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Chemicals Coffee Time Monthly, March 2024

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Dear Reader,

Happy Easter!

It’s been a busy old month in the Regulatory Affairs world. Much to our surprise, Chemicals Coffee Time broke the news of the new Indian chemicals inventory, which is going to be used as a precursor for India’s version of REACH on LinkedIn, and it turned out that many Indian Regulatory Affairs professionals had not picked up on it, so we’ll start with that.

Around the World – Indian Chemicals Inventory

On February 19th, the India Gazette (announces new legislation), published a Notification from the Ministry of Chemicals and Fertilizers that all companies with an Indian Entity are required to submit data on Production, import, export and sales of chemicals to their web-portal on a monthly basis.

The information must be submitted by the 10th of each month and is quite in depth. (Formulations, tonnages, impurities, destination countries for export etc…)

Whilst enforcement can be lacking in India, non-compliance will have negative consequences for companies because the data submitted will form the initial list of substances that comprise the Indian Chemical Inventory. This means that if you fail to submit information you may find yourself needing to get a costly registration when the data collection period ends and the inventory closes.

The Gazette announcement can be found here: https://egazette.gov.in/writeReadData/2024/252438.pdf (Scroll down for the English language section).

The web-portal for data submission is being run by the Indian Government partner ‘ChemIndia’. The portal is English language, and they have a user manual available for download here: https://chemindia.chemicals.gov.in/LandingPage/Home/UserManual​

Even if you don’t have an Indian sales Entity, expect to start receiving requests for full formulation information from your Indian customers so that they can meet their new obligations.

This has been so badly publicised that when Ali learned about it, there was only a single google link to the gazette announcement, which is apparently fairly typical of the Indian government (according to one of our Regulatory Affairs contacts there). Please feel free to let your colleagues know about this issue.

Question about the Indian arrangements

After My colleague Alison Potts (Ali) published the above post on LinkedIn, we had a query from Dr. Rashmi Naidu, an Independent Advisor & Trainer (Chemical Regulations & SDS) from Mumbai, as follows “If Alison could indicate from where she got the info. pertaining to “if companies do not submit data to the ChemIndia portal, they will have to comply with costly registration...”. Interestingly, the notification does not mention such information. Thank you again for forwarding my query to Alison.”

Ali replied: Thanks for your query. We haven’t given specifics about registration requirements or costs because the exact legislation is still in draft. However this refers to the Indian Chemicals Management and Safety Rules (CMSR) which is often referred to as ‘India REACH’. There have been 5 drafts of this legislation since 2018 and the implementation date is unknown (it was significantly delayed by Covid and the subsequent economic problems).

The key expectations are:

  • Chemicals on the inventory will be split into Priority and Standard Chemicals -Priority Chemicals will have reporting requirements
  • Chemicals not on the inventory will need to be notified or registered based on their hazards and usage (both of which incur fees). There will be costly data requirements for these activities. Notification/Registration will have to be completed before use, as in other countries with REACH type legislation.

The draft is expected to change again before publication and these changes will include fees, data requirements and implementation time scales.

The Reporting requirement in our post (and the Web portal) is intended to build the initial inventory to form the framework for the CMSR.

India disclosure requirements – a reader writes

Clive Foster from Dominion Colours Ltd writes: I am grateful for you digging out this Indian change as I was prepared for something slightly different…

There was a bit of noise regarding India wanting full compositions ca July/August 2023 which was relaxed ca Oct 2023, I think it then focused only on hazardous components. (I can’t see references to sources in my notes – sorry) .

This new portal appears to require only components >=10% to be identified (irrespective of hazard). Whilst this is another time-consuming chore it might not lead to the loss of as much confidential information as I previously feared.

Unfortunately, Ali had to disappoint Clive (and probably many of today’s readers) by confirming that the import declaration requirement does in fact still exist, and Clive is spot on with his dates. It’s Customs and Excise legislation and nothing to do with chemicals management.

Initially due to kick in 1st July last year with full disclosure for products, it was scaled back to an October 2023 implementation with declaration of ‘Main/Active Ingredients’ (in the case of mixtures). There’s a pretty good summary on this ‘Indian Tax Guru’ website although we apologise in advance for the multitude of ads on that page (https://taxguru.in/custom-duty/new-import-export-declaration-rules-chemical-products.html).

