The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

Regulations 9 and 10(1)

SCHEDULE 6 PARTICULARS TO BE SHOWN ON LABELS FOR SUBSTANCES AND PREPARATIONS DANGEROUS FOR SUPPLY AND CERTAIN OTHER PREPARATIONS

PART I GENERAL PROVISIONS RELATING TO LABELS

Labelling particulars for substances dangerous for supply

1.—(1) In the case of a substance dangerous for supply which is listed in Part I of the approved supply list, the particulars to be shown on the label in accordance with regulation 9(2) (c) shall be the particulars specified for the substance in the relevant entry in column 3 of Part V of that list.

(2) Subject to paragraph 4, in the case of a substance dangerous for supply which is not listed in Part I of the approved supply list the particulars required to be shown on the label in accordance with regulation 9(2)(c) shall be determined from the classification of the substance in accordance with regulation 5 in conjunction with the approved classification and labelling guide.

Labelling particulars for preparations dangerous for supply

2.—(1) Subject to paragraphs 3, 4 and 5, the provisions of this paragraph shall have effect in relation to the labelling of preparations dangerous for supply.

(2) Subject to sub-paragraph (4) below, the chemical names of the substances dangerous for supply present in the preparation shall be shown in accordance with the following rules—

(a) in the case of a preparation classified as requiring the indication of danger T+, T or Xn, only substances requiring those indications of danger present in the preparation in concentrations exceeding the lowest limit (Xn limit) for the substance laid down in column 4 of Part V of the approved supply list, or if no such limit is laid down the relevant limit laid down in Part II of Schedule 3 need be referred to;

(b) in the case of a preparation classified as requiring the indication of danger C, only substances requiring that indication of danger present in the preparation in concentrations exceeding the lowest limit (Xi limit) for the substance laid down in column 4 of Part V of the approved supply list, or if no such limit is laid down the relevant limit laid down in Part II of Schedule 3 need be referred to; and

(c) if the preparation is assigned one or more of the standard risk phrases R39, R40, R42, R43, R42/43, R45, R46, R48, R49, R60, R61 or R62, the name of any substance causing the preparation to be so assigned shall be referred to.

(3) The chemical name referred to in sub-paragraph (2) above shall be—

(a) in the case of a substance listed in Part I of the approved supply list, the name or one of the names under which it is listed; or

(b) in the case of a substance not so listed, an internationally recognised name.

(4) For the purposes of labelling, no account shall be taken of any substance in the preparation if its concentration is less than the concentration referred to in paragraph 18(1) of Part I of Schedule 3.

(5) Subject to sub-paragraph (4) above, the particulars to be shown on the label in accordance with regulation 9(3)(c)(ii), (iii) and (iv) shall be determined from the classification of the preparation made in accordance with regulation 5 in conjunction with the approved classification and labelling guide.

Derogation for naming the ingredients of certain preparations containing harmful substances.

3.—(1) Where a person can demonstrate to the Executive that the disclosure of the chemical identity of a substance required to show the indication of danger Xn (not being a substance which would cause the preparation to be assigned one of the risk phrases referred to in paragraph 2(2)(c)) on the label will put at risk the confidential nature of his property, he shall be permitted to refer to that substance either by means of a name that identifies the most important functional chemical groups of the substance or by means of an alternative name giving equivalent information.

(2) In such a case the manufacturer shall notify the Executive of his intention so to label the preparation.

(3) Regulation 18 of the Notification of New Substances Regulations 1993(1) (which relates to confidentiality of information notified) shall apply to information notified under sub-paragraph (2) above as it applies to information notified under those Regulations.

Indications of danger and symbols for substances and preparations dangerous for supply

4.—(1) Except in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, where a substance or preparation is required to have more than one indication of danger in either of the following groups listed in decreasing order of severity, namely—

(a) explosive, oxidizing, extremely flammable and highly flammable; or

(b) very toxic, toxic, corrosive, harmful and irritant,

only one of the indications of danger with its symbol from each group corresponding to the most severe indication of danger in that group needs be shown.

(2) The risk phrases R 12 (extremely flammable) and R 11 (highly flammable) need not be used if they repeat the indication of danger shown on the label.

