HEALTH AND SAFETY PART 1 INTRODUCTION Citation and commencement 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. Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 GENERAL REQUIREMENTS Classification of dangerous substances and dangerous preparations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safety data sheets for substances and preparations 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertisements for dangerous preparations 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Packaging of dangerous substances, dangerous preparations and certain specified preparations 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling of dangerous substances and dangerous preparations 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Labelling of single receptacles and receptacles in outer packagings 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular labelling requirements for certain preparations 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Methods of marking or labelling packages 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child resistant fastenings, tactile warning devices and other consumer protection measures 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retention of data for dangerous preparations 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 MISCELLANEOUS Enforcement 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. Defence 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 sea 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 amendments 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. M. Bohill A senior officer of the Department of Enterprise, Trade and Investment