Selling chemicals - REACH

If you use, sell or supply chemical substances, you must comply with the REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) Regulation.

If you sell chemical substances, or items that contain chemicals, you must:

help your suppliers communicate with end users
pass on safety information to your customers (safety data sheets) when appropriate
respond to customer queries about chemical products
pass information from customers back to your suppliers, for example about new uses or safer methods.

If you manufacture chemicals or import chemicals from outside the European Union (EU) you will have additional duties under the REACH Regulation.

REACH applies to a very wide range of chemical substances, either on their own or in preparations and mixtures.

Preparations and mixtures that you may use or sell include:

coatings eg paints, varnishes or enamels
pigments, dyes or inks
kitchen and bathroom cleaning products
photograph processing chemicals
chemicals used to produce man-made fibres
hairdressing products, such as hair dyes
dry-cleaning solvents
pet care products
chemicals contained within articles, eg ink in printer cartridges or pens.

It may not be obvious that a product contains chemicals. For example, many items of clothing contain chemicals in the form of dyes, or phthalates in plastic buttons.

REACH also applies to chemical substances contained in finished products or articles, whether you are manufacturing or supplying them within the EU, or importing them from outside the EU.

HSE: UK REACH

HSENI: REACH

Exempt substances

Some chemical substances are partially or completely exempt from REACH. See the UK REACH Competent Authority guidance for further information about exemptions. Be aware that exemptions may change.

UK REACH : REACH - exemptions

Chemical substances inventory

You should make an inventory or list of chemical substances that your business uses, supplies, manufactures or imports. This will help you understand your responsibilities, what you need to do and the impact REACH will have on your business activities.

REACH : Registration and authorisation

Chemical retailers and distributors' requirements

If you are a chemical retailer or distributor you also have responsibilities under REACH.

You must provide your customers with a safety data sheet with information on the substances you supply.

You must not supply a substance that has not been pre-registered or registered if the substance needs to be.

REACH: The distributors role in REACH

Your customers' use of any chemical must be covered by its REACH registration. To check this, you may need to tell your suppliers how your customers are using a chemical.

Chemicals users' requirements

You are a chemical user if as a part of your work you:

use any chemicals or preparations
formulate or blend chemical preparations or mixtures
use any chemicals, preparations or mixtures to produce articles.

If you use a chemical substance you must make sure that you:

identify and follow all appropriate safety measures identified by the chemical's safety data sheet, if required
use the substance within its safe exposure limits
comply with any restrictions or conditions of authorisation that have been placed on its use.

HSE: REACH Information index:

Chemsec has developed an online resource, the Marketplace, where businesses can source alternatives to chemicals that have health or environmental impacts. If you produce safer chemicals then you can also present your alternatives to potential customers.

Chemsec: the Marketplace

Information on chemicals use

You should check that your suppliers register all the ways you use the chemicals they supply. This is to make sure that your supply of chemicals will not be disrupted. This may not be necessary if you only use the chemical in the way your supplier intended.

If you have an unusual use for a substance, you should provide your suppliers with details of how you intend to use the chemical. This will allow them to include this information in their registration.

You can choose not to give your suppliers this information if you feel it will compromise your business. In this case you must carry out your own chemical safety assessment. You will normally have to provide this information to the European Chemicals Agency (ECHA) and any final users of the chemical.

ECHA: Chemical safety assessment and report

ECHA: Guidance in a nutshell - chemical safety assessment (Adobe PDF - 173KB)

Restricted chemicals

REACH places restrictions on the marketing and use of certain chemical substances on their own or in preparations. These include substances that are classified as persistent, bioaccumulative and toxic (PBT) in the environment.

There are two groups of chemicals:

substances of very high concern (SVHCs) and Annex XIV (14) substances that require an authorisation for their use
Annex XVII (17) substances whose marketing and use is restricted.

A substance can appear in both groups.

Chemicals requiring authorisation

REACH identifies substances with known high risks to human health or the environment as substances of very high concern (SVHCs) and Annex XIV substances. ECHA has produced a proposed candidate list of possible substances of very high concern and a recommended list of substances to be included in Annex XIV.

ECHA

If you supply an article containing a substance on the SVHC candidate list or Annex XIV you must give recipients information on the substance and how to use it safely.

If you supply a substance on its own or in a preparation or mixture you must provide recipients and customers with a safety data sheet.

Depending on which substance you supply and the amount you supply, you may also need to:

submit a notification to ECHA
get an authorisation for specific uses for that substance if it appears in Annex XIV.

The UK REACH competent authority has produced guidance on substances that require an authorisation.

HSE:REACH - Substances of very high concern

Annex XVII substances

Annex XVII of REACH contains a list of restricted chemicals with the associated restrictions and concentration limits. More chemicals and restrictions may be added in the future.

Restricted chemicals include:

lead carbonates
lead sulphates
benzene
pentachlorophenol
nonylphenol and its ethoxylates
cadmium
hexachloroethane
creosote
compounds containing mercury and arsenic.

HSE:REACH - Substances of very high concern

in Europe:

Annex XVII of REACH is subject to change, you should check it regularly to keep up to date with restrictions on the chemicals you are involved with.

Use the European Union law database and search using the terms 'REACH' with 'Annex XVII' in the simple search window (text search).

European Union: EUR-Lex database

If a chemical is listed in Annex XVII you must not:

market or use the chemical for the restrictions outlined
market or use any substances, preparations or article containing the chemical for the restrictions outlined
allow or cause anyone else to break the rules of a restriction.

Annex XVII chemicals are restricted to protect:

workers
consumers
the environment.

Enforcement of REACH

Different regulators enforce REACH depending on the chemical, your business type and part of the UK you operate in. To check, contact the HSE to find out which regulator you need to speak to.

Health and Safety Executive: REACH helpdesk

HSE: Enforcement

Manufacturers, importers and distributors

If you manufacture or import chemical substances into the EU you must comply with additional requirements. For more information see our guidance on the REACH Regulation.

REACH Regulation - manufacturing, importing, selling and using chemicals