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Statutory Rules of Northern Ireland
HEALTH AND SAFETY
Made
12th August 1996
Coming into operation
9th September 1996
The Department of Economic Development, being a Department designated by the European Communities (Designation) Order 1976(1) and the European Communities (Designation) (No. 3) Order 1993(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection, in exercise of the powers conferred on it by the said section 2(2) and being the Department concerned(4) in exercise of the powers conferred by Articles 17(1) to (6) and 55(2) of, and paragraphs 1(1), (4) and (5), 2, 14 and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(5) and of every other power enabling it in that behalf, after consultation in accordance with Article 46(1) of that Order with the Health and Safety Agency for Northern Ireland and such other bodies as appeared to it to be appropriate, hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 9th September 1996.
(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2. The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995(7) shall be amended as provided by regulations 3 to 8.
3. In regulation 2(1)—
(a)in sub-paragraph (c) of the definition of “EEC number” for “(EINECS)” there shall be substituted “(ELINCS)” and
(b)after the definition of “pesticide” there shall be inserted the following definitions—
‘ “petrol” has the same meaning as in regulation 2(1) of the Motor Fuel (Lead Content of Petrol) Regulations 1981(8);
“plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 1995(9);'.
4.—(1) In regulation 3(1)—
(a)at the end of sub-paragraph (p) for the full stop there shall be substituted “; or”; and
(b)after sub-paragraph (p) there shall be added the following sub-paragraph—
“(q)a plant protection product, which has been approved under the Plant Protection Products Regulations (Northern Ireland) 1995.”.
(2) After regulation 3(4) there shall be inserted the following paragraph—
“(4A) Notwithstanding sub-paragraphs (a), (b), (e), (f), (j), (o) and (p) of paragraph (1), paragraphs (3A) and (3B) of regulation 9 shall apply to the substances and preparations referred to in those paragraphs whether or not they are substances or preparations dangerous for supply.”.
5. In regulation 4—
(a)for the words “(2nd Edition)” there shall be substituted “(3rd Edition)”;
(b)at the end of sub-paragraph (f) for the full stop there shall be substituted “; and”; and
(c)after sub-paragraph (f) there shall be added the following sub-paragraph—
“(g)in Part VII, the descriptions specified in the European Inventory of Existing Commercial Chemical Substances for complex coal, oil and gas derived substances,”.
6. In regulation 9—
(a)for paragraph (2)(c)(iv) there shall be substituted—
“(iv)the EEC number (if any) and in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, either the words “EC label” or “EEC label”; and”;
(b)after paragraph (2)(c) there shall be added the following sub-paragraph—
“(d)where required by paragraph (3A) or (3B), the labelling phrase specified therein.”;
(c)for the full stop at the end of paragraph (3)(d) there shall be substituted “; and”;
(d)after paragraph (3)(d), there shall be added the following paragraph—
“(e)where required by paragraph (3A) or (3B), the labelling phrase specified therein.”; and
(e)after paragraph (3) there shall be inserted the following paragraphs—
“(3A) Subject to paragraph (3C), and without prejudice to any other requirements in these Regulations, in respect of a substance specified in Part IIIA of Schedule 6 or a preparation containing such a substance, either of which is required to be classified and labelled in accordance with these Regulations (or would be so required, but for any of the exceptions contained in sub-paragraphs (a), (b), (e), (f), (j), (o) and (p) of paragraph (1) of regulation 3,) as—
(a)Carcinogenic of category 1 or 2;
(b)Mutagenic of category 1 or 2; or
(c)Toxic for reproduction of category 1 or 2,
the labelling phrase “Restricted to professional users” shall be included in the particulars specified in paragraph (2) or (3), as the case may be.
(3B) Without prejudice to any other requirements in these Regulations, in respect of—
(a)a substance specified in Part IIIB of Schedule 6; or
(b)a preparation containing such a substance in a concentration by weight of 0.1% or more,
which is dangerous for supply, the labelling phrase “Restricted to professional users” shall be included in the particulars specified in paragraph (2) or (3), as the case may be, and where such a substance or preparation is not dangerous for supply the said phrase shall be clearly shown in accordance with the requirements of regulation 11 as if it were dangerous for supply.
(3C) Notwithstanding regulation 3(4A), paragraph (3A) shall not apply to—
(a)petrol which complies with regulation 4(1) of the Motor Fuel (Lead Content of Petrol) Regulations 1981;
(b)mineral oil products intended for use as fuel in mobile or fixed combustion plants;
(c)fuels sold in closed systems; and
(d)artists' paints.”.
