HEALTH AND SAFETY Citation and commencement 1 These Regulations may be cited as the Chemicals (Hazard Information and Packaging) Regulations 1993 and shall come into force on 1st September 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— 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 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— in the case of a substance or preparation dangerous for supply, as classification in accordance with regulation 5; or 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— 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; 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) ; or in the case of a substance that is a new substance within the meaning of the Notification of New Substances Regulations 1982 but which is not listed in EINECS, the number for that substance (if any) listed in the European List of Notified Chemical Substances (ELINCS) ; “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 ; “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— 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 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 freight container (other than a tank container), a skip, a vehicle or other article of transport equipment; or 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— in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ; in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ; “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 substance listed in Part 1 of the approved carriage list; 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; any other substance (including any preparation) which has one or more of the characteristic properties; or any article specified in Part 3 of that list; “substance dangerous for supply” means— a substance listed in Part I of the approved supply list; or 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— 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; 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 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— 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— sale or offer for sale, commercial sample, or 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 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 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. Application of these Regulations 3 1 Subject to paragraphs (2) and (3), these Regulations shall apply to any substance or preparation which is dangerous for supply or carriage, except— a a substance or preparation which is dangerous for supply or carriage by reason only that it is a radioactive substance within the meaning of the Ionising Radiations Regulations 1985 ; b a substance or preparation which is— i intended for use as an animal feeding stuff within the meaning of regulation 66(1) of the Feeding Stuffs Regulations 1991 , and ii in a finished state intended for the final user; c a preparation which is intended for use as a cosmetic product within the meaning of regulation 2(1) of the Cosmetic Products (Safety) Regulations 1989 (including any aerosol containing a cosmetic product); d a substance or preparation which is intended for use as— i a medicinal product within the meaning of section 130 of the Medicines Act 1968 , or ii a substance or preparation 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 that substance or preparation as such provisions have effect in relation to medicinal products within the meaning of that Act; e a substance or preparation which is 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 substance or preparation which is dangerous for supply or carriage by reason only that it contains disease producing micro-organisms; or g 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. 2 The provisions of these Regulations which relate to any substance or preparation which is dangerous for supply shall apply to any such substance or preparation which is supplied except— a munitions, and substances or preparations which are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect; b a substance or preparation which is— i intended for use as food within the meaning of section 1 of the Food Safety Act 1990 , and ii in a finished state intended for the final user; c a substance or preparation which is under customs control; d subject to Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances a substance or preparation which is intended for export to a country which is not a member State of the Communities; e a pesticide which has been approved under the Food and Environment Protection Act 1985 ; f a substance or preparation which is transferred from a factory, warehouse or other place of work and its curtilage to another place of work in the same ownership and in the immediate vicinity; g a substance to which regulation 4(4) of the Notification of New Substances Regulations 1982 applies (which relates to certain new substances not yet fully tested) and which is labelled in accordance with the provisions of that regulation; or h substances, preparations and mixtures thereof in the form of wastes which are covered by Council Directives 91/156/EEC and 91/689/EEC . 