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

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Safety data sheets for substances and preparations dangerous for supply

6.—(1) Subject to paragraphs (2) and (5), the supplier of a substance or preparation dangerous for supply shall provide the recipient of that substance or preparation with a safety data sheet containing information under the headings specified in Schedule 6 to enable the recipient of that substance or preparation to take the necessary measures relating to the protection of health and safety at work and relating to the protection of the environment.

(2) In this regulation “supply” shall not include supply by way of—

(a)offer for sale;

(b)transfer from a factory, warehouse or another place of work and its curtilage to another place of work in the same ownership; or

(c)returning a substance or preparation to the person who supplied it, providing that the properties of that substance or preparation remain unchanged.

(3) The supplier shall keep the safety data sheet up to date and revise it forthwith if any significant new information becomes available regarding safety or risks to human health or the protection of the environment in relation to the substance or preparation concerned and the revised safety data sheet shall be clearly marked with the word “revision” and the date of that revision.

(4) Except in circumstances to which paragraph (5) relates, the safety data sheet shall be provided free of charge no later than the date on which the substance or preparation is first supplied to the recipient and where the safety data sheet has been revised in accordance with paragraph (3), a copy of the safety data sheet so revised shall be provided free of charge to any recipient who has received the substance or preparation within the preceding 12 months and the changes in it shall be brought to his notice.

(5) A safety data sheet need not be provided with a substance or preparation dangerous for supply supplied to the general public in circumstances to which regulation 19(2)(a) or (b) applies (relating to supply from a shop etc.) if sufficient information is furnished to enable any user to take the necessary measures as regards the protection of health and safety, except that a safety data sheet shall be provided free of charge at the request of any person who intends the substance or preparation to be used at work, but in those circumstances paragraph (4) (insofar as it relates to the subsequent provision of revised data sheets) shall not apply to such requests.

(6) The particulars required to be given in a safety data sheet or revised safety data sheet provided under this regulation shall be in English, except that where a substance or preparation is supplied to a recipient in another member State the safety data sheet may be in an official language of that State.

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