The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 424

Health And Safety

The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2008

Made

22nd October 2008

Coming into operation

28th November 2008

The Department of Enterprise, Trade and Investment(1), being the Department concerned(2) makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(3) and Articles 17(1) to (6)(4) and 55(2) of, and paragraphs 1(1), (4) and (5), 2(2), 14(1) and 15 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978(5).

The Department was designated(6) for the purposes of the said section 2(2) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, and for measures relating to consumer protection.

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)(7) of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)(8).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 28th November 2008.

(2) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

2.—(1) The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(10) shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1)—

(a) for the definition of “the approved classification and labelling guide” substitute—

““the approved classification and labelling guide” means the guide approved by the Executive for the purposes of these Regulations and entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16^th April 2002(11), as revised or re-issued from time to time;”; and

(b) for the definition of “the approved supply list” substitute—

““the approved supply list” means the document approved by the Executive for the purposes of these Regulations and entitled “Information Approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26^th July 2005(12), as revised or re-issued from time to time;”.

(3) In regulation 8A(4) after “this regulation” add “and regulation 9(2)”.

(4) Regulation 9 shall be amended as follows—

(a) in paragraph (2) for “regulation 8A” substitute “paragraph (2A)”; and

(b) after paragraph (2) add—

“(2A) Where a package would be required to be labelled and marked in accordance with any of the national or international transport rules listed in regulation 8A(4) and the package consists of one or more receptacles in outer packagings, it shall be sufficient compliance with paragraph (2) if the package shows the labels and markings required by whichever of the national or international rules is appropriate.”.

(5) Schedule 3 shall be amended as follows—

(a) in Part I omit paragraph 19(2);

(b) in Part II Tables II and IIA omit in both footnotes marked with a dagger “carcinogenic or”;

(c) for Part II Table VI substitute the Table VI set out in Schedule 1 to these Regulations;

(d) for Part II Table VIA substitute the Table VIA set out in Schedule 1 to these Regulations;

(e) for Part III Tables 1 and 2 substitute Tables 1a, 1b and 2 set out in Schedule 2 to these Regulations; and

(f) for Part III Table 5 substitute the Table set out in Schedule 3 to these Regulations.

(6) For Part II of Schedule 5 substitute the Part set out in Schedule 4 to these Regulations.

Amendments to the Control of Major Accident Hazards Regulations (Northern Ireland) 2000

3.—(1) The Control of Major Accident Hazards Regulations (Northern Ireland) 2000(13) shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1), after the definition of “the Directive”, insert the following definition—

““the district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972(14);”.

(3) For regulation 20(6) substitute the following paragraphs—

“(6) Notwithstanding the Health and Safety (Enforcing Authority) Regulations (Northern Ireland)1999(15), the Executive shall, for the purposes of the 1978 Order, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below.

(7) The responsibility, for the purposes of the 1978 Order, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the district council, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except—

(a) at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(b) where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or

(c) where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.

(8) A transfer may be made only by agreement between the Executive and the district council.

(9) Where a transfer has been made, the district council shall cause notice of the transfer to be given to persons affected by it.”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 22nd October 2008.

M. Bohill

A senior officer of the Department of Enterprise, Trade and Investment

Regulation 2(5)(c) and (d)

SCHEDULE 1 TABLES TO BE SUBSTITUTED FOR TABLES VI AND VIA OF SCHEDULE 3 TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

“Table VI

Classification of the substance	Classification of the preparation
	Categories 1 and 2	Category 3
(*) In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
(**) R68 here refers to substances classified as mutagenic. Concentration limits for substances required to be labelled R68 but classified as harmful are given in Table II.
Carcinogenic substances of category 1 or 2 with R45 or R49	Concentration ≥ 0.1% carcinogenic R45, R49 obligatory as appropriate
Carcinogenic substances of category 3 with R40		Concentration ≥ 1% carcinogenic R40 obligatory (unless already assigned R45(*))
Mutagenic substances of category 1 or 2 with R46	Concentration ≥ 0.1% mutagenic R46 obligatory
Mutagenic substances of category 3 with R68(**)		Concentration ≥ 1% mutagenic R68(**) obligatory (unless already assigned R46)
Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)	Concentration ≥ 0.5% toxic for reproduction (fertility) R60 obligatory
Substances “toxic for reproduction” of category 3 with R62 (fertility)		Concentration ≥ 5% toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)
Substances “toxic for reproduction” of category 1 or 2 with R61 (development)	Concentration ≥ 0.5% toxic for reproduction (development) R61 obligatory
Substances “toxic for reproduction” of category 3 with R63 (development)		Concentration ≥ 5% toxic for reproduction (development) R63 obligatory (unless already assigned R61)

