PCN obligations for distributors
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The Poison Centre Notification (PCN) has been standardised in Europe since 2021. It entails PCN obligations in legal areas that distributors have not previously had to deal with. This is because, as a rule, the main obligation of distributors is to pass on information about hazardous substances along the supply chain. For example, safety data sheets from suppliers or comments from customers. Most of the time, distributors learn about their obligations through the unique formulation identifier (UFI) that is suddenly expected on the label.
That is why in this post, I am putting together a range of information on PCNs in relation to distributors.
Who is actually a distributor in terms of PCN?
For this question I also recommend a look at my summary of the roles under REACH. These also come into play with PCN. In the case of the distributor, who receives a product and passes it on without changing it, the obligation for product notifications is indirect.
For distributors who give a product a different name (“rebrander” / “relabeller”), the legal situation depends on the member state. In a statement, the PCN guidelines [1] point out that as a rebrander / relabeller you have the direct obligation to prepare your own notifications in the following countries:
Belgium, Germany, Greece and France
Why do distributors need to pay attention to PCN and UFI?
Distributors do not have the obligation to carry out a product notification under CLP Article 45. But a hazardous substance must meet the requirements of CLP in order to be placed on the market (CLP Article 4(10)) [2].
The sale of products also counts in this case. This means, that the distributor must ensure on the basis of Article 4(10), that poison centre notifications (PCNs) are available for the products concerned. Especially important: A UFI on the label does not imply that the notification is available for the whole of Europe! A PCN creator specifies the countries to be notified to.
But even here there are exceptions. Sweden and Greece deviate from the view of the obligations under Article 4, paragraph 10 [2] and the Guidelines [1]. It is recommended to ask the respective authorities about PCN.
PCN obligations for distributors – product name and countries
It must therefore be ensured that the notification is also available to all member states to which the distributor wishes to deliver. In addition, all relevant product names have to be notified as well.
How can you specifically proceed in the distributor role?
The following must be clarified before selling your goods in Europe in relation to the European Product Communication:
- Is the product a hazardous substance with at least one H phrase starting with 2 or 3 (H2XX or H3XX)? If yes, then you should check further.
- Ensure that there is a UFI on the label. If not, you can ask your supplier if they use transitional arrangements and if they also apply to the countries you supply to.
- If the product is resold under a different name: Advise the supplier to include the additional product names in his communication. Of course, this should also include any additional member states.
Does the supplier have to be informed?
As a distributor, you can also decide to prepare your own notification. The information from the supplier, primarily the safety data sheet, serves as the basis.
The advantage of this approach can be, that you do not have to inform the supplier of the additional countries and product names. On the other hand, you have to deal with the electronic transmission of the notification yourself. This is because there is no possibility of a paper notification – the PCN format is digital and exactly defined.
With our software GeSi³, there is the possibility to use supplier-SDS for your own PCN creation and to communicate them. You have the data to create your own SDS with automatic translations as a bonus.
Likewise, you may find yourself in the position of having to create a notification because the supplier refuses to include your information (ECHA Guidance, 3.1.2 [1]).