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

S.I. 2009/716 · Made 16 March 2009 · Extends to England, Wales and Scotland

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

HEALTH AND SAFETY

Made 16th March 2009

Laid before Parliament 16th March 2009

Coming into force 6th April 2009

The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations M2, and for measures relating to consumer protection M3.

The Secretary of State makes these Regulations:

  1. (a)

    in exercise of the powers conferred upon him by section 2(2) of the 1972 Act and by sections 15(1), (2), (3)(c), (4)(b), (6)(b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1)(b) and (c), (4) and (5), 2(1), 3(2), 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 M4 (“the 1974 Act”); and

  2. (b)

    for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) M5 of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State 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 M6 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC M7 and 1999/45/EC M8, and amending Regulation (EC) No 1907/2006 M9, 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-paragraph and Annexes I to VII of that Regulation as amended from time to time; and

  2. (ii)

    the 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 substituted (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(4), Sch. 4 para. 1 (with regs. 3(4)(5), 31)

Marginal citations

M1

1972 c. 68. The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46).

M2

S.I. 1976/897.

M3

S.I. 1993/2661.

M4

1974 c. 37, as amended by S.I. 2008/960. Section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Dangerous Substances) Regulations 2002, S.I. 2002/282. There are other amending instruments but none is relevant.

M5

Section 11(3) is substituted by S.I. 2008/960.

M6

OJ No L353, 31.12.08, p. 1.

M7

OJ No L196, 16.8.67, p. 1.

M8

OJ No L 200, 30.7.99, p. 1.

M9

OJ No L 396, 30.12.06, p. 1.

Contents

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