PART 1N.I.INTRODUCTION
Citation and commencementN.I.
1. These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 and shall come into operation on 27th July 2009.
InterpretationN.I.
2.—(1) In these Regulations—
“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;
“aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;
“the approved classification and labelling guide” means the guide approved by the Executive for the purposes of these Regulations and entitled “Approved Classification and Labelling Guide (Sixth Edition)” approved by the Board of the Health and Safety Executive on 3rd March 2009(), as revised or re-issued from time to time;
“category of danger” means, in relation to a dangerous substance or dangerous preparation, one of the categories of danger specified in column 1 of Schedule 1;
“the CLP Regulation” means Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are as amended from time to time;
“Community workplace exposure limit” means, in respect of a substance, an exposure limit for that substance established in a Community instrument;
“dangerous preparation” means a preparation which is in one or more of the categories of danger specified in column 1 of Schedule 1;
“dangerous substance” means a substance—
(a)
which is listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation; or
(b)
which, if it is not so listed, is in one or more of the categories of danger specified in column 1 of Schedule 1;
“EC number” means—
(a)
in the case of a dangerous substance that appears in Table 3.2 of part 3 of Annex VI of the CLP Regulation, the EC number specified in that list;
(b)
in the case of a dangerous substance that is not included in Table 3.2 of part 3 of Annex VI of the CLP Regulation or for which an EC number is not given in that list, the number for that substance specified in EINECS; or
(c)
in the case of a dangerous substance that is not a phase-in substance within the meaning of REACH, the number for that substance if it is listed in ELINCS;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects the United Kingdom by the European Economic Area Act 1993();
“EEA State” means a state which is a contracting party to the EEA Agreement;
“EINECS” means the European Inventory of Existing Commercial Chemical Substances();
“ELINCS” means the European List of Notified Chemical Substances();
“enforcing authority” shall be construed in accordance with regulation 14;
“the Executive” means the Health and Safety Executive for Northern Ireland;
“indication of danger” means, in relation to a dangerous substance or dangerous preparation, one or more of the indications of danger referred to in column 1 of Schedule 2 and—
(a)
in the case of a dangerous substance listed in Table 3.2 of part 3 of Annex VI of the CLP Regulation, it is one or more of the indications of danger specified for that substance by a symbol-letter in that list;
(b)
in the case of any other dangerous substance or a dangerous preparation, it is one or more indications of danger determined in accordance with the classification of that substance or preparation in accordance with regulation 4 and the approved classification and labelling guide;
“plant protection product” has the same meaning as it has in regulation 2(1) of the Plant Protection Products Regulations;
“the Plant Protection Products Regulations” means the Plant Protection Products Regulations (Northern Ireland) 2005();
“preparation” means a mixture or solution composed of two or more substances;
“radioactive substance” means a substance which contains one or more radionuclides whose activity or concentration cannot be disregarded as far as radiation protection is concerned;
“receptacle” means a container together with any material, wrapping and component, including any closure or fastener, associated with the container which enables the container to perform its containment function;
“REACH” means Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals;
“risk phrase” means a risk phrase listed in Annex III of Council Directive 67/548/EEC;
“safety phrase” means a safety phrase listed in Annex IV of Council Directive 67/548/EEC;
“substance” means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
“supply” in relation to a substance or preparation means making that substance or preparation available to another person and includes importation of the substance or preparation into Northern Ireland; and
“territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it.
(2) In these Regulations, “package” means—
(a)subject to paragraph (3), the package in which a dangerous substance, dangerous preparation or preparation specified in regulation 11(3) is supplied, including the receptacle containing the dangerous substance or preparation in question; or
(b)a pallet or other device which enables more than one receptacle to be handled as a unit,
but does not include a container used to transport the dangerous substance or preparation unless that container is retained by the person to whom the dangerous substance or preparation is supplied for the purpose of storing that dangerous substance or preparation, and related expressions shall be construed accordingly.
