Understanding REACH (UK)

If your business manufactures, imports, distributes, or uses chemical substances, you are part of a vast supply chain that touches almost every industry—from paints and cleaning products to electronics, textiles, and machinery.

Since 1 January 2021, the UK has operated its own independent chemical regulatory framework: UK REACH. While it was originally based on the European Union’s REACH regulation, it now operates entirely separately.

Here's the critical point: If you handle chemical substances in Great Britain (England, Scotland, Wales) at volumes of 1 tonne or more per year, you have legal obligations under UK REACH. Furthermore, if you trade with Northern Ireland or the EU, you must also navigate EU REACH. Non-compliance can result in enforcement action, fines, and the inability to legally supply or use essential materials.

REACH stands for Registration, Evaluation, Authorisation and Restriction of Chemicals. Its core principle is "no data, no market."The regulation places the responsibility on industry to manage the risks posed by chemicals and to provide safety information on those substances. The Health and Safety Executive (HSE) is the competent authority for UK REACH in Great Britain.The main goals of UK REACH are to:

• Protect human health and the environment from the risks posed by chemical substances.

• Promote alternative methods for hazard assessment (e.g., reducing animal testing).

• Ensure the free movement of substances on the Great Britain market while enhancing innovation and competitiveness in the UK chemicals industry.

• Mandate transparency by requiring businesses to communicate safety information up and down the supply chain, typically via Safety Data Sheets (SDS).

While the key principles are similar, the two systems are now entirely independent.

Your obligations under UK REACH depend entirely on your role in the supply chain and the tonnage of the substances you handle.

Key Takeaways for Small Businesses:

• No "Small Business" Exemption: UK REACH applies regardless of your company size. If you import or manufacture 1 tonne or more of a substance per year, the registration obligation is triggered.

• The "Importer" Shift: Many GB businesses that previously received goods from the EU seamlessly under EU REACH are now legally classified as "Importers" under UK REACH. This shifts the registration burden directly onto them.

• Dual Compliance for Northern Ireland: If you supply goods to Northern Ireland, EU REACH applies, not UK REACH. You must ensure compliance with ECHA requirements for those specific transactions.

• Supply Chain Communication is Mandatory: You must actively request and provide Safety Data Sheets (SDS). If you are a downstream user, you must inform your supplier of your specific use so they can include it in their chemical safety report.

1. Identify Your Role and Scope Determine whether you are a manufacturer, importer, downstream user, or distributor of articles. Remember, "chemicals" include individual substances, mixtures (like paints or adhesives), and substances within finished articles (like electronics or textiles) if they are intended to be released.

2. Check Your Tonnage Thresholds Calculate the total volume of each individual chemical substance you manufacture or import per year. The core registration threshold is 1 tonne per annum (tpa). Keep accurate records of your import/manufacturing volumes.

3. Register or Submit a DUIN

• If you are a new importer/manufacturer: You must register the substance with the HSE before placing it on the market.
• If you were an existing downstream user before 1 Jan 2021: You may be eligible to submit a Downstream User Import Notification (DUIN). This secures extended, staggered deadlines (up to 6 years) to allow your supplier to register the substance, rather than forcing you to register it immediately.

4. Communicate Down the Supply Chain Ensure you have up-to-date, UK-compliant Safety Data Sheets (SDS) for all hazardous mixtures and substances. Pass these on to your customers, and ensure your own use of the chemical aligns with the "Identified Uses" listed on the SDS.