REACH Requirements and Food Products

The food industry is closely “related” to the chemical sector, relying on many of its developments. Preservatives, acidity regulators, flavourings (both natural and artificial), colourants, vitamins – all of these are, of course, chemical substances or mixtures. But does this mean that such products are subject to the same legal obligations as other chemical products, such as paints or detergents? This question naturally raises doubts, since substances and mixtures used in the food sector are ultimately destined for human consumption. Does this mean they can pose hazards? Should documentation be prepared for them as for “regular” chemicals? Does a cake flavouring require a Safety Data Sheet?

In the food sector, this topic frequently causes uncertainty: does a food product – even if it is a pure chemical substance – require an SDS? And if the final product is exempt, do raw materials used in food manufacturing fall under REACH? Consider ethyl alcohol, for example: in a form ready for consumption it is flammable, yet typically exempt from SDS requirements.

This article provides a practical explanation based on the provisions of the REACH Regulation. As an illustrative example, we use citric acid, widely used both as a ready-to-eat consumer product and as a technological raw material in food production.

1. Why food products generally do not require a Safety Data Sheet

According to Article 2(5)(b) of the REACH Regulation, food and feed are exempt from the scope of the Regulation, including obligations related to the provision of Safety Data Sheets.

In practice, this means that:

• a food product placed on the market in a form intended for the consumer (end user) does not require an SDS,

• even if the product consists of a pure chemical substance (e.g. citric acid E330), its status as a food product exempts it from certain REACH obligations – including the requirement to provide an SDS.

ECHA confirms in its official Q&A that food ready for consumption, placed on the market as a food product, does not require an SDS or CLP classification. Such products fall exclusively under EU food law, which ensures that appropriate safety and quality standards are met, making the parallel application of REACH and CLP unnecessary.

2. What about raw materials? When is a Safety Data Sheet required?

The REACH exemption applies only to food in its final, ready-to-eat form.Raw materials used in food production – even if they will later become food ingredients – are treated as chemical substances or mixtures, because in the form in which they are placed on the market they are not yet ready for consumption, but are intended for further formulation and processing.

This means that:

• the raw material is subject to REACH,

• it must be registered,

• it must be classified in accordance with CLP,

• it requires a Safety Data Sheet, if it meets the conditions of Article 31 of REACH.

This is a common mistake in the food industry: suppliers may omit SDSs because “it is just a food ingredient”. However, if a product is not offered as food for consumers but as a raw material for food manufacturing, REACH obligations fully apply.

3. Example: citric acid as a ready-to-eat product vs. citric acid as a raw material

3.1. Citric acid as a consumer food product (e.g. 100 g retail packaging)

When citric acid is sold as a food additive, widely known and used as “citric acid” in household applications, it is treated as a food product.

For retail packaging purchased in a shop:

➡ No Safety Data Sheet is required.➡ No CLP classification or labelling applies (hence no hazard pictograms on retail packaging, even though citric acid is classified as Eye Irrit. 2 in industrial settings).➡ The product is subject exclusively to food safety legislation (labeling, allergens, hygiene requirements, etc.).

3.2. Citric acid as a technological raw material for food production (e.g. 25 kg big bag for industrial use)

In this case, citric acid functions as a chemical substance. It may be used:

• as an acidity regulator,

• for pH correction,

• for microbiological process control.

This means:

➡ The raw material is subject to REACH.

➡ The supplier must provide an SDS, if the conditions of Article 31 are met.

➡ The SDS must comply with REACH, and the classification must follow CLP. The document must include information on exposure, protective measures and stability.

It is important to note that package size alone does not determine whether REACH applies. The same citric acid is found in some commercially available descaling products, where its intended use dictates the requirement to provide an SDS and meet all obligations applicable to chemical substances and mixtures.

4. What does this mean in practice for manufacturers, importers and distributors?

4.1. If you sell a food product intended for consumers

• you are not required to prepare a Safety Data Sheet or apply CLP classification and labelling.

4.2. If you sell a raw material for food production

• treat it as a standard chemical product,

• an SDS is required if the substance or mixture meets the conditions of Article 31 of REACH,

• you must keep the SDS updated,

• you are responsible for appropriate classification and labelling.

4.3. If you buy raw materials as a food manufacturer

• ensure that you receive up-to-date SDSs for all raw materials,

• they must be implemented within your food safety management system,

• SDS information affects waste handling, protective measures, occupational safety and storage requirements.

5. Key conclusions – what determines whether a Safety Data Sheet is needed?

The primary factor that determines whether a Safety Data Sheet is required is the intended use of the product. As demonstrated with the example of citric acid, the use of a substance or mixture has the strongest impact on the regulatory obligations associated with placing it on the market.

Citric acid used as a kettle descaler will be regulated entirely differently than the same substance used as a dessert ingredient – even if it comes from “the same container”.

If you are unsure how to classify your product or whether your intended use qualifies for a REACH exemption, contact us – we will help you assess the correct regulatory status.