HEALTH AND SAFETY Citation and commencement 1 These Regulations may be cited as the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 and shall come into operation on 1st Decemeber 1993. Interpretation 2 1 In these Regulations— “ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957 , as revised or re-issued from time to time; “approved carriage list” means the list described in regulation 4(2); “approved classification and labelling guide” means the guide approved by the Department and published by the Health and Safety Commission entitled “Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply”; “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 a substance dangerous for carriage, one of the classifications and 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 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 that list or appears therein without concentration limits being specified means the concentration limits for that substance determined in accordance with Part II of Schedule 4; “consignor” means a person who consigns for carriage (whether as principal or as agent for another) a substance dangerous for carriage; “the Department” means the Department of Economic Development; “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; 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 a substance that is a new substance within the meaning of regulation 2(1) of the Notification of New Substances Regulations (Northern Ireland) 1985 but which is not listed in the said European Inventory of Existing Commercial Chemical Substances (EINECS), the number for that substance (if any) listed in the European List of Notified Chemical Substances (ELINCS) ; “the enforcing authority” shall be construed in accordance with regulation 19(2); “flash point” means the flash point determined in accordance with Part III of Schedule 1; “freight container” means a container within the meaning of regulation 2 of the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992 ; “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 specified in Part II of that Schedule; “the Health and Safety Commission” means the Health and Safety Commission established under section 10 of the Health and Safety at Work etc. Act 1974 ; “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, one or more indications of danger for that substance specified by a symbol-letter in Column 3 of Part V of that list; or a substance dangerous for supply not listed in Part I of the approved supply list or a preparation dangerous for supply, 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; “member State” means a country (other than the United Kingdom) which is a member of the European Communities; “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 a 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 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; “petroleum-spirit” has the same meaning as in section 23(1) of the Petroleum (Consolidation) Act (Northern Ireland), 1929 ; “poisons advisory centre” means a body approved for the time being for the purposes of regulation 17 by the Department of Health and Social Services for Northern Ireland in consultation with the Department, the Health and Safety Agency for Northern Ireland and such other bodies as appear to it to be appropriate; “preparation” means a mixture or solution 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 I of Part 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 that substance or preparation and which is liable to be individually handled when that substance or preparation 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 a specific risk phrase may be designated by the letter “R” followed by a distinguishing number or combination of numbers notwithstanding that 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 road within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 ; “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 a specific safety phrase may be designated by the letter “S” followed by a distinguishing number or combination of numbers notwithstanding that 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; “substance” means a chemical element and its 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 Part 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; 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 that list in Column I, the substance identification number specified in the appropriate entry in Column 2 of that Part; or 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 Northern Ireland of that substance or preparation; “supply” in relation to a substance or preparation dangerous for supply— means, subject to sub-paragraph (b), supply of that substance or preparation in the course of or for use at work, by way of— sale or offer for sale, lease, hire or hire purchase, 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 19(2), in any case for which by virtue of those sub-paragraphs the enforcing authority for these Regulations is the Department of Health and Social Services or the district council, has the meaning assigned to it by Article 3 of the Consumer Protection (Northern Ireland) Order 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; “symbol-letter” means the letter shown in the corresponding entry in Column 2 of Schedule 2; and “the transport rules” shall be construed in accordance with regulation 12(1). 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 In these Regulations any reference to a quantity of a substance or preparation dangerous for supply or carriage expressed in litres, shall be construed as a reference— a in the case of a liquid, to the volume in litres of that liquid; b in the case of a gas, to the volume in litres of the receptacle containing that gas; and c in the case of a solid, to the same number of kilograms of that solid, and for the purpose of aggregation, one litre of a liquid or gas shall be deemed to be equivalent to one kilogram of a solid. 4 Subject to regulations 1.5, 20 and 22, these Regulations are without prejudice to any other requirement imposed by or under any statutory provision which relates to a substance or preparation dangerous for supply or carriage. 5 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly. Application 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 regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 1985 ; b a substance or preparation which is— i intended for use as a feeding stuff within the meaning of regulation 2(1) of the Feeding Stuffs Regulations (Northern Ireland) 1992 ; 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); c 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 section 2(1) 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 or offer to supply a controlled drug to another) 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 statutory provision. 