Information to Members and their Suppliers: Transport of Dangerous Goods. I. Introduction

Transcription

1 Information to Members and their Suppliers: Transport of Dangerous Goods Status: April 22 nd, 2009 I. Introduction Essential Oils/ Natural Complex Substances might be harmful to health and environment, and based on the data on their constituents a proper classification and labelling is indispensable. This is an important issue not only with respect to the occupational safety when handling Essential Oils, where relevant rules for the European market e.g. are laid down in the EU Dangerous Substances Directive 67/548/ EEC ( DSD ) and in the new GHS/ CLP Regulation 1272/2008/EC on classification, labelling and packaging. EFEO members und their suppliers should also be aware that transport rules for dangerous goods are of very high relevance in practice. In so far, practical recommendations are particularly given in the Code of Practice issued by the EFFA, European Flavour & Fragrance Association. EFEO members are encouraged to share the following information with their suppliers in order to ensure a proper marking/ labelling all the way along the transport & supply chain. In order to achieve a consistent and uniform practice of transport labelling for Essential Oils/ Natural Complex Substances, EFEO members and their suppliers are recommended to apply the advice issued by EFFA. Of course, the correct application of relevant laws and regulations always remains in the sole responsibility of the companies concerned. Correctly observing the transport label provisions is costly. But, with a view to the responsibility of the Essential Oil branch for the products concerned, in practice of trade there should be no bargaining on the classification and labelling issue. II. Necessity of Correct Transport Labelling in the EU In the European Community there are stringent rules on the transport of dangerous goods, and harsh sanctions for infringing these laws. It is of upmost importance that essential oils are correctly classified and labelled under relevant transport rules already before shipment to Europe / before entering the EU. Particularly suppliers in non - EU Members States should be aware that deficiencies in correct transport marking and labelling might cause severe problems to their shipments when arriving in the European Union. Importers at the point of entry into EU frequently are forced to adequately label or relabel the goods in line with relevant transport requirements, in order to avoid disputes with their competent authorities (e.g. harbour police and customs) particularly in the Sonninstrasse Hamburg Germany Phone /15 Fax E.Mail: efeo@wga-hh.de

2 page 2 seaports of the EU. In case of violation of relevant transport law, severe fines might be imposed on the importer. Moreover, importers often face discussions with shipping lines, airlines, freight forwarders etc. in case of further transport in the EU. This is costly, time consuming and easily avoidable by a correct labelling already in the countries of origin. III. Transport Rules In context with the transport of dangerous goods, the following rules and information sources are of relevance: ADR Dangerous Good Rules for road transport; RID for transport by rail; IMDG Code for maritime carriage; ICAO/ IATA regulations for air transport Recommendations given in the so-called Orange Book, i.e. UN Model Regulations on the Transport of Dangerous Goods, see under Information /recommendation on the assignment of UN numbers, on hazard classes and on packing groups, particularly given in the EFFA Code of Practice, current version (2) November 2008 under attachment II on Essential Oils, see Symbols used for transport are not identically equal with those used under DSD or under new GHS/CLP, Globally Harmonized System on Classification & Labelling as per 2010, see also With a view to correct transport labelling under Dangerous Good Rules, suppliers and their customers should particularly take into consideration: Hazard class, UN-number, packing group, label ( symbol) assigned to the hazard class, see below VIII. Relevant information should also regularly appear in the Material Safety Data Sheet (for EU, see MSDS requirements pursuant to Regulation No.1907/2006/EC, REACH, Art. 31, 6 th paragraph and annex II) under Section 14, transport information, where e.g. UN number, hazard class, proper shipping name, packing group and other relevant information is required. Apart from correct labelling and marking of the packaging, it goes without saying that for transport purposes only UN approved drums /containers etc. should be used. IV. Proper Labelling and Marking As an important tool, the UN Recommendations on the Transport of Dangerous Goods /Model Regulation should be consulted, particularly marking and labelling under part 5, chapter 5.2, see In principle, the outside of the packing should show the following items (well visible, legible, withstanding weather exposure, displayed on a contrasting background) Proper shipping name ( regularly the denomination assigned to the UN number, e.g. aromatic extract, liquid ), see below VI UN - Number (e.g UN 1169 ), see below VI Danger class label / risk label ( e.g. for class 3, see below V and VIII).