3 The provisions of these Regulations which relate to any substance dangerous for carriage shall apply to any such substance which is carried except— a where the vehicle in which the substance is being carried is not being used for, or in connection with, work; b where the receptacle in which the substance is being carried is a tank container having a volume of more than 3 cubic metres; c a substance which has been assigned to Class 1 in accordance with the Classification and Labelling of Explosives Regulations 1983 ; d a substance which is intended for use as food within the meaning of section 1 of the Food Safety Act 1990; e where the substance is carried on, or in connection with, an international transport operation within the meaning of the Convention concerning International Carriage by Rail (COTIF) and the substance is packaged and labelled in accordance with the provisions of that Convention or of Regulations made under it; f where the substance is carried on, or in connection with, an international transport operation within the meaning of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) signed at Geneva on 30th September 1957 and the carriage complies with the provisions of Annex A or Annex B or both to that Agreement; g where the carriage is an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of Article 4.3 of the said European Agreement (ADR) to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement; h where the vehicle carrying the substance dangerous for carriage is not for the time being subject to the provisions of the said European Agreement (ADR) by reason only that it is a vehicle belonging to, or under the orders of, the armed forces of a Contracting Party; i where the substance is being carried for or in connection with the carriage of that substance by sea and the substance is packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation; j where the substance is being carried by road for or in connection with the carriage of that substance by air, and the substance is packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation; k where petroleum-spirit, which is intended for use as a fuel of any internal combustion engine and not wholly or partly for the purposes of sale, is carried in a container which conforms to the requirements of either— i the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929 , or ii Regulations 3 to 8 of the Petroleum-Spirit (Plastic Containers) Regulations 1982 ; l where the substance is being carried in a vehicle being used on roads only for delivering goods between private premises and a vehicle in the immediate vicinity, or in passing from one part of such premises to another in the same ownership and in the immediate vicinity; or m in so far as the substance— i is used solely in connection with the operation of the vehicle as a means of transport, and ii is being carried in a tank which forms part of or is permanently attached to the vehicle or is in a battery. In this paragraph any reference to a specified document shall operate as a reference to that document as revised or re-issued from time to time. 4 Regulations 8 to 14 shall only apply to substances or preparations dangerous for supply or carriage in packages. 5 Notwithstanding paragraphs (1) and (2), regulation 13(1) shall apply to the preparations referred to in that paragraph (unless expressly otherwise provided for in that paragraph) whether or not those preparations are otherwise dangerous for supply within the meaning of regulation 2(1). 6 These Regulations in so far as they apply to the carriage of substances dangerous for carriage shall also apply to the articles specified in Part 3 of the approved carriage list as they apply to such substances dangerous for carriage. 7 Where a substance or preparation dangerous for supply has been imported for delivery to its importer at his place of work, the provisions of these Regulations which relate to the labelling of that substance or preparation shall not apply until ten days after it has been delivered to the importer, if during that perod it is not— a supplied to any other person; or b subjected to any form of manipulation, treatment or processing which results in the substance being exposed, or for any purpose (other than labelling in accordance with these Regulations) which results in any receptacle containing the substance or preparation being removed from its outer packaging. 8 These Regulations shall not apply to Northern Ireland. Meaning of the approved supply list and the approved carriage list 4 1 The “approved supply list” means the list entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply” approved by the Health and Safety Commission on 16th February 1993 for the purposes of these Regulations and comprises— a in Part I— i in column 1, a list of the names of the substances for which the Commission has approved information, and ii in the corresponding entries in columns 2 and 3 respectively the index number and (if any) the CAS Number (for reference only) for the substance; b in Part II— i in column 1, a list of the index numbers of the substances for which the Commission has approved information, and ii in the corresponding entries in column 2 the names of those substances; c in Part III, a numbered list of the risk phrases and combinations of risk phrases which the Commission has approved; d in Part IV, a numbered list of the safety phrases and combinations of safety phrases which the Commission has approved; e in Part V, the information which the Commission has approved for each substance referred to in Part I, namely— i in column 1, the index number and abbreviated name (for reference only), and ii in the corresponding entries in columns 2 to 4 respectively the classification, the labelling data (including the EEC Number) and any concentration limits which the Commission has approved for the substance for the classification of preparations containing that substance; f in Part VI, a list of the conventional oral toxicity (LD50) values which the Commission has approved in relation to pesticides for the purpose of classifying those pesticides in accordance with Schedule 5, together with such notes and explanatory material as is requisite for the use of the list. 2 The “approved carriage list” means the list entitled “Information Approved for the Classification, Packaging