UK Consultation on Chemicals Legislative Reform Ends on August 18, 2025

By Susana Planas MunGavin BSc., MSc

August 18, 2025 is the final day to submit any responses to the public consultation on Chemicals Legislative Reform, released on June 23, 2025, by the Health and Safety Executive (HSE).  It addresses key reforms to modernize the current regulatory framework according to the Government’s Policy and Action Plan updated earlier in March 2025, on the new approach to ensure regulators and regulation support growth.

This consultation is relevant to manufacturers, downstream users (including chemical formulators), distributors (such as retailers), importers and exporters of hazardous chemicals as well as the general public exposed or using hazardous chemicals in products placed on the market. It outlines the proposals for major changes to HSE led chemicals policy. 

More specifically, it would amend certain provisions on mandatory requirements established under several GB regulations, including the Biocides Regulations, the Classification, Labelling and Packaging Regulation, and the Regulation on export and import of hazardous chemicals (Prior Informed Consent).

The current UK CLP regime includes supplier requirements that are unnecessary and burdensome.  According to the Chemicals Legislative Reform document, it has also created disproportionate and inefficient processes to deliver scientific and technical updates. The reform of GB CLP is required to address these problems to remove burdensome and non-essential requirements on business and to keep pace with the EU legislative developments, where appropriate. The amendments would require the approval of subsequent primary and secondary legislation.

The key reforms relating to the current regulatory framework concerning biocides would include the recognition of biocidal product approvals granted under international jurisdictions, including the EU, thus eliminating the need for duplication of dossiers and evaluations, as well as removing the fixed expiry dates for substance approvals and reviewing instead used for substances based on emerging risk. This would contribute to reducing applicable fees and avoiding unnecessary renewals of substance approvals.

As regards the proposed reforms to the GB CLP regulation, the Government intends to introduce the following regulatory changes: 

• Consolidate Article 37 and Article 37A of the assimilated Regulation (EC) No 1272/2008 into a single procedure for GB mandatory classifications and break the automatic link requiring HSE to consider all Committee for Risk Assessment (RAC) opinions published by the European Chemicals Agency (ECHA). This would include a fast-track evaluation pathway enabling the assessment of substance classification proposals from territories that adopt the UN GHS and a more transparent classification process. Fast-track evaluation amends the time limit for publication of a technical report from 6 to 12 months, removing the requirement to publish an Agency opinion and its associated 12-month time limit. It would fast track evaluation for introducing relevant changes to the GB Mandatory Classification and Labelling (GB MCL) List following publication of the technical report. Classification proposals from jurisdictions that do not adopt the UN GHS and do not have a transparent classification process would be evaluated under a full process, similar to that currently described in Article 37A.
• Revoke Article 40 of the GB CLP, which currently requires GB duty holders to submit notifications to HSE as the GB CLP Agency, on the classification and labelling on new chemicals placed on the GB market, thereby reducing burdens on duty holders and the regulator. It is foreseen that the revocation of the GB CLP notification database would save duty holders time and associated costs of notification.
• Relocate explanatory notes relating to entries in the GB MCL List from Annex VI of the CLP Regulation to the HSE’s website. This proposal would enable the HSE to make future revisions to notes pertaining to GB MCL entries in an administrative capacity, rather than through a Statutory Instrument.
• Introduce powers to make future amendments to GB CLP and its supporting regulations to implement general updates and international obligations, as regulated under Article 53 of GB CLP, but also allowing the incorporation of international changes in areas such as UK free trade agreements with other countries.

This reform also seeks to protect the UK internal market in line with the Government's commitment by applying a consistent CLP regime across the UK. 

At present, the Government recognises that discrepancies in CLP regimes between Northern Ireland and Great Britain have the potential to impact the smooth operation of the UK internal market. Therefore, to avoid the development of disincentives for traders to move goods from Great Britain to Northern Ireland, the Government is considering under this consultation document to incorporate recent EU CLP Regulation amendments, such as those made under Commission Delegated Regulation (EU) 2023/707 and Regulation (EU) 2024/2865, into the domestic CLP regime on a UK-wide basis.

Commission Delegated Regulation (EU) 2023/707 introduced six new hazard classes into European chemicals classification rules under the EU CLP Regulation, not currently assigned pictograms as per the Global Harmonised System (GHS). These hazard classes refer to:

• Category 1 and 2 Endocrine Disruptors (ED) for human health
• Category 1 and 2 Endocrine Disruptors for the environment(Category 1: Known or presumed and Category 2: Suspected)
• Persistent, Bioaccumulative, and Toxic (PBT);
• Very Persistent, Very Bioaccumulative (vPvB);
• Persistent, Mobile, and Toxic (PMT); and
• Very Persistent, Very Mobile (vPvM). 

Regulation (EU) 2024/2865 further amended the EU CLP Regulation to improve how chemical hazards are classified, provide clearer safety warnings and improve compliance and user safety. These new measures are aimed at optimising labelling provisions concerning hazard communication, introducing labelling rules such as voluntary use of digital labelling for non-obligatory information, minimum font size, line spacing and colouring, whilst also permitting for broader use of fold-out labels. It also requires suppliers to update product labels within six months of a classification and labelling mandatory change which may result in additional hazard class or category classification or new supplementary information to be provided on the label elements. Derogations to the labelling requirements of EU CLP are introduced for chemicals supplied without packaging, such as fuel at filling stations, chemicals contained in very small packaging with contents below 10ml, and ammunition. 

It should be noted that the EU CLP Regulation, as recently amended by Delegated Regulation (EU) 2023/707, already applies in Northern Ireland under the Windsor Framework, since it entered into force on April 20, 2023. Substances placed on the market in Northern Ireland and other EU territories must be classified and labelled according to the new hazard classifications. A transitional period for mixtures applies until May 1, 2026. All hazardous substances already placed on the market before May 1, 2025, and/or mixtures before May 1, 2026, must be classified and labelled accordingly by November 1, 2026 and May 1, 2028, respectively. 

The reforms concerning the Prior Informed Consent for the Export and Import of Certain Hazardous Chemicals (GB PIC) would be aimed at:

• Simplifying redundant procedures and no longer requiring the Special Reference Identification Number (Special RIN or SRIN) procedure for small quantities of chemicals being exported for research or analysis in quantities unlikely to affect human health or the environment.
• Amending the “waiver” process to allow the Designated National Authority to waive for one year the explicit consent required from the importing country before export takes place, thus streamlining the waiver conditions so that the same conditions would apply to all chemicals.
• Introducing the necessary legislative powers to amend and update GB PIC and its supporting regulations to implement general updates and international obligations to better tailor procedures to GB requirements.

Stakeholders interested in submitting any comments may respond in three ways:

1. Complete the online survey below (the preferred option for ease of analysis)
2. Download the Word document version of this consultation and email it to chemicals.reform@hse.gov.uk
3. Download the Word document version of this consultation and send it to:
   Consultation on HSE Chemicals Legislative Reform
   Health and Safety Executive 
   Building 2.3 Redgrave Court
   Merton Road
   Bootle
   Merseyside L20 7HS

References

Chemicals Legislative Reform consultation document

Commission Delegated Regulation (EU) 2023/707 of 19 December 2022 amending Regulation (EC) No 1272/2008 as regards hazard classes and criteria for the classification, labelling and packaging of substances and mixtures 

Regulation (EU) 2024/2865 of the European Parliament and of the Council of 23 October 2024 amending Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures 

GB CLP Regulation guidance 

UK Government’s Policy updated on March 31, 2025, on the new approach to ensure regulators and regulation support growth