CLP & BPR: UK Chemicals Legislative Reform

HSE proposes a reform on chemicals legislation: CLP and BPR

The Health and Safety Executive (HSE) has launched an ambitious programme of reforms aimed to modernising Great Britain’s chemicals regulatory framework. Through a public consultation, the proposal seek to uphold the UK’s strong standards for health and environmental protection while updating the legislation governing chemicals. These reforms align with the Government’s broader “new approach” to regulation – an initiative focused on ensuring that regulators continue to safeguard public safety while also fostering productivity and supporting economic growth.

A two-month consultation is now running until 18^th August.

Classification, Labelling and Packaging (CLP)

Following the UK’s exit from the EU, the GB CLP Regulation (retained from EU Regulation (EC) No 1272/2008) remains the primary legislation for classifying and labelling chemicals in Great Britain. The HSE is now proposing 4 main changes to make the system more efficient and responsive to domestic needs:

Proposal 1: Making GB CLP Evaluation more agile and predictable, by merging article 37 and article 37A into a single procedure

HSE proposes merging Articles 37 and 37A into a single procedure with a fast-track route for UN GHS-based proposals, reducing evaluation time by 12 months. Proposals from non-GHS countries would follow the full process.

HSE also suggests removing the automatic duty to consider all RAC opinions, while keeping the option to review relevant ones. A GB MCL workplan would improve transparency on future classifications.

Proposal 2: Changes to GB CLP substance notification

HSE proposes removing the requirement to notify classifications to the UK inventory (Article 40) and  the requirements to maintain the UK Classification and Labelling inventory (Article 42) to reduce time and costs for businesses, while keeping Article 4 to maintain supplier duties for classification, labelling, and packaging.

Proposal 3: Relocation of technical provisions

HSE is proposing to move the notes assigned to GB MCL entries from Part 1, Annex VI to HSE’s website. By doing this, the notes would be located on the same spreadsheet as the GB MCL list.

Proposal 4:   Power to make general updates

HSE proposes creating a statutory power to amend GB CLP and its supporting laws via statutory instrument, enabling quicker updates and greater flexibility to respond to political, technological, and scientific changes.

Biocidal Products and GB BPR

The GB BPR (retained from Regulation (EU) 528/2012) governs the authorisation and use of biocidal products in Great Britain. The proposed changes to the BPR are designed to reduce administrative burdens and provide more flexibility for business. Highlights of the proposed BPR reforms include:

Proposal 1: Recognition of international approvals

Approvals which were granted in “trusted” jurisdictions (such as the EU) would be accepted in Great Britain.

Proposal 2: Risk-based review instead of set expiry dates

HSE suggests to “call-in” for substances for re-assessment only when new risk information emerges.

Proposal 3: “Essential use” derogations

HSE and the Secretary of State would have the power to temporarily approve vital biocides (even not fully compliant ones) during public health or critical infrastructure needs, with strict safeguards.

Proposal 4: Update powers via secondary legislation

GB BPR procedures and annexes could be amended without full parliamentary legislation, which would support quicker alignment with scientific developments.

Your voice matters!

These proposals will shape how chemical classification and labelling are regulated in Great Britain for years to come. Participate: https://consultations.hse.gov.uk/hse/chemicals-legislative-reform-proposals/

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