| PaintSafe - Online Sales Guidance |
A Guide to Selling Vehicle Refinish and Industrial Paints OnlineThe guide provides a short summary of some of the potential issues to be aware of if you are selling paints online and/or delivering paints to your customers either on your own vehicles or using third party hauliers or carriers. BCF has produced a digital (PDF) guidance leaflet summarising key issues, which can be downloaded here. More detailed supplementary guidance to the leaflet is set out below. Supply of PaintsIf you are based in GB and purchase paints from a GB manufacturer for onward distribution and you do not blend the paint, you are a distributor under UK chemical regulations. You can rely on the labelling and SDS from your UK based supplier. If you import paints from outside GB, then you are an importer into GB and have duties under UK REACH and GB CLP as the importer. Seek the advice of a consultant. If you purchase paints from a GB manufacturer and blend the paints you are a user of the paint and you must ensure the paint is classified and labelled according to the GB CLP regulation before you place the blended paint on the market. If the paint is classified as hazardous you must provide a Safety Data Sheets (SDS). By law (REACH Article 31), suppliers of chemical products classified as hazardous must provide a safety data sheet (SDSs) to professional or industrial users prior to or along with supply of the product. SDSs should be proactively supplied e.g. send pdf, or provide direct link to SDS. In addition, there should not be incorrect or conflicting data in the SDS. For example: Mixture classification in Section 2 not consistent with the hazardous ingredients listed in Section 3. Flashpoint > 60°C but classified for transport as UN 1263 in Section 14. Note: GB and EU SDSs now differ, whereas EU SDSs must be in compliance with the latest update in Annex II of the EU REACH Regulation. GB SDS must be in compliance with UK REACH Annex II. Any advertisement for a mixture (hazardous or non-hazardous), which allows a member of the general public to order without first having sight of the label (e.g. from a website), must mention any hazard information indicated on the label. Products labelled as ‘For Professional Use Only’ should only be made available via the internet or other means if it can be ensured that these cannot be purchased by the general public. Products classified as hazardous under CLP must be labelled with the correct label elements, including:
Vehicle Refinish Products must comply with the EU Paint Directive; the label requires:
Aerosols must comply with the Aerosol Directive; label requires:
Mixtures containing diisocyanates must comply with REACH Restriction Entry 74. A statement on the packaging “As from 24 August 2023 adequate training is required before industrial or professional use” is required. The supplier of a paint must be located in the EU/NI to supply to the EU/NI and in GB to supply to GB. The supplier’s address on GB CLP label and a GB SDS must be located in GB to comply with GB regulations. If supplying to the EU/NI, a supplier located within the EU/NI is required to ensure compliance with the EU regulations. The paint must be classified and labelled to EU CLP and the SDS must be to EU REACH Annex II. Certain chemicals can be formulated to create explosives or to cause harm. To reduce the risk of harm from these substances the Poisons Act 1972 sets out obligations that suppliers of regulated and reportable substances, and individuals in possession of stocks of such substances, must follow. A list of all regulated and reportable substances and full update of legislative changes from the 1st October 2023 can be found in the official Gov.UK guidance. As a supplier of regulated or reportable substances you must:
Report any transaction or attempted transaction within 24 hours from the point at which an individual deems an activity to be suspicious. Ensure that any regulated products are labelled with the following text ‘Acquisition, possession or use by the general public is restricted’. Poison Centre Notifications are not mandated in GB but they are required for products placed on the market in Northern Ireland. Transporting PaintsIf the product meets the definition of “dangerous goods,” DG under the transport regulations, paints or inks must be packaged, marked and labelled according to the method of transport and the product’s UN number. The consignor of Dangerous Goods (DG) is required to hand over for carriage only loads that conform to the ADR requirements. Their duties include:
Image credit: Pronto Paints Ensure you comply with any requirements or restrictions imposed by the carrier you use. Many well-known carriers do not take DG. Some take goods packed in limited quantities (LQ), others do not. All flammable paints, inks and varnishes are banned by the Royal Mail and cannot be sent by post. In addition, water-based paints’ or inks can only be sent through the post in containers up to 150ml, provided that the containers are sealed with clips or tape and placed in a leakproof bag. The items should then be surrounded with sufficient absorbent material (e.g. sawdust, paper) to absorb any leakage and placed in a rigid outer made of good quality packaging. For other national or international freight carriers check with the carrier for any restrictions. Paints or inks shipped by national or international freight carriers might be shipped by air, particularly overnight and express services. If you are unsure of the mode used, products should be packed, marked, labelled and documented appropriately for carriage by air. Some goods may be shipped in limited quantities. There is a limit on the size of the inner package which depends on the goods being shipped and the gross mass of the outer package. Consult your DGSA. For products shipped to an end user in GB, a GB derogation for the road transport may apply. Consult your DGSA. Some shipments of DG may be shipped as “small-ADR loads” as the total quantity of DG is below the threshold limit for the vehicle. The shipment does not require full application of the ADR. Consult your DGSA. Some shipments of DG may be shipped as “small loads” as the load is below the threshold prescribed in ADR for a transport unit. The driver does not need to have an ADR licence, but they do need training in the requirements governing the carriage of the goods. The vehicle does not need to be marked with “orange plates”. The goods do need to be packaged in accordance with the transport regulation. The haulier needs to be provided with the details of the dangerous goods being shipped. The transport unit must be equipped with one portable fire extinguisher for classes A, B & C with a minimum capacity of 2 kg dry powder. When you transport goods in a heavy goods vehicle (HGV), trailer, van or car, you need to make sure the goods are loaded, transported and unloaded safely. Everyone involved in loading a vehicle or managing a transport operation is responsible for making sure the load is:
Before loading the vehicle, the loader must check to make sure that there are no leaks and must not hand over a package that is leaking. The loader must ensure that all DG are correctly labelled and marked for transport. Before the vehicle leaves site, the load must be checked to ensure it is suitable for transport, all necessary documentation has been completed, the goods are properly packaged and secured on the vehicle. RESOURCESBCF has produced a digital (PDF) guidance leaflet summarising key issues, which can be viewed and downloaded below. |
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Email: info@bcf.co.uk
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