Great Britain-based distributors of chemicals
Understanding the duties of an importer is particularly important if you are a GB-based distributor supplied by businesses based in the EU or in EEA countries before 1 January 2021. If these supply arrangements continue after this date, you are an importer under the GB CLP Regulation, and you must comply with the duties of an importer. Please refer to the guidance for GB-based importers and GB-based downstream users and distributors might be affected.
If you sell or distribute chemicals (for example, as a wholesaler or retailer) and you are supplied from within Great Britain or with Northern Ireland Qualifying Goods (NIQGs) supplied directly from Northern Ireland, your duties under GB CLP may be more limited than those of manufacturers, importers, and downstream users. If you only store and sell on chemicals to third parties (such as consumers) then you can rely on the classification and labelling information that has been provided to you by those further up the GB supply chain (that is, from the manufacturer or the importer).
If you alter the chemical in any way (for example, by re-formulating) before placing it on the market, you will then take on the role of a downstream user and you will be responsible for classifying, labelling and packaging that chemical under the GB CLP Regulation.
As a GB distributor you must:
- label and package the substances and mixtures you place on the GB market. You may use the classification for a substance or mixture already derived in accordance with the GB CLP Regulation by another GB actor in the supply chain (such as a manufacturer, importer or downstream user). This information may be made available to you through, for example, a safety data sheet supplied to you
- assemble and keep available all the information required for the purposes of classification and labelling under the GB CLP Regulation for a period of at least 10 years after you last supply a substance or mixture
If you use the classification for a substance or mixture derived by another actor in the GB supply chain, you must ensure that all the information required for the purposes of classification and labelling (such as safety data sheets) is kept available for a period of at least 10 years after you last supply the substance or mixture.
An explanation of the duties of duties of GB-based importers and how GB-based downstream users and distributors might be affected. Classifying and labelling substances or mixtures must be carried out by someone with the scientific competence to do so. If you do not have this competence immediately available to you, you must make alternative arrangements to ensure you can meet your duties under the GB CLP Regulation if you want to continue to place imported substances and mixtures on the GB market.
Everyone in the supply chain is responsible for ensuring that substances and mixtures are labelled and packaged correctly before being placed on the market.