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

Type Statutory-Instrument
Publication 2009-03-16
Last updated 2018-06-01
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

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 (“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 Secretary of State makes these Regulations: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 (“the 1974 Act”); andfor the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) 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—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 mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC , and amending Regulation (EC) No 1907/2006 , 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; andthe Regulation (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.

The Secretary of State makes these Regulations:

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 (“the 1974 Act”); and

for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) 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—

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 mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC , and amending Regulation (EC) No 1907/2006 , 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

the Regulation (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.

PART 1 — INTRODUCTION

Citation, commencement and extent

1
  • (1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 and shall come into force on 6th April 2009.
  • (2) These Regulations shall not extend to Northern Ireland.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — GENERAL REQUIREMENTS

Classification of dangerous substances and dangerous preparations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safety data sheets for substances and preparations

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Packaging of dangerous substances, dangerous preparations and certain specified preparations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Labelling of dangerous substances and dangerous preparations

7

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Labelling of single receptacles and receptacles in outer packagings

8

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Particular labelling requirements for certain preparations

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Methods of marking or labelling packages

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child resistant fastenings, tactile warning devices and other consumer protection measures

11

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Retention of data for dangerous preparations

12

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Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations

13

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PART 3 — MISCELLANEOUS

Enforcement

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defence

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension outside Great Britain

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and amendments

17

The Regulations specified in the Table in Schedule 6 are amended in accordance with the provisions of that Table.

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

Column 1 Column 2 Column 3
Category of danger Property (See Note 1) Symbol-letter
Notes As further described in the approved classification and labelling guide. The categories are specified in the approved classification and labelling guide. In certain cases specified in Table 3.2 of part 3 of Annex VI of the CLP Regulation and in the approved classification and labelling guide substances and preparations classified as dangerous for the environment do not require to be labelled with the symbol and indication of danger. Notes As further described in the approved classification and labelling guide. The categories are specified in the approved classification and labelling guide. In certain cases specified in Table 3.2 of part 3 of Annex VI of the CLP Regulation and in the approved classification and labelling guide substances and preparations classified as dangerous for the environment do not require to be labelled with the symbol and indication of danger. Notes As further described in the approved classification and labelling guide. The categories are specified in the approved classification and labelling guide. In certain cases specified in Table 3.2 of part 3 of Annex VI of the CLP Regulation and in the approved classification and labelling guide substances and preparations classified as dangerous for the environment do not require to be labelled with the symbol and indication of danger.
PHYSICO-CHEMICAL PROPERTIES PHYSICO-CHEMICAL PROPERTIES PHYSICO-CHEMICAL PROPERTIES
Explosive Solid, liquid, pasty or gelatinous substances and preparations which may react exothermically without atmospheric oxygen thereby quickly evolving gases, and which under defined test conditions detonate, quickly deflagrate or upon heating explode when partially confined. E
Oxidising Substances and preparations which give rise to a highly exothermic reaction in contact with other substances, particularly flammable substances. O
Extremely flammable Liquid substances and preparations having an extremely low flash point and a low boiling point and gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure. F+
Highly flammable The following substances and preparations, namely— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, liquid substances and preparations having a very low flash point, or substances and preparations which, in contact with water or damp air, evolve extremely flammable gases in dangerous quantities. F
Flammable Liquid substances and preparations having a low flash point. none
HEALTH EFFECTS HEALTH EFFECTS HEALTH EFFECTS
Very toxic Substances and preparations which in very low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin. T+
Toxic Substances and preparations which in low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin. T
Harmful Substances and preparations which may cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin. Xn
Corrosive Substances and preparations which may, on contact with living tissues, destroy them. C
Irritant Non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, may cause inflammation. Xi
Sensitising Substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction by hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced.
Sensitising by inhalation Xn
Sensitising by skin contact Xi
Carcinogenic (SeeNote 2) Substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
Category 1 T
Category 2 T
Category 3 Xn
Mutagenic (See Note 2) Substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce heritable genetic defects or increase their incidence.
Category 1 T
Category 2 T
Category 3 Xn
Toxic for reproduction (see Note 2) Substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may produce or increase the incidence of non-heritable adverse effects in the progeny and/or of male or female reproductive functions or capacity.
Category 1 T
Category 2 T
Category 3 Xn
ENVIRONMENTAL EFFECTS ENVIRONMENTAL EFFECTS ENVIRONMENTAL EFFECTS
Dangerous for the environment (SeeNote 3) Substances and preparations which, were they to enter into the environment, would present or might present an immediate or delayed danger for one or more components of the environment. N

SCHEDULE 2 — INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

Column 1 Column 2 Column 3
Indication of danger Symbol-letter Symbol
Explosive E [image omitted]
Oxidising O [image omitted]
Extremely flammable F+ [image omitted]
Highly flammable F [image omitted]
Very toxic T+ [image omitted]
Toxic T [image omitted]
Harmful Xn [image omitted]
Corrosive C [image omitted]
Irritant Xi [image omitted]
Dangerous for the environment N [image omitted]

