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The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

S.R. 2009/238 · Made 18 June 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 June 2018.

HEALTH AND SAFETY

Made 18th June 2009

Coming into operation 27th July 2009

The Department of Enterprise, Trade and Investmentf1, being the Department concernedf2 makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f3 (“the 1972 Act”) and Articles 17(1), (2), (3), (4) and (6)f4 and 55(2) of, and paragraphs 1(1), (4) and (5), 2(2), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978f5.

The Department was designatedf6 for the purpose of section 2(2) of the 1972 Act in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)f7 of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)f8.

The Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department that it is expedient for references in these Regulations to:

  1. (i)

    the Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixturesf9, amending and repealing Directives 67/548/EECf10 and 1999/45/ECf11, and amending Regulation (EC) No. 1907/2006f12 be construed as including references to Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII of that Regulation as amended from time to time; and

  2. (ii)

    F1Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are as amended from time to time

Annotations to the whole text

Textual amendments

F1

Words in Preamble para. (ii) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(1), 23, Sch. 3 para. 1 (with regs. 3, 19)

Footnotes

f1

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3

f2

See Article 2(2) of S.I. 1978/1039 (N.I. 9)

f3

1972 c. 68; the definition of “the Treaties” referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)

f4

Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

f5

S.I. 1978/1039 (N.I. 9), section 1(1)(c) was modified by the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003, S.R. 2003 No. 52. The general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 2, paragraph 19

f6

S.I. 1976/897 and S.I. 1993/2661

f7

Article 13(1A) was inserted by S.I. 1998/2795 (N.I. 18), Article 4

f8

Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)

