Legally compliant online trading with LIQUI MOLY products
Due to the large number of statutory requirements, online shop operators often find it difficult to maintain a clear view in the jungle of laws. LIQUI MOLY therefore compiles the most important labeling obligations for the dispensing of hazardous substances and mixtures via online distribution channels, so that you can sell your products in a legally compliant manner and avoid fines or warnings from the supervisory authorities.
In your own interest, please observe the requirements set out in the following regulations when dispensing hazardous substances and mixtures via online distribution channels. We would also like to point out that, depending on the type of product, there may be labeling obligations beyond the aforementioned regulations.
Overview of the content of the regulations
- CLP Regulation
- Biocidal Products Regulation
- Detergents Regulation
- Explosives Precursors Regulation
- Waste Oil Ordinance
CLP Regulation
The CLP Regulation (Regulation (EC) No 1272/2008) regulates the classification, labeling and packaging of chemicals within the European Union. According to Article 48(2) of the CLP Regulation, any advertising – including the offering of products in online shops – for mixtures classified as hazardous must state the hazardous properties indicated on the label. The advertisement must contain the following information:
- Hazard pictogram(s)
- Signal word(s)
- Hazard statement(s) (H-phrases)
- Supplemental information referred to in Article 25(6) – where applicable
The required label elements can be found in Section 2.2 of the corresponding safety data sheet of a product. This information must be displayed to the customer before the order process is completed. As a result, the purchaser should be informed of dangers before buying the product and not only through the product label.
Biocidal Products Regulation
The Biocidal Products Regulation (Regulation (EU) No 528/2012) regulates the manufacture, labeling, use and placing on the market of biocidal products. It stipulates, inter alia, that any advertising of biocidal products referred to in Article 72(1) shall bear the following indication: “Use biocides safely. Always read the label and product information before use.”
This notice must be clearly distinguishable from the actual advertising and be clearly legible. For example, the notice can be highlighted in bold and/or a larger font size than the rest of the text.
In accordance with Article 72(3) of the Biocidal Products Regulation, advertising for biocidal products must not have a trivializing effect with regard to possible risks to human or animal health or to the environment. Information such as “low-risk biocidal product”, “non-toxic”, “harmless”, “natural”, “environmentally friendly”, “animal friendly” or any similar indication must be avoided.
Detergents Regulation
The Detergents Regulation (Regulation (EC) No 648/2004) regulates the placing on the market of detergents and surfactants at European level. In accordance with Annex VII Part D of the Detergents Regulation, manufacturers are obliged to publish a data sheet listing the ingredients on the website.
Moreover, the website must contain a link to the Pharmacos website of the European Commission or to another appropriate website providing a table of correspondence between the INCI designations, the European Pharmacopeia designations and the CAS numbers.
Explosives Precursors Regulation
The new version of the Explosives Precursors Regulation (EU) 2019/1148 came into effect on 1 February 2021. The Regulation aims to regulate substances and mixtures that can be misused for the unlawful manufacture of explosives.
For traders, the regulation provides, among other things, information obligations within the supply chain on restrictions, the obligation to report suspicious transactions, and control and information obligations for online marketplaces. The chemicals concerned are listed in Annex I (Restricted Explosives Precursors) and in Annex II (Reportable Explosives Precursors) of the Explosives Precursors Regulation.
The guidelines for the implementation of the Explosives Precursors Regulation make it possible to meet the obligation to provide information within the supply chain, among other things, with the help of safety data sheets. Section 15 of the LIQUI MOLY safety data sheets therefore contains a reference to the Explosives Precursors Regulation if an article contains a substance listed in Annex I or Annex II.
Currently, LIQUI MOLY does not have any items in its range that contain one or more of the restricted precursor materials listed in Annex I. At present, only the LIQUI MOLY articles listed in Table 2 in the annex to this letter fall within the scope of the Explosives Precursors Regulation, as they contain regulated precursor materials.
Please observe the obligation under the Explosives Precursors Regulation to provide information within the supply chain and to report suspicious transactions as well as the loss and theft of significant quantities of these LIQUI MOLY products.
More detailed information on implementation can be found in the guidelines for the Explosives Precursors Regulation.
Some other LIQUI MOLY articles also contain regulated precursor materials, but are not affected by the Explosives Precursors Regulation, as the following exemption defined in the guidelines can be applied:
“Further, there are instances where it would be so difficult to use certain products containing precursors to manufacture explosives on their own that the products in question are unlikely to pose a threat.”
Waste Oil Ordinance
With the Waste Oil Ordinance (German: AltölV) that came into force in 1987, manufacturers and dealers may only deliver motor and gear oils for machines, engines, turbines and the like to end consumers if they include a note on the packaging in accordance with Section 7 of the Waste Oil Ordinance that the oil must be taken to a waste oil collection point after use:
“This oil should be taken to a waste oil collection point after use! Improper disposal of used oil poses a risk to the environment! Any admixture of foreign substances such as solvents, gasoline, brake fluids and coolants is prohibited.”
Accordingly, online retailers who commercially sell motor oil or gear oil to end consumers are still obliged in accordance with Section 8(1), to set up a collection point for used motor oil and gear oil before delivery and to collect this oil for disposal free of charge in accordance with Section 2. As an alternative to setting up a collection point, online retailers can oblige an external body to take it back by means of a corresponding contractual agreement. The collection point must be contractually verifiable and clearly visible by means of appropriate marking at the point of sale or on the website.
The quantity of waste oil that must be taken back is based on the quantity sold via the respective online dealer: What has been purchased must also be taken back.
However, this obligation only applies to sales to end consumers and not in the B2B area.
Taking the LIQUI MOLY website as an example, a marking of the waste oil disposal point for end consumers can look like this:
Note on waste oil disposal in accordance with the Waste Oil Ordinance on the LIQUI MOLY website.
The Waste Oil Ordinance obliges us to take back used combustion engine oils and gear oils. You can return to us the amount of used oil that you have bought from us at any time.
Please send your waste oil at your own expense to the following address:
Hans Schmidt GmbH & Co. KG
Mühltalstr. 24
90766 Fürth, Germany
Make sure to label your waste oil shipment as dangerous goods and use suitable containers.
Of course, you can also take the waste to a recycling center, waste disposal company or used oil collection point (municipal or recycling yard, disposal service provider or similar) in your area.
