Legislation on lead products is changing – what should users and dealers take into account?

The EU’s REACH and CLP regulations have been updated in recent years. These changes affect the day-to-day operations of importers, dealers and users of lead compounds. In this blog post, we offer answers to common questions about restrictions on the use of lead compounds, product labels and other matters related to regulations.

When procuring lead compounds and choosing a supplier, it is a good idea to consider the obligations that fall on each party under the updated regulations. Failure to fulfil these obligations, even unintentionally, may result in the need to recall a product, which causes additional costs and damages the company’s reputation. In the worst case scenario, end users may be exposed to a hazardous situation if they do not use the product appropriately or have not received the correct instructions.

If you order hard or soft solders or other chemicals containing lead from outside the EU, you are operating as an importer and you must meet all the obligations pertaining to importers. You should bear this in mind when ordering lead compounds from foreign online stores.

If you procure the products from an importer, you don’t have to worry about these obligations as the importer takes care of them for you. Masino imports lead-containing products, such as soft solders, brazing alloys and metals, to Finland. As an importer, we ensure that the products, product markings and safety data sheets comply with the requirements. Therefore, you can rest easy in the knowledge that you are getting what you ordered, the products are safe to use and their safety markings are up to date.

 

What are the responsibilities of importers of chemical compounds?

Importers must submit a chemicals report to the KemiDigi service of the Finnish Safety and Chemicals Agency (Tukes). When importing products from outside the EU, importers must register the product with the European Chemicals Agency (ECHA) pursuant to REACH regulations. They must also pay attention to the applicable national legislation.

As a rule, the manufacturer is responsible for preparing the safety data sheet. Importers must have the safety data sheet translated into the official language of the country. They provide their clients with the safety data sheet in conjunction with the first order and whenever the data sheet is updated, as a minimum.

If the compound has not been classified as hazardous but it contains certain hazardous substances at specified levels, the importer must provide a safety data sheet at the request of the client.

The importer is responsible for having the safety data sheet translated into the official language of the country if the manufacturer has not done so already. In Finland, a safety data sheet must be in Finnish and, when necessary, in Swedish. All information on warning labels must be in Finnish and Swedish.

The importer must comply with the restrictions set in the REACH regulations. The importer may not sell or hand over chemicals containing lead to consumers. The importer must inform distributors about the ban.

 

What are the responsibilities of distributors of chemical compounds?

Distributors may not sell or hand over chemicals containing lead to consumers. The end user must present a business ID or a certificate from a relevant field to verify that the chemical is procured for professional use.

If the product is classified as hazardous, the distributor is provided with a safety data sheet by the importer. The distributor must forward the data sheet to the end user.

If the product as a whole has not been classified as hazardous but it contains certain hazardous substances at specified levels, the importer provides a safety data sheet at the request of the client. The distributor should request a safety data sheet to ensure it is available for its customers should they ask for it.

The distributor must read the product’s warning label and safety data sheet. Distributors are responsible for finding out what the product is like, whether it is classified as hazardous and what risks it poses. The safety data sheet must be stored appropriately.

When they receive a lead product, distributors must ensure that the storage, handling and transport of the product are carried out in accordance with the safety data sheet and the warning label. As a distributor, you should find out whether the transport company must have a permit for transporting hazardous substances to deliver the product.

 

What are the responsibilities of users of chemical compounds?

Users must familiarise themselves with the product and information delivered with it. They are responsible for finding out what the product is like, whether it is classified as hazardous and what risks it poses.

Safety data sheets delivered with the products must be read carefully and stored appropriately. In the workplace, a chemicals list must be kept up to date and it must contain information on whether a safety data sheet is available for the product.

End users must ensure that instructions provided in the safety data sheet and warning labels are complied with in the workplace. Arrangements for the use, storage and transport of the product must be inspected and, when necessary, rectified to meet the requirements specified in the safety data sheet and warning labels.

If the safety data sheet includes exposure scenarios, the user is obliged to compare the use, operating circumstances and risk management measures in the workplace with the exposure scenarios. A document must be prepared on the comparison to verify that the product is used in a safe and appropriate manner.

If requested to do so, the user must present proof to the distributor or importer to confirm that the product is intended for professional use.

 

How does the ban on the sale of lead compounds affect the market?

As a result of the new CLP regulation, lead was classified as a hazardous substance throughout the EU. It is classified as hazardous to reproductive health. Under the restrictions set in the REACH regulations, category I substances that are hazardous to fertility may not be sold or handed over to consumers.

Therefore, lead compounds may not be sold to consumers. Neither can they be given to consumers free of charge. For example, soldering tin containing lead may only be sold for professional use in the EU.

Distributors are obliged to ensure that lead compounds are not sold for purposes other than professional use. If lead compounds are sold to parties other than registered companies, a certificate of relevant training may be requested as proof of professional use.

The EU’s chemicals legislation also imposes other restrictions on the use of lead. Its use is already banned in consumer products that children may put in their mouths. In addition, its use has been restricted in electric and electronic devices.

 

How can a recipient of a product know whether the importer or distributor has fulfilled its obligations?

The European Chemicals Agency (ECHA) maintains a chemicals database, which contains up-to-date information on chemicals and their status under legislation. For example, restrictions and classifications pertaining to lead are available from the database. Recipients of lead products and their safety data sheets can check from the database whether the information delivered to them is up to date.

 

The following matters should be checked from the safety data sheet and the warning labels on the packaging:

  • Date of the safety data sheet. New regulations pertaining to the format of the safety data sheet entered into force in 2015. At the same time, the transition period for the classification of dangerous substances under the former Dangerous Substances and Dangerous Preparations Directives expired. If the safety data sheet is older than this, it is likely that the latest requirements and revised classification information is not included in it.
     
  • New H and P statements. The old R and S codes pursuant to the abolished Dangerous Substances and Dangerous Preparations Directives are no longer in use. They have been replaced by H (hazard) and P (precautionary) statements pursuant to the CLP regulation. In the safety data sheet, these statements can be found in sections 2.1. and 2.2. or 3.1. and 3.2.
     
  • Pictograms. With the introduction of the new hazard and precautionary statements, the pictograms indicating hazards have also changed. The old hazard symbols on an orange background are no longer in use. They have been replaced with white pictograms with red edges.
  • Language. In accordance with the CLP regulation, products marketed in Finland must have warning labels in Finnish and Swedish. The safety data sheet must be in Finnish and, when necessary, in Swedish. For its part, using clear and easy-to-understand Finnish or Swedish sends a message that the importer takes its responsibilities seriously.

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In accordance with the changes to the EU legislation on chemicals, Masino has taken the following measures:

  • We have updated warning labels on all our lead-containing products that require such labels. The labels now contain information on restrictions on use, and classifications and warning markings are in line with the new harmonised regulations.

  • We have also added information on restrictions and any additional markings to the safety data sheets for our lead-containing products and have delivered the updated data sheets to our customers as required by law.

  • We have informed distributors in our distribution chain about the restrictions that only permit the use of lead and lead compounds for professional purposes.

  • We have reviewed our internal practices pertaining to lead compounds; Masino Fastening Oy only sells such products for professional use and to registered companies, and ensures that information on safety is passed on throughout the distribution chain.

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