and Labelling of Substances Dangerous for Carriage” first approved by the Health and Safety Commission on 16th February 1993 for the purpose of these Regulations and the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 , as revised or re-issued from time to time, which comprises— a in Part 1, a list of the substances dangerous for carriage for which the Commission has approved information,— i in column 1, the name of the substance, ii in column 2, the substance identification number, iii in column 3, the classification for carriage and hazard warning, iv in column 4, the packaging group (not relevant to these Regulations), v in column 5, any subsidiary hazard, and vi in column 6, any special provisions; b in Part 2, a list of the groups of substances dangerous for carriage for which the Commission has approved information— i in column 1, the description of the substances in the group, ii in columns 2 to 6 the same information relating to the groups of substances as is shown in the corresponding columns in Part I, c in Part 3, a list of the articles which are required to be treated as substances dangerous for carriage by virtue of regulation 3(5) for which the Commission has approved information— i in column 1, the description of the article, ii in columns 2 to 6 the same information relating to the article as is shown relating to substances in the corresponding columns in Part 1, together with such notes and explanatory material as is requisite for the use of the list. Classification of substances and preparations dangerous for supply 5 1 A supplier shall not supply a substance or preparation dangerous for supply, unless it has been classified in accordance with the following paragraphs of this regulation. 2 In the case of a substance which is listed in the approved supply list, the classification shall be that specified in the entry for that substance in column 2 of Part V of that list. 3 In the case of a substance which is a new substance within the meaning ofregulation 2(1) of the Notification of New Substances Regulations 1982 and which has been notified in accordance with regulation 4(1) of those Regulations, the substance shall be classified in conformity with that notification. 4 In the case of any other substance dangerous for supply, after an investigation to become aware of relevant and accessible data which may exist, the substance shall be classified by placing it into one or more of the categories of danger specified in column 1 of Part I of Schedule 1 corresponding to the properties of the substance specified in the entry opposite thereto in column 2 and by assigning appropriate risk phrases by the use of the criteria set out in the approved classification and labelling guide. 5 Subject to paragraph (6), a preparation to which these Regulations apply shall be classified as dangerous for supply in accordance with Schedule 4 by the use of the criteria set out in the approved classification and labelling guide. 6 A preparation which is intended for use as a pesticide (other than a pesticide which has been approved under the Food and Environment Protection Act 1985) shall be classified as dangerous for supply in accordance with Schedule 5. 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 remains 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 revised safety data sheet shall be provided free of charge to all recipients who have received the substance or preparation in the last 12 months and the changes in it shall be brought to their notice. 5 Safety data sheets need not be provided with substances or preparations dangerous for supply sold to the general public in circumstances to which regulation 18(2)(a) or (b) applies (relating to supply from a shop etc.) if sufficient information is furnished to enable users to take the necessary measures as regards the protection of health and safety, except that safety data sheets shall be provided free of charge at the request of persons who intend the substance or preparation to be used at work, but in those circumstances paragraph (4) (in so far 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 the safety data sheets 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. Classification of substances (including preparations) dangerous for carriage 7 1 A person shall not consign (whether as principal or agent for another) a substance which is dangerous for carriage, unless it has been classified in accordance with the following paragraphs of this regulation. 2 In the case of a substance which is specified in Part 1 of the approved carriage list as dangerous for carriage, the classification shall be that specified in the entry for that substance in column 3 of that Part. 3 In the case of a substance which, while not listed in Part 1 of the approved carriage list as dangerous for carriage, is in one of the groups of substances listed in Part 2 the classification shall be that specified in the entry for that group in column 3 of that Part. 4 In the case of an article specified in Part 3 of the approved carriage list, to which these Regulations are applied by regulation 3(6), the classification shall be that specified in the entry for that article in column 3 of that Part. 5 In any other case, the classification of the substance shall be that specified in column 2of Part I of Schedule 3 corresponding to the most hazardous of the characteristic properties ofthe substance specified opposite thereto in column 1 of that Part. Packaging of substances or preparations dangerous for carriage or supply 8 The supplier of a substance or preparation which is dangerous for supply and the consignor of a substance which is dangerous for carriage shall not supply or consign (whether as principal or agent for