Table VIA

Classification of the substance (gas)	Classification of the gaseous preparation
	Categories 1 and 2	Category 3
(*) In cases where the preparation is assigned R49 and R40, both R phrases shall be kept, because R40 does not distinguish between the exposure routes, whereas R49 is only assigned for the inhalation route.
(**) R68 here refers to substances classified as mutagenic. Concentration limits for substances required to be labelled R68 but classified as harmful are given in Table IIA.”
Carcinogenic substances of category 1 or 2 with R45 or R49	Concentration ≥ 0.1% carcinogenic R45, R49 obligatory as appropriate
Carcinogenic substances of category 3 with R40		Concentration ≥ 1% carcinogenic R40 obligatory (unless already assigned R45(*))
Mutagenic substances of category 1 or 2 with R46	Concentration ≥ 0.1% mutagenic R46 obligatory
Mutagenic substances of category 3 with R68(**)		Concentration ≥ 1% mutagenic R68(**) obligatory (unless already assigned R46)
Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)	Concentration ≥ 0.2% toxic for reproduction (fertility) R60 obligatory
Substances “toxic for reproduction” of category 3 with R62 (fertility)		Concentration ≥ 1% toxic for reproduction (fertility) R62 obligatory (unless already assigned R60)
Substances “toxic for reproduction” of category 1 or 2 with R61 (development)	Concentration ≥ 0.2% toxic for reproduction (development) R61 obligatory
Substances “toxic for reproduction” of category 3 with R63 (development)		Concentration ≥ 1% toxic for reproduction (development) R63 obligatory (unless already assigned R61)

Regulation 2(5)(e)

SCHEDULE 2 TABLES TO BE SUBSTITUTED FOR TABLES 1 AND 2 IN PART III OF SCHEDULE 3 TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

“Table 1a

Acute aquatic toxicity and long-term adverse effects

Classification of the substance	Classification of the preparation
	N, R50-53	N, R51-53	R52-53
For preparations containing a substance classified with N, R50-53, the concentration limits and the resulting classification given in table 1b are applicable.
N, R50-53	see Table 1b	see Table 1b	see Table 1b
N, R51-53		Cn ≥ 25%	2.5% ≤ Cn < 25%
R52-53			Cn ≥ 25%

Table 1b

Acute aquatic toxicity and long-term adverse effects of substances very toxic to the aquatic environment

LC50 or EC50 value (“L(E)C50”) of substance classified as N, R50-53 (mg/l)	Classification of the preparation
	N, R50-53	N, R51-53	R52-53
For preparations containing substances with a lower LC50 or EC50 value than 0.00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).
0.1 < L(E)C50 ≤ 1	Cn ≥ 25%	2.5% ≤ Cn < 25%	0.25% ≤ Cn < 2.5%
0.01 < L(E)C50 ≤ 0.1	Cn ≥ 2.5%	0.25% ≤ Cn < 2.5%	0.025% ≤ Cn < 0.25%
0.001 < L(E)C50 ≤ 0.01	Cn ≥ 0.25%	0.025% ≤ Cn < 0.25%	0.0025% ≤ Cn < 0.025%
0.0001 < L(E)C50 ≤ 0.001	Cn ≥ 0.025%	0.0025% ≤ Cn < 0.025%	0.00025% ≤ Cn < 0.0025%
0.00001 < L(E)C50 ≤ 0.0001	Cn ≥ 0.0025%	0.00025% ≤ Cn < 0.0025%	0.000025% ≤ Cn < 0.00025%

Table 2

Acute aquatic toxicity

LC50 or EC50 value (“L(E)C50”) of substance classified either as N, R50 or as N,R50-53 (mg/l)	Classification of the preparation N, R50
For preparations containing substances with a lower LC50 or EC50 value than 0.00001 mg/l, the corresponding concentration limits are calculated accordingly (in factor 10 intervals).”
0.1 < L(E)C50 ≤ 1	Cn ≥ 25%
0.01 < L(E)C50 ≤ 0.1	Cn ≥ 2.5%
0.001 < L(E)C50 ≤ 0.01	Cn ≥ 0.25%
0.0001 < L(E)C50 ≤ 0.001	Cn ≥ 0.025%
0.00001 < L(E)C50 ≤ 0.0001	Cn ≥ 0.0025%

Regulation 2(5)(f)

SCHEDULE 3 TABLE TO BE SUBSTITUTED FOR TABLE 5 IN PART III OF SCHEDULE 3 TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

