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Yn ddilys o 01/06/2015
11. The following provisions in the 2009 Regulations are revoked—
(a)regulations 4 and 5, 6 to 11 and 13 with effect from 1st June 2015;
(b)except to the extent that they continue to apply for the purposes of enforcing regulation 12 of the 2009 Regulations, regulations 14 to 17, with effect from 1st June 2015; and
(c)regulations 2, 3 and 12 with effect from 1st June 2018.
Commencement Information
I1Reg. 11 in operation at 1.6.2015, see reg. 1(2)
12.—(1) After regulation 5 of the 2009 Regulations insert—
5A.—(1) Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.
(2) Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.
(3) In this regulation “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987.
(4) This regulation has effect until 31st May 2017.”
(2) After regulation 14(1) insert—
“(1A) The maximum penalty for an offence under this regulation is—
(a)on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and
(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.”