SCHEDULE 3 — PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS

PART 1 — GENERAL PROVISIONS

Application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and application

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Classification of preparations by physico-chemical properties

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Classification of preparations by health effects

4

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Use of concentration limits in classification for health effects by the conventional method

5

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Lower limits of concentration

6

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Classification by the conventional method as very toxic

7

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Classification by the conventional method as toxic

8

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Classification by the conventional method as harmful

9

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Classification by the conventional method as corrosive

10

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Classification by the conventional method as irritant

11

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Classification by the conventional method as sensitising

12

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Classification by the conventional method as carcinogenic

13

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Classification by the conventional method as mutagenic

14

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Classification by the conventional method as toxic for reproduction

15

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Classification of preparations for environmental hazards

16

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Use of concentration limits in classification for environmental effects

17

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Conventional method for the evaluation of hazards to the aquatic environment

18

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Conventional method for the evaluation of hazards to the ozone layer

19

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PART II — CONCENTRATION LIMITS TO BE USED IN THE EVALUATION OF HEALTH HAZARDS

An assessment must be made of the health effects that the use of a substance or a preparation might entail. For that purpose the dangerous health effects have been subdivided into:

1. acute lethal effects;
2. non-lethal irreversible effects after a single exposure;
3. severe effects after repeated or prolonged exposure;
4. corrosive effects, irritant effects;
5. sensitising effects;
6. carcinogenic effects, mutagenic effects, toxic effects for reproduction.

The systematic assessment of the dangerous health effects is expressed by means of concentration limits, expressed as weight/weight percentage except for gaseous preparations (Tables A) where they are expressed as a volume/volume percentage and in conjunction with the classification of a substance.

The classification of the substance is expressed either by a symbol and one or more risk phrases or by categories (category 1, category 2 or category 3) also expressed by risk phrases when substances are shown to be carcinogenic, mutagenic or toxic for reproduction. Therefore it is important to consider, in addition to the symbol, all the phrases denoting specific risks which are assigned to each substance under consideration.

Acute lethal effects

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other than gaseous preparations

1.1

The concentration limits fixed in Table 1 determine the classification of the preparation in relation to the individual concentration of the substance(s) present whose classification is also shown.

Classificationof the substance Classification of the preparation Classification of the preparation Classification of the preparation
T+ T Xn
T+ with R26, R27, R28 concentration ≥ 7% 1% concentration < 7% 0.1% concentration < 1%
T with R23, R24, R25 Concentration ≥ 25% 3% ≤ concentration < 25%
Xn with R20, R21, R22 concentration ≥ 25%

Gaseous preparations

1.2

The concentration limits expressed as a volume/volume percentage in Table IA determine the classification of the gaseous preparations in relation to the individual concentrations of the gas(es) present whose classification is also shown.

Classificationof the substance (gas) Classification of the preparation Classification of the preparation Classification of the preparation
T+ T Xn
T+ with R26, R27, R28 concentration ≥ 1% 0.2% ≤ concentration <1% 0.02% ≤ concentration<0.2%
T with R23, R24, R25 concentration ≥ 5% 0.5% ≤ concentration <5%
Xₙ with R20, R21, R22 concentration ≥ 5%

Non-lethal irreversible effects after a single exposure

2

Other than gaseous preparations

2.1

For substances that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, R68/route of exposure), the individual concentration limits specified in Table II determine, when appropriate, the classification of the preparation.

Classificationof the substance Classification of the preparation Classification of the preparation Classification of the preparation
T+ T Xn
T+ with R39/route of exposure concentration ≥ 10% R39 (*) obligatory 1% ≤ concentration <10% R39(*) obligatory 0.1% ≤ concentration <1% R68(*) (†) obligatory
T with R39/ route of exposure concentration ≥ 10% R39(*) obligatory 1% ≤ concentration <10% R68(*) (†) obligatory
Xₙ with R68/route of exposure concentration ≥ 10% R68(*)(†) obligatory

Gaseous preparations

2.2

For gases that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, R68/route of exposure), the individual concentration limits specified in Table IIA, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

Classificationof the substance (gas) Classification of the preparation Classification of the preparation Classification of the preparation
T+ T Xn
T+ withR39/route ofexposure concentration ≥ 1% R39(*) obligatory 0.2% ≤ concentration <1% R39(*) obligatory 0.02% ≤ concentration<0.2% R68(*)(†) obligatory
T with R39/route of exposure concentration ≥ 5% R39(*) obligatory 0.5% ≤ concentration <5% R68(*)(†) obligatory
Xₙ with R68/route ofexposure concentration ≥ 5% R68 (*)(†) obligatory

Severe effects after repeated or prolonged exposure

3

Other than gaseous preparations

3.1

For substances that produce severe effects after repeated exposure (R48/route of exposure), the individual concentration limits specified in Table III determine, when appropriate, the classification of the preparation.