(3) In the case of supply by way of retail sale, a package does not include any paper or plastic bag or other form of outer wrapping in which the package is placed when it is presented to the purchaser.
(4) In these Regulations—
(a)where reference is made to a quantity of a dangerous substance or dangerous preparation expressed in litres, that reference shall mean—
(i)in the case of a liquid, the volume in litres of that liquid;
(ii)in the case of a compressed gas, the volume in litres of the receptacle containing that gas; and
(iii)in the case of a compressed gas dissolved in a solvent, liquefied gas or solid, the same number of kilograms of that gas or solid; and
(b)for the purposes of aggregation, one kilogram of a solid shall be deemed to be equivalent to one litre of liquid or gas.
(5) In these Regulations—
(a)a risk phrase may be designated by the letter “R” followed by a distinguishing number or combination of numbers; and
(b)a safety phrase may be designated by the letter “S” followed by a distinguishing number or combination of numbers.
(6) The Interpretation Act (Northern Ireland) 1954() shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
ApplicationN.I.
3.—(1) Subject to paragraphs (2) to (6), these Regulations shall apply to any dangerous substance or dangerous preparation.
(2) These Regulations shall not apply to a substance or preparation which is—
(a)intended for use as a medicinal product within the meaning of section 130 of the Medicines Act 1968();
(b)intended for use as a veterinary medical product within the meaning of regulation 2(1) of the Veterinary Medicines Regulations 2008();
(c)intended for use as an investigational medical product within the meaning of the Medicines for Human Use (Clinical Trials) Regulations 2004();
(d)specified in an order made under section 104 or 105 of the Medicines Act 1968() which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to medicinal products within the meaning of that Act;
(e)a controlled drug within the meaning of the Misuse of Drugs Act 1971() except that these Regulations shall apply to drugs which are excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by Regulations made under section 7(1)(a) of that Act;
(f)a cosmetic product within the meaning of [ Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time ] ;
(g)in the form of waste to which the Waste Management Licensing Regulations (Northern Ireland) 2003() or the Hazardous Waste Regulations (Northern Ireland) 2005() apply;
(h)intended for use as food within the meaning of Article 2(2) of the Food Safety (Northern Ireland) Order 1991();
(i)intended for use as feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970();
(j)a radioactive substance or a preparation containing radioactive substances; or
(k)a medical device within the meaning of the Medical Devices Regulations 2002() which is invasive or used in direct contact with the human body,
in the finished state, intended for the final user.
(3) These Regulations shall not apply to—
(a)a substance or preparation which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;
(b)a substance or preparation which is under customs control; or
(c)subject to [Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are as amended from time to time] a substance or a preparation which is intended for export to a country which is not an EEA State.
(4) Regulations 6 to 11 shall only apply to substances and preparations which are supplied in packages.
(5) These Regulations shall not apply to a substance to which the Explosives Acts (Northern Ireland) 1875 to 1970()..., [the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009] or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006() [ apply or to any tier 1 substance or tier 2 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 ] .
(6) These Regulations shall not apply to the carriage of substances or preparations by rail, road, inland waterway, sea or air.
Textual Amendments
Commencement Information
PART 2N.I.GENERAL REQUIREMENTS
Classification of dangerous substances and dangerous preparationsN.I.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Safety data sheets for substances and preparationsN.I.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Advertisements for dangerous preparationsN.I.
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.]
Packaging of dangerous substances, dangerous preparations and certain specified preparationsN.I.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Labelling of dangerous substances and dangerous preparationsN.I.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Labelling of single receptacles and receptacles in outer packagingsN.I.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Particular labelling requirements for certain preparationsN.I.
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Methods of marking or labelling packagesN.I.
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child resistant fastenings, tactile warning devices and other consumer protection measuresN.I.
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retention of data for dangerous preparationsN.I.
