CAUTION: enforcement law regarding asbestos minerals!

Recently I received a warning letter from the Inspectorate for the Environment and Transport (ILT) of the Ministry of Infrastructure and the Environment. On my website I was offering a riebeckite (blue asbestos) for sale under ‘de-collection’ and apparently this is not (anymore) allowed. I had already heard from another seller that he even had a visit from an inspector and received a warning (for an official report) for selling actinolite crystals, but so a few days later I received a letter myself. The piece of riebeckite, of course, I have since removed from my website.

Riebeckite (blue asbestos) on quartz as offered for sale on my website (left) and the same piece of riebeckite in a double plastic package labeled “asbestos” for disposal

Asbestos minerals regulation and enforcement

In 2017, the LTI put out a press release that the sale of some asbestos minerals was not permitted. This has always been communicated that way by me and others until recently, and it is in my book. Previously this was laid down in a directive, within which a country had some room for its own interpretation, but now these substances are covered by the so-called REACH regulation, a European regulation from which no deviation is allowed or can be made.

As a result of that change in regulations, there was contact with the Environment Info-Point in 2023 to seek clarification on what this meant for the sale of these particular minerals. Based on the information given by the Info-Point at the time, it was communicated by several people to the best of their knowledge that the sale of minerals from the asbestos group would no longer be prohibited.

Now that active enforcement is underway for the first time, there seems to be a difference in interpretation of the regulations. I have therefore requested clarification from the LTI. Because they consider the meaning for the gems and minerals industry to be very specific and complex, this is now being further discussed internally and with the ministry. A substantive opinion will therefore take some time.

But, clear in their response is that until further notice, fibers (minerals) as listed in REACH under Article 67(1), Annex 17, entry 6, note 1 will be enforced. In short, according to this information, “The placing on the market and use of products containing these fibers” is no longer allowed. This concerns the following minerals: crocidolite, amosite, anthophyllite, actinolite, tremolite and chrysotile. No distinction is thus made (for the time being) in the fibrous form or crystals of these minerals.

What to do

Of course, there are regulations surrounding asbestos fibers for a reason; we all know the risks of lung disease when these fibers are inhaled. It is also good to take some precautions when handling these minerals.

But there is no immediate reason for collectors and sellers of stones to panic. In fact, many specimens of these minerals have a non-fibrous form, such as actinolite. Enforcers now apply the same rules to natural minerals as to industrial products or raw materials containing asbestos fibers. This also means that at the moment, no distinction is made between specimens in fibrous form or specimens with crystals. Certainly the stones with crystals can be handled or stored in your cabinet without any problem if a number of precautions are taken. If you do have a fibrous specimen of one of these minerals, put it in an airtight transparent box or plastic container just to be sure. If you no longer want to keep these stones in your possession, wrap them in double plastic marked “asbestos” and drop them off at the environmental center.

Are you a retailer? Then take stones with these names off your website or out of your store at least for the time being to avoid problems. Remember that chrysotile in particular is still sometimes offered under other names such as Silver Eye, Silver Eye Serpentine, Swiss Opal, Infinite, Stone of Life, etc.

If you are unsure or have a question about asbestos minerals please feel free to contact me. Soon I hope to come up with more information on specific advice for the gem and mineral industry.