The figure of the month is… 715… which is the number of MSDS e liquid written by our regulatory department for the year 2019. We have prepared a short article that will answer, in 4 points, all the questions you may have about this essential document:

 

What is a MSDS or Safety Data Sheet?

The Material Safety Data Sheet (or MSDS) of a product is a document that provides a large amount of information, complementary to the label, and necessary to protect the health and safety of workers and the environment, indicating in particular, the means of protection needed and the measures to be taken in case of emergency. In particular, it includes information on:

• The identification of the substance/mixture and of the company placing the product on the market
• Hazard identification
• Composition/information on ingredients
• First aid- Fire-fighting measures
• Measures to be taken in the event of accidental release
• Handling and storage
• The individual protections to be provided for handling the product
• Physical and chemical properties
• Product stability and reactivity
• Toxicological information
• Ecological information
• Disposal considerations
• Transport information
• Regulatory information

The label and the MSDS of a product thus constitute the two regulatory components, that enable the supplier of a substance or mixture placed on the market to inform the recipient of this product on the dangers associated with its use and the preventive measures to be adopted.

Both more flexible and more complete than the regulatory label, the MSDS is an essential communication tool that will enable all actors in the supply chain (manufacturers, importers, users, distributors, etc.) to ensure the safe use of the substance or mixture. The drafting of SDSs is governed by the European REACH Regulation (N° 1907/2006), ANNEX II. 

At Kemix, our regulatory department is specialised in the drafting of this type of document, which ensures our clients to be always up to date in terms of regulations.

 

History of the MSDS.

The MSDS exists since 1978. It is at this date that product suppliers, anxious to communicate on the dangers to be known and the precautions to be respected, voluntarily decided to write MSDS.

In 1988, the Labour Code made this mandatory approach for all substances and mixtures intended for professionals. Since then, the content and the updates conditions have changed considerably thanks to the evolution of national and European regulations (REACH regulations).

 

Is the MSDS of a product compulsory?

According to the regulations, the MSDS is not necessarily mandatory, it depends on the nature of the manufactured product. However, at Kemix, we systematically generate an MSDS for each product we manufacture (even if it is not considered dangerous). For us, this is a guarantee of quality and the assurance of total transparency for our customer. Here are what the regulations specify:

a/ An MSDS must be provided “automatically” to the recipient for the following products:

(a) when a substance or mixture meets the criteria for classification as a hazardous product in accordance with the Regulation (EC) No 1272/2008, or

(b) when a substance is persistent, bioaccumulative and toxic or very persistent and very bioaccumulative in accordance with the criteria set out in Annex XIII; or

(c) when a substance is included in the list drawn up in accordance with the Article 59(1) for reasons other than those referred to in points (a) and (b).

b/ An SDS must be provided “on request” to the recipient for the following:

The provision of SDS “on request” concerns mixtures which are not classified as “dangerous” under the CLP Regulation. These contain a low concentration of substances hazardous to health (e.g. respiratory sensitizer), the aquatic environment (e.g. persistent and bioaccumulative substance), substance with an OEL (occupational exposure limit value), REACH candidate substances, etc. These products are easily recognizable since the label contains the following statement “SDS provided on request”.

REMINDER:

• The MSDS is not intended for the general public (unless a user or distributor requests it),
• The marketer must always have all his MSDSs up to date with him in order to be able to make them available to his distributors or consumers at any time,
• The MSDS must be written in the language of the country where the product is marketed (and must be translated into several languages if necessary).

 

What are the sections to be taken into consideration for compliant labelling?

The MSDS gives us a lot of important information about the product, but it also serves as a basis for compliant labelling. Here are the mandatory elements of the MSDS to be included on the product label:

Section 1: Identification of the substance/mixture and company/corporation

• The name, address, telephone number, e-mail address and website of the company
• The UFI No.

Section 2: Hazard Identification

• Hazard pictogram (at least 10 mm in size) (if present)
• Warning statement (if present)
• Product identifier(s) (if present)
• All EUH, H & P risk phrases indicated on the MSDS. As a minimum, a product sold to the general public, such as e-liquids, must indicate the following hazard phrases : P101 If a doctor is consulted, keep the container or label available. P102 Keep out of reach of children. P103 Read the label before use. It is important to note that the number of the phrases (P101, P102…) is not obligatory but the exact text of the phrase is obligatory (however it is not allowed to put only the number of the phrases without the text behind).
• The words “Sales to minors prohibited” (if present)
• Tactile index for the visually impaired (if present)

 

To go further, here is a complete guide on MSDS proposed by INRS: “The Safety Data Sheet”.

 

Sources : INRS, ORME CONSEIL