The Dangerous Substances and Preparations (Safety) Regulations 2006

Carcinogens, mutagens and substances toxic for reproduction

5.—(1) Schedule 2 list the substances which are classified as—

(a) carcinogenic of category 1 or 2 (shown as category C1 or C2),

(b) mutagenic of category 1 or 2 (shown as category M1 or M2),

(c) toxic for reproduction of category 1 or 2 (shown as category R1 or R2).

(2) No person shall supply to a member of the general public or supply to a person for the purposes of sale to the general public a substance or a preparation containing a substance which is listed in Schedule 2 and which is required under the CHIP Regulations—

(a) in the case of substances in categories C1 or C2 to be labelled “toxic (T)” or “very toxic (T+)” together with standard risk phrase R45 (“may cause cancer”) or R49 (“may cause cancer by inhalation”);

(b) in the case of substances in categories M1 or M2 to be labelled with standard risk phrase R46 (“may cause heritable genetic damage”); or

(c) in the case of substances in categories R1 or R2 to be labelled with standard risk phrase R60 (“may impair fertility”) or R61 (“may cause harm to the unborn child”) or both R60 and R61,

or which would be required to be so labelled but for an exception in the CHIP Regulations, where the concentration of the substance is greater than or equal to the prescribed concentration for that substance.

(3) This regulation does not apply to—

(a) a medicinal product,

(b) a veterinary product,

(c) a cosmetic product,

(d) motor fuel which complies with the relevant requirements of regulation 3 of the Motor Fuel (Composition and Content) Regulations 1999,

(e) a mineral oil product intended for use as fuel in a mobile or fixed combustion plant,

(f) fuel sold in a closed system, and

(g) artists' paint.