Help needed on room scent diluent rules and regs - anyone know?

There are (at least) two very clear and very different sets of EU regulations regarding fragranced products. One which is concerned with cosmetic and skin scents, the other to do with Household and Detergent Perfumery. Sometimes the rules overlap (labelling of allergens on everything except Airfresheners) and sometimes they don't. It may well be that the flammability is an issue, although I have worked with customers who wanted to use alcohol, and indeed used Butane in their aerosols (and had to label the product as flammable). Whatever the reason Ethanol is very flammable. DPG isn't, but it isn't particularly volatile either. I don't know what system you are working with Mumsy, but I'm sure you could get away with using DPG (regarded as non-hazardous) or possibly Carbitol, although some customers don't like using Carbitol as it is very drying to the skin. This application, shouldn't be a problem.

The key document on this is HMRC Notice 473 (July 2012):

If you look at Section 18 you'll see a table listing the permitted uses for the various types of TSDA.

TSDA 1

1. Manufacture of skin preparations (perfumes, toiletries, cosmetics and external medical applications such as medicated creams and ointments).

2. Printing ink.

3. Printing ink components

4. Biocide reagent.

TSDA 5

Perfumes/toiletries.

For TSDA 1 it's unfortunately very clear as uses 2, 3 and 4 are not relevant that the definition specifies 'skin preparations' which, by implication excludes anything not used on the skin. For TSDA 2 it's not so clear as it depends on what is meant by 'Perfumes / toiletries' and there I think is your problem: the person dealing with your application is, I think mistakenly, of the view that a room spray isn't a perfume or toiletry - most of the industry would say that it is most certainly a form of perfume. It's also clear that to use TSDA in a room spray is both perfectly safe (done properly) and not going to infringe the 'no drinking without paying duty' rule that is the real point behind all these regulations.

Having got yourself into this position by giving a little more information than you needed to, the only way out will be to apply to have an additional use added to the table. Anyone can do that and HMRC are supposed to assess it on the basis of the intent of the rules. I dread to think how long it might take them to do that however.

Obviously had you simply stated your intention to make 'perfumes and toiletries' with it, the question of whether a room fragrance is a perfume or toiletry wouldn't have arisen, but now that it has you can't really take it back.

As a matter of interest, the SOED defines toiletry like this:

toiletry noun.
[ORIGIN from toilet noun + -ry.]

1 The carrying out of one's toilet. rare.

2 = toilet noun 2. rare.

3 Any of various articles, cosmetics, or products used in washing, dressing, etc. Usu. in pl.

Which honestly doesn't help you much as you are left relying on what might be included in 'etc.'

However the definition of perfume is better:

[ORIGIN French parfum, from parfumer, per-: see perfume verb.]

1 Orig., the esp. pleasantly odorous fumes or vapour given off by the burning of a substance. Later, the odour emitted by any sweet-smelling substance. M16. ▸ b fig. (Good) repute. L16.

E. Langley The orange blossomshurt my heart with the wildness of their perfume.

2 Orig., a substance emitting a sweet smell when burned. Later, a sweet-smelling fluid (esp. for applying to the body) containing the essence of flowers, spices, etc. M16.

Looks A bottle of perfume and some tights.

perfumeless adjective M19. perfumy adjective having or emitting a perfume; like perfume: E17.

In particular the definition as a 'sweet smelling fluid' though the caveat is not so helpful. In all honesty though, having spent more years than I care to count in and around UK Government agencies I really don't recommend attempting to argue they are wrong - they will just dig their heels in and refuse to grant you a licence at all.

There is no special, logical reason why this isn't allowed, it's just not in the regulations as a permitted use, therefore it's not permitted. An alternative would be to use IDA (Industrial Denatured Alcohol) which is more poisonous and somewhat smellier, but as your room scent does not go on the skin that isn't so much of an issue. In that case permitted uses 5 and 8 for IDA would cover you.

Hope that helps.

Try the guys at http://www.alcohols.co.uk
They should be able to help.

Spot check is just really bad luck.

Nothing stopping you from using the Mistral product for room scent though - they even suggest it - so it qualifies as a manufacturer recommended use.

I know what you mean about IDA - the methanol smell is strong - it is possible to cover that in some applications but it's not idea for sure.

Final thought on the organic stuff: it is possible to do, but in this country you have to pay duty on the ethanol as though it was for drinking. Once you've paid that duty HMRC place no restriction on your use of the product for perfumery. The issue is purely one of expense.

Ironically in the USA the federal authorities permit the use of some essential oils as denaturants, which allows you to start with an organic grain alcohol, denature with an appropriate organic essential oil and have a fully organic finished product, but the UK authorities don't recognise that as a valid form of denaturing and the market isn't big enough here for any of the main producers to lobby them to do so.

Yes I know, I have the licence and do buy alcohol from my suppliers for my products. The reason that I gave you the link was that they can be helpful and maybe would be able to assist you.