TREACH (KKDIK) BY-LAW (Part 4)
BY-LAW ON REGISTRATION, EVALUATION, AUTHORIZATION AND RESTRICTION OF CHEMICALS
FOURTH PART
Information in the Supply Chain
Requirements for safety data sheets
ARTICLE 27 – (1) The supplier of a substance or a mixture shall provide the recipient of the substance or mixture with a safety data sheet compiled in accordance with Annex 2 and prepared by a certified chemicals assessment expert according to Annex 18:
- Where a substance or a mixture meets the criteria for classification as hazardous in accordance with the Bylaw on Classification, Labelling and Packaging of Substances and Mixtures or
- Where a substance is persistent, bio accumulative and toxic or very persistent and very bio accumulative in accordance with the criteria set out in Annex 13; or
- Where a substance is included in the list established in accordance with Article 49 for reasons other than those referred to in points (a) and (b).
Any actor in the supply chain who is required, under Articles 15 or 33 to carry out a chemical safety assessment for a substance shall ensure that the information in the safety data sheet is consistent with the information in this assessment. If the safety data sheet is developed for a mixture and the actor in the supply chain has prepared a chemical safety assessment for that mixture, it is sufficient if the information in the safety data sheet is consistent with the chemical safety report for the mixture instead of with the chemical safety report for each substance in the mixture.
The supplier shall provide the recipient at his request with a safety data sheet compiled in accordance with Annex 2, where a mixture does not meet the criteria for classification as hazardous in accordance with Bylaw on Classification, Labelling and Packaging of Substances and Mixtures, but contains:
- In an individual concentration of ≥ 1 % by weight for non-gaseous mixtures and ≥ 0,2 % by volume for gaseous mixtures at least one substance posing human health or environmental hazards; or
- In an individual concentration of ≥ 0,1 % by weight for non-gaseous mixtures at least one substance that is carcinogenic category 2 or toxic to reproduction category 1, respiratory sensitiser category 1 or is persistent, bio accumulative and toxic or very persistent and very bio accumulative in accordance with the criteria set out in Annex 13 or has been included for reasons other than those referred to in point (a) in the list established in accordance with Article 49(1);
- A substance for which there is workplace exposure limits.
The safety data sheet need not be supplied where substances that are hazardous offered or sold to the general public, are provided with sufficient information to enable users to take the necessary measures as regards the protection of human health, safety and the environment, unless requested by a downstream user or distributor.
The safety data sheet shall be supplied in Turkish.
The safety data sheet shall be dated and shall contain the following headings:
- Identification of the substance/ mixture and of the company/undertaking;
- Hazards identification;
- Composition/information on ingredients;
- First-aid measures;
- Fire-fighting measures;
- Accidental release measures;
- Handling and storage;
- Exposure controls/personal protection;
- Physical and chemical properties;
- Stability and reactivity;
- Toxicological information;
- Ecological information;
- Disposal considerations;
- Transport information;
- Regulatory information;
- Other information.
Any actor in the supply chain who is required to prepare a chemical safety report according to Articles 15 or 33 shall place the relevant exposure scenarios (including use and exposure categories where appropriate) in an annex to the safety data sheet covering identified uses and including specific conditions resulting from the application of Section 3 of Annex 11.
Any downstream user shall include relevant exposure scenarios, and use other relevant information, from the safety data sheet supplied to him when compiling his own safety data sheet for identified uses.
Any distributor shall pass on relevant exposure scenarios, and use other relevant information, from the safety data sheet supplied to him when compiling his own safety data sheet for uses for which he has passed on information according to Article 33(2).
(8) A safety data sheet shall be provided free of charge on paper or electronically.
(9) Suppliers shall update the safety data sheet without delay on the following occasions:
- As soon as new information which may affect the risk management measures, or new information on hazards becomes available;
- Once an authorization has been granted or refused;
- Once a restriction has been imposed.
(10) The new, dated version of the information, shall be provided free of charge on paper or electronically to all former recipients to whom they have supplied the substance or mixture within the preceding 12 months. Any updates following registration shall include the registration number.
