From:
Monona Rossol <0000030664c37427-dmarc-request**At_Symbol_Here**LISTS.PRINCETON.EDU>
Subject:
Re: [DCHAS-L] Question about EU REACH intermediate end use registration
Date:
Mar 6, 2023 15:52 UTC
Reply-To:
Monona Rossol <actsnyc**At_Symbol_Here**CS.COM>
Message-ID:
<1115484282.5007029.1678117931034**At_Symbol_Here**mail.yahoo.com>
In-Reply-To:
<414DD146-CDA9-4E48-BDFC-E21B568AA9F2**At_Symbol_Here**ilpi.com>
Nice explanation, Rob. And section I of the GHS SDS should state the chemical manufacturer's intended use for that chemical. Here in the U.S. that use is often ignored, especially in the arts and entertainment industries. So chemicals intended for use as a laboratory reagents may end up in art materials or theatrical effects. Not against the law. But we watch for those issues because now all the liability for any problems or injuries from use of the chemical is born by the secondary product manufacturer. The chemical manufacturer is totally off the hook (unless we can establish that they repeatedly and knowingly sold the chemical for this end use.)
For example, theatrical fog effects manufacturers often liked to tout their chemicals as GRAS for use in food. But FDA does not approve any food substance for the inhalation route. And some food substances are very hazardous when inhaled. The classic examples are oils such as mineral oil which can cause lipoid pneumonia.
And now, there is a fog used only in film that is a liquid polyethylene glycol MW~400. The fog machines make mists that usually range from 0.1 to 10 microns in diameter. And PEG doesn't metabolize. Hmmmm. But I don't think the manufacturers intended it to be misted and inhaled.
Monona
-----Original Message-----
From: Info <info**At_Symbol_Here**ILPI.COM>
To: DCHAS-L**At_Symbol_Here**Princeton.EDU
Sent: Fri, Mar 3, 2023 11:49 am
Subject: Re: [DCHAS-L] Question about EU REACH intermediate end use registration
Disclaimer: I am not an attorney and this is not legal advice.
REACH is an EU regulation. The European Union has no jurisdiction within the US any more than, say, China or Russia. You are correct, the PI is under no obligation to comply.
However...
This is strictly a guess: If Fisher got the chemical from a European chemical producer and the EU regulations require that producer to document the end users, then the manufacturer may have contracturally required Fisher to document the end user. If the PI doesn’t want to sign it, that’s fine, but in this case Fisher wouldn’t be able to sell it to the PI and be in compliance with their sales/purchase agreements. So it’s not the regulations/regulators throwing this at you, but lawyers and contracts.
I would consider crafting a statement to the effect of “The end use of this chemical is within the United States of America and is not under the jurisdiction of the European Union or REACH.” if you have an objection to signing the Fisher statement. Or find a different supplier.
Best wishes,
Rob Toreki
Hello All,
A PI had emailed me asking about information on the EU REACH intermediate end use registration that they had to sign in order to get a chemical delivered from Fischer. From the information I’ve seen online, I do not think EU REACH applies here in the US, but just wanted to make sure as I could not find information in regards to this for the US. The PI asked for protocols for EU REACH but we do not have this and I do not think they need any (beyond the already established laboratory protocols for handling the chemical). Any information and insight on this would be appreciated.
Thank you,
Amanda
Amanda Chung, Ph.D. (she/her)
Chemical Hygiene Officer, Environmental, Health, and Safety
UNT Risk Management Services
940.565.4196
--- For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at membership**At_Symbol_Here**dchas.org
---
For more information about the DCHAS-L e-mail list, contact the Divisional membership chair at
membership**At_Symbol_Here**dchas.org
