Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 1997

Regulation 3

SCHEDULE

1.  In regulation 2(1)—

(a) in the definition of “approved classification and labelling guide” for the words “(2nd Edition)” there shall be substituted “(3rd Edition)”;

(b) for the definition of “approved supply list” there shall be substituted the following definition—

• ““approved supply list” has the meaning assigned to it by regulation 4;”;

(c) in the definition of “concentration limits” there shall be deleted the words “column 4 of Part V of”;

(d) in the definition of “EEC number”—

(i) for the word “EEC” there shall be substituted “EC” in each place in which it occurs;

(ii) in sub-paragraph (a) for the words from “number (if any)” to the end there shall be substituted “EC number (if any) specified in that list;”; and

(iii) in sub-paragraph (b) there shall be deleted the words “Part V of”;

(e) for the definition of “index number” there shall be substituted—

““index number” means, in relation to a substance dangerous for supply which appears in the approved supply list, the number (if any) specified in that list;”;

(f) in the definition of “indication of danger” for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) a substance dangerous for supply listed in the approved supply list, it is one or more indications of danger specified for that substance by a symbol-letter in the list;”;

(g) in the definition of “risk phrase” for the words “phrase listed in Part III of” there shall be substituted “risk phrase listed in”;

(h) in the definition of “safety phrase” for the words “phrase listed in Part IV of” there shall be substituted “safety phrase listed in”; and

(i) in the definition of “substance dangerous for supply” in sub-paragraph (a) there shall be deleted the words “Part I of”.

2.  In regulation 3(3) there shall be deleted sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph.

3.  For regulation 4 there shall be substituted the following regulation—

“4.   In these Regulations the “approved supply list” means the document approved by the Department for the purposes of these Regulations and—

(a) entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply (3rd Edition)” published by the Health and Safety Commission;

(b) as revised by the document entitled the “Approved Supply List Supplement” published by the Health and Safety Commission.”.

4.  In regulation 5 for paragraph (2) there shall be substituted the following paragraph—

“(2) The classification of a substance which is listed in the approved supply list shall be the classification for that substance specified in the list.”.

5.  In regulation 9—

(a) in paragraph (1) for the words “paragraphs (4) to (8)” there shall be substituted “paragraphs (5) to (9)”;

(b) in paragraph (2)(b) there shall be deleted the words “Part I of” and the word “and” at the end of the paragraph;

(c) in paragraph (2)(c)(iv)—

(i) for the word “EEC” in the first place in which it occurs there shall be substituted “EC”;

(ii) there shall be deleted the words “Part I of”; and

(iii) with effect from 31st December 2000, for the words “either the words “EC label” or “EEC label” ” there shall be substituted “ “EC label” ”;

(d) in paragraph (3B)—

(i) after the words “which is dangerous for supply” there shall be added “and is not being marketed or used for the purposes of research and development or for the purpose of analysis,”; and

(ii) for the words “ “Restricted to professional users” ” there shall be substituted “ “For use in industrial installations only” ”; and

(e) in paragraph (3C)—

(i) in sub-paragraph (c) there shall be deleted the word “and”;

(ii) in sub-paragraph (d) for the full stop there shall be substituted “; and”; and

(iii) after sub-paragraph (d) there shall be added the following sub-paragraph—

“(e) any substance or preparation which is being marketed or used for the purposes of research and development or for the purpose of analysis.”.

6.  In regulation 13(4) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

“(d) preparations which are assigned the risk phrase (R65) and classified and labelled according to paragraph 48 of the approved classification and labelling guide, except where such a preparation is supplied in an aerosol dispenser or a container fitted with a sealed spray attachment.”.

7.  In regulation 17 after paragraph (4) there shall be added the following paragraph—

“(5) In any proceedings for an offence under regulation 9 or 10 arising out of the supply of liquefied petroleum gas, butane or propane it shall be a defence for the supplier to prove that the gas in question—

(a) was not supplied with a view to the person to whom the gas was supplied using it; and

(b) was supplied with a view to—

(i) the gas being destroyed;

(ii) the receptacle in which the gas was supplied being refilled; or

(iii) the receptacle and where appropriate any packaging being labelled in accordance with these Regulations,

whether or not the destruction, refilling or labelling, as the case may be, is to be carried out by the person to whom the gas was supplied.”.

8.  In Schedule 1, in Part III for paragraph 3 there shall be substituted the following paragraph—

“(3) The equilibrium methods referred to in paragraph 1(a) are those defined in the following standards, namely, International Standards ISO 1516, ISO 3680. ISO 1523 and ISO 3679.”.

9.  In Schedule 3—

(a) in Part I, in paragraph 18(1) there shall be deleted the words “Part V of”;

(b) in Part I, in paragraph 18(1)(d) for the words “toxic to reproduction” there shall be substituted the words “toxic for reproduction”; and

(c) in Part II, in paragraph 1, after sub-paragraph (2) there shall be added the following sub-paragraph—

“(3) Preparations assigned the risk phrase R65: In applying the conventional method according to paragraph 8 of Part I, no account shall be taken of the assigning to a substance of the risk phrase R65.”.

10.  In Schedule 4, in paragraph 2(3) for the words from “is listed” to the end of that paragraph there shall be substituted “is a substance dangerous for supply for which a conventional LD₅₀ value is specified in the approved supply list, its toxicity shall be taken to be that value.”.

11.  In Schedule 6—

(a) in Part I, for sub-paragraph (1) of paragraph 1 there shall be substituted the following sub-paragraph—

“(1) In the case of a substance dangerous for supply which is listed in the approved supply list, the particulars to be shown on the label in accordance with regulation 9(2)(c) shall be any EC number, indication of danger and its corresponding symbol, risk or safety phrase specified for that substance in that list.”;

(b) in Part I, in paragraphs 1(2), 2(3) and 4(1) there shall be deleted the words “Part I of” in each place in which they occur;

(c) in Part I, in paragraph 2(2) there shall be deleted the words “column 4 of Part V of” in each place in which they occur; and

(d) in Part II, in paragraphs 3 and 4, for the words from “value” to the end of each paragraph, there shall be substituted “concentration limit for the substance is shown in the approved supply list.”.