The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008

• Citation: S.I. 2008/2337
• Sections: 23

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 and shall come into force on 1 st October 2008.

(2) In these Regulations, “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 .

Section 2 Amendments to regulation 2 of the principal Regulations

In regulation 2(1) of the principal Regulations—

(a) for the definition of “the approved classification and labelling guide” substitute—

“the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16 th April 2002 ,as revised or re-issued from time to time,

(b) for the definition of “the approved supply list” substitute—

“the approved supply list” means the document entitled “Information approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26 July 2005 , as revised or re-issued from time to time,

Section 3 Amendments to regulations 8A and 9 of the principal Regulations

(1) In regulation 8A(4) of the principal Regulations after the words “this regulation” add the words “and regulation 9(2)”.

(2) In regulation 9(2) of the principal Regulations—

(a) For the words “regulations 8 and 8A” substitute the words “paragraph (2A)”; and

(b) After paragraph (2) add—

(2A) Where a package would be required to be labelled and marked in accordance with any of the national or international transport rules listed in regulation 8A(4) and the package consists of one or more receptacles in outer packagings, it shall be sufficient compliance with paragraph (2) if the package shows the labels and markings required by whichever of the national or international rules is appropriate.

Section 4 Amendments to Schedule 3 of the principal Regulations

Schedule 3 to the principal Regulations shall be amended in accordance with the following paragraphs—

(a) in Part I omit paragraph 19(2);

(b) in Part II Tables II and IIA omit in both footnotes marked with a dagger the words “carcinogenic or”;

(c) for Part II Table VI substitute the Table VI contained in Schedule 1 to these Regulations;

(d) for Part II Table VIA substitute the Table VIA contained in Schedule 1 to these Regulations;

(e) for Part III Tables 1 and 2 substitute Tables 1a, 1b and 2 contained in Schedule 2 to these Regulations; and

(f) for Part III Table 5 substitute the Table contained in Schedule 3 to these Regulations.

Section 5 Amendments to Schedule 5 of the principal Regulations

For Schedule 5 Part II of the principal Regulations substitute the Part II contained in Schedule 4 to these Regulations.

Section 6 Amendments to the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005

In the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005 omit regulation 2(2)(b), (4), (5) and (6).

Section 7 Amendments to the Control of Major Accident Hazards Regulations 1999

For regulation 20(6) of the Control of Major Accident Hazards Regulations 1999 substitute the following paragraph—

(6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998, the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below.

(7) The responsibility, for the purposes of the 1974 Act, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the local authority, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(a) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(b) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or

(c) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(8) A transfer may be made only by agreement between the Executive and the local authority.

(9) Where a transfer has been made, the local authority shall cause notice of the transfer to be given to persons affected by it.

Section 1 Dangerous preparations to be supplied to the general public

(1) The label on the packaging of dangerous preparations intended to be supplied to the general public must in addition to the relevant safety advice bear the relevant safety phrase S1, S2, S45 or S46 in accordance with the approved classification and labelling guide.

(2) When the dangerous preparations referred to in sub-paragraph (1) are classified as very toxic, toxic or corrosive and where it is physically impossible to give the information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

Section 1 Paints and varnishes containing lead

(1) The label on the packaging of paints and varnishes containing lead in quantities exceeding 0.15% (expressed as weight of lead out of the total weight of the preparation and determined in accordance with ISO Standard 6503/1984) shall bear the following inscription–

Contains lead. Should not be used on surfaces that are liable to be chewed or sucked by children.

(2) In the case of packages containing less than 125 millilitres of the preparations referred to in sub-paragraph (1), the inscription on the label may be–

Warning! Contains lead.

Section 2 Dangerous preparations intended for use by spraying

The label on the packaging containing dangerous preparations intended to be used for spraying shall bear the safety phrase S23 and safety phrase S38 or S51 assigned in accordance with the approved classification and labelling guide.