It seems that the ChemIndia portal (https://chemindia.chemicals.gov.in/) which requires notification for Regulatory purposes separately will require full disclosure.

Many thanks to Clive for reminding readers of the separate Customs and Excise declaration requirement for companies shipping chemical products to India.

ChemIndia Portal Meeting on 18th March

Dr Rashmi Naidu has also summarised a meeting on the 18th March about the portal, which clarified many of the queries industry has, see : https://www.linkedin.com/posts/dr-rashmi-naidu-859a04121_chemindia-portal-chemicals-petro-chemicals-activity-7175781395972120578-_dvF

Many thanks to Dr Naidu for keeping us up to date with this situation, we really appreciate it.

EU-UK Divergence Update

New GB-MCLs

The HSE published 10 new GB MCL Agency Opinions this month. The substances are:

  • 7-oxabicyclo[4.1.0]hept-3-ylmethyl 7-oxabicyclo[4.1.0]heptan-3-carboxylate (CAS#2386-87-0)
  • Tetrasodium 4-amino-5-hydroxy-3,6-bis[[4-[[2- (sulphonatooxy)ethyl]sulphonyl] phenyl]azo]naphthalene-2,7- disulphonate (17095-24-8)
  • 2-(dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4- (morpholin-4-yl)phenyl]butan-1-one (CAS# 119344-86-4)
  • Formic Acid (CAS# 64-18-6)
  • Dicamba (ISO) (CAS# 1918-00-9)
  • Formaldehyde (CAS# 50-00-0)
  • S-metolachlor (ISO); 2-chloro-N-(2-ethyl-6-methylphenyl)-N- [(2S)-1-methoxypropan-2-yl]acetamide (CAS# 87392-12-9)
  • Peracetic acid (CAS# 79-21-0)
  • Ethanethiol (CAS# 75-08-0)
  • Trimethyl borate (CAS# 121-43-7)

All 10 agency opinions are in agreement with the EU RAC opinions so these substance classifications will eventually be brought into alignment with the European Harmonised Classified and Labelling.

Whilst this undoubtedly makes life easier for people who sell into both jurisdictions, it does emphasize that the official HSE advice that you must use the official classification on the MCL even if you have evidence (for example the EU HCL and the UK technical report) that the end point should be more severely classified, could be revised.

One new and one updated EU OEL

Phil Rowley (retired but open to a little light consultancy) writes: A new Directive with updated occupational exposure limit values for lead and its compounds, and a new one for diisocyanates. https://eur-lex.europa.eu/eli/dir/2024/869/oj .

Divergence on Tattoo Ink Restriction

A reader asks whether the tattoo ink restriction, which has been under consideration by the HSE since Brexit, is being brought in. (It’s already “live” in the EU, see https://echa.europa.eu/substances-restricted-under-reach .

Ali writes: Tattoo ink restrictions are still part of the HSEs 2024 workplan but our reader is right, they aren’t moving at the moment. Essentially, all the work was completed for these in May 2023 but they were always targeting a 2024 implementation (it’s drafted into their decision document as a 2024 target for publication).

It’s deliberate, because they are hoping that the UK industry can benefit from the R&D work on alternatives that has already been done in the EU. One of the things they noted in the challenge panels was a concern that the short transition in the EU Restriction caused an upswing in less known substances being used and there were more adverse reactions and allergic responses. The UK is intentionally pushing longer implementation and transition to try to avoid this.

The target publication is 2024 (I’d expect something around May/June – because it needs to be signed off by the secretary of state well in advance of the general election), then a 2 year transition for manufacturers and suppliers (2026) and a further year for end users (2027).

This is an extract from the preferred draft (known as RO2a). It’s 5 pages so please scroll Restriction – Tattoo Inks_UK REACH.pdf. The full RO2a document, is here: https://www.hse.gov.uk/reach/restrictions/tattoo-inks/opinion.pdf.

There is a less preferred draft (RO2) where the only change is the incorporation of GB MCL substances classified as Skin Irrit. 2 or Eye Irrit. 2. The authorities don’t feel these two categories are actually necessary because the transient irritation effects will be minimal alongside the physical response to the tattoo needling. Hence their preference for RO2a.