12.—(1) The person who is responsible for first supplying a dangerous preparation shall maintain a record of the information—
(a)used for the purposes of classifying that dangerous preparation in accordance with regulation 4;
(b)used for the purposes of labelling that dangerous preparation in accordance with regulation 7; and
(c)relating to any child resistant fastening or any tactile warning which forms part of the packaging in which the dangerous preparation in question is contained in accordance with regulation 11,
for at least 3 years after the date on which the dangerous preparation was supplied by that person for the last time.
(2) When requested by the enforcing authority to do so, a person referred to in paragraph (1) shall make the record, or a copy of the record, maintained by the person in accordance with that paragraph, available to the enforcing authority within 28 days of the date of the request.
(3) When requested to do so by the enforcing authority, a person who supplies a dangerous preparation shall provide to the enforcing authority a copy of any certificate issued by a qualified test house.
Transitional provisions for dangerous substances, dangerous preparations and certain specified preparationsN.I.
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3N.I.MISCELLANEOUS
EnforcementN.I.
14.—[(1) To the extent that they would not otherwise do so, Articles—
(a)18 to 30 (approval of codes of practice; enforcement; indemnification of inspectors; power to obtain information and restrictions on disclosure of information);
(b)31 to 39 (provisions as to offences); and
(c)43(2) (civil liability),
of the 1978 Order shall apply to these Regulations and the CLP Regulation as if these Regulations and the CLP Regulation were health and safety Regulations for the purposes of that Order, except that those Articles shall not apply to duties placed by the CLP Regulation on the competent authority or the Member State.
[(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.]
(2) Any function of the Health and Safety Executive for Northern Ireland under any other provision of the 1978 Order under or in respect of health and safety Regulations (including their enforcement) shall be exercisable as if these Regulations and the CLP Regulation were health and safety Regulations for the purposes of that Order to the extent that they would not otherwise do so.
(3) Notwithstanding regulation 4 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999() and subject to paragraphs (4) and (5), the enforcing authority for these Regulations and the CLP Regulation shall be the Executive.
(4) Subject to paragraph (5), where a substance or preparation is supplied, or a substance, mixture or article falling within the meaning of and the provisions of the CLP Regulation is placed on the market within the meaning of the CLP Regulation in or from premises which are registered under section 75 of the Medicines Act 1968(), the enforcing authority shall be the Department of Health, Social Services and Public Safety.
(5) The enforcing authority for these Regulations and the CLP Regulation shall be the district council for the area in which are situated the premises in or from which such substance or preparation is supplied or such a substance, mixture or article is placed on the market—
(a)where a substance or preparation is supplied or a substance, mixture or article falling within the meaning of and the provisions of the CLP Regulation is placed on the market within the meaning of the CLP Regulation other than in the circumstances referred to in paragraph (4)—
(i)in or from any shop, mobile vehicle, market stall or other retail outlet, or
(ii)otherwise to members of the public, including by way of free sample, prize or mail order;
(b)for regulation 11;
(c)for Articles 35(2) and 48 of the CLP Regulation.
(6) In every case where, by virtue of this regulation and the CLP Regulation, these Regulations and the CLP Regulation are enforced by the Department of Health, Social Services and Public Safety or by a district council, they shall be enforced as if they were safety regulations made under section 11 of the Consumer Protection Act 1987() and the provisions of section 12 of that Act shall apply to these Regulations and the CLP Regulation as if they were safety regulations for the purposes of that Act and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were 3 months instead of 6 months.]
DefenceN.I.
15. [In any proceedings for an offence for a contravention of any of the provisions of these Regulations and the CLP Regulation it shall be a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]
Application within the territorial seaN.I.
16. [Within the territorial sea these Regulations and the CLP Regulation shall apply only to and in relation to an activity to which any of paragraphs 2 to 6 of Schedule 6 applies.]
Revocations and amendmentsN.I.
17. [The Regulations specified in the Table in Schedule 7 are amended in accordance with the provisions of that Table.]
18. [The Regulations specified in the Tables in Schedule 8 shall be revoked to the extent specified in those Tables.]
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 18th June 2009.
L.S.
M. Bohill
A senior officer of the
Department of Enterprise, Trade and Investment