Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993

Explanatory Note

(This note is not part of the Regulations.)

These Regulations which regulate the classification, packaging and labelling of substances and preparations dangerous for supply or carriage replace the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 which they revoke.

The Regulations implement as respects Northern Ireland the provisions of the following Directives—

(a) Council Directive 92/32/EEC (O.J. No. L154, 5.6.92, p. 1) amending for the 7th time Council Directive 67/548/EEC (O.J. No. L196, 16.8.67, p. 1 (O.J./S.E. 1967, p. 234)) insofar as these provisions relate to the classification, packaging and labelling of dangerous substances;

(b) Council Directive 88/379/EEC (O.J. No. L187, 16.7.88, p. 14) as amended by Commission Directive 90/492/EEC (O.J. No. L275, 5.10.90, p. 35) on the classification, packaging and labelling of dangerous preparations;

(c) Council Directive 78/631/EEC(O.J. No. L206,29.7.78, p. 13) on the classification, packaging and labelling of dangerous substances (pesticides); and

(d) Commission Directive 91/155/EEC(O.J. No. L76, 22.3.91, p. 35) on the system of specific information relating to dangerous preparations (safety data sheets),

except insofar as those Directives relate to the provision of child resistant fastenings for certain packages containing dangerous substances and preparations.

Regulation 3 describes the scope of the Regulations. Regulation 4 defines and describes “the approved supply list” and “the approved carriage list” that have respectively been approved by the Department of Economic Development and published by the Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply or carriage.

Regulation 5 prohibits the supply of substances dangerous for supply unless they are classified in accordance with that regulation. Substances are dangerous for supply if they are classified in the approved supply list or are substances which have the properties described in Schedule 1.

Preparations (other than pesticides) are dangerous for supply if, when classified in accordance with Schedule 4, they are in one or more of the categories of danger specified in Schedule 1. Special rules for the classification of pesticides (other than pesticides approved or required to be approved under the Food and Environment Protection Act 1985) are set out in Schedule 5.

Regulation 6 describes the safety data sheets which (with certain exceptions) are required to be provided when substances or preparations dangerous for supply are supplied and Schedule 6 sets out the headings under which particulars are to be provided in safety data sheets.

Regulation 7 prohibits the consignment for carriage of a substance dangerous for carriage unless it is classified in accordance with that regulation, Substances (including preparations) are dangerous for carriage if they are classified in the approved carriage list or are substances which have the properties described in Schedule 3.

The Regulations impose requirements in respect of the packaging of substances and preparations dangerous for supply or carriage (regulation 8), in respect of the particulars to be displayed on labels for substances and preparations dangerous for supply (regulation 9 and Schedule 7) and for carriage (regulation 10 and Schedule 8).

Certain derogations are permitted from the labelling requirements (regulations 11 and 12).

Regulation 13 imposes special labelling requirements for certain preparations dangerous for supply and Schedule 7 sets out the particulars to be shown on such labels. Regulation 14 sets out the methods of labelling packages containing substances and preparations dangerous for supply or for carriage. Regulation 15 specifies that where labelling complies with these Regulations, then it is deemed to satisfy the requirements of certain enactments.

Regulation 16 requires the person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for three years and make it available to the enforcing authority on request. Regulation 17 requires information in relation to certain preparations dangerous for supply to be notified to the poisons advisory centre.

Regulation 18 makes provisions for exemptions to be granted in certain circumstances by the Department of Economic Development. Regulation 19 provides for enforcement and for a defence in the case of contravention of the Regulations. Regulation 20 and Schedules 9 and 10, regulation 21 and Schedule 11 amend certain enactments. Regulation 22 revokes the Classification, Packaging, Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 and certain other regulations. Regulation 23 sets out transitional provisions.

Copies of the publications referred to in these Regulations are obtainable as follows:—

(a) (i) the approved carriage list [ISBN 0-11-882157-1],

(ii) the approved supply list [ISBN 0-11-882156-3] and

(iii) the approved classification and labelling guide [ISBN 0-11-882155-5],

from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS;

(b) (i) Regulations concerning the International Carriage of Goods by Rail (RID) [ISBN 0-11-550814-7], and

(ii) European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) [ISBN 0-11-550901-1],

from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast, BT1 4GD;

(c) the International Maritime Dangerous Goods Code (IMDG) [Volumes I to IV ISBN 92-801-1055-1, Volume V [ISBN 92-801-1125-6] from the International Maritime Organisation, 4 Albert Embankment, London, SE1 7SR;

(d) Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement [ISBN 0-9400394-18-9] from International Aeradio Ltd., Aeradio House, Hayes Road, Southall, Middlesex, UB2 5NG; and

(e) The British, national and international standard specifications referred to in Part III of Schedule 1 (relating to the determination of flash point) from (by personal callers) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.