The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988

• Citation: S.I. 1988/766
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1988 and shall come into force on 27th May 1988.

(2) In these Regulations—

“the approved list” means the list described in regulation 4 of the principal Regulations ;

“the principal Regulations” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 .

Section 2 Amendments to the principal Regulations

(1) Paragraphs (1) and (2) of regulation 16 of the principal Regulations are hereby revoked.

(2) The principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.

(3) Regulation 4 of the principal Regulations as it will have effect after the coming into force of paragraph (2) of this regulation is set out in Schedule 2 to these Regulations.

Section 3 Transitional provision

(1) Subject to the following paragraphs of this regulation, where the Health and Safety Commission has approved a revision to the approved list to which this paragraph relates, that revision shall not come into effect for the purposes of the principal Regulations until 27th November 1988 but until that date a supplier or consignor may classify and label a substance to which the revision relates in accordance with that revision.

(2) Paragraph (1) of this regulation shall relate to the revisions to the approved list introduced by the document approved by the Health and Safety Commission on 9th February 1988 entitled “Information approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)” and there set out in Part VII.

(3) Until 27th May 1989 in any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove—

(a) that if the substance had been supplied or, as the case may be, had been conveyed by road before 27th May 1988 no offence would have been committed;

(b) that the substance was packaged and labelled before 27th May 1988 and had not been removed from the receptacle or the package, as the case may be, after that date; and

(c) that it was not reasonably practicable either—

(i) to relabel or repackage the substance before it was supplied, or conveyed by road, or

(ii) to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.

Section 1A

The words shown within the hazard warning sign may be omitted but in such a case those words shall be shown on the package or label adjacent to the sign.

Section 23 Special provisions relating to risk phrases

Where a substance is specified as a carcinogen, mutagen or teratogen by the use of the risk phrase R45, R46 or R47 respectively in Part 1A of the approved list and following the name of the substance reference is made to this paragraph by the note “(see schedule 6.23)”, those risk phrases, or any of them, shall precede any risk phrase numbered 20 to 28 or any combination of those phrases and in such a case the risk phrases numbered 20 to 28 or combinations of them shall be preceded by the word “also”.

Section 4 Meaning of approved list

In these Regulations, “approved list” means the list approved by the Health and Safety Commission on 9 February 1988 entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)” which contains—

(a) in Part IA—

(i) a list of those substances dangerous for supply for which the Commission has approved an indication of general nature of risk, classification and certain risk and safety phrases, and

(ii) a list of those substances dangerous for conveyance by road for which the Coimmission has approved a substance identification number and a classification and in certain cases a packing group number and an indcation of subsidiary risk;

(b) in Part IB, a list of those groups of substances dangerous for conveyance by road not specified in Part IA as dangerous for conveyance by road for which the Commission has approved a substance identification number and in certain cases a packing group number and an indication of subsidiary risk;

(c) in Part IC, a list of those articles to which, by virtue of regulation 3(5), these Regulations relate as they relate to the conveyance by road of dangerous substances and for which the Commission has approved a substance identification number and a classification;those articles to which, by virtue of regulation 3(5), these Regulations relate as they relate to the conveyance by road of dangerous substances and for which the Commission has approved a substance identification number and a classification;

(d) in Part II a list of substances dangerous for supply for which the Commission has approved the classification for the purposes of Schedule 4 (classification of solvents);

(e) in Part III a list of substances dangerous for supply for which the Commission has approved the classification for the purposes of Schedule 5 (classification of paints, varnishes, printing inks, adhesives and similar products);

(f) in Part IV a list of the risk phrases which the Commission has approved for use with dangerous substances;

(g) in Part V a list of the safety phrases which the Commission has approved for use with dangerous substances;

(h) in Part VI a list of substances dangerous for supply for which the Commission has approved a conventional LD50 value for the purpose of Schedule 3 (classification of pesticides); and

(i) in Part VII a list of the changes made to the previous edition of the approved list (as revised),

together with such notes and explanatory material as are requisite for the use of the list.