another) for carriage, as the case may be, any such substance or preparation unless it is in a package which is suitable for that purpose, and in particular, unless— a the receptacle containing the substance or preparation and any associated packaging, are designed, constructed, maintained and closed so as to prevent any of the contents of the receptacle from escaping when subjected to the stresses and strains of normal handling, except that this sub-paragraph shall not prevent the fitting of a suitable safety device; b the receptacle and any associated packaging, in so far as they are likely to come into contact with the substance or preparation, are made of materials which are neither liable to be adversely affected by that substance nor liable in conjunction with that substance to form any other substance which is itself a risk to the health or safety of any person; and c where the receptacle is fitted with a replaceable closure, that closure is designed so that the receptacle can be repeatedly re-closed without its contents escaping. Labelling of substances and preparations dangerous for supply 9 1 Subject to paragraphs (4) to (9) and regulations 11 and 12, a supplier shall not supply a substance or preparation which is dangerous for supply unless the particulars specified in paragraph (2) relating to a substance or in paragraph (3) relating to a preparation, as the case may be, are clearly shown in accordance with the requirements of regulation 14— a on the receptacle containing the substance or preparation; and b if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be the outermost layer of packaging during the supply or the use of the substance, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen. 2 The particulars required under paragraph (1) in relation to a substance dangerous for supply shall be— a the name and full address and telephone number of a person in a member State who is responsible for supplying the substance, whether it be its manufacturer, importer or distributor; and b the name of the substance, being the name or one of the names for the substance listed in Part I of the approved supply list, or if it is not so listed an internationally recognised name; c the following particulars ascertained in accordance with Part I of Schedule 7, namely— i the indication or indications of danger and the corresponding symbol or symbols (if any), ii the risk phrases, iii the safety phrases, and iv the EEC number (if any), and, in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, the words “EEC label”. 3 The particulars required under paragraph (1) in relation to a preparation dangerous for supply shall be— a the name and full address and telephone number of a person in a member State who is responsible for supplying the preparation, whether it be its manufacturer, importer or distributor; and b the trade name or other designation of the preparation; c the following particulars ascertained in accordance with Part I of Schedule 7, namely— i identification of the constituents of the preparation which result in the preparation being classified as dangerous for supply, ii the indication or indications of danger and the corresponding symbol or symbols (if any), iii the risk phrases, iv the safety phrases, v in the case of a pesticide, the modified information specified in paragraph 5 of Part I of Schedule 7, and vi in the case of a preparation intended for sale to the general public, the nominal quantity (nominal mass or nominal volume). 4 Indications such as “non-toxic” or “non-harmful” or any other statement indicating that the substance is not dangerous for supply shall not appear on the label. 5 Labelling under this regulation shall not be required for a gas which is or has been compressed, liquefied or dissolved under pressure, except that this regulation shall apply to such a gas which is— a a preparation; b in an aerosol dispenser; or c a pesticide. 6 Except for the outermost packaging of a package in which a substance or preparation is transferred, labelling in accordance with this regulation shall not be required where a substance or preparation dangerous for supply is supplied by way of transfer from a factory, warehouse or other place of work and its curtilage to another place of work, if, at that other place of work it is not subject to any form of manipulation, treatment or processing which results in the substance or preparation dangerous for supply being exposed or, for any purpose other than labelling in accordance with these Regulations, results in any receptacle containing the substance being removed from its outer packaging. 7 Except in the case of a substance or preparation dangerous for supply for which the indication of danger is required to be explosive, very toxic or toxic, labelling under this regulation shall not be required for such small quantities of that substance or preparation if there is no reason to fear danger to persons handling that substance or preparation or to other persons. 8 Where, in the case of a substance or preparation dangerous for supply, other than a pesticide, the package in which the substance or preparation is supplied does not contain more than 125 millilitres of the substance or preparation, the risk phrases required by paragraph (2)(c)(ii) or (3)(c)(iii), and the safety phrases required by paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, need not be shown unless the substance or preparation is one for which the indication of danger is required to be explosive, very toxic, toxic, corrosive or extremely flammable or, in the case of substances or preparations intended to be supplied to the public, harmful. 