Candles: SDS obligations
Whether you are a manufacturer, distributor, importer or formulator, the Safety Data Sheet (SDS) is a mandatory step in the compliance of your candles. It consists of 16 sections and each actor in the product supply chain is responsible for the information contained in the SDS.
This includes substance identification, ecological and toxicological hazards, information on the components or safety actions to be taken. Depending on their position in the supply chain, the different actors have different obligations with regard to the SDS.
The manufacturer is any natural or legal person established in the European Community who produces the candle. He must provide an SDS according to the REACH regulation if the product is a mixture of substances (which is the case for candles), or if it contains a dangerous substance.
The distributor is any natural or legal person established in the European Community, including a retailer, who only carries out operations of storage and marketing of a substance, as such or contained in a mixture for third parties. He is very important because he is in the middle of the supply chain. He must therefore be in possession of the SDS, but also pass on the appropriate recommended risk management measures.
The importer can ask for the SDS, and must then keep it for a period of at least ten years after the last date of receipt (if for example it undergoes some changes). The importer must also observe the hazard precautions given in the SDS, e.g. with regard to transport conditions.
Importers of candles in Europe must have and adapt their Safety Data Sheets and labels in the language of the country where the candle will be sold in order to comply.
A candle manufacturer can be a downstream user if he uses a wax from a supplier in a mixture in his industrial activity. He then becomes a formulator and has to check the supplier's SDS for compliance and compliance with exposure scenarios, carry out a chemical safety assessment and ensure that the information is compliant. But he also has to create an SDS for his formula afterwards, in the language of the country of sale, with compliant labelling and communicate to suppliers any new or additional data on the hazards of the substances.
Key compliance elements for candles and labels
CLP Regulation
Candles must comply with the CLP Regulation on classification,labelling and packaging of products. This regulation aims to inform consumers of potential risks and a non-compliant label may indicate a non-compliant product. Each candle must have a label indicating the risks associated with environmental releases, hazard pictograms and precautions for use.
Poison Control Centre Declaration
As candles can be considered as hazardous mixtures, it is necessary to declare the mixture in the harmonised PCN (Poison Centres Notification) format common to all EU Member States.
Control authorities
It is worth recalling that the competent authorities can control the compliance of products. In France, it is the Direction générale de la Concurrence, de la Consommation (DGCCRF) which controls the points of sale and can sanction companies selling non-compliant products.
The penal and administrative consequences can go up to a €50,000 fine and 3 years in prison.
The IFRA association
The International Fragrance Association (IFRA) is an association representing the fragrance industry internationally. French manufacturers of scented candles have committed to using only substances that meet the standards and recommendations of IFRA.
These fragrances therefore have an IFRA certificate issued by the fragrance manufacturer attesting that the manufacturing process is in accordance with industry standards.
Standards and AFNOR
Before a candle can be marketed, it must pass a series of tests in order to comply with various standards, particularly with regard to soot emission, fire safety, wick quality, labelling and combustion. For example, during its combustion, a candle can emit various substances and particles that can be harmful (such as dioxins or polycyclic aromatic hydrocarbons).
In France, the AFNOR group has translated these various standards, in particular the one relating to the fire safety of candles. It requires specific labelling, corresponding to the European standard EN 15494, which consists of 7 mandatory pictograms.
Directive 87/357/EEC
Finally, some candles can look very similar to food, and although they can be very attractive to consumers, it is important to bear in mind that EU Council Directive 87/357/EEC prohibits from the European market any product that is potentially dangerous because it resembles food in shape, smell or packaging.
Want to know more about making your candles compliance?
For more information, do not hesitate to contact Renaud Germain-Thomas or one of our experts !
