New European legislation has come into force recently, its been delayed by IT issues but it is now here and it will affect E-liquids, TPD and Shortfil. It’s a requirement to centrally register all products with a hazard classification with central European Poisons Centre. We have until December 2019 to get compliant and whilst at the moment it does not affect UK business, the UK has yet to bring the required legislation into force, it is in place across Europe and Germany in particular are requiring it. If the UK Brexit does not happen it will affect all UK business as well.
It requires you to register your products with the central European portal where you will be issued with a Unique Formulation Identification code (one for each product), this code is then put on your packaging typically by the bar code. The idea being that if there is a poison incidence a poison centre can enter the code into their system and immediate see a breakdown of the products formulation. This is going to be disruptive in many ways.
Firstly there is the administration and logistics of getting things registered, and like TPD it requires you have access to your full formulation and CAS numbers, which can be challenging, this regulation does not apply to foods, so it may come as a surprise when you ask your flavour house about it. The full formulation is required however ranged data can be given, its not enough to just put the information from the MSDS sheet into it.
The key issue that has to be tackled, it’s not clear how confidential the data will remain in the system, so I expect quite a lot of activity in this area over the next few months and into next year. There is discussion of extending the deadline for compliance and this may be neeed, also if you have notified your products to a national poisons centre your exempt from compliance until 2022.