9 Where, because of the size of the label, it is not reasonably practicable to provide the safety phrases required under paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, on the label, that information may be given on a separate label or on a sheet accompanying the package. Labelling of substances (including preparations) dangerous for carriage 10 1 Subject to paragraph (4) and regulation 11, a consignor shall not consign (whether as principal or agent for another) for carriage a substance which is dangerous for carriage unless the package in which that substance is carried clearly shows in accordance with regulation 14 the particulars specified in paragraph (2) or permits those particulars when shown on the receptacle or on inner packagings to be clearly seen. 2 The particulars required under paragraph (1) shall be— a the name and the address or telephone number or both of the consignor or of some other person in the United Kingdom from whom expert advice on the dangers created by the substance may be obtained; b the following particulars ascertained in accordance with Schedule 8, namely— i the designation of the substance, ii the substance identification number (if any), and iii the hazard warning sign; and c in a case where the quantity of a substance dangerous for carriage in any receptacle is more than 25 litres, the nature of the dangers to which the substance (including any subsidiary hazard that is specified in column 5 of Parts 1 to 3 of the approved carriage list for that substance) may give rise and the emergency action that should be taken, except that this information may be shown on a separate statement accompanying the package if that statement also shows the particulars required by sub-paragraphs (a) and (b)(i) above and the classification. 3 Nothing in paragraph (2) shall be taken as preventing— a in the case of a package containing two or more dangerous substances in separate receptacles, separate labels which comply with that paragraph from being shown for each such substance in accordance with paragraph (1), or the use of the hazard warning sign for “mixed hazards” specified in column 3 of Part 1 of Schedule 3; or b in the case of a gas cylinder, the information required by paragraph (2)(c) from being shown partly on the label and partly on the separate statement. 4 Labelling under this regulation is not required— a in the following cases, where the volume of the receptacle, or the total volume of all the receptacles in a package is— i in the case of receptacles containing any toxic gas, 25 millilitres or less, ii in the case of receptacles containing any flammable gas, 500 millilitres or less, or iii in the case of receptacles containing any non-flammable compressed gas,5.5 litres or less, except that in this case, in determining the total volumeof receptacles in a package, no account shall be taken of any individual receptacle having a volume of 1.4 litres or less; or b in any other case, where the total quantity of substances dangerous for carriage in the package is one litre or less. Derogations from regulations 9 and 10 11 1 Where a package would otherwise be required to show the particulars required by both regulation 9 and regulation 10, it shall be a sufficient compliance with those regulations if the package shows in accordance with regulation 14 the particulars specified in the following paragraphs of this regulation. 2 Except in the case of a pesticide where the package consists only of a single receptacle, the specified particulars are— a in a case where the quantity of the substance dangerous for carriage is less than 250 litres either— i the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of a preparation) of regulation 9 and paragraph (2)(b)(ii) and (iii) of regulation 10, or ii the particulars required by regulation 9 and the particulars required by regulation 10(2)(b)(ii); or b in any other case, the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of a preparation) of regulation 9 and paragraph (2)(b)(ii) and (iii) and (c) of regulation 10, except that the particulars required by regulation 10(2)(c) may be shown on a separate statement accompanying the package if that statement also shows the particulars required by regulation 10(2)(a) and (b)(i) and the classification. 3 Except in the case of pesticide, where the package consists of one or more receptacles in outer packaging, the specified particulars are— a in a case where the total quantity of a preparation dangerous for supply in the package is less than 250 litres— i the particulars required by paragraph (2)(a)(i), or (ii) of this regulation, or ii the particulars required by regulation 10; or b in any other case either— i the particulars required by paragraph (2)(b) of this regulation, or ii the particulars required by regulation 10. 4 In the case of a pesticide (whether the package consists only of a single receptacle or of one or more receptacles in outer packagings), the specified particulars are— a where the total quantity of a pesticide in the package is less than 250 litres, either— i the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 and paragraph (2)(b)(ii) and (iii) of regulation 10, or ii the particulars required by regulation 9 and by regulation 10(2)(b)(ii); or b in any other case, the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 and paragraph (2)(b)(ii) and (iii) and (c) of regulation 10, except that the particulars required by regulation 10(2)(c) may be shown on a separate statement accompanying the package if that statement also shows the particulars required by regulation 10(2)(a) and (b)(i) and the classification. 