Classificationof the substance Classification of the preparation Classification of the preparation
T+ Xn
T with R48/ route of exposure concentration ≥ 10% R48(*) obligatory 1% ≤ concentration <10% R48(*) obligatory
Xₙ with R48/route of exposure concentration ≥ 10% R48(*) obligatory

Gaseous preparations

3.2

For gases that produce severe effects after repeated or prolonged exposure (R48/route of exposure), the individual concentration limits specified in Table IIIA, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

Classificationof the substance (gas) Classification of the preparation Classification of the preparation
T+ Xn
T with R48/route of exposure concentration ≥ 5% R48(*) obligatory 0.5% ≤ concentration <5% R48(*) obligatory
Xn with R48/route of exposure concentration ≥ 5% R48(*) obligatory

Corrosive and irritant effects including serious damage to eye

4

Other than gaseous preparations

4.1

For substances that produce corrosive effects (R34, R35) or irritant effects (R36, R37, R38, R41), the individual concentration limits specified in Table IV determine, when appropriate, the classification of the preparation.

Classificationof the substance Classification of the preparation Classification of the preparation Classification of the preparation Classification of the preparation
C with R35 C with R34 Xi with R41 Xi withR36, R37, R38
C with R35 concentration ≥ 10% R35 obligatory 5% ≤ concentration <10% R34 obligatory 5%(*) 1% ≤ concentration <5% R36/38 obligatory
C with R34 Concentration≥ 10% R34 obligatory 10%(*) 5% ≤ concentration <10% R36/38 obligatory
Xi with R41 concentration ≥ 10% R41 obligatory 5% ≤ concentration<10% R36 obligatory
Xi withR36, R37, R38 concentration ≥ 20%R36, R37, R38 are obligatory in the light of the concentration present if they apply to the substances under consideration

Note

1

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Gaseous preparations

4.2

For gases that produce such effects (R34, R35 or R36, R37, R38, R41), the individual concentration limits specified in Table IVA, expressed as a volume/volume percentage determine, when appropriate the classification of the preparation.

Classificationof the substance (gas) Classification of the preparation Classification of the preparation Classification of the preparation Classification of the preparation
C with R35 C with R34 Xi with R41 Xi withR36, R37, R38
C with R35 Concentration≥ 1% R35 obligatory 0.2% ≤ concentration <1% R34 obligatory 0.2%(*) 0.02% ≤ concentration < 0.2% R36/37/38 obligatory
C with R34 Concentration ≥ 5% R34 obligatory 5%(*) 0.5% ≤ concentration < 5% R36/37/38 obligatory
Xi with R41 concentration ≥ 5% R41 obligatory 0.5% ≤ concentration <5% R36 obligatory
Xi withR36, R37, R38 concentration ≥ 5% R36, R37, R38 obligatory as appropriate

Note

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sensitising effects

5

Other than gaseous preparations

5.1

Preparations that produce such effects are classified as sensitising and assigned:

  • the symbol Xn and phrase R42 if this effect can be produced by inhalation,
  • the symbol Xi and phrase R43 if this effect can be produced through contact with the skin.

Gaseous preparations

5.2

Gases that produce such effects are classified as sensitising and assigned:

  • the symbol Xn and phrase R42 if this effect can be produced by inhalation,
  • the symbol Xi and phrase R43 if this effect can be produced by inhalation and through contact with the skin.

Carcinogenic/mutagenic/toxic effects for reproduction

6

Other than gaseous preparations

6.1

For substances which produce such effects and for which specific concentration limits do not yet appear in Table 3.2 of part 3 of Annex VI of the CLP Regulation, concentration limits laid down in Table VI shall determine, where appropriate, the classification of the preparation.

  • The following symbol and risk phrases are assigned:
  • Carcinogenic categories 1 and 2:T; R45 or R49Carcinogenic category 3:Xn; R40Mutagenic categories 1 and 2:T; R46Mutagenic category 3:Xn R68Toxic for reproduction fertility categories 1 and 2:T; R60Toxic for reproduction development categories 1 and 2:T; R61Toxic for reproduction fertility category 3:Xn; R62Toxic for reproduction development category 3:Xn; R63
  • Table VI Classification of the substanceClassification of the preparationCategories 1 and 2Category 3 Carcinogenic substancesof category 1 or 2 with R45 or R49 concentration ≥ 0.1%carcinogenic R45, R49 obligatory as appropriate Carcinogenic substancesof category 3 with R40 concentration ≥ 1%carcinogenic R40 obligatory (unless already assigned R45()) Mutagenic substances of category 1 or 2 with R46 concentration ≥ 0.1% mutagenic R46 obligatory Mutagenic substances of category 3 with R68() concentration ≥ 1%mutagenic R68() obligatory (unless already assigned R46) Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility) concentration ≥ 0.5%toxic for reproduction(fertility) R60 obligatory Substances “toxic for reproduction” of category 3 with R62 (fertility) concentration ≥ 5%toxic for reproduction(fertility) R62 obligatory (unless already assigned R60) Substances “toxic for reproduction” of category1 or 2 with R61 (development) concentration ≥ 0.5%toxic for reproduction (development) R61 obligatory Substances “toxic for reproduction” of category 3 with R63 (development) concentration ≥ 5%toxic for reproduction (development) R63 obligatory (unless already assigned R61*)
  • (*) In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
  • (**) R68 here refers to substances classified as mutagenic. Concentration limits for substances required to be labelled R68 but classified as harmful are given in Table II.

