On March 29, ECHA held a REACH webinar from Helsinki: “[…]to address technical questions that industry, such as ink formulators and tattoo artists, might have on the implementation of the restriction. The aim is to help those impacted to meet the new legal requirements set by Annex XVII of the EU’s chemicals legislation, REACH.”
I don’t think many of you have watched this webinar. I did, and I claim that I am well trained in dealing with thick (very thick) technical specifications and contracts thanks to my many years of work at Daimler. But here I clearly reached my limits. As the presentation progressed, I felt more and more reminded of the movie “Brasil” (the older ones among you may know it).
The REACH webinar is not very user-friendly
“A downstream user’s duties are triggered, when they receive a safety data sheet. And in particular there are some specific duties associated with the attached exposure scenario if there is one.”
Everything clear? So we would formulate it like this: “You must read the safety data sheets for your paints and follow the instructions on them (e.g. on use and storage).”
I’ll embed the video for you here and refer you to 1:38:17 – 1:40:32, where you are asked for an “explanation for tattoo artists in simple words”. See for yourself in the webinar recording.
The unequal treatment of different sectors
I also find the reaction to the comparison with tobacco use (1:24:05 – 1:25:58) very interesting. The nice lady couldn’t help but smile at the discrepancy. They are obviously aware of this, but see no need for correction, at least not on the part of ECHA.
Little hope for Blue 15:3 and Green:7
An important message from the webinar was certainly that any changes to the appendix, including the removal of specific limits or bans, should be expected to take no less than 1-2 years. It was also pointed out that various manufacturers were already offering or announcing colors with alternative pigments. There was therefore clearly no need for as much action as had been communicated in advance by the industry.
For tattoo artists, this will mean, unless a miracle happens, that around 2/3 of the colors will change in their essential properties (intensity and durability of the colors, behavior when applied to the skin, etc.). After your changeover to new colors (through REACH January 2022), you are therefore facing an even more serious changeover in January 2023.
Click here for the (hopefully) miracle: Save The Pigments
Duty to inform vs. duty to document
We ourselves had asked for clarification on the extent to which the obligation to inform your customers, which you have had since January 4, 2022 (see our info letter on REACH specifically), must be in writing. The good news is: ECHA/REACH has deliberately not specified a form. The information can therefore be provided verbally (video 1:12:37 – 1:14:04).
The catch is the wording that this issue will or should develop in cooperation between the authorities and industry. Unfortunately, this leaves room for interpretation in the event of any disputes in court. Similar to the topic of EVE, it is therefore also advisable to choose the written form for the colors for the purpose of verifiability. However, this loophole can certainly be used.
Contrary to our recommendation in the first info letter on “REACH in practice“, it may even be possible to simplify practical implementation:
- A passage is added to the declaration of consent for the customer to tick: “I confirm that I have been provided with the information required by the applicable REACH Regulation (EC) No. 1907/2006 on the tattoo inks used. For reasons of practicability, I will obtain information on the minimum durability and batch during the tattooing process itself (visual inspection of the ink bottles).“
At the end of the EVE, simply attach a page or two with a list of all the inks in your own stock, regardless of whether they are used at the appointment or not. The list should contain the following information for each color: Manufacturer, name of the paint, ingredients as well as instructions for use and hazards. - You create a form with the list of colors from your stock (now without shelf life and batch number, manufacturer and name of the color are sufficient) and then only have to check those that were used on the date.
This should simplify documentation considerably. With the right, customized forms, appointment documentation can be completed in less than a minute (with our kissSign solution, it’s even completely paperless and legally compliant). And folks, don’t forget: The industry itself has written the topic of appointment documentation into DIN standard 16179. And everyone, really everyone, eagerly referred to this standard during the Corona period.
Of course, written documentation without a lot number and best-before date only works until the courts decide otherwise at some point. But until then, we believe it is legitimate to proceed in this way. We will of course keep you up to date.
Yours