5 Where, to facilitate handling, a package consists of two or more smaller packages mounted on a pallet or similar device in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) or paragraph (4) if those smaller packages are labelled in accordance with the relevant paragraph. Derogations from regulation 9 in relation to certain transport rules 12 1 Where a package is required to show the particulars required by regulation 9 but is excepted from showing the particulars required by regulation 10 because it is labelled in accordance with the transport rules specified in paragraph (3)(e) to (g) or (j) of regulation 3 or is excepted by sub-paragraph (h) of that paragraph, it shall be a sufficient compliance with regulation 9 if the package shows the particulars specified in the following paragraphs of this regulation. 2 Where the package consists only of a single receptacle, the specified particulars are— a the particulars required by whichever of the transport rules is appropriate; and b the particulars required by paragraphs (2)(a), (b), (c)(ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi)) of regulation 9 in accordance with regulation 14. 3 Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate. Particular labelling requirements for certain preparations 13 1 In the case of preparations to which Part II of Schedule 7 applies, namely— a preparations dangerous for supply which are very toxic, toxic or corrosive intended to be supplied to the general public; b paints or varnishes containing lead; c cyanoacrylate-based adhesives; d preparations containing isocyanates; e certain preparations containing epoxy constituents; f preparations dangerous for supply intended to be sprayed; g preparations sold to the general public which contain active chlorine; and h preparations containing cadmium (alloys) intended to be used for brazing or soldering, the appropriate provisions of that Part of the Schedule shall have effect to regulate the labelling of such preparations except for the preparations referred to in sub-paragraphs (a) and (f) above, whether or not those preparations would otherwise be dangerous for supply. 2 In the case of preparations packaged in aerosol dispensers, the flammability criteria set out in Part II of Schedule 1 shall have effect for the classification and labelling of those preparations for supply in place of the categories of danger “extremely flammable”, “highly flammable” or “flammable” set out in Part I of that Schedule, and where a dispenser contains a substance so classified, that dispenser shall be labelled in accordance with the provisions of paragraph 2 of the said Part II. Methods of marking or labelling packages 14 1 Any package which is required to be labelled in accordance with regulations 9 to 13 may carry the particulars required to be on the label indelibly marked on a part of that package reserved for that purpose and, unless the context otherwise requires, any reference in these Regulations to a label includes a reference to that part of the package so reserved. 2 Subject to paragraph (8), any label required to be carried on a package shall be securely fixed to the package with its entire surface in contact with it and the label shall be clearly and indelibly printed. 3 The colour and nature of the marking shall be such that the symbol or, as the case may be, the hazard warning sign stands out from its background so as to be readily noticeable. 4 The package shall be so labelled that the particulars can be read horizontally when the package is set down normally. 5 Subject to paragraph (8), the dimensions of the label required under regulation 9 and that part of the label required under regulation 10 which does not carry the hazard warning sign shall be as follows— Capacity of Package Dimensions of label a not exceeding 3 litres if possible at least 52×74 millimetres b exceeding 3 litres but not exceeding 50 litres at least 74×105 millimetres c exceeding 50 litres but not exceeding 500 litres at least 105×148 millimetres d exceeding 500 litres at least 148×210 millimetres 6 Any symbol required to be shown in accordance with regulation 9(2)(b)(ii) or 9(3)(b)(iii) and specified in column 3 of Schedule 2 shall be printed in black on an orange-yellow background and its size (including the orange-yellow background) shall be at least equal to an area of one-tenth of that of a label which complies with paragraph (5) and shall not in any case be less than 100 square millimetres. 7 Subject to paragraph (8), a hazard warning sign shall have a side length of at least 100 millimetres. 8 If the package is an awkward shape or so small that it is unsuitable to attach a label complying with paragraphs (2), (5) and (7) the label shall be attached in some other appropriate manner. 9 The particulars required to be shown on the label shall be in English, except that where a substance or preparation is supplied to a recipient in another member State, the label may be in an official language of that State. Retention of classification data for substances and preparations dangerous for supply 15 A person who classifies a substance in accordance with regulation 5(4) or a preparation dangerous for supply shall keep a record of the information used for the purposes of classifying it for at least 3 years after the date on which the substance or preparation was supplied for the last time and shall make the record or a copy of it available to the appropriate enforcing authority referred to in regulation 18(2) at its request. Notification of the constituents of certain preparations dangerous for supply to the poisons advisory centre 16 1 This regulation shall apply to any preparation which is classified on the basis of one or more of its health effects referred to in column 1 of Schedule 1. 