along the supply chain (Article 4)

  • Classification first: manufacturers, importers and downstream users "shall classify" substances and mixtures before placing them on the market (Art. 4(1)). If a substance has a GB MCL entry, that entry's classification applies for the hazard classes it covers (Art. 4(3)) [18].

  • Labelling: every supplier shall ensure correct labelling and packaging (Art. 4(4)) [18].

  • Using someone else's classification:

    • Distributors established in GB "may use" a classification derived by another actor in the supply chain (Art. 4(5)).
    • Downstream users established in GB may do the same, but only if they do not change the composition (Art. 4(6)). If they reformulate, they have to classify again.

    [18]

  • Cooperation: suppliers in a supply chain "shall cooperate" to meet the classification, labelling and packaging requirements (Art. 4(9)) [18].

  • Overall prohibition: substances and mixtures "shall not be placed on the market unless they comply with this Regulation" (Art. 4(10)) [18].

The label itself must name the supplier(s), with name, address and telephone number (Art. 17(1)(a)) [1].

Ongoing duties

  • Updating the label (Article 30): the supplier "shall ensure" the label is updated:

    • "without undue delay" when a classification change makes the hazard more severe or new supplemental elements are needed under Article 25, with suppliers cooperating under Article 4(9);
    • within 18 months for other changes.

    Pesticide and biocide labels are updated under Regulations 1107/2009 and 528/2012 [15].

  • Keeping records (Article 49):

    • The supplier "shall assemble and keep available" all the information it used for classification and labelling, for at least 10 years after it last supplied the substance or mixture.
    • If the supplier ceases activity or transfers its operations, whoever liquidates the business or takes over placing the product on the market inherits this duty.
    • Competent authorities, enforcing authorities or HSE (the "Agency") may require the supplier to submit this information.

    [21]

Enforcement

  • HSE is the "Agency" under GB CLP. Competent authorities are appointed by the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 [19]. Article 49 takes its meaning of "enforcing authorities" from regulation 18 of those Regulations [21].
  • In the GB text, Articles 46 (enforcement and reporting) and 47 (penalties) are shown as omitted [22][23]. I did not read the 2013 Regulations, so I can't give the penalty provisions here.
Q.04