The Chemicals (Hazard Information and Packaging) Regulations 1993

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“approved carriage list” means the list described in regulation 4(2);

“approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply” approved by the Health and Safety Commission on 16th February 1993;

“approved supply list” means the list described in regulation 4(1);

“carriage” means carriage by road on a vehicle and shall be construed in accordance with paragraph (2);

“category of danger” means—

(a)

in relation to a substance or preparation dangerous for supply, one of the categories of danger specified in column 1 of Part I of Schedule 1; or

(b)

in relation to a substance dangerous for carriage, one of the categories of danger specified in column 2 of Part I of Schedule 3;

“characteristic properties” in relation to a substance dangerous for carriage, means a property specified in column 1 of Part I of Schedule 3;

“classification” shall be construed—

(a)

in the case of a substance or preparation dangerous for supply, as classification in accordance with regulation 5; or

(b)

in the case of a substance dangerous for carriage, as classification in accordance with regulation 7;

“commercial sample” in relation to a substance or preparation dangerous for supply means a sample of that substance or preparation provided to the recipient with a view to subsequent purchase;

“concentration limits” means in relation to a substance dangerous for supply, the concentration limits for the substance (if any) specified in column 4 of Part V of the approved supply list, or where that substance is not listed in the approved supply list or appears in it without specified concentration limits, it means the concentration limits for that substance determined in accordance with Part II of Schedule 4;

“EEC number” in relation to a substance dangerous for supply means—

(a)

in the case of a substance that is included in the approved supply list the number (if any) specified in column 3 of Part V of that list;

(b)

in the case of a substance that is not included in the approved supply list or for which an EEC number is not given in Part V of that list, the number for that substance (if any) specified in the European Inventory of Existing Commercial Chemical Substances (EINECS)(1); or

(c)

in the case of a substance that is a new substance within the meaning of the Notification of New Substances Regulations 1982(2) but which is not listed in EINECS, the number for that substance (if any) listed in the European List of Notified Chemical Substances (ELINCS)(3);

“the Executive” means the Health and Safety Executive;

“flash point” means the flash point determined in accordance with Part III of Schedule 1;

“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984(4);

“hazard warning sign” in relation to a substance dangerous for carriage means the sign shown in column 3 of Part I of Schedule 3 for the classification shown in the corresponding entry in column 2 of that Part and which sign is further described in Part II of that Schedule;

“index number” in relation to a substance dangerous for supply which appears in Part I of the approved supply list, means the number for that substance specified in column 2 of that Part;

“indication of danger” in relation to a substance or preparation dangerous for supply, means one or more of the indications of danger referred to in column 1 of Schedule 2 and—

(a)

in the case of a substance dangerous for supply listed in Part I of the approved supply list, it is one or more indications of danger for that substance specified by a symbol-letter in column 3 of Part V of that list; or

(b)

in the case of a substance dangerous for supply not so listed or a preparation dangerous for supply, it is one or more indications of danger determined in accordance with the classification of that substance or preparation under regulation 5 and the approved classification and labelling guide;

“package” in relation to a substance or preparation dangerous for supply or carriage means the package in which a substance or preparation dangerous for supply is supplied, or in which a substance dangerous for carriage is carried and which is liable to be individually handled during the course of the supply or carriage, as the case may be, and includes the receptacle containing the substance or preparation and any other packaging associated with it and any pallet or other device which enables more than one receptacle containing a substance or preparation dangerous for supply or carriage to be handled as a unit, but does not include—

(a)

a freight container (other than a tank container), a skip, a vehicle or other article of transport equipment; or

(b)

in the case of supply by way of retail sale, any wrapping such as paper or plastic bag into which the package is placed when it is presented to the purchaser;

“packaging” in relation to a substance or preparation dangerous for supply or carriage means, as the context may require, the receptacle, or any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function or both;

“pesticide” shall be construed in accordance with paragraph 1 of Schedule 5;

“poisons advisory centre” means a body approved for the time being for the purposes of regulation 16 by the Secretary of State for Health in consultation with the Secretaries of State for Scotland and Wales, the Health and Safety Commission and such other persons or bodies as appear to him to be appropriate;

“preparations” means mixtures or solutions of two or more substances;

“preparation dangerous for supply” means a preparation which is in one or more of the categories of danger specified in column 1 of Schedule 1;

“property” in relation to a substance or preparation dangerous for supply, means a property described in column 2 of Part I of Schedule 1 in accordance with the criteria set out in the approved classification and labelling guide;

“receptacle” in relation to a substance or preparation dangerous for supply or carriage means a vessel, or the innermost layer of packaging, which is in contact with the substance and which is liable to be individually handled when the substance is used and includes any closure or fastener;