Designation of pesticides to which Schedule 4 applies

5.—(1) A preparation which is a pesticide shall be designated by—

(a) the trade name or trade designation of the preparation;

(b) the name and concentration of each active ingredient in the preparation and the concentration thereof shall be expressed—

(i) in the case of pesticides which are supplied as solids, in aerosol dispensers, or as volatile or viscous liquids, as percentage by weight,

(ii) for other liquids as percentage by weight or as grams per litre, or

(iii) for gases, as percentage by volume;

(c) the name of each other ingredient which is—

(i) required to have the indication of danger T+ or T, if the concentration thereof exceeds 0.2 per cent by weight,

(ii) required to have the indication of danger C or Xn, if the concentration thereof exceeds 5 per cent by weight.

(2) the label shall also show—

(a) the net quantity of the preparation;

(b) the batch number; and

(c) in the case of preparations which are required to have the indication of danger T+, T or Xn, an indication that the container must not be re-used except in the case of containers that are specifically designed for re-use, recharging or refilling by the supplier of the pesticide.

PART II PARTICULAR PROVISIONS CONCERNING CERTAIN PREPARATIONS

A Special provisions for preparations dangerous for supply

Preparations to be supplied to the general public

1.—(1) The labels on packages of preparations dangerous for supply intended to be supplied to the general public must bear relevant safety phrase S1, S2, S45 or S46 in accordance with the approved classification and labelling guide.

(2) When such preparations are classified as very toxic, toxic, or corrosive and where it is physically impossible to give the information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

Preparations intended for use by spraying

2.  The labels on packages containing preparations dangerous for supply intended to be used for spraying shall bear the safety phrase S23 and safety phrase S38 or S51 assigned in accordance with the approved classification and labelling guide.

Preparations containing a substance affected by the risk phrase R33 (danger of cumulative effects)

3.  When a preparation dangerous for supply contains at least one substance required to show the risk phrase R33, that phrase must be shown on the label of the preparation when the concentration of that substance is equal to or higher than 1% unless a different value for that substance is shown in Part V of the approved supply list.

Preparations containing a substance affected by the risk phrase R64 (may cause harm to breast-fed babies)

4.  When a preparation dangerous for supply contains at least one substance required to show the risk phrase R64, that phrase must be shown on the label of the preparation when the concentration of that substance is equal to or higher than 1% unless a different value for that substance is shown in Part V of the approved supply list.

B Special provisions for preparations whether or not dangerous for supply

Paints and varnishes containing lead

1.—(1) Labels of packages of paints and varnishes containing lead in quantities exceeding 0.15% expressed as weight of metal of the total weight of the preparation, as determined in accordance with ISO Standard 6503/1984, shall show the following particulars—

“Contains lead. Should not be used on surfaces that are liable to be chewed or sucked by children.”.

(2) In the case of packages containing less than 125 millilitres of such preparations the particulars may be—

“Warning. Contains lead.”.

Cyanoacrylate based adhesives

2.—(1) The immediate packages of glues based on cyanoacrylates shall bear the following inscription—

“Cyanoacrylate.

Danger.

Bonds skin and eyes in seconds.

Keep out of the reach of children.”.

(2) Appropriate safety advice shall accompany the package.

Preparations containing isocyanates

3.  The package labels of preparations containing isocyanates (whether as monomers, oligomers, prepolymers etc or as mixtures thereof) shall bear the following inscriptions—

“Contains isocyanates.

See information supplied by the manufacuter.”.

Certain preparations containing epoxy constituents

4.  The package labels of preparations containing epoxy constituents with an average molecular weight < 700 shall bear the following inscriptions—

“Contains epoxy constituents.

See information supplied by the manufacturer.”.

Preparations intended to be sold to the general public that contain active chlorine

5.  The package labels of preparations containing more than 1% of active chlorine which are intended to be sold to the general public shall bear the following inscription—

“Warning! Do not use with other products. May release dangerous gases (chlorine).”

Preparations containing cadmium (alloys) intended to be used for brazing or soldering

6.  The package labels of preparations containing cadmium (alloys) intended to be used for brazing or soldering shall bear the following inscription—

“Warning! Contains cadmium.

Dangerous fumes are formed during use.

See information supplied by the manufacturer.

Comply with the safety instructions.”.

(1)

S.I. 1993/3050.