Section 2 Cyanoacrylate based adhesives

(1) The label on the immediate packaging of glues based on cyanoacrylates shall bear the following inscription–

Cyanoacrylate.

Danger.

Bonds skin and eyes in seconds.

Keep out of the reach of children.

(2) Appropriate safety advice shall accompany the package.

Section 3 Dangerous preparations containing a substance affected by the risk phrase R33 (danger of cumulative effects)

When a dangerous preparation contains at least one substance required to show the risk phrase R33, that phrase must be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in the approved supply list.

Section 3 Preparations containing isocyanates

The label on the packaging of preparations containing isocyanates (whether as monomers, oligomers, prepolymers etc. or as mixtures thereof) shall bear the following inscriptions–

Contains isocyanates.

See information supplied by the manufacturer.

Section 4 Dangerous preparations containing a substance affected by the risk phrase R64 (may cause harm to breast-fed babies)

When a dangerous preparation contains at least one substance required to show the risk phrase R64, that phrase must be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in the approved supply list.

Section 4 Certain preparations containing epoxy constituents

The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤700 shall bear the following inscription–

Contains epoxy constituents.

See information supplied by the manufacturer.

Section 5 Preparations intended to be sold to the general public that contain active chlorine

The label on the packaging of preparations containing more than 1% of active chlorine which are intended to be sold to the general public shall bear the following inscription–

Warning! Do not use together with other products. May release dangerous gases (chlorine).

Section 6 Preparations containing cadmium (alloys) intended to be used for brazing or soldering

The label on the packaging of preparations containing cadmium (alloys) intended to be used for brazing or soldering shall bear the following inscriptions–

Warning! Contains cadmium.

Dangerous fumes are formed during use.

See information supplied by the manufacturer.

Comply with the safety instructions.

Section 7 Preparations containing substances not yet tested completely

Where a preparation contains at least one substance which, in accordance with regulation 6(7) of the Notification of New Substances Regulations 1993 , bears the inscription “Caution – substance not yet fully tested”, the label on the packaging of the preparation must bear the inscription “Warning – this preparation contains a substance not yet tested completely” if that substance is present in a concentration ≥1%.

Section 8 Preparations not classified as sensitising but containing at least one sensitising substance

The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration ≥0.1% or in a concentration greater than or equal to that specified under a specific note for the substance in the approved supply list must bear the inscription–

Contains (name of sensitising substance). May produce an allergic reaction.

Section 9 Liquid preparations containing halogenated hydrocarbons

For liquid preparations which show no flashpoint or a flashpoint higher than 55°C and contain a halogenated hydrocarbon and more than 5% flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate–

Can become highly flammable in use.

Can become flammable in use.

Section 10 Preparations containing a substance assigned the risk phrase R67

When a preparation contains one or more substances assigned the risk phrase R67, the label on the packaging of the preparation must bear the following inscription–

Vapours may cause drowsiness and dizziness

when the total concentration of such substances present in the preparation is ≥15%, unless:

the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26, or

the preparation is in a package not exceeding 125 ml.

Section 11 Cement and cement preparations

(1) The label on the packaging of any cement or cement preparation which would contain, when hydrated, more than 0.0002% soluble chromium ( VI ) of the total dry weight of the cement but for the use of reducing agents shall be marked with information on the packing date, and on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to preventing the content of soluble chromium (VI) from exceeding 0.0002% of the total dry weight of the cement, unless it is supplied or used for controlled, closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.

(2) The label on the packaging of any cement or cement preparation containing more than 0.0002% soluble chromium (VI) of the total dry weight of the cement shall bear the inscription:

Contains chromium (VI). May produce an allergic reaction.

unless the preparation is already classified and labelled as a sensitiser with phrase R43.

Section 12 Preparations not intended for the general public

The label on the packaging of a preparation of the type specified in regulation 5(3) must bear the following inscription—

Safety data sheet available for professional user on request.