Gaseous preparations

6.2

For gases which produce such effects and for which specific concentration limits do not yet appear in Table 3.2 of part 3 of Annex VI of the CLP Regulation, concentration limits laid down in Table VIA, expressed as a volume/volume percentage, shall determine, where appropriate, the classification of the preparation.

  • The following symbol and risk phrases are assigned:
  • Carcinogenic categories 1 and 2:T; R45 or R49Carcinogenic category 3:Xn; R40Mutagenic categories 1 and 2:T; R46Mutagenic category 3:Xn; R68Toxic for reproduction fertility categories 1 and 2:T; R60Toxic for reproduction development categories 1 and 2:T; R61Toxic for reproduction fertility category 3:Xn; R62Toxic for reproduction development category 3:Xn; R63
  • Table VIA Classification of the substance (gas)Classification of the preparationCategories 1 and 2Category 3 Carcinogenic substances ofcategory 1 or 2 with R45 or R49concentration ≥ 0.1%carcinogenic R45, R49 obligatory asappropriateCarcinogenic substances ofcategory 3 with R40 concentration ≥ 1%carcinogenic R40 obligatory (unless already assigned R45()) Mutagenic substances ofcategory 1 or 2 with R46 concentration ≥ 0.1% mutagenic R46 obligatory Mutagenic substances ofcategory 3 with R68() concentration ≥ 1%mutagenic R68() obligatory (unless already assigned R46) Substances “toxic forreproduction” of category 1 or 2 with R60 (fertility) concentration ≥ 0.2%toxic for reproduction (fertility) R60 obligatory Substances “toxic forreproduction” of category 3 with R62 (fertility) concentration ≥ 1%toxic for reproduction(fertility) R62 obligatory (unless already assigned R60) Substances “toxic forreproduction” of category 1 or 2 with R61 (development) concentration ≥ 0.2%toxic for reproduction(development) R61 obligatory Substances “toxic forreproduction” of category 3 with R63 (development) concentration ≥ 1% toxic for reproduction (development) R63 obligatory (unless already assigned R61*)
  • (*) In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
  • (**) R68 here refers to substances classified as mutagenic. Concentration limits for substances required to be labelled R68 but classified as harmful are given in Table IIA.

PART III — Concentration limits to be used for the evaluation of Environment Hazards

The aquatic environment

1

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The non-aquatic environment

2

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SCHEDULE 4 — LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

PART 1 — GENERAL PROVISIONS RELATING TO LABELS

Labelling particulars for dangerous substances

1

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Labelling particulars for dangerous preparations

2

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Confidentiality of chemical names

3

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Indications of danger and symbols for dangerous substances and dangerous preparations

4

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PART II — PARTICULAR PROVISIONS CONCERNING CERTAIN PREPARATIONS

A — SPECIAL PROVISIONS APPLYING TO DANGEROUS PREPARATIONS

Dangerous preparations to be supplied to the general public

1

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Dangerous preparations intended for use by spraying

2

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

3

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

4

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B — SPECIAL PROVISIONS APPLYING TO ANY PREPARATION

Paints and varnishes containing lead

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cyanoacrylate based adhesives

2

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Preparations containing isocyanates

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain preparations containing epoxy constituents

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

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Liquid preparations containing halogenated hydrocarbons

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparations containing a substance assigned the risk phrase R67

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cement and cement preparations

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C — SPECIAL PROVISIONS APPLYING TO CERTAIN OTHER PREPARATIONS

Preparations not intended for the general public

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

The British Standards and International Standards referred to in regulation 11 are as follows—

  • “BS EN 28317” means the British Standard Specification for packagings resistant to opening by children, BS EN 28317: 1993 which was published by the British Standards Institution and came into effect on 15 February 1993;
  • “ISO 8317” means the International Standard ISO 8317 (1 July 1989 edition) relating to “Child-resistant packagings—Requirements for the testing of reclosable packages” adopted by the International Standards Organisation;
  • “BS 6652” means the British Standard Specification for packagings resistant to opening by children, BS 6652: 1989 which was published by the British Standards Institution and came into effect on 30 June 1989;
  • “EN 862” means the CEN standard EN 862 (March 1997 edition) relating to “Packaging—Child-resistant packaging—Requirements and testing procedures for non-reclosable packages for non-pharmaceutical products” adopted by the European Committee for Standardisation;
  • “EN ISO 11683” means the EN ISO Standard 11683 (1997 Edition) relating to “Packaging—Tactile warnings of danger—Requirements.”;
  • “BS 7501” means the British Standard on the general criteria for the operation of testing laboratories BS 7501: 1989 which was published by the British Standards Institution and came into effect on 31 October 1989;
  • “EN 45 000” means the European Standards Series 45 000 which sets out the general criteria which laboratories must adhere to in order to obtain accreditation for the certification of child resistant fastenings.