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 Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ; and ii in a finished state 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 and import of certain dangerous chemicals a substance or preparation which is intended for export to a country which is not a member State; 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 (Northern Ireland) 1985 (which relates to certain new substances not yet fully tested) applies and which is labelled in accordance with the provisions of that regulation; or h a substance or preparation to which Annex 1 of Council Directive 91/156/EEC on waste and Article 1 of Council Directive 91/689/EEC on hazardous waste apply. 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 on classification to Class 1 in accordance with the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 ; d a substance which is intended for use as food within the meaning of Article 2(2) of the Food Safety (Northern Ireland) Order 1991; 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 ADR and the carriage complies with the provisions of Annex A or Annex B of ADR or both as appropriate; 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 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 ADR by reason only that it is a vehicle belonging to, or under the orders of, the armed forces of a country which is a signatory to ADR; 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 combusion 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 (Northern Ireland) 1930 , or ii regulations 3 to 5 of the Petroleum-Spirit (Plastic Containers) Regulations (Northern Ireland) 1983 ; and the quantity of petroleum-spirit so carried does not exceed the quantity specified in the appropriate Regulations; l where the substance is being carried in a vehicle being used on a road 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 insofar 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; and 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 a substance or preparation 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 insofar 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 period 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. Meaning of the approved supply list and the approved carriage list 4 1 The “approved supply list” means the list approved by the Department for the purpose of these Regulations and published by the Health and Safety Commission entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply”, which comprises— a in Part I— i in Column 1, a list of the names of the substances for which the Department has approved information, and ii in the corresponding entries in Columns 2 and 3 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 Department 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 Department has approved; d in Part IV, a numbered list of the safety phrases and combinations of safety phrases which the Department has approved; e in Part V, the information which the Department 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 Department has approved for the substance for the classification of preparations containing that substance; and f in Part VI, a list of the conventional oral toxicity (LD 50 ) values which the Department 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 approved by the Department for the purpose of these Regulations and for the purpose of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations (Northern Ireland) 1992 and published by the Health and Safety Commission entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances for Carriage by Road”, which comprises— a in Part 1, a list of the substances dangerous for carriage for which the Department 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 packing 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 Department has approved information— i in Column 1, the description of the substances in the group, and ii in Columns 2 to 6 the same information relating to the groups of substances as is shown in the corresponding Columns in Part 1; and 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 Department has approved information— i in Column 1, the description of the article, and 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 paragraphs (2) to (6). 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 of regulation 2(1) of the Notification of New Substances Regulations (Northern Ireland) 1985 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 remain 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 safety data sheet so revised shall be provided free of charge to any recipient who has received the substance or preparation within the preceding 12 months and the changes in it shall be brought to his notice. 5 A safety data sheet need not be provided with a substance or preparation dangerous for supply supplied to the general public in circumstances to which regulation 19(2)(a) or (b) applies (relating to supply from a shop etc.) if sufficient information is furnished to enable any user to take the necessary measures as regards the protection of health and safety, except that a safety data sheet shall be provided free of charge at the request of any person who intends the substance or preparation to be used at work, but in those circumstances paragraph (4) (insofar 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 a safety data sheet or revised safety data sheet provided under this regulation 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 a substance which is dangerous for carriage, unless it has been classified in accordance with paragraphs (2) to (5). 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 of the approved carriage list 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 2 of Part I of Schedule 3 corresponding to the most hazardous of the characteristic properties of the substance specified opposite thereto in Column 1 of that Part. Packaging of substances and preparations dangerous for supply or carriage 8 The supplier of a substance or preparation which is dangerous for supply and the consignor of a substance dangerous for carriage shall not supply or consign 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 dangerous 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, insofar 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 dangerous for supply unless the particulars specified in paragraph (2) relating to a substance or specified 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, full address and telephone number of a person in a member State who is responsible for supplying the substance, whether as manufacturer, importer or distributor of that substance; 