Document ID: chunk:federal_register_of_legislation:F2016L00413:reg:5:p2
Version: federal_register_of_legislation:F2016L00413
Segment Type: reg
Provision Reference: reg 5 (pt 2/23)
Character Range: 4482–7384

chemicals under the WHS Regulations.
While this Code applies to hazardous chemicals as defined, it is recommended practice to provide a label for any chemical that is suspected of producing adverse health, safety or environmental effects but has insufficient information generated to allow it to be correctly classified. The label should reflect current state of knowledge.
This Code provides practical guidance to persons conducting a business or undertaking involved
in the manufacture, import, supply or use of hazardous chemicals on how to correctly label hazardous chemicals used in the workplace.

How to use this Code of Practice
In providing guidance, the word 'should' is used in this Code to indicate a recommended course
of action, while 'may' is used to indicate an optional course of action.

This Code also includes various references to provisions of the WHS Act and Regulations which set out the legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that a legal requirement exists and must be complied with.

1. INTRODUCTION
This Code describes the type of information that is needed on labels for various hazardous chemicals so that users of these chemicals in workplaces can identify any hazards associated
with the correct classification of the chemical and take appropriate steps to eliminate or minimise the risks.

1.1 When is a label under the WHS Regulations not required?

In general, a label is required for any substance, mixture or article classified as a hazardous chemical under the WHS Regulations. However, there are several types of hazardous chemical that are excluded from the labelling provisions under Regulation 335 or exempted from coverage from all provisions in Part 7.1 of the WHS Regulations.
Dual use products
Some hazardous chemicals may be intended for supply to both the consumer household markets and workplaces in identical containers and packaging. These products are sometimes referred to as dual use products. A dual use product label need only comply with the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) labelling requirements. If the manufacturer or importer determines that the use handling and storage of the product are predominantly related
to a work activity, the label must meet WHS requirements.

Food and beverages
Food and beverage products that are packaged in a form intended for consumption do not require labelling under the WHS Regulations. However, large or bulk quantities must be labelled to meet workplace requirements. For example, a 1000 L container of flammable alcoholic spirits must be labelled to meet WHS requirements, while a 750 mL bottle of the same spirits does not.

Therapeutic goods
Therapeutic goods are regarded as correctly labelled under the WHS Regulations when labelled
in accordance with Therapeutic Goods Administration (TGA)