SCHEDULE 6 — AMENDMENTS

Regulations to be amended Regulations and Schedules to be amended Amendments to be made
The Pipelines Safety Regulations 1996[^f00046] Paragraph 10 of Schedule 2 For “regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;” substitute “regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
The Health and Safety (Enforcing Authority) Regulations 1998[^f00047] Regulation 2(1) After the definition of ““construction work” and “contractor”” insert— “dangerous preparation” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009; “dangerous substance” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;. Omit the definition of “preparation dangerous for supply”. Omit the definition of “substance dangerous for supply”.
Paragraph 1(b) of Schedule 1 For “substance or preparation dangerous for supply” substitute “dangerous substance or dangerous preparation”.
The Biocidal Products Regulations 2001[^f00048] Regulation 2(1) For the definition of “the 2002 Regulations” substitute ““the 2009 Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”. Omit the definition of “approved supply list”. In the definition of “classified” for “the 2002 Regulations” substitute “the 2009 Regulations”. After the definition of “classified” add the definition “The CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;
Regulation 2(7)(a) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(b) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(c)(i) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(d)(i) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Paragraph 13 of Schedule 4 For “the 2002 Regulations,” substitute “the 2009 Regulations,” and for “regulation 6 of those Regulations.” substitute “Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
Paragraph 6(a) of Schedule 6 For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Paragraph 6(b) of Schedule 6 For “the 2002 Regulations” substitute “the 2009 Regulations;”.
Paragraph 4 of Schedule 7 For “the 2002 Regulations” substitute “the 2009 Regulations”.
The Control of Lead at Work Regulations 2002[^f00049] Regulation 2(1) In the definition of “safety data sheet” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
The Control of Substances Hazardous to Health Regulations 2002[^f00050] Regulation 2(1) In the definition of “the CHIP Regulations” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
Omit the definition of “the approved supply list”.
After the definition of “the CHIP Regulations” add the definition ““The CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;”.
In the definition of “safety data sheet” for “regulation 5 of the CHIP Regulations;” substitute “Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
In the definition of “substances hazardous to health” for “Part I of the approved supply list as dangerous for supply within the meaning of the CHIP Regulations” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
The Dangerous Substances and Explosive Atmospheres Regulations 2002[^f00051] Regulation 2 In the definition of “the CHIP Regulations” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
In the definition of “safety data sheet” for “regulation 5 of the CHIP Regulations;” substitute “Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
The Control of Asbestos Regulations 2006[^f00052] Schedule 2, paragraph 1(1)(a) For “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009”.
The REACH Enforcement Regulations 2008[^f00053] Part 1 of Schedule 3, paragraph 1, sub-paragraph (p)(i) For “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.

SCHEDULE 7 — REVOCATIONS

Regulations revoked References Extent of Revocation
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 S.I. 2002/1689 The whole Regulations.
The Control of Substances Hazardous to Health (Amendment) Regulations 2004 S.I. 2004/3386 Regulation 3.
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 S.I. 2005/2571 The whole Regulations.
The Legislative Reform (Health and Safety Executive) Order 2008 S.I. 2008/960 The reference to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 in Schedule 3.
The Export and Import of Dangerous Chemicals Regulations 2008 S.I. 2008/2108 Regulation 5 paragraphs (2) and (4).
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 S.I. 2008/2337 The whole Regulations.
The REACH Enforcement Regulations 2008 S.I. 2008/2852 Paragraphs 1 to 4 of Part 3 of Schedule 10.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

William D. McKenzie — 2009-03-16

Explanatory note

(This note is not part of the Order)

1These Regulations consolidate, revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002.

2These Regulations, as respects Great Britain—aprovide for the enforcement of 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 mixtures (OJ No L353, 31.12.08, p. 1) (“the CLP Regulation”), in addition to the enforcement of these Regulations;bimplement parts of Directive 2006/121/EC (OJ No L396, 30.12.06, p.850) of the European Parliament and the Council of 18 December 2006 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/2006 (OJ L142, 31.5.08, p. 1) concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (“REACH”) and establishing a European Chemicals Agency;cimplement Council Directive 1992/32/EEC (OJ No. L154, 5.6.92, p. 1) amending for the 7th time Council Directive 67/548/EEC (OJ No. L196, 16.8.67, p. 1), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); anddimplement Council Directive 1999/45/EC (OJ No. L200, 30.7.99, p. 1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”).

3These Regulations also implement the Directives referred to below which adapt to technical progress and modify the substances Directive and the preparations Directive. These Directives are—aCommission Directive 91/410/EEC (OJ No L228, 17.8.91, p. 67) 14th adaptation to technical progress of the substances Directive;bCommission Directive 93/21/EEC (OJ No L110, 4.5.93, p. 20), 18th adaptation to technical progress of the substances Directive;cCommission Directive 2000/32/EC (OJ No L136, 8.6.2000, p. 1) 26th adaptation to technical progress of the substances Directive;dCommission Directive 2001/59/EC (OJ No L225, 21.8.2001, p. 1) 28th adaptation to technical progress of the substances Directive;eCommission Directive 2004/73/EC (OJ No L152, 30.4.04, p.1) 29th adaptation to technical progress of the substances Directive;fCommission Directive 2001/60/EC (OJ No. L226, 22.8.2001, p. 5) 1st adaptation to technical progress of the preparations Directive; andgCommission Directive 2006/8/EC (OJ No L19, 24.1.2006 p. 12) amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to the preparations Directive.