“Table 5

Dangerous for the ozone layer

Classification of the substance	Classification of preparation N, R59
N with R59	Cn ≥ 0.1%”

Regulation 2(6)

SCHEDULE 4 PART TO BE SUBSTITUTED FOR PART II OF SCHEDULE 5 TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

“PART II PARTICULAR PROVISIONS CONCERNING CERTAIN PREPARATIONS

A SPECIAL PROVISIONS FOR DANGEROUS PREPARATIONS

Dangerous preparations to be supplied to the general public

1.— (1) The label on the packaging of dangerous preparations intended to be supplied to the general public must in addition to the relevant safety advice bear the relevant safety phrase S1, S2, S45 or S46 in accordance with the approved classification and labelling guide.

(2) When the dangerous preparations referred to in sub-paragraph (1) are classified as very toxic, toxic or corrosive and where it is physically impossible to give the information on the package itself, packages containing such preparations must be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

Dangerous preparations intended for use by spraying

2.   The label on the packaging containing dangerous preparations intended to be used for spraying shall bear the safety phrase S23 and safety phrase S38 or S51 assigned in accordance with the approved classification and labelling guide.

Dangerous preparations containing a substance affected by the risk phrase R33 (danger of cumulative effects)

3.   When a dangerous preparation contains at least one substance required to show the risk phrase R33, that phrase must be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in the approved supply list.

Dangerous preparations containing a substance affected by the risk phrase R64 (may cause harm to breast-fed babies)

4.   When a dangerous preparation contains at least one substance required to show the risk phrase R64, that phrase must be shown on the label on the packaging of the dangerous preparation when the concentration of that substance is equal to or higher than 1% unless a different value is shown for that substance in the approved supply list.

B SPECIAL PROVISIONS APPLYING TO ANY PREPARATION

Paints and varnishes containing lead

1.— (1) The label on the packaging of paints and varnishes containing lead in quantities exceeding 0.15% (expressed as weight of lead out of the total weight of the preparation and determined in accordance with ISO Standard 6503/1984) shall bear the following inscription—

“Contains lead. Should not be used on surfaces that are liable to be chewed or sucked by children.”.

(2) In the case of packages containing less than 125 millilitres of the preparations referred to in sub-paragraph (1), the inscription on the label may be—

“Warning! Contains lead.”.

Cyanoacrylate based adhesives

2.— (1) The label on the immediate packaging of glues based on cyanoacrylates shall bear the following inscriptions—

“Cyanoacrylate.

Danger.

Bonds skin and eyes in seconds.

Keep out of the reach of children.”

(2) Appropriate safety advice shall accompany the package.

Preparations containing isocyanates

3.   The label on the packaging of preparations containing isocyanates (whether as monomers, oligomers, prepolymers etc. or as mixtures thereof) shall bear the following inscriptions—

“Contains isocyanates.

See information supplied by the manufacturer.”.

Certain preparations containing epoxy constituents

4.   The label on the packaging of preparations containing epoxy constituents with an average molecular weight ≤700 shall bear the following inscriptions—

“Contains epoxy constituents.

See information supplied by the manufacturer.”.

Preparations intended to be sold to the general public that contain active chlorine

5.   The label on the packaging of preparations containing more than 1% of active chlorine which are intended to be sold to the general public shall bear the following inscription—

“Warning! Do not use together with other products. May release dangerous gases (chlorine).”.

Preparations containing cadmium (alloys) intended to be used for brazing or soldering

6.   The label on the packaging of preparations containing cadmium (alloys) intended to be used for brazing or soldering shall bear the following inscriptions—

“Warning! Contains cadmium.

Dangerous fumes are formed during use.

See information supplied by the manufacturer.

Comply with the safety instructions.”.

Preparations containing substances not yet tested completely

7.   Where a preparation contains at least one substance which, in accordance with regulation 6(7) of the Notification of New Substances Regulations (Northern Ireland) 1994(16), bears the inscription “Caution – substance not yet fully tested”, the label on the packaging of the preparation must bear the inscription “Warning – this preparation contains a substance not yet tested completely” if that substance is present in a concentration ≥1%.

Preparations not classified as sensitising but containing at least one sensitising substance

8.   The label on the packaging of preparations containing at least one substance classified as sensitising and being present in a concentration ≥0.1% or in a concentration greater than or equal to that specified under a specific note for the substance in the approved supply list must bear the inscription—

“Contains (name of sensitising substance). May produce an allergic reaction.”.

