Toll formulators are downstream users. If they supply and make a mixture available on the market, they are duty holders in accordance with Article 45 and have the obligation to generate a UFI code and make a PCN notification – even if they do not own the product or the intellectual property rights of the mixture they formulate.
What obligations does the toll formulator’s customer have?
The toll formulator’s customer will not have any notification obligations if they only store and place the mixture on the market, meaning, they act as a distributor. However, they do have obligations under Article 4(10) of CLP.
What if the customer makes a change?
If the customer performs any activities as a downstream user (formulation, re-packaging, re-filling) then they also have the obligation to make their own notification under Article 45.
If as distributor, they re-label, re-brand or place on a market that their toll formulator supplier has not notified, then they can make their own notification or request the toll formulator to include in their submission the additional details.
Does it matter who generates the UFI code?
No, but ideally, the toll formulator generates the UFI and includes it on the label and in the notification.
In general, the same UFI code can be also used by different companies as long as the composition is the same. Because the UFI is a means to identify a mixture composition, and not a legal entity, it is also permissible for the customer to generate the UFI and provide it to the toll formulator. The customer can generate a different UFI for their use, and help keeping their business relationship confidential.
SOURCE: ECHA
If you do not have the time to generate UFI code or perform PCN notification correctly and efficiently, it may be time to contact us at info@chem-consulting.si