Written on: September 1, 2024 by Cassandra Taylor
Detergents are products containing soaps and/or other surfactants intended for washing and cleaning. They come in various forms, including aerosols, trigger sprays, liquids and powders, and are marketed for household, institutional or industrial purposes. Common examples of aerosol detergents include stain removers, carpet and upholstery cleaners, glass cleaners and multipurpose cleaners. Given their widespread use, detergents play an important role in daily life and industrial processes, making their regulation essential to ensure safety, environmental protection and consumer transparency. Recent regulatory updates in the European Union (EU) and the United Kingdom (UK) reflect the ongoing efforts to address these needs.
Regulatory Framework
In Europe, detergents are regulated under the Regulation on the Registration, Evaluation, Authorization & Restriction of Chemicals (REACH) and Regulation (EC) No 1272/2008 on the Classification, Labeling & Packaging of Substances & Mixtures (CLP Regulation). Additional regulations that need to be considered include the Aerosol Dispensers Directive (ADD) 75/324/EEC and Detergents Regulation (EC) No 648/2004.
The Detergents Regulation, in force since 2005, applies to all detergents and surfactants sold in Europe. It standardizes the rules for surfactant biodegradability, specifies labeling requirements—including ingredient and dosage information—mandates the online publication of ingredient lists, sets record-keeping standards and imposes limits on phosphorus content in consumer laundry and dishwasher detergents.
The key point to consider when determining if a product falls under the scope of the Detergents Regulation is whether it has a cleaning function. A product intended for cleaning is considered a detergent, even if it does not contain a surfactant. If the product does contain surfactants, proof of ultimate aerobic biodegradation to 60% mineralization within 28 days is required.
Proposed updates
In April 2023, the European Commission released a proposal to update the European framework on detergents and surfactants. The proposal intends to tackle issues with the current detergents requirements and account for new market developments, such as detergents containing living microorganisms and refill sales. It also aims to address overlaps in labeling requirements with other EU laws such as CLP Regulation.
New definitions & requirements
The proposal updates and clarifies the definition of a detergent by including microorganisms and focusing on the cleaning function, regardless of whether surfactants are present. Under the new requirements, it would no longer be permitted to request a derogation for surfactants used in professional detergents that do not meet the ultimate biodegradability criteria.
Specific requirements for detergents containing microorganisms are outlined in the proposal, including prohibitions on genetically modified organisms and requirements for stability, shelf life and safety testing. Detergent labels must inform consumers about the presence of microorganisms and provide instructions on the proper use and storage of the product to maintain its effectiveness and safety.
Labeling & compliance
The proposal also includes changes to labeling responsibilities and requirements, aiming to modernize and enhance the clarity of information provided to consumers. Specifically, the proposal allows certain information to be moved to digital labels, reducing the amount of physical label space needed and enabling more detailed information to be accessed online. Additionally, the responsibility for transmitting ingredient data sheets is shifted from medical personnel to poison centers in an effort to streamline the process and ensure that relevant safety information is readily accessible to those who need it in emergencies.
Requirements for the content of phosphates and other phosphorus compounds in detergents are also updated in the proposal with respect to consumer laundry detergents, automatic dishwashing detergents and hand dishwashing detergents.
The concept of a product passport is introduced as a new prerequisite for placing a detergent on the market. This passport is a comprehensive digital record containing all necessary information about the detergent, ensuring transparency and compliance with regulatory standards. Customs authorities will be able to check product passports to validate compliance for detergents entering the EU market from third countries.
Implementation timeline
Since updates are still in the proposal stage, the specific timeline for compliance has not yet been clarified. Once enacted, the framework will include specific dates for the transition and application of the new obligations. These will include deadlines for the industry to comply with new biodegradability criteria, labeling adjustments and the product passport system. The earliest application of the new rules is anticipated to be 2027.
Regulations in Post-Brexit UK
Although Great Britain is no longer part of the EU, the UK has retained the existing Detergents Regulation (EC) No 648/2004 within its own legal framework to ensure continuity and stability for businesses. Therefore, the legal requirements for the composition, labeling and safety of detergent products remain largely unchanged in the UK. The Detergents Regulation continues to apply in Northern Ireland under the terms of the Withdrawal Agreement and the provisions of the Northern Ireland Protocol. One key difference to keep in mind is that a UK-based company must be listed on the label instead of an EU one.
The UK introduced the UK Conformity Assessed (UKCA) marking to replace the Conformité Européene (CE or European Conformity) marking, which indicates compliance with UK regulations. The UK government has enacted legislation to continue recognition of current EU requirements, including the CE marking. This means that businesses have the flexibility to use either the UKCA or the CE marking to sell products in Great Britain.
The proposed updates to the Detergents Regulation will not necessarily apply in the UK. Any new updates to EU regulations post-Brexit are not automatically retained in EU law. The UK government may choose to adopt similar updates independently if they align with domestic priorities and regulatory goals. This decision would involve a separate legislative process within the UK to incorporate any desired changes into national law.
It is advisable to consult UK-specific guidance documents and monitor announcements from UK regulatory bodies such as the Health & Safety Executive (HSE) to stay up to date with potential updates and ensure that all requirements are met when selling detergents in Great Britain.
Microplastics
There are some new restrictions coming up in Europe for synthetic polymer microparticles, commonly known as microplastics, under the Commission Regulation (EU) 2023/2055. Microplastics are small pieces of plastic (usually smaller than 5mm) that are persistent, very mobile and difficult to remove from nature. From Oct. 17, 2028, microplastics will be banned in detergents unless they contain microbeads, a type of synthetic polymer microparticles (SPM) used for exfoliating, polishing or cleaning purposes. No transitional period was proposed for microbeads because industry was expected to have voluntarily phased out their use by 2020.
There are currently no equivalent restrictions on the sale of products containing microplastics in the UK, except for a ban on the manufacture of microbeads in rinse-off personal care products that came into force in 2018.
Future outlook
The European Chemicals Agency (ECHA) recently published an updated Key Areas of Regulatory Challenge document describing the specific challenges and research needs for the organization in alignment with the European Green Deal and the Chemicals Strategy for Sustainability. The proposed updates to the Detergent Regulations represent a significant step towards addressing these challenges by providing ECHA with additional tools to combat chemical pollution and enhance the availability of chemical data.
As the regulatory landscape for detergents evolves, businesses must stay informed and proactive in adapting to new requirements. The proposed updates to the EU Detergent Regulations represent a forward-thinking approach to managing chemical safety and environmental impact. By aligning with broader sustainability goals and addressing emerging market trends, these regulations will play a role in shaping the future of the detergent industry.
For questions about detergent compliance in Europe and around the world, feel free to reach out to us at Nexreg Compliance. SPRAY