Liquid preparations containing halogenated hydrocarbons

9.   For liquid preparations which show no flashpoint or a flashpoint higher than 55°C and contain a halogenated hydrocarbon and more than 5% flammable or highly flammable substances, the label on the packaging must bear the following inscription as appropriate—

“Can become highly flammable in use.” or

“Can become flammable in use.”.

Preparations containing a substance assigned the risk phrase R67

10.   When a preparation contains one or more substances assigned the risk phrase R67, the label on the packaging of the preparation must bear the following inscription—

“Vapours may cause drowsiness and dizziness.”,

when the total concentration of such substances present in the preparation is ≥15%, unless:

• the preparation is already classified with phrases R20, R23, R26, R68/20, R39/23 or R39/26, or

• the preparation is in a package not exceeding 125 ml.

Cement and cement preparations

11.— (1) The label on the packaging of any cement or cement preparation which would contain, when hydrated, more than 0.0002% soluble chromium (VI) of the total dry weight of the cement but for the use of reducing agents shall be marked with information on the packing date, and on the storage conditions and storage period appropriate to maintaining the activity of the reducing agent and to preventing the content of soluble chromium (VI) from exceeding 0.0002% of the total dry weight of the cement, unless it is supplied or used for controlled, closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.

(2) The label on the packaging of any cement or cement preparation containing more than 0.0002% soluble chromium (VI) of the total dry weight of the cement shall bear the inscription:

“Contains chromium (VI). May produce an allergic reaction.”,

unless the preparation is already classified and labelled as a sensitiser with phrase R43.

C SPECIAL PROVISIONS APPLYING TO CERTAIN OTHER PREPARATIONS

Preparations not intended for the general public

12.   The label on the packaging of a preparation of the type specified in regulation 5(3) must bear the following inscription

“Safety data sheet available for professional user on request.”.”

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations correct certain errors in the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 301, as amended by S.R. 2005 No. 165, S.R. 2005 No. 463, S.R. 2006 No. 173, S.R. 2006 No. 425, S.I. 2007/386 and S.I. 2008/2108) (“the principal Regulations”) in transposing provisions of—

(a) Council Directive 1992/32/EEC (O.J. No. L154, 5.6.92, p.1) amending for the 7th time Council Directive 67/548/EEC (O.J. No. L196, 16.8.67, p.1) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances; and

(b) Council Directive 1999/45/EC (O.J. No. L200, 30.7.99, p.1) on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”), concerning the labelling of single receptacles and receptacles in outer packagings where the national and international transport rules also apply.

2.  These Regulations—

(a) correct a cross-reference in regulation 9(2) of the principal Regulations (regulation 2(4)(a));

(b) amend the principal Regulations in accordance with the provisions of Commission Directive 2006/8/EC (O.J. No. L19, 24.1.2006 p.12) amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to the preparations Directive (regulation 2(5) and (6)); and

(c) amend the Control of Major Accident Hazards Regulations (Northern Ireland) 2000 (S.R. 2000 No. 93) to provide for the Health and Safety Executive for Northern Ireland to be the enforcing authority except in the circumstance provided for (regulation 3).

3.  In Great Britain the corresponding Regulations are the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 (S.I. 2008/2337). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in respect of these Regulations and a copy of that assessment together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services, see S.I. 1982/846 (N.I. 11), Article 3

(2)

See Article 2(2) of S.I. 1978/1039 (N.I. 9)

(3)

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)

(4)

Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

(5)

S.I. 1978/1039 (N.I. 9), the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 2, paragraph 19

(6)

S.I. 1976/897 and S.I. 1993/2661

(7)

Article 13(1) was inserted by S.I. 1998/2795 (N.I. 18), Article 4

(8)

Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)

(9)

1954 c. 33 (N.I.)

(10)

S.R. 2002 No. 301 as amended by S.R. 2005 No. 165, S.R. 2005 No. 463, S.R. 2006 No. 173, S.R. 2006 No. 425, S.I. 2007/386 and S.I. 2008/2108

(11)

ISBN 0717623696

(12)

ISBN 0717661385

(13)

S.R. 2000 No. 93 as amended by S.R. 2005 No. 305

(14)

1972 c. 9 (N.I.)

(15)

S.R. 1999 No. 90 as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31 and S.R. 2007 No. 291

(16)

S.R. 1994 No. 6 as amended by S.R 1995 No. 60, S.R. 1996 No. 159, S.R. 1997 No. 234, S.R. 1998 No. 125, S.R. 1999 No. 150, S.R. 2000 No. 375, S.R. 2001 No. 422, S.R. 2003 No. 36, S.R. 2006 No. 173 and S.I. 2008/2108