3 page 3 For more detailed information (UN numbers, proper shipping names, packing requirements etc) see particularly part 3 chapter 3.1 to 3.4 of the UN Model Recommendations, particularly Dangerous Goods list under V. Hazard Classes for Essential Oils In practice, mainly based on the current recommendations given by EFFA, the following hazard classes regularly apply in case of Essential Oils (not exhaustive!): Class 3 = Flammable liquids (e.g. orange bitter & sweet, bay, bergamot, cajaput, camphor, caraway, cedar leaf, chamomile, cistus, citrus terpenes, cumin, cypress, dill, elemi, eucalyptus glob/div/rad., fir needle/ pine, galbanum, grapefruit, hyssop, juniper wood, laurel leaf, lemon, lime, mandarin, majoram, onion, olibanum, parsley, rosemary, sage, spearmint US, spruce, tangerine, tea tree ) Class 6.1 = Toxic substances (e.g.: cinnamon bark ceylon, origanum, pepper oleoresin) Class 8 = Corrosive substances (in combination with class 3, see below) Class 9 = Miscellaneous dangerous substances (e.g. almond, anise seed, cade, cabreuva, cananga, cedarwood, citronella, coriander, cornmint, fennel, fir canada balsam, galbanum ext., geranium, lemon grass, litsea cubeba, orange flower abs., peppermint, rose, spearmint 60%, tarragon/estragon, valerian) Classes (e.g. ajowan, thyme) Classes (e.g. boldo, garlic, mustard, savory, horseradish) No UN transport classification: see under IX Please note that these are only examples, and the complete EFFA list /attachment II under should be consulted as a guidance, bearing in mind that the absence of a substance on the list does not automatically mean that transport labelling is not required. VI. Application of UN Numbers for Essential Oils Some UN-numbers relevant for Essential Oils are: UN 1169 = aromatic extracts, liquid (e.g. angelica, asa foetida, bergamot, orange bitter & sweet, caraway, cardamom, cumin, chamomile, cypress, dill, elemi, eucalyptus div/glob/rad, galbanum, helichrysum, hops, juniper wood, juniperberry, laurel, lemon, lime, mace, mandarin, majoram, niaouli, nutmeg, onion, olibanum, parsley, pepper, sage, tangerine)

4 page 4 UN 1992 = flammable liquid, toxic, n.o.s ( not otherwise specified) (e.g. boldo, garlic, savory) UN 3082 = environmentally hazardous substance, liquid n.o.s (e.g. anise star, cananga, cedarwood, cornmint, coriander,fennel bitter & sweet, geranium, jasmine,litsea cubeba, orange flower absolute, peru balsam, rose, spearmint 60%, tarragon, verbena) UN 2319 = Terpene hydrocarbons n.o.s (e.g. lemongrass terpenes, lime terpenes, mandarin terpenes, orange terpenes, terpenes and terpinoids ) Less frequently, also other general or generic UN numbers might apply: UN 1130 = camphor oil UN 1197 = extracts, flavouring liquid UN 1201 = fusel oil UN 1272 = pine oil (e.g. pine, pinus, fir needle sib.) UN 1299 = turpentine UN 1545 = allyl isothiocyanate ( e.g.mustard) UN 2810 = toxic liquid, organic, n.o.s. ( e.g. cinnamon bark ceylon) UN 2924 = flammable liquid, corrosive n.o.s. (e.g. ajowan) A complete list of UN numbers is available under It is recommended to double check the identified UN number for an Essential Oil with the EFFA recommendations for transport labelling, see attachment II on NCS/ Natural Complex Substances under VII. Packing Groups: Depending on the risk of the goods to be transported, substances are divided in packing groups, i.e. Group I: great danger, and most protective packaging required Group II: medium danger Group III: least danger among regulated goods, and least protective packing within the transportation requirements In most of the cases Essential Oils are under packing group III. In very few cases group II applies (e.g. mustard, horseradish). VIII. Label /Pictograms Examples for transport labels, hazard classes 3, 6.1, 8, 9 (in principal, applying to all transport means in identical or similar form, i.e. road / air / maritime transport):