2 Subject to regulation 19(3) (transitional provisions), the supplier of a preparation to which this regulation applies shall, if it was first supplied before these Regulations came into force or (if it was supplied after that date before first supplying it) notify the poisons advisory centre of the information required to be in the safety data sheet prepared for the purposes of regulation 6 relating to the preparation. 3 The supplier shall ensure that the information supplied to the poisons advisory centre in pursuance of paragraph (2) is kept up to date. 4 The poisons advisory centre shall only disclose any information sent to it in pursuance of paragraph (2) or (3) on a request by, or by a person working under the direction of, a registered medical practitioner in connection with the medical treatment of a person who may have been affected by the preparation. Exemption certificates 17 1 Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the free movement of dangerous substances, the Executive may, by a certificate in writing, exempt any person or class of persons, substance or preparation dangerous for supply or carriage, or class of such substances or preparations, article or class of articles, from all or any of the requirements or prohibitions imposed by or under these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing. 2 The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to— a the conditions, if any, which it proposes to attach to the exemption and b any requirements imposed by or under any enactments which apply to the case, it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. Enforcement, civil liability and defence 18 1 Insofar as any provision of regulations 5 to 16 is made under section 2 of the European Communities Act 1972 — a subject to paragraph (2), the provisions of the Health and Safety at Work etc. Act 1974 which relate to the approval of codes of practice and their use in criminal proceedings, enforcement and offences shall apply to that provision as if that provision had been made under section 15 of that Act; and b breach of a duty imposed by that provision shall confer a right of action in civil proceedings, insofar as that breach of duty causes damage. 2 Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall be the Executive, except that— a where a substance or preparation dangerous for supply is supplied in or from premises which are registered under section 75 of the Medicines Act 1968 , the enforcing authority shall be the Royal Pharmaceutical Society; or b where a substance or preparation dangerous for supply is supplied otherwise than as in sub-paragraph (a) above— 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 or prize or mail order, the enforcing authority shall be the local weights and measures authority. 3 In any case where by virtue of paragraphs (2)(a) or (b) these Regulations are enforced by the Royal Pharmaceutical Society or the local weights and measures authority, 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 as if they were safety regulations. 4 In any proceedings for an offence under these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence. Transitional provisions 19 1 Until 1st September 1994, it shall be a sufficient compliance with the requirements of these Regulations if a substance or preparation is classified, packaged and labelled in accordance with the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 as in force immediately before these Regulations came into force. 2 Between 1st September 1994 and 1st March 1995, in any case in which— a the package or receptacle in which one or more substances or preparations dangerous for supply or carriage is supplied or carried contains a total quantity of 25 litres or less; b the substances or preparations were packaged and labelled before 1st September 1994 and were not removed from their package or receptacle since that date; and c it was not reasonably practicable either— i to repackage and relabel the substances or preparations before they were supplied or carried, or ii to supply or carry them on a date earlier than the date on which they were in fact supplied or carried, it shall be a sufficient compliance with the requirements of these Regulations (not being the requirement to provide the safety data sheets described in regulation 6(1)) if the substances or preparations are classified, packaged and labelled in accordance with the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 as in force immediately before these Regulations came into force. 3 Regulation 16 (notification to the poisons advisory centre) shall not apply until the date on which the Secretary of State for Health has approved the poisons advisory centre and it shall be a sufficient compliance with that regulation if the information required to be provided in relation to any preparation is received by the poisons advisory centre— a in the case of a preparation which is required to have the indication of danger, very toxic, toxic or corrosive, six months after that date; b in the case of preparation which is required to have the indication of danger, harmful or irritant, 1 year after that date; or c in either case, before such later date as the Executive may approve. Extension outside Great Britain 20 These Regulations shall apply to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply to activities within Great Britain. Revocations and modifications 21 1 The following regulations are hereby revoked namely— a the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ; b the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1986 ; c the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988 ; d the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1989 ; and e the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990 ; 2 Where a substance or preparation dangerous for supply or carriage is required to be labelled in accordance with these Regulations and is so labelled, that labelling shall be deemed to satisfy the requirements of— a section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous substance by an Order in Council made undersection 19 of that Act; b regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 ; and c regulations 3 and 4 of the Farm and Garden Chemicals Regulations 1971 . 