4The main purpose of the CLP Regulation is to adopt within the European Community the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) published by the UN Social and Economic Council (Second Revised Edition ISBN-13:978-92-1-116957-7). The UN GHS is the result of an international agreement made at the United Nations Conference on Environment and Development in Rio de Janeiro in 1992, and the World Summit on Sustainable Development in Johannesburg in 2002. It sets out internationally accepted definitions and criteria to identify the hazards of chemicals and to communicate those hazards via labels and safety data sheets. The GHS is a voluntary international agreement and countries may keep national requirements that are not covered by the GHS provided that they do not contradict it.

5The CLP Regulation progressively replaces, with transitional arrangements, the current Community classification and labelling system for hazardous chemicals with a new system based on the GHS. It replaces certain provisions of the substances Directive and the preparations Directive relating to the classification, packaging and labelling of substances and preparations through a two-stage process, first for substances and then for mixtures (currently referred to as “preparations”). Whilst many of the classification criteria, hazard symbols and labelling phrases are similar to the existing system, there are also some differences. The CLP Regulation requires dutyholders to classify, label and package hazardous chemicals before placing them on the market in accordance with its provisions.

6Council Directive 2006/121/EC of Regulation (EC) No 1907/2006 (“REACH”) amends the substances Directive in order to adapt it to REACH. The major changes effected by Council Directive 2006/121/EC are to remove the provisions on the notification of new substances and on the provision of safety data sheets from the substances Directive. These provisions are now included in REACH and the changes are implemented by the REACH Enforcement Regulations 2008 (S.I. 2008/2852). The remaining changes effected by Council Directive 2006/121/EC are to delete references to Annex V of the substances Directive and replace references to it with references to the relevant parts of Commission Regulation (EC) No 440/2008 (OJ L142, 31.5.08, p. 1) laying down test methods pursuant to REACH and to amend certain other references. These remaining changes are implemented in these Regulations by the Approved Classification and Labelling Guide.

7The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3.

8Regulations 4 to 10 implement the substances Directive and the preparations Directive. Regulation 11 implements the preparations Directive.

9Regulation 4 describes the procedures for classifying dangerous substances and dangerous preparations. Regulation 5 refers to the safety data sheet provisions of REACH. Regulation 6 imposes requirements relating to the packaging of dangerous substances and dangerous preparations.

10Regulation 7 imposes requirements in respect of the particulars that shall be shown on the labels for dangerous substances and dangerous preparations. Special labelling requirements are imposed in regulations 8 and 9. Regulation 10 imposes requirements in respect of the methods of marking and labelling of packages that contain dangerous substances or dangerous preparations.

11Regulation 11 requires that the packaging of certain substances and preparations be provided with child resistant fastenings or tactile warning devices or both, and sets out the standards to which they shall conform.

12Regulation 12 requires a person who classifies a dangerous preparation to retain the data used for the classification for at least three years after the preparation was last supplied.

13Regulation 13 provides for transitional periods for compliance with the CLP Regulation. According to these arrangements, suppliers must classify both substances and mixtures according to regulation 4 until 1st June 2015, and must classify, label and package according to the CLP Regulation from 1st December 2010 for substances and 1st June 2015 for mixtures. However they may choose to classify, label and package in accordance with the CLP Regulation before 1st December 2010 for substances and 1st June 2015 for mixtures, in which case the requirements in regulations 6 to 11 on labelling and packaging cease to apply. Regulations 6 to 11 in any case cease to apply from 1st December 2010 for substances and 1st June 2015 for mixtures. Regulation 13 also describes the transitional arrangements for retention of data for dangerous preparations.

14Regulation 14 makes provision for the enforcement of the Regulations and the CLP Regulation. Regulation 15 provides for a defence in specific circumstances in the case of contravention of the Regulations. Provision is made in regulation 16 to extend the application of the Regulations outside Great Britain. Revocations and amendments are set out in regulation 17 and 18.

15Copies of the publications referred to in the Regulations are obtainable as follows—athe approved classification and labelling guide (ISBN 0 7176 2369 6) from HSE Books (http://www.hsebooks.com or HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA);bThe British and International Standards referred to in regulation 11 and Schedule 5 (relating to child resistant fastenings and tactile warning devices) from the British Standards Institution, 389 Chiswick High Road, London W4 4AL or online (http://www.bsi-global.com/upload/Standards%20&%20Publications/shop.html). 16. A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS. A copy of the transposition note in relation to the implementation of the Directives set out in paragraphs 2 and 3 can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of these documents have been placed in the Library of each House of Parliament.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1976/897.

[^f00003]: S.I. 1993/2661.

[^f00004]: 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.