5 page 5 Flammable liquid toxic corrosive miscellaneous Additionally in case of UN 3082 (hazard to aquatic environment) as per 01 st July 2009 For further information on ADR labelling, see under For comparison: GHS requirements, see labels under IX. Non- Regulated Essential Oils A variety of Essential Oils are not specifically regulated under transport rules, and requirements on hazard classes, UN numbers, packing groups do not apply, e.g. : Agar wood, Artemisia, birch, calamus, calendula, cassia, chamomile blue, cinnamon leaf, clary sage, clove, copaiba balsam, costus, guaiac wood, gurjun balsam, ho, lavandin, lavender, melissa, mentha citrata, oakmoss absolute, palma- rosa, paprika oleoresin, peru balsam ext, pimento, rosewood, sandalwood, spearmint 80%, spikenard, vetiver, wintergreen, ylang ylang. Please note that under transport law an Essential Oil might be non-regulated but must be labelled under DSD/ Dangerous Substance Directive and/ or CLP(GHS) in the EU, e.g.: Melissa oil is not regulated under transport rules. However, under DSD, Xi, R-phrase (36/ /53) S - phrase ( ) will be required. X. Transport and DSD Requirements From their suppliers, importers regularly do not only expect a correct transport labelling for shipments into EU but also demand the goods to be correctly labelled also under DSD or the

6 page 6 new CLP/GHS provisions ( as per 2010), in order to allow an uncomplicated further bringing into circulation on the EU territory. Generally, transport labelling (e.g. ADR, IATA, IMDG) is required for the outer packaging whilst inner packaging has to be labelled under EU DSD provisions (i.e. hazard symbols, R-phrase, S-phrase, see EFFA list in Code of Practice) or the future EU CLP /GHS and its relevant hazard pictograms and hazard -and precautionary statements. In cases where only a single packaging like e.g. a drum is used, dangerous goods transport marking/labelling is sufficient to fulfil also DSD requirements if all other DSD provisions are met (i.e. substance name, person/company responsible for bringing into circulation into EU, R- and S phrases, EC number to appear on the packing). Under the new CLP /GHS Regulation, packing principally needs to comply with both CLP/GHS and transport marking/labelling requirements but marking/ labelling with transport symbols is sufficient also with respect to CLP/GHS if the same danger is concerned. XI. Recommendations to the Members and their Suppliers EFEO members on the buying side are recommended to set rules on correct marking/ labelling already in their purchase contracts and/or issue precise instructions to their suppliers. Suppliers should be reminded that incorrect or incomplete marking/labelling might lead to severe problems during transport and after arrival of the goods, and importers might be held responsible by their authorities or by other customers in the transport chain. Thus, particularly EU customers have a legitimate interest to assure that consignments received from their suppliers are in line with relevant transport requirements, which could also be effected by suitable contract terms, such as: Seller confirms that all consignments are packed and labelled for transport in compliance with specifications issued by the buyer, and in absence of such specifications, in conformity with internationally accepted model recommendations as issued by UN. Non-compliance is regarded a fundamental breach of contract and buyer is entitled to make use of relevant remedies provided in the contract or under applicable law. In any case the buyer is entitled to reject the goods at the expense of the seller and/or claim compensation for all necessary costs and expenditures resulting from labelling or re-labelling. ( Note: This clause is not an EFEO recommended contract term but only a suggestion on the wording which needs to be discussed with the company lawyer/legal department). ************* Author: Lutz Düshop /EFEO / rev 22nd t April Contents without any liability on the side of the author or his association. Cordial thanks to Jens-Achim Protzen and Dr.Markus Leiendecker for their critical review & valuable comments on the draft version.