What to do when received SDSs do not comply with EU Standards?

At Bens Consulting, we encounter cases daily where the received Safety Data Sheets (SDS) do not comply with EU legislation.

There are various reasons for this - most commonly, the SDSs are prepared by manufacturers outside the EU who simply do not adapt the SDS to EU regulations. Some manufacturers send you a document that only complies with local regulations.

Why is this important for you?

Manufacturers know their products best - the ingredients used, their hazards to the environment and human health, and their concentrations in the product.

Based on this information, we can prepare an SDS that meets EU legislative requirements. Problems arise when the data is incomplete, or the manufacturer refuses to disclose it for business reasons.

In such cases, we have 2 options:

• Option 1: A formal request for data with a positive response from the manufacturer

On behalf of the client, we prepare a formal letter requesting the manufacturer to provide all the necessary data to prepare an SDS in accordance with EU legislative requirements.

The possible outcomes of this approach are:

1. The manufacturer sends an updated SDS that includes all the required information.
2. The manufacturer provides the missing information directly via email.

In both cases, we have the necessary information to prepare an SDS that complies with EU legislation.

• Option 2: A request for data with no response from the manufacturer

If the manufacturer does not respond to our letter, we have two options for further action:

1. Prepare the SDS based on the available information from the original manufacturer’s document. However, in this case, due to possible deficiencies or incorrect classification of ingredients, we cannot take responsibility for the SDS's compliance with EU legislation.
2. Prepare the SDS based on the limited data available to us. Although such an SDS will comply with EU legislation, there may be differences in the classification of ingredients and the product compared to the original manufacturer’s document.

Often, we may have to wait a long time for the manufacturer's response, sometimes up to 6 months. Therefore, in case of non-responsiveness from the manufacturer, we recommend choosing Option 2 - b), which allows you to place the product on the market as soon as possible and start selling.

When we receive the necessary information, we can always update the SDS, enabling you to remain compliant with EU legislation while maintaining a good business relationship with the manufacturer.

If preparing SDSs is causing you too many problems or taking up too much of your time, please contact us. We will be happy to assist you with all the steps.