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The REACH Era
The regulation referred to as REACH (Registration, Evaluation and Authorization of Chemicals), came into effect in European Union Member States in June of 2007. The intent of REACH is to regulate chemicals that can cause cancer and other diseases.

REACH applies to thousands of chemicals (substances) that are used or present in electrical equipment. REACH also applies to mixtures or solutions of substances (preparations), and end products (articles). Substances of Very High Concern (SVHCs), are the most hazardous and harmful substances and are highly regulated. Products containing SVHCs may not receive authorization if a safer alternative exists.

REACH affects all organizations that export, manufacture, or use chemicals. Early planning and good communications are urgently needed to avoid disruptions in the supply chain. Parts and equipment manufacturers will be affected by unexpected withdrawal of substances from their suppliers due to REACH.

As manufacturers design new products and update the design of old products, many times they sell and offer for sale different designs with differing levels of safety and quality. There are many reasons for the differences including multi-functional uses of the product, different price points (e.g. good, better, and best), requests by customers, adoption of safety improvements, and inconsistent regulations and standards between the U.S. and foreign countries.

This article will explore the legal and practical risks in selling products with these differences and what manufacturers can do to minimize the risk.