7. In regulation 17 for paragraph (1) there shall be substituted the following paragraph—
“17.—(1) Subject to paragraphs (2) and (3)—
(a)the provisions of the Health and Safety at Work (Northern Ireland) Order 1978 which relate to the approval of codes of practice and their use in criminal proceedings, to enforcement and to offences(10); and
(b)Article 43(2) of that Order,
shall apply to the provisions of regulations 5 to 11 and 13 to 15 as if those provisions had been made under Article 17 of that Order whether or not the provisions of that Order would apply but for this paragraph.”.
8. In Schedule 6 after Part II there shall be added the Part set out in the Schedule.
Sealed with the Official Seal of the Department of Economic Development on 12th August 1996.
L.S.
Philip B. Strong
Assistant Secretary
Regulation 8
The substances referred to in regulation 9(3A) are specified in the Table below—
Substance | CAS Number |
---|---|
Carcinogenic substances of Category 1 | |
2-naphthylamine; β-naphthylamine | 91-59-8 |
biphenyl-4-ylamine; xenylamine; 4-aminobiphenyl | 92-67-1 |
benzidine; 4,4'-diaminobiphenyl; biphenyl-4.4'-ylenediamine | 92-87-5 |
chromium trioxide | 1333-82-0 |
arsenic acid and its salts | — |
arsenic pentoxide; arsenic oxide | 1303-28-2 |
diarsenic trioxide; arsenic trioxide | 1327-52-3 |
asbestos | 132207-33-1 |
132207-32-0 | |
12172-73-5 | |
77536-66-4 | |
77536-68-6 | |
77536-67-5 | |
benzene | 71-43-2 |
bis (chloromethyl) ether | 542-88-1 |
chloromethyl methyl ether, chlorodimethyl ether | 107-30-2 |
dinickel trioxide | 1314-06-3 |
erionite | 12510-42-8 |
nickel dioxide | 12035-36-8 |
nickel monoxide | 1313-99-1 |
nickel subsulphide | 12035-72-2 |
nickel sulphide | 16812-54-7 |
salts of 2-naphthylamine | — |
salts of biphenyl-4-ylamine; salts of xenylamine; salts of 4-aminobiphenyl | — |
salts of benzidine | — |
vinyl chloride; chloroethylene | 75-01-4 |
zinc chromates including zinc potassium chromate | — |
Carcinogenic substances of Category 2 | |
1-methyl-3-nitro-1-nitrosoguanidine | 70-25-7 |
1,2-dibromo-3-chloropropane | 96-12-8 |
1,2-dimethyldrazin | 540-73-8 |
1,3-butadiene, buta-1,3-diene | 106-99-0 |
1,3-dichloro-2-propanol | 96-23-1 |
1,3-propanesultone | 1120-71-4 |
3-propanolide; 1,3-propiolactone | 57-57-8 |
1,4-dichlorobut-2-ene | 764-41-0 |
2-nitronapthalene | 581-89-5 |
2-nitropropane | 79-46-9 |
2,2'-dichloro-4,4'-methylenedianiline; 4,4'-methylene bis(2-chloroaniline) | 101-14-4 |
2-2'-(nitrosoimino)bisethanol | 1116-54-7 |
3,3'-dichlorobenzidine; 3,3'-dichlorobiphenyl-4,4'-ylendiamine | 91-94-1 |
3,3'-dimethoxybenzidine; o-dianisidine | 119-90-4 |
3,3'-dimethylbenzidine; o-toluidine | 119-93-7 |
4-aminoazobenzene | 60-09-3 |
4-amino-3-fluorphenol | 399-95-1 |
4-methyl-m-phenylenediamine | 95-80-7 |
4-nitrobiphenyl | 92-93-3 |
4,4'-methylenedi-o-toluidine | 838-88-0 |
4,4'-diaminodiphenylmethane; 4,4'-methylenedianiline | 101-77-9 |
5-nitroacenaphthene | 602-87-9 |
4-o-tolylazo-o-toluidine; 4-amino-2',3-dimethylazobenzene; fast garnet GBC base, AAT; o-aminoazotoluene | 97-56-3 |
disodium-{5[4'-((2,6-hydroxy-3-((2-hydroxy-5-sulphophenyl)azo)phenyl) azo)(1,1'-biphenyl)-4-yl)azo]salicylato(4-)}cuprate(2-); C1 Direct Brown 95 | 16071-86-6 |
cadmium oxide | 1306-19-0 |
Extracts (petroleum), heavy napthenic distillate solvent | 64742-11-6 |
Extracts (petroleum), heavy paraffinic distillate solvent | 64742-04-7 |
Extracts (petroleum), light napthenic distillate solvent | 64742-03-6 |
Extracts (petroleum), light paraffinic distillate solvent | 64742-05-8 |
Extracts (petroleum), light vacuum gas oil solvent | 91995-78-7 |
Hydrocarbons, C26-55, arom. rich | 97722-04-8 |
N,N-dimethylhydrazine | 57-14-7 |
acrylamide | 79-06-1 |
acrylonitrile | 107-13-1 |
α,α,α-trichlorotoluene; benzotrichloride | 98-07-7 |
benzo[a]anthracene | 56-55-3 |
benzo[a]pyrene; benzo[d,e,f]chrysene | 50-32-8 |
benzo[b]fluoranthene; benzo[e]acephenanthrylene | 205-99-2 |
benzo[j]fluoranthene | 205-82-3 |
benzo[k]fluoranthene | 207-08-9 |
beryllium | 7440-41-7 |
beryllium compounds with the exception of aluminium beryllium silicates | — |
cadmium chloride | 10108-64-2 |
cadmium sulphate | 10124-36-4 |
calcium chromate | 13765-19-0 |
captafol (ISO); 1,2,3,6-tetrahydro-N-(1,1,2,2-tetrachloroethylthio) phthalimide | 2425-06-1 |
carbadox (INN); methyl-3-(quinoxalin-2-ylmethylene)carbazate 1,4-dioxide; 2-(methoxycarbonylhydrazonomethyl)quinoxaline 1,4-dioxide | 6804-07-5 |
chromium III chromate; chromic chromate | 24613-89-6 |
diazomethane | 334-88-3 |
dibenz[a,h]anthracene | 53-70-3 |
diethyl sulphate | 64-67-5 |
dimethyl sulphate | 77-78-1 |
dimethyl carbamoyl chloride | 79-44-7 |
N-nitrosodimethylamine; dimethylnitrosamine | 62-75-9 |
dimethylsulfamochloride | 13360-57-1 |
1-chloro-2,3-epoxypropane; epichlorohydrin | 106-89-8 |
1,2-dichloroethane; ethylene dichloride | 107-06-2 |
ethylene oxide; oxirane | 75-21-8 |
ethyleneimine; aziridine | 151-56-4 |
hexachlorobenzene | 118-74-1 |
hexamethylphosphoric triamide; hexamethylphosphoramide | 680-31-9 |
hydrazine | 302-01-2 |
hydrazobenzene; 1,2-diphenylhydrazine | 122-66-7 |
methyl acrylamidomethoxyacetate (containing ≥0.1% acrylamide) | 77402-03-0 |
methyl-ONN-azoxymethyl acetate; methyl azoxy methyl acetate | 592-62-1 |
nitrofen (ISO); 2,4-dichlorophenyl 4-nitrophenyl ether | 1836-75-5 |
nitrosodipropylamine | 621-64-7 |
2-methoxyaniline; o-anisidine | 90-04-0 |
potassium bromate | 7758-01-2 |
propylene oxide; 1,2-epoxypropane; methyloxirane | 75-56-9 |
o-toluidine | 95-53-4 |
2-methylaziridine; propyleneimine | 75-55-8 |
salts of 2,2'-dichloro-4,4'-methyledianiline; salts of 4,4'-methylenebis (2-chloroaniline) | — |
salts of 3,3'-dichlorobenzidine; salts of 3,3'-dichlorobiphenyl-4,4'- ylendiamine | — |
salts of 3,3'-dimethoxybenzidine; salts of o-dianisidine | — |
salts of 3,3'-dimethylbenzidine; salts of o-toluidine | — |
strontium chromate | 7789-06-2 |
styrene oxide; (epoxyethyl)benzene; phenyloxirane | 96-09-3 |
sulfallate (ISO); 2-chlorallyl diethyldithiocarbamate | 95-06-7 |
thioacetamide | 62-55-5 |
urethane (INN); ethyl carbamate | 51-79-6 |
Mutagenic substances of Category 1 | |
There are no substances classified in this category | |
Mutagenic substances of Category 2 | |
1,2-dibromo-3-chloropropane | 96-12-8 |
acrylamide | 79-06-1 |
benzo[a]pyrene; benzo[d,e,f]chrysene | 50-32-8 |
diethyl sulphate | 64-67-5 |
ethylene oxide; oxirane | 75-21-8 |
ethyleneimine, aziridine | 151-56-4 |
hexamethylphosphoric triamide; hexamethylphosophoramide | 680-31-9 |
methyl acrylamidomethoxyacetate (containing ≥0.1% acrylamide) | 77402-03-0 |
Toxic for reproduction substances of Category 1 | |
lead hexafluorosilicate | 25808-74-6 |
lead acetate | 1335-32-6 |
lead alkyls | — |
lead azide | 13424-46-9 |
lead chromate | 7758-97-6 |
lead compounds, with the exception of those specified elsewhere in this Part | — |
lead di(acetate) | 301-04-2 |
lead 2,4,6-trinitroresorcinoxide; lead styphnate | 15245-44-0 |
lead (II) methanesulfonate | 17570-76-2 |
trilead bis(orthophosphate) | 7446-27-7 |
warfarin; 4-hydroxy-3-(3-oxo-1-phenylbutyl)coumarin | 81-81-2 |
Toxic for reproduction substances of Category 2 | |
2-ethoxyethanol; ethylene glycol monoethyl ether | 110-80-5 |
2-ethylhexyl 3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl methyl thioacetate | 80387-97-9 |
2-methoxyethanol, ethylene glycol monoethyl ether | 109-86-4 |
benzo[a]pyrene; benzo[d,e,f]chrysene | 50-32-8 |
binapacryl (ISO); 2-sec butyl-4,6-dinitrophenyl-3-methylcrotonate | 485-31-4 |
N,N-dimethylformamide; dimethyl formamide | 68-12-2 |
dinoseb; 6-sec butyl-2,4-dinitrophenol | 88-85-7 |
dinoterb; 2-tert-butyl-4,6-dinitrophenol | 1420-07-1 |
ethylene thiourea; imidazolidine-2-thione; 2-imidazoline-2-thiol | 96-45-7 |
2-ethoxyethyl acetate; ethylglycol acetate | 111-15-9 |
methyl-ONN-azoxymethyl acetate; methyl azoxy methyl acetate | 592-62-1 |
2-methoxyethyl acetate; methylglycol acetate | 110-49-6 |
nickel tetracarbonyl | 13463-39-3 |
nitrofen (ISO); 2,4-dichclorophenyl 4-nitrophenyl ether | 1836-75-5 |
salts and esters of dinoseb, with the exception of those specified elsewhere in this Part | — |
salts and esters of dinoterb | — |
The substances referred to in regulation 9(3B) are specified in the table below—
Substance | CAS Number |
---|---|
Note | |
The CAS Number is the number assigned to the substance by the Chemicals Abstract Service.” | |
chloroform | 67-66-3 |
carbon tetrachloride | 56-23-5 |
1,1,2-trichloroethane | 79-00-5 |
1,1,2,2-tetrachloroethane | 79-34-5 |
1,1,1,2-tetrachloroethane | 630-20-6 |
pentachloroethane | 76-01-7 |
1,1-dichloroethylene | 75-35-4 |
1,1,1-trichlororethane | 71-55-6 |
(This note is not part of the Regulations.)
1. These Regulations amend the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 60) (“the principal Regulations”) to—
(a)implement part of Council Directive 94/60/EC (O.J. No. L365, 31.12.94, p.1), the 14th Amendment to Council Directive 67/769/EEC (“the Marketing and Use Directive”);
(b)implement Commission Directive 94/69/EC (O.J. No. L381, 31.12.94, p.1), the 21st Adaptation to Technical Progress of Commission Directive 67/548/EEC (“the Dangerous Substances Directive”).
2. The Regulations make the following principal changes—
(a)Regulations 3 and 9 of, and Schedule 6 to, the principal Regulations are amended to implement the part of Council Directive 94/60/EC which requires a special labelling phrase (“Restricted to professional users”) in certain circumstances.
(b)Regulation 3(1) of the principal Regulations is amended to remove from the scope of those Regulations plant protection products which are approved under the Plant Protection Products Regulations (Northern Ireland) 1995 (S.R. 1995 No. 371).
(c)Regulation 4 of the principal Regulations is amended to refer to the new 3rd Edition of the Approved Supply List, which is approved by the Department of Economic Development for use in Northern Ireland and published by the Health and Safety Commission and which replaces the 2nd Edition.
3. The Approved Supply List implements Annex I to the Dangerous Substances Directive. The 3rd Edition incorporates the modifications required by Commission Directive 94/69/EC, which amends that Annex.
4. Copies of the Approved Supply List may be obtained from—
(a)HMSO Bookshop, 16 Arthur Street, Belfast BT1 4GI;
(b)HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS; or
(c)Dillons Books, 44-46 Fountain Street, Belfast BT1 5EE.
S.I. 1976/897
S.I. 1993/2661
1972 c. 68; the definition of the Treaties referred to in section 2(2) was extended by section 1 of the European Economic Area Act 1993 (c. 51)
See Article 2(2) of S.I. 1978/1039 (N.I. 9)
S.I. 1978/1039 (N.I. 9)
See Articles 18, 19, 20 to 28 and 31 to 39 of S.I. 1978/1039 (N.I. 9)
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