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9. (1) In the case of preparations to which Part II of Schedule 5 applies the appropriate provisions of that Part shall have effect to regulate the labelling of such preparations.
(2) Subject to regulations 9 and 10 of the CDGCPL Regulations (which allow combined carriage and supply labelling in certain circumstances), no person shall supply a preparation to which section B or C of Part II of Schedule 5 applies unless the trade name or other designation of that preparation and the name, full address and telephone number of a person in an EEA State who is responsible for supplying that preparation (whether he be its manufacturer, importer or distributor) are clearly shown in accordance with the requirements of regulation 10—
(a)on the receptacle containing that preparation; and
(b)if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be the outermost layer of packaging during the supply or use of that preparation, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.
(3) The supplier of an aerosol dispenser which contains a dangerous substance or dangerous preparation which has been classified in the category of danger “flammable”, “highly flammable” or “extremely flammable” may choose to omit from the label—
(a)in the case of a dangerous substance, the particulars referred to in paragraphs (i) to (iii) of regulation 8(2)(c) which relate to that category of danger; and
(b)in the case of a dangerous preparation, the particulars referred to in paragraphs (ii) to (iv) of regulation 8(3)(c) which relate to that category of danger,
provided the conditions specified in paragraph (4) are satisfied.
(4) The conditions referred to in paragraph (3) are that the supplier—
(a)is in possession of evidence which shows that the contents of the aerosol dispenser do not present a risk of ignition under normal or reasonably foreseeable conditions of use; and
(b)identifies the quantity of flammable material contained in the aerosol dispenser in the form of the following inscription on the label—
“X% by mass of the contents are flammable”.
(5) In the case of a plant protection product approved under the Plant Protection Products Regulations or a product approved under the Control of Pesticides Regulations 1986(1), the labelling information required by these Regulations shall be accompanied by the wording “To avoid risks to man and the environment, comply with the instructions for use”.
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