[^f00005]: Section 11(3) is substituted by S.I. 2008/960.

[^f00006]: OJ No L353, 31.12.08, p. 1.

[^f00007]: OJ No L196, 16.8.67, p. 1.

[^f00008]: OJ No L 200, 30.7.99, p. 1.

[^f00009]: OJ No L 396, 30.12.06, p. 1.

[^f00010]: OJ No L 204, 31.7.08, p. 1.

[^f00011]: ISBN 0717623696.

[^f00012]: 1993 c. 51, to which there are amendments not relevant to these Regulations.

[^f00013]: OJ No C146A, 15.6.90, p. 1.

[^f00014]: OJ No C130, 10.5.93, p. 1.

[^f00015]: S.I. 2005/1435, to which there is an amendment not relevant to these Regulations.

[^f00016]: S.S.I. 2005/331, to which there are amendments not relevant to these Regulations.

[^f00017]: 1968 c. 67, as amended by S.I. 2006/2407. There are other amendments not relevant to these Regulations.

[^f00018]: S.I. 2008/2297, to which there is an amendment not relevant to these Regulations.

[^f00019]: S.I. 2004/1031, to which there are amendments not relevant to these Regulations.

[^f00020]: 1971 c. 38.

[^f00021]: S.I. 2008/1284, to which there are amendments not relevant to these Regulations.

[^f00022]: S.I. 1994/1056.

[^f00023]: S.I. 1996/972 as amended by S.S.I. 2004/112. There is a further amending instrument but this is not relevant to these Regulations.

[^f00024]: S.I. 2005/1806 (W. 138), as amended by regulation 45 of S.I. 2007/3538.

[^f00025]: S.I. 2005/894, to which there are amendments not relevant to these Regulations.

[^f00026]: 1990 c. 16.

[^f00027]: 1970 c. 40, as amended by regulation 3(1)(a) of S.I. 2005/3281; regulation 3(1)(a) of S.S.I. 2005/605 and regulation 3(1)(a) of S.I. 2006/116. There are other amending instruments, but none is relevant.

[^f00028]: S.I. 2002/618, to which there are amendments not relevant to these regulations.

[^f00029]: S.I. 2007/1573.

[^f00030]: S.I. 1997/2367, as amended by S.I. 2004/2110.

[^f00031]: S.I. 2002/2786, as amended by S.I. 2008/2429.

[^f00032]: 1928 c. 32.

[^f00033]: S.I. 2002/2776.

[^f00034]: 1971/729, to which there are amendments not relevant to these Regulations.

[^f00035]: Current edition (2009): ISBN 978-92-1-139131-2.

[^f00036]: Current edition (2009): ISBN 978-92-1-139134-3.

[^f00037]: Current edition (2009): ISBN 9789292311766.

[^f00038]: Current edition (2008): ISBN: 978-92-801-4241-9.

[^f00039]: Current edition: (2009): ISBN: 97888086206394.

[^f00040]: S.I. 1986/1510, to which there are amendments not relevant to these Regulations.

[^f00041]: S.I. 1998/494, to which there are amendments not relevant to these Regulations.

[^f00042]: 1968 c. 67.

[^f00043]: 1987 c. 43 to which there amendments not relevant to these Regulations.

[^f00044]: S.I. 2001/2127.

[^f00045]: OJ No. L147, 9.6.1975, p. 40. Article 8 is amended to add paragraph 1a by Commission Directive 2008/47/EC, OJ No. L96, 9.4.2008, p. 15.

[^f00046]: S.I. 1996/825, to which there are amendments not relevant to these Regulations.

[^f00047]: S.I. 1998/494, to which there are amendments not relevant to these Regulations.

[^f00048]: S.I. 2001/880, as amended by S.I. 2007/293. There are other amendments not relevant to these Regulations.

[^f00049]: S.I. 2002/2676.

[^f00050]: S.I. 2002/2677.

[^f00051]: S.I. 2002/2776.

[^f00052]: S.I. 2006/2739.

[^f00053]: S.I. 2008/2852.

Notes

  • (1) As further described in the approved classification and labelling guide.
  • (2) The categories are specified in the approved classification and labelling guide.
3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An assessment must be made of the health effects that the use of a substance or a preparation might entail. For that purpose the dangerous health effects have been subdivided into:

1. acute lethal effects;
2. non-lethal irreversible effects after a single exposure;
3. severe effects after repeated or prolonged exposure;
4. corrosive effects, irritant effects;
5. sensitising effects;
6. carcinogenic effects, mutagenic effects, toxic effects for reproduction.

The systematic assessment of the dangerous health effects is expressed by means of concentration limits, expressed as weight/weight percentage except for gaseous preparations (Tables A) where they are expressed as a volume/volume percentage and in conjunction with the classification of a substance.

The classification of the substance is expressed either by a symbol and one or more risk phrases or by categories (category 1, category 2 or category 3) also expressed by risk phrases when substances are shown to be carcinogenic, mutagenic or toxic for reproduction. Therefore it is important to consider, in addition to the symbol, all the phrases denoting specific risks which are assigned to each substance under consideration.