Either way, I anticipate that we’ll see RO2a or RO2 published in the next few months. Watch this space!

Other EU News

Two new EU regulations

Phil Rowley writes again: two new EU Regulations – one on fluorinated greenhouse gases (https://eur-lex.europa.eu/eli/reg/2024/00573/oj which amends and repeals several existing EU laws) and one on ozone depleters (https://eur-lex.europa.eu/eli/reg/2024/590/oj, also repealing a single existing EU regulation).

Many thanks to Phil for another good spot, we really appreciate your contributions.

If you or your family use an inhaler (for example for asthma), you may be interested to know that it may contain HFCs, and the new greenhouse gas regulation does mention this use and the need for industry to develop alternatives.

CLP Legislative Act has a definite voting date

More signs that the EU parliament will vote on the CLP Legislative act in April. A draft agenda indicates that it is pencilled in for the voting session on Tuesday 23rd April (12-1pm). This is a good clue that the correct paperwork has been filed (well in advance) and there is very little that can stop it now.

As long as the voting session has enough MEPs (hits quorate) it will pass.

We’ve had a couple of people ask for the current draft (which is available here: https://data.consilium.europa.eu/doc/document/ST-16721-2023-REV-1/en/pdf). We’ll print the highlights after the vote. As usual, we advise that you do not take any actions until the vote has passed, and we know exactly what the new Act will contain.

Other GB News

UK CBAM proposals

Zuzana Hovorka of Anglo American Woodsmith writes: on 21st March, the UK Government launched a consultation on proposals for UK-CBAM, with a 12 week window to put forward your opinions. Consultation on the introduction of a UK carbon border adjustment mechanism – GOV.UK (www.gov.uk)

Many thanks to Zuzana. Although CBAM affects fertilisers initially, we know organic chemicals will be next, so feel free to put forward your thoughts just now.

The UKCA mark isn’t dead, it’s just sleeping*

Following the announcement last year that the EU’s CE mark could still be used on UK/GB articles, it seems reports of its demise were exaggerated.

Neil Hollis of BASF writes: this may interest some readers: Webinars for using the UKCA and CE markings to place products on the market in Great Britain and Northern Ireland – GOV.UK (www.gov.uk) .

These are a series of 4 webinars on this knotty topic running in March and April, and they look like essential viewing if you have to use a conformity mark on your goods.

(* Sorry, I just couldn’t resist the Dead Parrot Sketch reference: https://www.youtube.com/watch?v=vZw35VUBdzo)

Process Safety Corner

Recent incidents:

Useful videos:

Infographic of the Month

10 visuals that will “change the way you think” (or remind you if you already know about them): https://www.linkedin.com/posts/donnellychris_10-visuals-that-will-change-the-way-you-think-activity-7168951352595828737-NH_W?

Bonus Infographic – another Periodic Table (if you collect them!)

Here at TT Environmental Ltd we do like an interesting Periodic Table, so here’s one showing the “true activity” of elements (courtesy of Nicholas S. Edmond of Richmond Chemicals): https://www.linkedin.com/posts/nicholas-s-edmond_true-activity-7165616141682356224-rYx8/

The Weekend Read

We truly know so very little about climate that it makes me shudder to hear many of the predictions made about it.

As an example, did you see this the other week – it looks like Mars interacting the the Earth affects deep ocean currents: https://www.sydney.edu.au/news-opinion/news/2024/03/12/mars-attracts-earth-interaction-red-planet-drives-deep-sea-circulation.html .

The Weekend Recipe

One of my favourite pies is a chicken pie, or a chicken and mushroom pie. It’s not something my Mother ever made, luckily, as I suspect she’d have found a way to ruin it :). (By the way, Mum is safely in her Care Home and doing well, so things are calming down for us).

If you want a “proper” version with weights and measures, why not try these Hairy Biker’s recipes (which I post in memory of the late, great Dave Myers): https://www.goodto.com/recipes/the-hairy-bikers-chicken-pie or https://www.bbc.co.uk/food/recipes/creamy_chicken_ham_and_03877. But here is what I cooked earlier on this week.