(11) The safety data sheets for substances shall contain the classification according to Bylaw on Classification, Labelling and Packaging of Substances and Mixtures.
Duty to communicate information down the supply chain for substances on their own or in mixtures for which a safety data sheet is not required
ARTICLE 28 – (1) Any supplier of a substance on its own or in a mixture who does not have to supply a safety data sheet in accordance with Article 27 shall provide the recipient with the following information:
- The registration number(s) referred to in Article 20(3), if available, for any substances for which information is communicated under this paragraph;
- If the substance is subject to authorization and details of any authorization granted or denied under Part 7 in this supply chain;
- Details of any restriction imposed under Part 8;
- Any other available and relevant information about the substance that is necessary to enable appropriate risk management measures to be identified and applied including specific conditions resulting from the application of Section 3 of Annex 11.
The information referred to in paragraph 1 shall be communicated free of charge on paper or electronically at the latest at the time of the first delivery of a substance on its own or in a mixture after the enforcement date.
Suppliers shall update this information without delay on the following occasions:
- As soon as a new information which may affect the risk management measures, or new information on hazards becomes available;
- Once an authorization has been granted or refused;
- Once a restriction has been imposed.
(4) In addition, the updated information shall be provided free of charge on paper or electronically to all former recipients to whom they have supplied the substance or mixture within the preceding 12 months. Any updates following registration shall include the registration number.
Duty to communicate information on substances in articles
ARTICLE 29 – (1) Any supplier of an article containing a substance meeting the criteria in Article 47 in a concentration above 0,1 % weight by weight (w/w) shall provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance with respect to the Article 49 (1).
(2) On request by a consumer any supplier of an article containing a substance meeting the criteria in Article 47 in a concentration above 0,1 % weight by weight (w/w) shall provide the consumer with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance with respect to the Article 49 (1).The relevant information shall be provided, free of charge, within 45 days of receipt of the request.
Duty to communicate information on substances and mixtures up the supply chain
ARTICLE 30 – (1) Any actor in the supply chain of a substance or a mixture shall communicate the following information to the next actor or distributor up the supply chain:
- New information on hazardous properties, regardless of the uses concerned;
- Any other information that might call into question the appropriateness of the risk management measures identified in a safety data sheet supplied to him, which shall be communicated only for identified uses.
Access to information for workers
ARTICLE 31 – (1) Workers and their representatives shall be granted access by their employer to the information provided in accordance with Articles 27 and 28 in relation to substances or mixtures that they use or may be exposed to in the course of their work.
Obligation to keep information
ARTICLE 32 – (1) Each manufacturer, importer, downstream user and distributor shall assemble and keep available all the information he requires to carry out his duties under this Bylaw for a period of at least 10 years after he last manufactured, imported, supplied or used the substance or mixture. That manufacturer, importer, downstream user or distributor shall submit this information or make it available without delay upon request to the Ministry without prejudice to Parts 2 and 6.
In the event of a registrant, downstream user or distributor ceasing activity, or transferring part or all of his operations to a third party, the party responsible for liquidating the registrant, downstream user or distributor’s undertaking or assuming responsibility for the placing on the market of the substance or mixture concerned shall be bound by the obligation in paragraph 1 in place of the registrant, downstream user or distributor.
TURKREACH (KKDIK) BY-LAW
- FIRST PART - General Issues
- SECOND PART - Registration of Substances
- FIRST SECTION - Information Requirements and General Obligation to Register
- SECOND SECTION - Substances Regarded as Being Registered Substances
- THIRD SECTION - Obligation to Register and Information Requirements for Certain Types of Isolated Intermediates
- FOURTH SECTION - Common Provisions for All Registrations
- THIRD PART - Data Sharing and Avoidance of Unnecessary Testing
- SIXTH PART - Evaluation
- SEVENTH PART - Authorization
- EIGHTH PART - Restrictions on the Manufacturing, Placing on the Market and Use Of Certain Dangerous Substances, Mixtures and Articles