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On 11 January 2024, the Health and Safety Executive published a bulk of Technical Reports and Final Opinions to propose mandatory classifications under the GB Classification, Labelling and Packaging (CLP) Regulation for the 90 substances which were part of the 14th and 15th Adaptations to Technical Progress (ATP) to the EU CLP Regulation.
The 14th and 15th ATP to EU CLP were published in 2020 before the end of the Brexit transition period; however, the HSE did not include these in GB CLP at the time. The HSE will then make a recommendation to the Secretary of State (ministers) to give effect to the Opinion, which, if agreed, will add the 90 substances to the GB Mandatory Classifications List (MCL).
It is important to note that the Final Opinions make a different proposal for mandatory classification compared to the EU harmonised classification for 26 of the 90 substances; and two substances are not proposed for mandatory classification. The below points cover key substances with INCI names that have proposed CMR classification.
- Butylphenyl methylpropional (BMHCA)/’lilial’as CMR1B (reprotox) à already banned in cosmetic products with this Statutory Instrument in 2022.
- Pentetic acid, no CMR classification proposed in GB.
- Pentasodium pentetate, no CMR classification proposed in GB.
- Sodium hydroxymethylglycinate (SHMG) as CMR1B (carc) and CMR2 (muta) à regulatory management for cosmetic products was already implemented with this Statutory Instrument in 2022.
- Zinc pyrithione (ZnPT) as CMR 1B (reprotox) à regulatory management for cosmetic products was already implemented with this Statutory Instrument in 2022.
- Titanium dioxide in powder form has no proposed mandatory classification at this time. The HSE is aware of additional information that may alter the classification of the substance at a later stage. This may therefore trigger the Article 37A in the future. Under the UKCR, titanium dioxide has a different Annex III entry than the one applicable in the EU.