The Chemicals (Hazard Information and Packaging) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations which regulate the classification, packaging and labelling of substances and preparations dangerous for supply or carriage supersede the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 which they revoke.

2.  The Regulations implement as respects Great Britain the provisions of the following Directives—

(a) Council Directive 92/32/EEC (OJ No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/457/EEC (OJ No. 196, 16.8.67, p.1 (OJ/SE 1967, p.234)) in so far as these provisions relate to the classification, packaging and labelling of dangerous substances;

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

(c) Council Directive 78/631/EEC (OJ No. L204, 29.7.78, p.13) on the classification, packaging and labelling of dangerous substances (pesticides); and

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

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

3.  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 Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply or carriage.

4.  Regulation 5 provides that substances are dangerous for supply if they are so classified in the approved supply list or are substances which have the properties described in Schedule 1.

5.  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.

6.  Regulation 6 describes the safety data sheets that (with certain exceptions) are required to be provided when substances or preparations dangerous for supply are supplied.

7.  Regulation 7 provides that substances (including preparations) are dangerous for carriage if they are so classified in the approved carriage list or are substances which have the properties described in Schedule 3.

8.  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 for carriage (regulation 10).

9.  Certain derogations are permitted from the labelling requirements where a substance or preparation is both supplied and carried (regulation 11) and in relation to certain international transport rules (regulation 12).

10.  Regulation 13 imposes special labelling requirements for certain preparations dangerous for supply and regulation 14 provides for the methods of labelling packages containing substances and preparations dangerous for supply or for carriage.

11.  The Regulations also require the person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for 3 years and make it available to the Health and Safety Executive on request (regulation 15). Regulation 16 requires the constituents of certain preparations dangerous for supply to be notified to a poisons advisory centre approved by the Secretary of State for Health.

12.  The Regulations make provisions for exemptions to be granted in certain circumstances by the Health and Safety Executive (regulation 17) and for their enforcement (regulation 18). This regulation also provides for a defence in the case of contravention of the Regulations. Certain transitional provisions are set out inregulation 19 and provision is made to extend the application of the Regulations outside Great Britain (regulation 20). Regulation 21 and Schedule 9 and Schedule 10 and regulation 22 and Schedule 11 provide for consequential revocations and modifications.

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

(a) (i) the approved carriage list [ISBN 0 11 88 21571],

(ii) the approved supply list [ISBN 0 11 88 21563],

(iii) the approved classification and labelling guide [ISBN 0 11 88 21555],

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

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

from Her Majesty’s Stationery Office;

(b) 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 Organization, 4, Albert Embankment, London SE1 7SR;

(c) 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 Rd, Southall, Middlesex UB2 5NG;

(d) 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.