Ingredients

  • Enough short crust or flaky pastry to make a reasonable pie (about half a pound). You can cheat and use bought pastry, if you must.
  • A couple of chicken breasts (more if they are smaller chickens)
  • 1/2 lb mushrooms (ordinary or chestnut, whatever you have to hand – unless you don’t like them, in which case use an extra chicken breast)
  • 1 small or 1/2 a medium onion, finely chopped
  • Chicken stock, either fresh or made with a cube (I use oxo chicken)
  • Thyme
  • Salt
  • Milk or cream (optional)
  • Cornflour
  • Fat or oil for frying
  • 1 beaten egg to glaze the pastry

Method

Set your oven to gas mark 6 (shortcrust pastry) or gas mark 7 (flaky pastry). Decide if you’re going for a pie crust over the top of the filling, or a pie with base. If making a base, line your pie plate or tin in advance (pop in your fridge if your kitchen is very warm).

Next, heat up a frying pan with some fat or oil, and have a deeper pan handy ready to receive the fried items. In the fat, melt your chopped onion gently, then add to the deeper pan (keep warm). Next, brown your mushrooms at a moderately high heat so they don’t leach liquid everywhere, then put into the larger pan. Finally, fry off your chicken pieces to give a nice golden colour (but not cooked through), and add to the pan. You may need to top up your fat or oil, and brown off ingredients in batches.

Finally, make up your chicken stock, or heat it up, and pour into the deep pan. Use enough so it just covers the ingredients. Add the seasoning to taste, and some thyme. Then bring to the boil and simmer gently for 15 – 20 minutes until everything is cooked through. You can add some milk or cream if you want a white sauce in your pie (I used leftover double cream).

Your pie filling is cooked, but there may be more liquid than you’d like. Strain off any excess liquor off into a bowl (it’s chicken and mushroom soup, cook’s perk for lunch the next day!). Then slake some cornflour with cold water, and use this to thicken the remaining liquid to make your sauce (reheat to ensure the cornflour is cooked). You want the sauce to be a bit more “loose” than when it’s in the pie finally, as it will lose some liquid during cooking.

Now, make up your pie. Pour the hot pie filling into the pie plate or tin (on top of the pastry, if using), add your lid, crimp or seal the edges together, and glaze with the eggy wash. Pastry decorations (eg leaves, chicken shapes are traditional, but optional – if using, make up beforehand). Slash a few holes to allow the steam to escape, and pop into the hot oven immediately (putting the pie on a pre-heated baking tray helps with cooking a pastry base), and bake for around 20 – 30 ish minutes, depending on how deep your pie is (it may need more if it’s quite a deep pie).

It’s done when the pie filling is bubbling and the pastry is golden brown. Good with a potato or root vegetable mash and a green vegetable such as peas.

Findings: do not allow your spouse or partner to suggest blind baking the pastry base, this type of pie doesn’t need it, and if you have tall edges they will collapse in on themselves (yes, voice of experience). If you forget to add eggy wash at first, you can add it with about 10 minutes to go and it’ll still brown up the pastry nicely. You can also make individual pies in little foil dishes, but there’s something very nice about a larger pie for sharing.

Reasons to be Cheerful

During March, we had a series of quiz mistakes as our Reasons to be Cheerful – be careful not to watch these while eating or drinking, otherwise your device screen is at risk :)!

Many thanks for reading this LinkedIn newsletter, and many thanks to everyone who has contributed, through sending in links, queries, comments etc. If you have anything you’d like to share, please email me or send a DM, and I’ll do my best to include it in the next Chemicals Coffee Time Monthly.

It would be great if you’d like to subscribe to this newsletter, or even our weekly email one : https://chemicalscoffeetime.co.uk/. This new website includes the email archive, with both open-access and subscriber-only content, for example in March we’ve had a discussion about the impacts of the EU Detergents Legislation update; a forthcoming PFHxA restriction in the EU, and much more.

Look forward to chatting to you in late April or early May.

Kind regards,

Janet

Janet Greenwood, TT Environmental Ltd

PS We’re happy for you to use this content in your own social media or newsletters, as long as you credit Chemicals Coffee Time. Please note that this newsletter highlights issues which may be of interest to your business, but is not intended as specific advice. We always recommend that you should do your own research. If you need consultancy help, please book a Quick Consultancy Call here: (https://chemicalscoffeetime.co.uk/quick-consultancy-calls/).

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