Due to the large number of statutory requirements, online shop operators often find it difficult to maintain a clear view in the jungle of laws. Liqui Moly therefore compiles the most important labeling obligations for the dispensing of hazardous substances and mixtures via online distribution channels, so that you can sell your products in a legally compliant manner and avoid fines or warnings from the supervisory authorities.
The CLP Regulation (Regulation (EC) No 1272/2008) regulates the classification, labeling and packaging of chemicals within the European Union. According to Article 48(2) of the CLP Regulation, any advertising – including the offering of products in online shops – for mixtures classified as hazardous must state the hazardous properties indicated on the label. The advertisement must contain the following information:
- Hazard pictogram(s)
- Signal word
- Hazard statement(s) (H-phrases)
- Supplemental information referred to in Article 25(6) – where applicable.
The required label elements can be found in section 2.2 of the corresponding safety data sheet. This information must be displayed to the customer before the order process is completed. As a result, the purchaser should be informed of dangers before buying the product and not only through the product label.
Biocidal Products Regulation
The Biocidal Products Regulation (Regulation (EU) No 528/2012) regulates the manufacture, labeling, use and placing on the market of biocidal products. It stipulates, inter alia, that any advertising of biocidal products referred to in Article 72(1) shall bear the following indication: “Use biocides safely. Always read the label and product information before use.”
This notice must be clearly distinguishable from the actual advertising and be clearly legible. For example, the notice can be highlighted in bold and/or a larger font size than the rest of the text.
In accordance with Article 72(3) of the Biocidal Products Regulation, advertising for biocidal products must not have a trivializing effect with regard to possible risks to human or animal health or to the environment. For example, information such as “low-risk biocidal product”, “non-toxic”, “harmless”, “natural”, “environmentally friendly”, “animal friendly” or any similar indication must be avoided.
The Detergents Regulation (Regulation (EC) No. 648/2004) regulates the placing on the market of detergents and surfactants at European level. In accordance with Annex VII Part D of the Detergents Regulation, manufacturers are obliged to publish a data sheet listing the ingredients on a website. The website contains a link to the Pharmacos website of the European Commission or to another appropriate website providing a table of correspondence between the INCI designations, the European Pharmacopeia designations and the CAS numbers.
Explosives Precursors Regulation
The new version of the Explosives Precursors Regulation (EU) 2019/1148 came into effect on 1 February 2021. The Regulation aims to regulate substances and mixtures that can be misused for the unlawful manufacture of explosives.
For traders, the regulation provides, among other things, information obligations within the supply chain on restrictions, the obligation to report suspicious transactions, and control and information obligations for online marketplaces.
The chemicals concerned are listed in Annex I (Restricted Explosives Precursors) and in Annex II (Reportable Explosives Precursors) of the Explosives Precursors Regulation.
The guidelines for the implementation of the Explosives Precursors Regulation make it possible to meet the obligation to provide information within the supply chain, among other things, with the help of safety data sheets. In future, a reference to the Explosives Precursors Regulation will therefore be noted in section 15 of the Liqui Moly safety data sheets if an article contains a substance listed in Annex I or Annex II.
Currently, Liqui Moly does not have any items in its range that contain one or more of the restricted precursor materials listed in Annex I.
At present, only the Liqui Moly articles listed in Table 2 in the annex to this letter fall within the scope of the Explosives Precursors Regulation, as they contain regulated precursor materials.
Please observe the obligation under the Explosives Precursors Regulation to provide information within the supply chain and to report suspicious transactions as well as the loss and theft of significant quantities of these Liqui Moly products.
More detailed information on implementation can be found in the guidelines for the Explosives Precursors Regulation.
Some other Liqui Moly articles also contain regulated precursor materials, but are not affected by the Explosives Precursors Regulation, as the following exemption defined in the guidelines can be applied:
“Further, there are instances where it would be so difficult to use certain products containing precursors to manufacture explosives on their own that the products in question are unlikely to pose a threat.”
Waste Oil Ordinance
Note on waste oil disposal in accordance with the Waste Oil Ordinance on the LIQUI MOLY website
In your own interest, please observe the requirements set out in the CLP Regulation, the Biocidal Products Regulation, the Detergents Regulation, the Explosives Precursors Regulation and the Waste Oil Ordinance when dispensing hazardous substances and mixtures via online distribution channels. We would also like to point out that, depending on the type of product, there may be labeling obligations beyond the aforementioned regulations.