Acute lethal effects

Non-lethal irreversible effects after a single exposure

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Severe effects after repeated or prolonged exposure

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gaseous preparations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Corrosive and irritant effects including serious damage to eye

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other than gaseous preparations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note

Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (eg pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity consider the advice given in the approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.

Gaseous preparations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note

Simple application of the conventional method to preparations containing substances classified as corrosive or irritant may result in under-classification or over-classification of the hazard, if other relevant factors (eg pH of the preparation) are not taken into account. Therefore, in classifying for corrosivity, consider the advice given in the approved classification and labelling guide regarding classification as corrosive and paragraph 4(4)(b) and (c) of Part I of this Schedule.

Sensitising effects

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carcinogenic/mutagenic/toxic effects for reproduction

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other than gaseous preparations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gaseous preparations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The British Standards and International Standards referred to in regulation 11 are as follows—

  • BS EN 28317” means the British Standard Specification for packagings resistant to opening by children, BS EN 28317: 1993 which was published by the British Standards Institution and came into effect on 15 February 1993;
  • ISO 8317” means the International Standard ISO 8317 (1 July 1989 edition) relating to “Child-resistant packagings—Requirements for the testing of reclosable packages” adopted by the International Standards Organisation;
  • BS 6652” means the British Standard Specification for packagings resistant to opening by children, BS 6652: 1989 which was published by the British Standards Institution and came into effect on 30 June 1989;
  • EN 862” means the CEN standard EN 862 (March 1997 edition) relating to “Packaging—Child-resistant packaging—Requirements and testing procedures for non-reclosable packages for non-pharmaceutical products” adopted by the European Committee for Standardisation;
  • EN ISO 11683” means the EN ISO Standard 11683 (1997 Edition) relating to “Packaging—Tactile warnings of danger—Requirements.”;
  • BS 7501” means the British Standard on the general criteria for the operation of testing laboratories BS 7501: 1989 which was published by the British Standards Institution and came into effect on 31 October 1989;
  • EN 45 000” means the European Standards Series 45 000 which sets out the general criteria which laboratories must adhere to in order to obtain accreditation for the certification of child resistant fastenings.

Editorial notes

[^c19608031]: 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).

[^c19608041]: S.I. 1976/897.

[^c19608051]: S.I. 1993/2661.

[^c19608061]: 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.

[^c19608071]: Section 11(3) is substituted by S.I. 2008/960.

[^c19608081]: OJ No L353, 31.12.08, p. 1.

[^c19608091]: OJ No L196, 16.8.67, p. 1.

[^c19608101]: OJ No L 200, 30.7.99, p. 1.

[^c19608111]: OJ No L 396, 30.12.06, p. 1.

[^c19608761]: S.I. 1996/825, to which there are amendments not relevant to these Regulations.

[^c19608771]: S.I. 1998/494, to which there are amendments not relevant to these Regulations.

[^c19608781]: S.I. 2001/880, as amended by S.I. 2007/293. There are other amendments not relevant to these Regulations.

[^c19608791]: S.I. 2002/2676.

[^c19608801]: S.I. 2002/2677.

[^c19608811]: S.I. 2002/2776.

[^c19608821]: S.I. 2006/2739.

[^c19608831]: S.I. 2008/2852.

[^key-1d54635427bb2773a314ef1829c155d0]: Reg. 5 revoked (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(a) (with regs. 3(4)(5), 31)

[^key-275d61a2a48e784731f78f0d2ece5871]: Regs. 2, 3 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(e) (with reg. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(b))

[^key-3763bb3c25c48ddbd032c78a1059936e]: Sch. 3 revoked by virtue of the revocation of reg. 4 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(5), 31)

[^key-686cd953fd26997c500af5ff876940c8]: 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)

[^key-7aecefa7f6a0371eaf48975e6081ba39]: Sch. 4 revoked by virtue of the revocation of regs. 7, 9 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(5), 31)

[^key-7edfc84deb1bca5e8d0a758fd8642b7a]: Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(4)(5), 31)

[^key-83020f4ae5087255c7904c3b239991d2]: Reg. 12 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(e) (with regs. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(b))

[^key-851abf362463916dda6eb079e5999483]: Regs. 14-16, 18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(c) (with regs. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a))

[^key-bd97409dc4a4f2b8390c935c48681ba2]: Sch. 5 revoked by virtue of the revocation of reg. 11 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(5), 31)

[^key-c584e2e2ca3fdd22194948f911360119]: Sch. 1 revoked by virtue of the revocation of regs. 2, 4 (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b)(d) (with regs. 3(5), 31)

[^key-ca7e9bcb91ede38e0562cad7dd819894]: Reg. 4 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(4)(5), 31)

[^key-e167fb5ab0cb33f92c885cad31362b4a]: Sch. 2 revoked by virtue of the revocation of regs. 2, 8, 10 (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b)(d) (with regs. 3(5), 31)

[^key-fb2dd68677aa276f65d1bbbce92e2fac]: Reg. 13 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b) (with regs. 3(4)(5), 31)

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