SDS: Who should provide it?

The requirements of REACH in relation to the supply of the SDS shall apply to each stage of the supply chain.

The supplier of a substance or mixture for which you require an SDS are responsible for its content, even if you do not have them here for you in the first person.

Actors further down the supply chain must provide a SDS by using the information received from their suppliers, verifying the adequacy and attuandole to the needs of its customers.

The requirements of REACH in relation to the supply of the SDS shall apply to each stage of the supply chain.

When it must be supplied in the SDS?

Article 31.8) of the REACH regulation:

A safety data sheet is provided free of charge on paper or in electronic form by the date of supply of the substance or mixture. Simply posting a copy of an SDS (or an upgrade) on a web site, may not be considered as fulfilment of the duty to "provide".

The language of the SDS

Article 31.5 of the REACH Regulation

The safety data sheet is provided in the official languages of the member state on whose market the substance/mixture are to be entered, except where the member State or member states provide otherwise.

Supply SDS: Article 31.1

The supplier of the substance /mixture sends it to the recipient with a safety data sheet compiled in accordance with Annex II:

If a substance/mixture meets the criteria for classification as dangerous according to Regulation EC 1272/2008

When a substance is persistent, bioaccumulative and toxic or very persistent and very bioaccumulative in accordance with the criteria in Annex XIII

When a substance is included in the list established in accordance with Article 59, paragraph 1, for reasons different from those previously described (Candidate List)

Supply SDS: Article 31.3

The supplier shall provide the recipient at his request with a card of safety in accordance with Annex II, where a mixture does not meet the criteria for classification as hazardous under titles I and II to Regulation EC 1272/2008, but contains:

In an individual concentration equal to or greater than 1% by weight for non-gaseous mixtures and in an individual concentration equal to or exceeding 0,2% by volume for gaseous mixtures at least one substance which present a risk to human health or the environment; or in an individual concentration equal to or greater than 0.1% for non-gaseous mixtures at least one substance that is carcinogenic category 2 or toxic to reproduction category 1A, 1B and 2, sensitizing to the skin of category 1, respiratory sensitiser category 1, or has effects on or via lactation or is persistent, bioaccumulative and toxic (PBT) in accordance with the criteria in Annex XIII or very persistent and bio-accumulative (vPvB) in accordance with the criteria in Annex XIII or has been included in the list established in accordance with Article 59, paragraph 1, for reasons different from those previously described. A substance which has been set in community legislation limits of exposure in the workplace (OEL).

Supply SDS: Article 31.4 Consumers

Except where a downstream user or distributor on request do not need to provide the safety data sheet when the substances and/or mixtures offered or sold to the public are provided with sufficient information to enable users to take the necessary measures for the protection of human health, safety and the environment.

Please keep in mind that the actor which is specifically allowed to request the SDS in virtue of this provision is the downstream user or distributor, and not the member of the public ("consumer"). If a particular customer has the right to request an SDS can, therefore, be established on the basis of the definition of "downstream user" or "dealer" under the definitions given in Article 3, paragraphs 13 and 14.

No. 3(13) downstream user: means any natural or legal person established in the Community, other than the manufacturer or the importer, who uses a substance, as such or as a component of a mixture, in the course of his industrial or professional activities. Consumers and distributors are not considered to be downstream users.

SDS: Rules of supply – circuit Diagram

# Automatic On request
1 A dangerous substance according to Regulation (EC) 1272/2008 Mixture not a dangerous substance hazardous to health or the environment ≥1% (0,2% if gaseous)
2 Hazardous mixture according to Regulation (EC) 1272/2008 Mixture not a dangerous substance as Carc 2; Repr 1A/1B/2 lactation; Sens skin/resp 1; PBT or vPvB or in the Candidate List ≥0,1%
3 PBT-substance or vPvB according to All. XIII of the REACH or included in the Candidate List Mixture not a dangerous substance OEL (Occupational Exposure Limit ≠ TLV national)
# Mixture % Substances Supply
1 Mixtures that contain sensitizing substances (H334 or H317) ≥ 0,1% Always
2 Mixtures that contain a carcinogenic substance, Cat.2 (H351) ≥ 0,1% On request
3 Mixtures that contain substances toxic for reproduction, or effects on breast-feeding (H360, H361, H362) ≥ 0,1% On request
4 Mixtures that contain substances STOT SE Cat 2 (H371) ≥ 1% On request
5 Mixtures that contain substances STOT RE Cat 2 (H373) ≥ 1% On request

Cover letter (Discharge of liability)

Below is an example of a letter that should accompany the SDS during sending: