The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

Safety data sheets for dangerous substances, dangerous preparations and certain other preparations

5.—(1) Subject to paragraph (7), the supplier of a dangerous substance or dangerous preparation shall provide the recipient of that dangerous substance or dangerous preparation with a safety data sheet—

(a)which contains the information under the headings specified in Schedule 4 to enable that recipient to take the necessary measures relating to—

(i)health and safety at work, and

(ii)the protection of the environment;

(b)which clearly shows the date of first publication, or the latest revision, as the case may be;

(c)free of charge; and

(d)no later than the date on which the dangerous substance or the dangerous preparation is supplied to that recipient for the first time.

(2) Subject to paragraph (7), the supplier of a preparation of the type specified in paragraph (3) shall provide free of charge to a professional user a safety data sheet which—

(a)contains proportionate information under the headings specified in Schedule 4 relating to that preparation; and

(b)clearly shows the date of first publication, or the latest revision, as the case may be,

when requested to do so by that professional user.

(3) Paragraph (2) refers to a preparation which is not a dangerous preparation but which contains in an individual concentration of ≥1% by weight for non-gaseous preparations and ≥0.2% by volume for gaseous preparations—

(a)a dangerous substance which has been classified in respect of its health or environmental effects; or

(b)a substance for which there is a Community workplace exposure limit.

(4) The supplier of a dangerous substance or preparation to which this regulation applies shall keep the safety data sheet relating to that dangerous substance or preparation up to date and revise it forthwith if any significant new information relating to safety at work, risks to the health of any person or the protection of the environment becomes available in relation to that dangerous substance or preparation.

(5) When a supplier revises a safety data sheet in accordance with paragraph (4), he shall ensure that the safety data sheet is clearly marked with the word “Revision”.

(6) When a supplier revises a safety data sheet in accordance with paragraph (4), he shall—

(a)in respect of a dangerous substance or dangerous preparation, provide every person who has received that dangerous substance or dangerous preparation within a period of 12 months preceding the date of the revision with a copy of the revised safety data sheet free of charge; or

(b)in respect of a preparation specified in paragraph (3), provide every person who—

(i)has received that preparation within a period of 12 months preceding the date of the revision, and

(ii)requested a copy of the safety data sheet in accordance with paragraph (2),

with a copy of the revised safety data sheet free of charge, and shall draw the attention of every such person to the revisions in the safety data sheet.

(7) Subject to paragraph (8), a supplier shall not be required to provide a safety data sheet with a dangerous substance or preparation to which this regulation applies provided that—

(a)the dangerous substance or preparation is sold to the general public in the circumstances to which paragraph (4) or (5) of regulation 14 applies; and

(b)sufficient information is provided to enable the user of that dangerous substance or preparation to take the necessary measures as regards the protection of health and safety.

(8) Where a person buys a dangerous substance or preparation to which this regulation applies for use at work in the circumstances to which paragraph (4) or (5) of regulation 14 applies, when requested to do so by that person, the supplier of the dangerous substance or preparation in question shall provide that person with a copy of the safety data sheet relating to that dangerous substance or preparation free of charge.

(9) If a supplier provides a safety data sheet in accordance with paragraph (8), paragraph (6) shall not apply.

(10) The information contained in a safety data sheet provided under this regulation shall be in English.

(11) A supplier may provide a safety data sheet or a revision to a safety data sheet under this regulation by electronic communication provided that he has established that the person to whom the safety data sheet, or the revision to a safety data sheet, will be provided has the equipment to enable him to receive the electronic communication.

(12) In this regulation, “supply” shall not include supply by way of—

(a)offer for sale, and

(b)returning a dangerous substance or preparation to which this regulation applies to the person who supplied it, provided that the properties of that dangerous substance or preparation remain unchanged,

and “supplier” shall be construed accordingly.