About the Update

"By-law Amending the Classification, Labeling, and Packaging of Substances and Mixtures" amending the " By-law on the Classification, Labelling and Packaging of Substances and Mixtures" (SEA By-law), which was published in Official Gazette nr. 28848 dated 11/12/2013, has been issued on the Official Gazette dated 10/12/ 2020 and number 31330, and came into force. The update includes the 5th to 13th (except for the 12th) ATPs (Adaptations to Technical Progress) of the EU Regulation (EC) No 1272/2008 on the Classification, Labelling and Packaging of Substances and Mixtures (CLP).

These changes can be reviewed under two main titles: updates to the Main Text of the SEA By-law and updates to the Annexes of the SEA By-law.

Changes in the Main Text of By-law on SEA

The references to Annex-8, Annex-9, Annex-10, and Annex-11 of the SEA By-law were directed to the relevant provisions of the "By-law on Registration, Evaluation, Authorization and Restriction of Chemicals" (KKDİK By-law).

The phrase "inhalation hazard" in item (c) of the first paragraph of Article 25 of the SEA By-law, which was related to "Exceptions in Labeling Requirements for Special Cases", has been corrected to "aspiration hazard". By adding paragraph (e) to the same Article of the Regulation, exceptions are brought in special cases for the labeling of substances and mixtures classified as corrosive to metals but not classified as corrosive to skin and/or eye, in compliance with Item 1.3 of Annex-1.

With the addition of item (ç) to the second paragraph of Article 36 of the SEA By-law, it was decided that "liquid detergents placed on the market for consumer use in single-use soluble packaging shall be packaged in accordance with item 3.3 in the third part of Annex-2".

An exemption was made for the Classification and Labeling notification of the substances registered according to the KKDİK By-law by adding the fifth paragraph to Article 41 of the By-law, which regulates the "Obligation to Notify".

Changes in the Annexes of SEA By-law

Annex-7, Annex-8, Annex-9, Annex-10, and Annex-11 of the By-law have been repealed. A number of amendments were also made in the annex-1, annex-2, annex-3, annex-4, annex-5, and annex-6 of the same By-law.

In accordance with Article 25 of the SEA By-law that regulates the requirements for the Classification and Labeling of Hazardous Substances and Mixtures, by adding sub-item 1.3.6 to the “Exceptions in Labeling Requirements for Special Cases” in Item 1.3 of part 1 of Annex-1, an exemption was brought for the use of the GHS05 hazard pictogram on the label of substances or mixtures placed on the market for consumer use in finished form that is classified as corrosive to metals but not classified for skin corrosion or serious eye damage (Category 1).

In accordance with Article 31 of the By-law, and by adding sub-item 1.5.2.4 to “Exceptions from Labeling and Packaging Requirements” in item 1.5 of part 1 of Annex-1, exemptions were brought to label elements indicated in Article 19 of the By-law regarding the labels in the inner packaging of substances and mixtures, contents of which do not exceed 10 ml in volume, which is intended for scientific research and development or quality control analysis and placed on the market for being supplied to distributors and downstream users in outer packaging containing inner packaging and label information.

By including chemically unstable gases in the hazard class for flammable gases in Item 2.2 of part 1 of Annex-1 which describes the classification criteria and labeling elements for physical hazards, two new categories (category A and category B) have been added, and classification criteria for these categories are described in Table 2.2.2 and label elements are described in Table 2.2.3.

The title “Flammable Aerosols” in Item 2.3 of part 1 of Annex-1 has been changed to Aerosols. Aerosol category 3 classification criteria and decision-making rationale have been added to item 2.3.2.2 and Figure 2.3.1. Label elements related to this classification category are included in Table 2.3.1.

Additional packaging rules have been defined for liquid detergents that are placed on the market for consumer use within single-use soluble packaging by way of adding item 3.3 to part 3 of Annex-2 including “Special Rules on Packaging”, which regulates “Rules for the Labeling and Packaging of Certain Substances and Mixtures”.

Updates were made in the list of hazard statements in Annex-3, in the list of precautionary statements in Annex-4, and in the second column of the hazard symbols in Annex-5. There were also updates in Table 3: Harmonized classification and labeling of hazardous substances within “Harmonized Classification and Labeling for Certain Hazardous Substances” in part 3 of Annex-6. Approximately 200 items were added to the list in Table 3, and the classification and labeling of approximately 150 items in the list have been updated.

Conclusion

The regulation came into force on the date of publication. With Provisional Article 1, an exemption has been made until 1/1/2023 for the re-labeling and packaging of substances and mixtures placed on the market before 1/1/2023.

Another important issue is the classification and labeling (C&L) notification for substances placed on the market and classified as non-hazardous under the SEA By-law. With this update, according to the provision in Article 41 of the SEA By-law, the manufacturers or importers who place on the market substances subject to registration, which are classified as non-hazardous according to the “ By-law on the Registration, Evaluation, Authorization, and Restriction of Chemicals”, should make the C&L notification over the KKS system to the Ministry without delay.

From this day forward, liquid detergents placed on the market for consumer use in single-use soluble packaging must be packaged in accordance with the additional packaging rules specified in part 3 of Annex-2.

Respectfully submitted for your information.

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