The Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) Regulations 1996

Made: 15th October 1996

Laid before Parliament: 16th October 1996

Coming into force: 11th November 1996

Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987[^f00001], consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations, such other persons as he considers appropriate and the Health and Safety Commission:

Now, therefore, the Secretary of State in exercise of powers conferred upon him by section 11 of the said Act of 1987 hereby makes the following Regulations:—

1

These Regulations may be cited as the Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) Regulations 1996 and shall come into force on 11th November 1996.

2

The Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994[^f00002] are amended as follows:—

• (a) by substituting the following for regulation 1(2)—

(2) In these Regulations— - “the approved supply list” shall have the same meaning as in regulation 2(1) of the CHIP Regulations; - “the CHIP Regulations” means in Great Britain the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994(b) and in Northern Ireland the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995(c); - “medicinal product” means— a medicinal product— which is a “relevant medicinal product” within the meaning of regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994(d), or in respect of which there is for the time being a clinical trial certificate as defined in section 31(3) of the Medicines Act 1968(e), or in respect of which there is for the time being an exemption conferred by article 3 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1995(f), or in respect of which there is for the time being a certificate of registration granted under regulation 5 of the Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994(g); or - an article or substance to which provisions of the Medicines Act 1968 apply by virtue of an order made under section 104 or 105 of that Act; - “motor fuel” has the same meaning as in regulation 3(1) of the Motor Fuel (Composition and Content) Regulations 1994(h); - “the prescribed concentration” of any substance means either— the concentration specified in the approved supply list; or where no concentration limit for that substance is specified in the approved supply list, the concentration specified in paragraph 6 (Table VI or Table VIA) of Part II of Schedule 3 to the CHIP Regulations; - “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply; and - “veterinary product” means— a medicinal product which is supplied in accordance with an animal test certificate within the meaning of section 32(2)(b) of the Medicines Act 1968(e), or a product supplied for administration in accordance with regulation 5(1)(c) of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994(i).”

SCHEDULE

Signed

John M. Taylor, — Parliamentary Under-Secretary of State for Corporate and Consumer Affairs, — 15th October 1996

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (S.I. 1994/2844) (“the principal Regulations”). They implement part of Council Directive 94/60/EC (O.J. No. L365, 31.12.1994, p.1), which amended for the fourteenth time Council Directive 76/769/EEC.

The Regulations amend the principal Regulations to prohibit the supply to the general public and the supply to any person for sale to the general public of certain carcenogenic and mutagenic substances, and certain substances toxic for reproduction, in specified concentrations. The supply of preparations containing such substances is also prohibited. The Regulations provide exceptions for medicinal and veterinary products, cosmetics, motor fuel mineral oil products intended for use as fuel in mobile or fixed combustion plants, fuels, sold in closed systems and artists' paints (regulation 2(b), (d) and (g) and the Schedule).

The Regulations also amend the principal Regulations to prohibit the supply to the general public and the supply to any person for sale to the general public of substances and preparations containing certain specified chlorinated solvents in concentrations equal to or greater than 0.1 per cent by mass. There are exceptions for medicinal and veterinary products and cosmetics (regulation 2(d)).

A Compliance Cost Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are also available from the Consumer Affairs and Competition Policy Directorate of the Department of Trade and Industry, Room 4.D.2, 1 Victoria Street, London SW1H 0ET.

Footnotes

[^f00001]: 1987 c. 43.

[^f00002]: S.I. 1994/2844.