If you take a look at the REACH Regulation [1], you will notice right at the beginning that it talks about substances, mixtures and products. In this case, substances refer to pure substances, and the meaning of “mixture” is also relatively clear. But what is meant by product? In this blog post I deal with what a product is and how to make the distinction.
Why is a distinction made at all?
If a distinction is already made between pure substances and mixtures, why is another category necessary at all? The idea behind the classification is that for substances and mixtures the chemical composition is the decisive characteristic. In the case of products, the composition is of course also relevant, but instead the form and function are in the foreground. Depending on what is involved, different obligations arise from the REACH Regulation. The distinction therefore influences the manufacturer in his further course of action. However, it is not always easy to decide whether it is a substance or mixture or a product.
What is a substance/mixture?
What is decisive for a substance or a mixture is that the chemical composition is the main feature. If one buys a liquid cleaner, one is interested in the fact that limescale is dissolved and dirt is removed due to the ingredients. If you use water, which is also a liquid, you will hardly achieve the desired cleaning performance. The chemical properties are therefore in the foreground.
What is a product?
Imagine you need a new table for your living room. So you are looking for a top with legs on which you can place objects. Whether the top is made of wood, plastic or steel, and what the legs look like is irrelevant for the function. So in this case it is the shape of the product that matters, not the chemical composition. In conclusion, it is a product.
For many products, the distinction is not so clear. A decision has therefore been made at EU level for some examples. For example, it was determined that a wire or a battery is an product, while a biro or an articulated light was defined as a mixture.
Conclusion
Deciding whether a product is treated as a substance/mixture or an article has various implications, which we will cover in a later blog post. The distinction is often not easy to make. There is a good scheme [2] on the REACH-CLP Helpdesk pages to guide you.
Sources:
[1] Regulation (EC) No 1907/2006 (REACH Regulation), consolidated version of 01.10.2021
[2] Guidance on the distinction between substances/mixtures and products, REACH-CLP Biocides Helpdesk website.