“risk phrase” means in relation to a substance or preparation dangerous for supply a phrase listed in Part III of the approved supply list and in these Regulations specific risk phrases may be designated by the letter “R” followed by a distinguishing number or combination of numbers but the risk phrase shall be quoted in full on any label or safety data sheet on which the risk phrase is required to be shown;

“road” means—

(a)

in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988(5);

(b)

in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984(6);

“safety phrase” means in relation to a substance or preparation dangerous for supply a phrase listed in Part IV of the approved supply list and in these Regulations specific safety phrases may be designated by the letter “S” followed by a distinguishing number or combination of numbers but the safety phrase shall be quoted in full on any label or safety data sheet in which the safety phrase is required to be shown;

“substances” means chemical elements and their 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;

“substance dangerous for carriage” means—

(a)

a substance listed in Part 1 of the approved carriage list;

(b)

a substance which, while not listed in Part 1 of the approved carriage list, is in one of the groups of substances described in Part 2 of that list;

(c)

any other substance (including any preparation) which has one or more of the characteristic properties; or

(d)

any article specified in Part 3 of that list;

“substance dangerous for supply” means—

(a)

a substance listed in Part I of the approved supply list; or

(b)

any other substance which is in one or more of the categories of danger specified in column 1 of Schedule 1;

“substance identification number” means—

(a)

in the case of a substance dangerous for carriage which is specified in Part 1 of the approved carriage list in column 1, the substance identification number specified in the appropriate entry in column 2 of that Part;

(b)

in the case of a substance which, although not specified as dangerous for carriage in Part 1 of the approved carriage list, is in one of the groups of substances dangerous for carriage described in Part 2 of the approved carriage list in column 1, the substance identification number specified in the appropriate entry in column 2 of that Part; or

(c)

in the case of an article specified in Part 3 of the approved carriage list in column 1, the substance identification number specified in the appropriate entry in column 2 of that Part;

“supplier” means a person who supplies a substance or preparation dangerous for supply, and in the case of a substance which is imported (whether or not from a member State) includes the importer established in Great Britain of that substance or preparation;

“supply” in relation to a substance or preparation dangerous for supply—

(a)

means, subject to sub-paragraph (b) below, supply of that substance or preparation in the course of or for use at work, by way of—

(i)

sale or offer for sale,

(ii)

commercial sample, or

(iii)

transfer from a factory, warehouse or other place of work and its curtilage to another place of work, whether or not in the same ownership,

whether as principal or agent for another; or

(b)

for the purposes of sub-paragraphs (a) and (b) of regulation 18(2), in any case for which by virtue of those sub-paragraphs the enforcing authority for these Regulations is the Royal Pharmaceutical Society or the local weights and measures authority, has the meaning assigned to it by section 46 of the Consumer Protection Act 1987(7) and also includes offer to supply and expose for supply;

“symbol” means the symbol shown in column 3 of Schedule 2 for the indication of danger shown in column 1 of that Schedule, and “symbol-letter” means the letter shown in the corresponding entry in column 2 of that Schedule.

(2) For the purposes of these Regulations, a substance which is dangerous for carriage shall be deemed to be carried from the time when it is placed on a vehicle for the purpose of carrying it on a road until either—

(a) it is removed from the vehicle; or

(b) any receptacle containing the substance which is on the vehicle has been cleaned or purged so that any of the substance or its vapour which remains in the receptacle is not sufficient to cause a risk to the health or safety of any person, and,

in either case, whether or not the vehicle is on a road at the material time.

(3) Unless the context otherwise requires, where in these Regulations reference is made to a quantity of a substance or preparation dangerous for supply or carriage expressed in litres, that reference shall mean—

(a) in the case of a liquid, the volume in litres of that liquid;

(b) in the case of a gas, the volume in litres of the receptacle containing that gas; and

(c) in the case of a solid, the same number of kilograms of that solid,

and for the purposes of aggregation, one litre of a liquid or gas shall be deemed to be equivalent to one kilogram of a solid.

(4) Subject to regulation 21, nothing in these Regulations shall prejudice any other requirement imposed by or under any enactment which relates to a substance or preparation dangerous for supply or carriage.

(5) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)

OJ No. C146A, 15.6.90, p.1.

(2)

S.I. 1982/1496, amended by S.I. 1984/1244, 1985/1333, 1986/890, 1991/1914.

(3)

OJ No. C139, 29.5.91, p.1.

(4)

S.I. 1984/1890.

(5)

1988 c. 52.

(6)

1984 c. 54.

(7)

1987 c. 43.