The Pencils and Graphic Instruments (Safety) Regulations 1998

Title, commencement and application

1.—(1) These Regulations may be cited as the Pencils and Graphic Instruments (Safety) Regulations 1998 and shall come into force on 9th November 1998.

(2) These Regulations shall not apply to any pencil, pen, brush, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) previously supplied before 1st August 1974.

Revocation

2.  The Pencils and Graphic Instruments (Safety) Regulations 1974(1) and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 1975(2) are revoked.

Interpretation

3.—(1) In these Regulations–

• “brush” does not include any brush which measures more than 12mm across the breadth of the end of the ferrule;

• “BS EN 71–3” means the British Standard Specification for the safety of toys – Part 3: migration of certain elements BS EN 71–3: 1995 published by the British Standards Institution on 15th June 1995(3);

• “paint” includes lacquer, varnish and other similar preparations;

• “soluble”, in relation to an element or compound contained in a coating or substance, means capable of being dissolved by the method described in the Schedule; and

• “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly(4).

(2) A reference in these Regulations to BS EN 71–3 is a reference to that standard as it has effect when these Regulations are made, provided that where that standard is amended or revised after these Regulations are made and the amendment or revision is approved by the Secretary of State, that reference shall be construed at any time after such approval as a reference to that standard as so amended or revised.

(3) For the purpose of these Regulations, BS EN 71–3 shall be read as though–

(a) it applied to the articles to which these Regulations apply; and

(b) every reference to 1,1,1–trichloroethane were a reference to n-heptane.

(4) The requirements of regulations 4(2) and 5(2) below shall be satisfied if the pencil, pen, brush, crayon, chalk or other article conforms to any standard or specification recognised for use in a member State of the European Economic Community or any other State within the European Economic Area, provided that conformity to such a standard or specification provides a level of safety at least equivalent to that which would be provided by compliance with those requirements, and any reference to those requirements shall be construed accordingly.

(5) Unless the contrary intention appears, any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Requirements relating to coatings of paint on pencils, pens and brushes

4.—(1) Subject to paragraph (3), no person shall supply a pencil, pen or brush which fails to satisfy the requirements of paragraph (2).

(2) The requirements of this paragraph are that a pencil, pen or brush shall not have any coating of paint which–

(a) contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by weight) of the element calculated as such exceeds 100mg/kg of that coating;

(b) contains soluble antimony or lead, or any soluble compound of antimony or lead, so that the proportion (by weight) of the element calculated as such exceeds 250mg/kg of that coating; or

(c) contains soluble barium, or any soluble compound of barium, so that the proportion (by weight) of the element calculated as such exceeds 1000mg/kg of that coating.

(3) Paragraph (1) shall not prohibit the supply of any pencil, pen or brush which fails to satisfy the requirements of paragraph (2) if, although it has a coating of paint which contains an element or compound referred to in paragraph (2), the element or compound contained in the coating is not capable of being dissolved by following the sample removal/preparation procedure in BS EN 71–3 appropriate to the coating in question.

Requirements relating to substances used in pencils, crayons, chalk and other similar articles

5.—(1) Subject to paragraph (3), no person shall supply a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2).

(2) The requirements of this paragraph are that a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) shall not consist of or contain any substance–

(a) in the form of a pencil-lead or stick; and

(b) intended to leave a trace of the substance when the pencil, crayon, chalk or other article is used for writing, drawing or marking,

which–

(i) contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by weight) of the element calculated as such exceeds 100mg/kg of that substance;

(ii) contains soluble antimony or lead, or any soluble compound of antimony or lead, so that the proportion (by weight) of the element calculated as such exceeds 250mg/kg of that substance; or

(iii) contains soluble barium, or any soluble compound of barium, so that the proportion (by weight) of the element calculated as such exceeds 1000mg/kg of that substance.

(3) Paragraph (1) shall not prohibit the supply of any pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2) if, although it consists of or contains a substance referred to in paragraph (2) which contains an element or compound also referred to in that paragraph, the element or compound contained in the substance is not capable of being dissolved by following the sample removal/preparation procedure in BS EN 71–3 appropriate to the substance in question.

Kim Howells

Parliamentary Under-Secretary of State for Competition and Consumer Affairs,

Department of Trade and Industry

26th September 1998