GHS and Disclosure of Confidential Business Info in SDSs

GHS has given different competent authorities capabilities to make their own provisions to protect confidential business info in SDSs or on labels as along as such provisions do not compromise the health and the safety of workers and consumers. GHS has also set a few general principles for the disclosure of confidential business info (CBI) in SDSs and on labels:

• CBI claims should be limited to the names of substances and their concentrations in mixtures;
• Where CBI has been withheld, the SDS and the label shall indicate;
• CBI should be disclosed to competent authority upon request.

In some region or countries, withholding confidential business info in SDSs or labels even requires prior approval from local competent authorities. In this article, we have summarized the information disclosure requirements in major countries that have adopted GHS.

EU

In EU, essentially all hazardous substances must be declared in the safety data sheets (SDSs) if their concentrations exceed certain cut-off value (usually, 0.1% or 1% depending on hazards). Usually non-hazardous constituents do not need to be disclosed. However, non-hazardous substances must also be disclosed if there are union workplace exposure limits or if they belong to PBT substances. When disclosing composition info in SDSs, substance identifiers (CAS number or EC number), substance names as well as concentration or concentration ranges must be provided. If the concentration range is used, the classification derived for the particular concentration range should be based on the highest concentration in the range quoted.

Companies who are concerned about disclosing the full composition of a mixture in safety data sheets (SDSs) or on product labels can request the use of an alternative chemical name for a hazardous substance to protect their trade secrets. The request must be submitted to European Chemicals Agency (ECHA). A fee also needs to be paid in accordance with EU CLP regulation.

Reference

GHS and Disclosure of Confidential Business Info in SDSs