f9

O.J. No. L353, 31.12.2008, p.1

f10

O.J. No. L196, 16.8.67, p.1

f11

O.J. No. L200, 30.7.99, p.1

f12

O.J. No. L396, 30.12.2006, p.1

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation Repealed
  4. 3Application Repealed
  5. Part 2: GENERAL REQUIREMENTS
  6. 4Classification of dangerous substances and dangerous preparations Repealed
  7. 5Safety data sheets for substances and preparations Repealed
  8. 5AAdvertisements for dangerous preparations Repealed
  9. 6Packaging of dangerous substances, dangerous preparations and certain specified preparations Repealed
  10. 7Labelling of dangerous substances and dangerous preparations Repealed
  11. 8Labelling of single receptacles and receptacles in outer packagings Repealed
  12. 9Particular labelling requirements for certain preparations Repealed
  13. 10Methods of marking or labelling packages Repealed
  14. 11Child resistant fastenings, tactile warning devices and other consumer protection measures Repealed
  15. 12Retention of data for dangerous preparations Repealed
  16. 13Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations Repealed
  17. Part 3: MISCELLANEOUS
  18. 14Enforcement
  19. 15Defence
  20. 16Application within the territorial sea
  21. 17Revocations and amendments
  22. 18Revocations and amendments
  23. Signature
  24. Schedule 1: CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS
  25. CATEGORIES OF DANGER
  26. Schedule 2INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS
  27. Schedule 3: PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS
  28. Part I: GENERAL PROVISIONS
  29. 1Application
  30. 2Interpretation and application
  31. 3Classification of preparations by physico-chemical properties
  32. 4Classification of preparations by health effects
  33. 5Use of concentration limits in classification for health effects by the conventional method
  34. 6Lower limits of concentration
  35. 7Classification by the conventional method as very toxic
  36. 8Classification by the conventional method as toxic
  37. 9Classification by the conventional method as harmful
  38. 10Classification by the conventional method as corrosive
  39. 11Classification by the conventional method as irritant
  40. 12Classification by the conventional method as sensitising
  41. 13Classification by the conventional method as carcinogenic
  42. 14Classification by the conventional method as mutagenic
  43. 15Classification by the conventional method as toxic for reproduction
  44. 16Classification of preparations for environmental hazards
  45. 17Use of concentration limits in classification for environmental effects
  46. 18Conventional method for the evaluation of hazards to the aquatic environment
  47. 19Conventional method for the evaluation of hazards to the ozone layer
  48. IICONCENTRATION LIMITS TO BE USED IN THE EVALUATION OF HEALTH HAZARDS
  49. 1Paragraph 1
  50. 2Paragraph 2
  51. 3Paragraph 3
  52. 4Paragraph 4
  53. 5Paragraph 5
  54. 6Paragraph 6
  55. 1Acute lethal effects Repealed
  56. 1.1Other than gaseous preparations
  57. 1.2Gaseous preparations
  58. 2Non-lethal irreversible effects after a single exposure Repealed
  59. 2.1Other than gaseous preparations
  60. 2.2Gaseous preparations
  61. 3Severe effects after repeated or prolonged exposure Repealed
  62. 3.1Other than gaseous preparations
  63. 3.2Gaseous preparations
  64. 4Corrosive and irritant effects including serious damage to eye Repealed
  65. 4.1Other than gaseous preparations
  66. 4.2Gaseous preparations
  67. 5Sensitising effects Repealed
  68. 5.1Other than gaseous preparations
  69. 5.2Gaseous preparations
  70. 6Carcinogenic/mutagenic/toxic effects for reproduction Repealed
  71. 6.1Other than gaseous preparations
  72. 6.2Gaseous preparations
  73. Part III: CONCENTRATION LIMITS TO BE USED FOR THE EVALUATION OF ENVIRONMENT HAZARDS
  74. 1The aquatic environment
  75. 2The non-aquatic environment
  76. Schedule 4: LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS
  77. Part I: GENERAL PROVISIONS RELATING TO LABELS
  78. 1Labelling particulars for dangerous substances
  79. 2Labelling particulars for dangerous preparations
  80. 3Confidentiality of chemical names
  81. 4Indications of danger and symbols for dangerous substances and dangerous preparations
  82. Part II: PARTICULAR PROVISIONS CONCERNING CERTAIN PREPARATIONS
  83. Chapter A: SPECIAL PROVISIONS FOR DANGEROUS PREPARATIONS
  84. 1Dangerous preparations to be supplied to the general public
  85. 2Dangerous preparations intended for use by spraying
  86. 3Dangerous preparations containing a substance affected by the risk phrase R33 (danger of cumulative effects)
  87. 4Dangerous preparations containing a substance affected by the risk phrase R64 (may cause harm to breast-fed babies)
  88. Chapter B: SPECIAL PROVISIONS APPLYING TO ANY PREPARATION
  89. 1Paints and varnishes containing lead
  90. 2Cyanoacrylate based adhesives
  91. 3Preparations containing isocyanates
  92. 4Certain preparations containing epoxy constituents
  93. 5Preparations intended to be sold to the general public that contain active chlorine
  94. 6Preparations containing cadmium (alloys) intended to be used for brazing or soldering
  95. 7Preparations not classified as sensitising but containing at least one sensitising substance
  96. 8Liquid preparations containing halogenated hydrocarbons
  97. 9Preparations containing a substance assigned the risk phrase R67
  98. 10Cement and cement preparations
  99. Chapter C: SPECIAL PROVISIONS APPLYING TO CERTAIN OTHER PREPARATIONS
  100. 1Preparations not intended for the general public
  101. Schedule 5BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES
  102. Schedule 6: PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA
  103. 1Interpretation
  104. 2Offshore installations
  105. 3Wells
  106. 4Pipelines
  107. 5Mines
  108. 6Other activities
  109. Schedule 7AMENDMENTS
  110. Schedule 8: REVOCATIONS
  111. IREVOCATIONS TO STATUTORY RULES OF NORTHERN IRELAND
  112. IIREVOCATIONS TO STATUTORY INSTRUMENTS THAT EXTEND TO NORTHERN IRELAND
  113. Explanatory note