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; and c the following particulars ascertained in accordance with Part I of Schedule 7— i one or more of the indications of danger and the corresponding 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, full address and telephone number of a person in a member State who is responsible for supplying the preparation, whether as manufacturer, importer or distributor of that preparation; b the trade name or other designation of the preparation; and c the following particulars ascertained in accordance with Part I of Schedule 7— i identification of the constituents of the preparation which result in the preparation being classified as dangerous for supply, ii one or more of the indications of danger and the corresponding symbols (if any), iii the risk phrases, iv the safety phrases, v in the case of a pesticide, the information specified in paragraph 5 of Part I of Schedule 7, and vi in the case of a preparation intended to be supplied to the general public, the nominal quantity, that is to say, nominal mass or nominal volume. 4 Any indication such as “non-toxic” or “non-harmful” or any other statement indicating that the substance or preparation 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 a substance or preparation 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, the information so required may be provided 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 a substance 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— 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 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) 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 I 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 volume of 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 regulations 9 and 10, it shall be a sufficient compliance with those Regulations if the package shows in accordance with regulation 14 the particulars specified in paragraphs (2) to (5). 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 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 a 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), or ii the particulars required by regulation 10; or b in any other case either— i the particulars required by paragraph (2)(b), 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 packaging) 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 (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 by virtue of being labelled in accordance with the transport rules specified in paragraph (3)(e) to (g), (i) or (j) of regulation 3 (“the transport rules”) 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 paragraphs (2) and (3). 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) in the case of a substance, (or (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of a preparation) of regulation 9 shown in accordance with the requirements of regulation 14. 3 Where the package consists of one or more receptacles in outer packaging, 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 a preparation to which Part II of Schedule 7 applies, that is to say: a a preparation dangerous for supply which is required to have the indication of danger very toxic, toxic or corrosive, intended to be supplied to the general public; b a paint or varnish containing lead; c a cyanoacrylate-based adhesive; d a preparation containing isocyanates; e certain preparations containing epoxy constituents; f a preparation dangerous for supply intended to be sprayed; g a preparation supplied to the general public which contains active chlorine; and h a preparation containing cadmium (alloys) intended to be used for brazing or soldering, the appropriate provisions of that Part shall have effect so as to regulate the labelling of such preparations except for the preparations referred to in sub-paragraphs (a) and (f), whether or not those preparations would otherwise be preparations dangerous for supply. 2 In the case of a preparation packaged in an aerosol dispenser, the flammability criteria set out in paragraph 1 of Part II of Schedule 1 shall have effect for the classification and labelling of such preparation in place of the categories of danger “extremely 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 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)(c)(i) or 9(3)(c)(ii) 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. Labelling deemed to satisfy the requirements of certain enactments 15 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 (Northern Ireland), 1929 including that section as applied to any dangerous substance by an Order in Council made under section 19 of that Act; and b regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations (Northern Ireland) 1975 . Retention of classification data for substances and preparations dangerous for supply 16 A person who classifies a substance dangerous for supply 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 that substance or preparation for at least three years after the date on which the substance or preparation was last supplied and shall make the record or a copy of it available to the enforcing authority at its request. Notification of information to the poisons advisory centre in relation to certain preparations dangerous for supply 17 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 Part 1 of Schedule 1. 2 Subject to regulation 23(3) (Transitional provisions), the supplier of a preparation to which this regulation applies shall, if it was first supplied before these Regulations came into operation or (if it was supplied after that date before first supplying it) notify the poisons advisory centre of the information required to be contained in the safety data sheet provided for the purposes of regulation 6 relating to the preparation. 3 The supplier shall ensure 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 18 1 Subject to paragraph (2) and to any of the provisions imposed by the European Communities in respect of the free movement of dangerous substances, the Department 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 Department 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 statutory provision which applies 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 19 1 Insofar as any provision of regulations 5 to 17 is made under section 2(2) of the European Communities Act 1972 — a subject to paragraph (2), the provisions of the Health and Safety at Work (Northern Ireland) Order 1978 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 Article 17 of that Order; 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 4 of the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1993 , the enforcing authority for these Regulations shall be the Department, 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 Department of Health and Social Services for Northern Ireland; or b where a substance or preparation dangerous for supply is supplied otherwise than as in sub-paragraph (at 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, the enforcing authority shall be the district council for the area in which are situated the premises in or from which such substance or preparation dangerous for supply is supplied. 