3 The following Local Acts shall be modified in accordance with sub-paragraphs (a) and (b) below— a in section 4 of Part II of the London County Council (General Powers) Act 1912 , for the definition of “flash point” there shall be substituted the following definition— ‘ “flash point” means the flash point determined in accordance with Part III of Schedule 1 to the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )’; b in section 38 of the London Building Acts (Amendment) Act 1939 for subsection (2A), there shall be substituted the following subsection— 2A In this section, “flash point” means the flash point determined in accordance with Part III of Schedule 1 to the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 ). . 4 The Notification of New Substances Regulations 1982 shall be amended as follows— a in regulation 4(1)(c)(ii) for the words “Regulation 8 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 (S.I. No. 1244) ” there shall be substituted the words “Regulation 9 of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )”; and b at the end of Schedule 3 for the existing Note there shall be substituted the following Note— Note: (This Note does not form part of Article 16(2)). The data required under this Schedule may be ascertained in accordance with regulation 9 of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 ). . 5 In the first Note following the table in Part II of Schedule 2 to the Control of Industrial Major Accident Hazards Regulations 1984 — a after the words “assigned categories” there shall be inserted the words “of danger”; and b for the words “regulation 5 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ( S.I. 1984/1244 amended by S.I. 1986/1922 , S.I. 1988/766 , S.I. 1989/2208 and S.I. 1990/1255 )” there shall be substituted the words “regulation 5 of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 ) (which relates to the classification of substances and preparations dangerous for supply)”. 6 For sub-paragraph (2) of paragraph 14 in Part I of Schedule 1 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 there shall be substituted the following sub-paragraph— 2 In this paragraph “dangerous substance” means a substance which is dangerous for carriage within the meaning of regulation 2(1) of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 ) 7 The Dangerous Substances in Harbour Areas Regulations 1987 shall be amended in accordance with Schedule 9. 8 In the Control of Asbestos at Work Regulations 1987 , in regulation 18(3)(a), and paragraph 1(1)(a) of Schedule 2, for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )”. 9 For sub-paragraph (a) of the definition of “substance hazardous to health” in regulation 2(1) of the Control of Substances Hazardous to Health Regulations 1988 there shall be substituted the following sub-paragraph— a a substance which is listed in Part I of the approved supply list as dangerous for supply within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 ) and for which an indication of danger specified for the substance in Part V of that list is very toxic, toxic, harmful, corrosive or irritant; . 10 In the Road Traffic (Carriage of Explosives) Regulations 1989 , in regulation 7(3), for the words “conveyance (within the meaning of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984” there shall be substituted the words “carriage within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )”. 11 In the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 — a in regulation 2(1)— i for the definition of “the 1984 Regulations” there shall be substituted the following definition— ‘ “the 1993 Regulations” means the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 );’; ii in the definition of “classification” for the words “regulation 6 of the 1984 Regulations” there shall be substituted the words “regulation 7 of the 1993 Regulations”; iii in the definition of “dangerous substance” for the words “conveyance within the meaning of the 1984 Regulations” there shall be substituted the words “carriage within the meaning of the 1993 Regulations”; b in paragraph 1(d) of Schedule 1 for the words “the 1984 Regulations” there shall be substituted the words “the 1993 Regulations” and for the words “conveyed by road” substitute the word “carried”. 12 In sub-paragraph (b) of the definition of “explosives” in regulation 2(1) of the Packaging of Explosives for Carriage Regulations 1991 , for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )”. 13 The provision of the Petroleum (Consolidation) Act 1928 referred to incolumn 1 of Part I of Schedule 10 and the provisions of the instruments referred to in column 1 of Part II of that Schedule (all of which relate to the flash points of flammable liquids) shall be modified to the extent specified in the corresponding entries in column 2 of that Schedule. Amendments to the Road Traffic Regulations 22 1 The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 shall be amended in accordance with Part I of Schedule 11. 2 The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 shall be amended in accordance with Part II of Schedule 11. 3 The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 shall be amended in accordance with Part III of Schedule 11. Signed by order of the Secretary of State. Michael Forsyth Minister of State, Department of Employment 19th July 1993