The Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990 and shall come into force on 18th July 1990.

(2) In these Regulations “the principal Regulations” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984(1).

Amendments to the principal Regulations

2.  The principal Regulations shall be amended in accordance with the Schedule to these Regulations.

Transitional provision

3.—(1) Until 18th September 1990 it shall be a sufficient compliance with the principal Regulations if a substance is classified and labelled in accordance with the list approved by the Health and Safety Commission on 9th February 1988 entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)” as revised by the document approved by the Health and Safety Commission on 25th April 1989 and entitled “Revision No. 1 to the Approved List (Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition))”.

(2) In any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road before 18th March 1991 a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove—

(a) that if the substance had been supplied or, as the case may be, had been conveyed by road before 18th September 1990 no offence would have been committed;

(b) that the substance was packaged and labelled before 18th September 1990 and had not been removed from the receptacle or the package, as the case may be, after that date; and

(c) that it was not reasonably practicable either—

(i) to re-label or re-package the substance before it was supplied, or conveyed by road, or

(ii) to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

14th June 1990