3 In any case where by virtue of paragraph (2)(a) these Regulations are enforced by the Department of Health and Social Services for Northern Ireland or where by virtue of paragraph (2)(b) they are enforced 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 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. Amendments to various enactments 20 1 The Notification of New Substances Regulations (Northern Ireland) 1985 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 (Northern Ireland) 1985 ( S.R. 1985 No. 81 )” there shall be substituted the words “regulation 9 of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 )”; and b at the end of Schedule 3 for the Note there shall be substituted— 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 (Northern Ireland) 1993 ( S.R. 1993 No. 412 ) . 2 In the Control of Industrial Major Accident Hazards Regulations (Northern Ireland) 1985 the first note following the table in Part II of Schedule 2 shall be amended as follows— a after “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 (Northern Ireland) 1985 ( S.R. 1985 No. 81 amended by S.R. 1988 No. 288 , S.R. 1989 No. 182 , S.R. 1990 No. 120 and S.R. 1990 No. 303 )” there shall be substituted the words “regulation 5 of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) I993 ( S.R. 1993, No. 412 )”. 3 In the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1986 for paragraph 13(2) of Part I of Schedule 1 there shall be substituted— 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 (Northern Ireland) 1993 ( S.R. 1993 No. 412 ) . 4 In the Control of Asbestos at Work Regulations (Northern Ireland) 1988 , in regulation 18(3)(a), and in paragraph 1(1)(a) of Schedule 2, for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” in each place there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 )”. 5 In the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1990 in regulation 2(1), for sub-paragraph (a) of the definition of “substances hazardous to health” there shall be substituted— 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 (Northern Ireland) 1993 ( S.R. 1993 No. 412 ) 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; . 6 The Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 shall be amended in accordance with Schedule 9. 7 The Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992 shall be amended as follows— a in regulation 2(1)— i for the definition of “the 1985 Regulations” there shall be substituted— “the 1993 Regulations” means the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 ); , ii in the definition of “classification” for the words “regulation 6 of the 1985 Regulations” there shall be substituted the words “regulation 7 of the 1993 Regulations”, and iii in the definition of “dangerous substance” for the words “which is dangerous for conveyance within the meaning of the 1985 Regulations,” there shall be substituted the words “dangerous for carriage within the meaning of the 1993 Regulations,”; and b in paragraph 1(6) of Schedule 1 for “the 1985 Regulations” there shall be substituted “the 1993 Regulations” and for the word “conveyed” there shall be substituted the word “carried”. 8 In the Road Traffic (Carriage of Explosives) Regulations (Northern Ireland) 1993 , in regulation 7(3), for the words “which is dangerous for conveyance (within the meaning of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985)” there shall be substituted the words “dangerous for carriage within the meaning of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 )”. 9 In the Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 1993 , in regulation 3 for the words “regulation 5 of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 ( S.R. 1985 No. 81 amended by S.R. 1988 No. 288 , S.R. 1989, No. 182 , S.R. 1990 No. 120 and S.R. 1990 No. 303 )” there shall be substituted the words “regulation 5 of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 )”. 10 In the packaging of Explosives for Carriage Regulations (Northern Ireland) 1993 , in regulation 2(1) in sub-paragraph (b) of the definition of “explosives” for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 ( S.R. 1993 No. 412 )”. 11 The enactments relating to the flash point of flammable liquids specified in Column 1 of Schedule 10 shall be amended to the extent set out in Column 2 of that Schedule. Amendments to the Road Traffic Regulations 21 1 The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations (Northern Ireland) 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 (Northern Ireland) 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 (Northern Ireland) 1992 shall be amended in accordance with Part III of Schedule 11. Revocations 22 Subject to regulation 23, the following Regulations are hereby revoked— a the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 ; b the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations (Northern Ireland) 1988 ; c the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations (Northern Ireland) 1989 ; d the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations (Northern Ireland) 1990 ; e the Classification, Packaging and Labelling of Dangerous Substances (Amendment No. 2) Regulations (Northern Ireland) 1990 . Transitional provisions 23 1 Until 1st December 1994, it shall be 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 (Northern Ireland) 1985 as in operation immediately before the coming into operation of these Regulations. 2 Between 1st December 1994 and 1st June 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 December 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 (Northern Ireland) 1985 as in operation immediately before the coming into operation of these Regulations. 3 Regulation 17 (Notification of information to the poisons advisory centre in relation to certain preparations dangerous for supply) shall not apply until the date on which the Department of Health and Social Services for Northern Ireland 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 a preparation which is required to have the indication of danger harmful or irritant, one year after that date; or c in either case, before such later date as the Department may approve. Sealed with the Official Seal of the Department of the Economic Development on Philip B. Strong Assistant Secretary 11th October 1993