SDS requirements for importing chemical products
Under OSHA HazCom 2012, importers have the same obligations as US manufacturers. If you import a hazardous chemical product, you are responsible for ensuring an SDS exists and is provided to downstream users — employers, distributors, and retailers. You cannot legally transfer the obligation to your foreign supplier.
In practice, this means: if your supplier provides a GHS-compliant SDS that covers the product as imported, you can use it (translated to English if necessary). If the supplier provides no SDS, or an outdated MSDS, or a document that doesn't meet HazCom, you must prepare one.
Common challenges for importers: foreign suppliers may use EU CLP classification rather than US GHS — the hazard categories are similar but not identical, so direct copying is not always acceptable. Suppliers may claim trade secrets that prevent ingredient disclosure. Products reformulated or diluted after import require a new SDS.
SDSDraft generates a DRAFT safety data sheet from the information you enter. You are solely responsible for verifying the hazard classification and all content with a qualified person before use or distribution. SDSDraft is software, not professional safety, legal, or toxicological advice.
Generate a draft SDS — free, no upload
SDS process for an importer
- Request a GHS SDS from your foreign supplier before importing.
- Verify the SDS is in English and meets the OSHA HazCom 16-section format.
- Check that the classification uses GHS criteria consistent with OSHA HazCom (not just EU CLP — while similar, differences exist).
- If the supplier has no SDS or it is non-compliant, prepare an SDS from the ingredient information they provide.
- Use SDSDraft to generate a 16-section draft from the ingredient list, then verify with a US safety professional.
- Ensure the emergency phone number is a US-staffed 24/7 line (CHEMTREC or equivalent).
- Make the SDS available to any business customer before or at the time of first shipment.
Questions
Can I use a European SDS for US imports?
A European SDS uses EU CLP classification, which is similar to but not identical with US OSHA GHS. It also has 16 sections (EU SDS format is also 16 sections), but content requirements differ in some sections. A direct use of an EU SDS is generally not acceptable for OSHA HazCom compliance without review and modification by a US compliance professional.
What if the foreign supplier refuses to disclose ingredients for trade secret reasons?
OSHA HazCom has trade secret provisions that allow limited disclosure exemptions, but you must still classify the product for its hazards and prepare an SDS reflecting those hazards. Contact a regulatory professional for guidance on handling trade secret ingredients.
Do I need an SDS for samples or small quantities?
Yes. The quantity of product does not determine SDS requirements. If you are distributing samples to business customers, an SDS must accompany or be provided before the sample.