The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I. 1993/1746) (“the 1993 Regulations”). The 1993 Regulations were substantially amended by the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I. 1994/669) which revoked those parts of the 1993 Regulations which regulated the classification, packaging and labelling for carriage by road of substances dangerous for carriage.

2.  By virtue of the amendments to the European Communities Act 1972 (c. 68) made by the European Economic Area Act 1993 (c. 51), these Regulations make provisions relating to the European Economic Area as defined in regulation 2(1) of these Regulations.

3.  Like the 1993 Regulations, these Regulations, as respects Great Britain, implement—

(a)Council Directive 92/32/EEC (OJ No. L 154, 5.6.92, p. 1) amending for the 7th time Council Directive 67/548/EEC (OJ No. 196, 16.8.67, p. 1 (OJ/SE 1967 p. 234), in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); and

(b)Council Directive 88/379/EEC (OJ No L 187, 16.7.88 p. 14) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”).

4.  These 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—

(a)Commission Directive 90/35/EEC (OJ No. L 19, 24.1.90, p. 14) definition of the categories of preparations to which Article 6 of the preparations Directive applies;

(b)Commission Directive 91/410/EEC (OJ No. L 228, 17.8.91, p. 67) 14th adaptation to technical progress of the substances Directive;

(c)Commission Directive 91/442/EEC (OJ No. L 238, 27.8.91, p. 25) definition of further preparations the packaging of which must be fitted with child resistant fastenings;

(d)Commission Directive 92/37/EEC (OJ No. L 154, 5.6.92, p. 30) 16th adaptation to technical progress of the substances Directive;

(e)Commission Directive 93/18/EEC (OJ No. L 104, 29.4.93, p. 46) 3rd adaptation to technical progress of the preparations Directive;

(f)Commission Directive 93/21/EEC (OJ No. L 110, 4.5.93, p. 20) 18th adaptation to technical progress of the fisubstances Directive;

(g)Commission Directive 93/72/EEC (OJ No. L 258, 16.10.93, p. 29) 19th adaptation to technical progress of the substances Directive;

(h)Commission Directive 93/101/EC (OJ No. L 13, 15.1.94, p. 1) 20th adaptation to technical progress of the substances Directive; and

(i)Commission Directive 93/112/EC (OJ No. L 314, 16.12.93, p. 38) amendment to the safety data sheets Directive (Commission Directive 91/155/EEC, OJ No. L 76, 22.3.91, p. 39).

5.  The terms and expressions used in the Regulations are defined in regulation 2 and the scope of the Regulations is described in regulation 3. Regulation 4 defines and describes the approved supply list which has been approved by the Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply.

6.  Regulation 5 describes the procedures for classifying substances and preparations dangerous for supply and regulation 6 describes the safety data sheets which (with certain exceptions) are required to be provided when dangerous substances or preparations are supplied. Regulation 7 requires that advertisements for substances which are dangerous for supply must refer to the hazards presented by the substance.

7.  Regulation 8 imposes requirements relating to the packaging of substances and preparations dangerous for supply and regulation 9 imposes requirements in respect of the particulars that must be shown on the labels for such substances and preparations. Special labelling requirements for certain preparations are imposed in regulation 10 and regulation 11 imposes requirements in respect of the methods of marking and labelling substances and preparations dangerous for supply.

8.  Regulation 12 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 must conform.

9.  The Regulations also require a person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for at least 3 years after the substance or preparation was last supplied (regulation 13), and for certain data relating to preparations dangerous for supply to be notified to a poisons advisory centre approved by the Secretary of State for Health (regulation 14).

10.  The Regulations make provision for exemptions to be granted by the Health and Safety Executive in certain circumstances (regulation 15) and for their enforcement (regulation 16). Regulation 16 also provides for a defence in specific circumstances in the case of contravention of the Regulations and for civil liability. Transitional provisions are set out in regulation 17 and provision is made in regulation 18 to extend the application of the Regulations outside Great Britain. Revocations and modifications are set out in regulation 19.

11.  Copies of the publications referred to in the Regulations are obtainable as follows—

(a)(i)the approved supply list (ISBN 0 7176 0858 1),

(ii)the approved classification and labelling guide (ISBN 0 7176 0860 3), from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Ryman the Stationer; and any good bookseller.

(b)the British and International Standards referred to in Part III of Schedule 1 (relating to the determination of flash point), regulation 12 and Schedule 7 (relating to child resistant fastenings and tactile warning devices) from (by personal callers) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.