Hazardous Products and the Safety Data Sheet
One of the most important elements determining how a chemical product functions on the market is its hazard classification. Classification directly affects the subsequent obligations applicable to a substance or mixture, including product labelling, the requirement to prepare a Safety Data Sheet (SDS), and the need to submit a PCN notification.
Two key conclusions follow from this:
- Correct CLP classification of a product is essential for identifying a company’s regulatory obligations.
- The ability to determine whether a product is classified as hazardous is necessary in order to take appropriate action before placing it on the market.
So how can we determine, using the Safety Data Sheet, whether a chemical product is classified as hazardous? Knowledge of the Regulation (EC) No 1272/2008 (CLP Regulation) and Section 2 of the SDS will be crucial.
Definition of a Hazardous Product under CLP
Starting from the basics, it is important to understand how the Regulation (EC) No 1272/2008 defines hazardous substances and mixtures.
According to Article 3 of the Regulation:
A substance or a mixture fulfilling the criteria relating to physical hazards, health hazards or environmental hazards, laid down in Parts 2 to 5 of Annex I is hazardous and shall be classified in relation to the respective hazard classes provided for in that Annex.
Although this definition may appear somewhat tautological, it is extremely useful in determining what is – and what is not – considered hazardous under CLP.
In simplified terms: if a chemical product is classified under CLP, regardless of the hazard class or category, it is considered hazardous. Let us now turn to the Safety Data Sheet and the classification information it contains.
Pictograms and H Statements
Section 2 of the Safety Data Sheet is intended to inform the user about the hazards associated with the product. In light of the considerations above, this is the logical place to verify whether the product is classified as hazardous.
Sometimes the SDS will explicitly state: “Product is not classified as hazardous according to the CLP Regulation.” If the document is reliable and the supplier is trustworthy, the situation is clear.
However, such a statement is not always included. In those cases, we need to analyse:
1. Hazard pictograms
If any hazard pictogram appears in Section 2.2 of the SDS, the product is classified as hazardous.
However, the absence of a pictogram does not automatically mean that the product is not classified. Certain hazard classes do not require the use of a pictogram.
2. H statements
This is more clear-cut. If any H statement appears in Section 2.1 (or 2.2) of the SDS, the product must be considered classified as hazardous.
Keep in mind that the H statement may not always be accompanied by its code. Sometimes only the full wording appears (e.g. “Causes serious eye irritation”) without the corresponding code (e.g. H319). Attention should also be paid to EUH statements.
We will now explain why EUH statements are important and how they may complicate the assessment.
Safety Data Sheet and EUH Statements
EUH statements are supplementary hazard information. They may sound similar to H statements, for example:
- EUH208 – Contains (substance name). May produce an allergic reaction.
- EUH202 – Cyanoacrylates. Danger. Bonds skin and eyelids in seconds. Keep out of the reach of children.
These statements were introduced into the Regulation (EC) No 1272/2008 to address certain gaps identified in the UN GHS system by EU legislators.
However, the presence of an EUH statement in Section 2.2 of the SDS does not mean that the product is classified as hazardous.
As noted earlier, a chemical product is classified as hazardous if it meets the classification criteria set out in Parts 2–5 of Annex I to the CLP Regulation. EUH statements do not result from these classification criteria. Therefore, their assignment does not in itself trigger classification as a hazardous product.
Summary
As discussed above, determining whether a product is classified as hazardous is crucial for identifying further legal obligations.
You can use the following practical scheme:
- Step 1 – Check Section 2.2 of the SDS for hazard pictograms.
- If present → the product is classified as hazardous.
- If not → proceed to Step 2.
- Step 2 – Check Section 2.1 (or 2.2) for H statements.
- If at least one H statement is listed → the product is classified as hazardous.
- Remember that EUH statements do not trigger classification, but they remain an important labelling element.
If you do not have an EU-compliant Safety Data Sheet (remember that an SDS provided by a non-EU supplier may not reflect CLP classification and the labelling may not comply with EU requirements), you should carry out the classification yourself in order to assess your regulatory obligations.
If you have any questions or doubts – feel free to contact us.
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