The Chemicals (Hazard Information and Packaging) Regulations 1993

Labelling of substances and preparations dangerous for supply

9.—(1) Subject to paragraphs (4) to (9) and regulations 11 and 12, a supplier shall not supply a substance or preparation which is dangerous for supply unless the particulars specified in paragraph (2) relating to a substance or in paragraph (3) relating to a preparation, as the case may be, are clearly shown in accordance with the requirements of regulation 14—

(a) on the receptacle containing the substance or 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 the use of the substance, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.

(2) The particulars required under paragraph (1) in relation to a substance dangerous for supply shall be—

(a) the name and full address and telephone number of a person in a member State who is responsible for supplying the substance, whether it be its manufacturer, importer or distributor; and

(b) the name of the substance, being the name or one of the names for the substance listed in Part I of the approved supply list, or if it is not so listed an internationally recognised name;

(c) the following particulars ascertained in accordance with Part I of Schedule 7, namely—

(i) the indication or indications of danger and the corresponding symbol or symbols (if any),

(ii) the risk phrases,

(iii) the safety phrases, and

(iv) the EEC number (if any), and, in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, the words “EEC label”.

(3) The particulars required under paragraph (1) in relation to a preparation dangerous for supply shall be—

(a) the name and full address and telephone number of a person in a member State who is responsible for supplying the preparation, whether it be its manufacturer, importer or distributor; and

(b) the trade name or other designation of the preparation;

(c) the following particulars ascertained in accordance with Part I of Schedule 7, namely—

(i) identification of the constituents of the preparation which result in the preparation being classified as dangerous for supply,

(ii) the indication or indications of danger and the corresponding symbol or symbols (if any),

(iii) the risk phrases,

(iv) the safety phrases,

(v) in the case of a pesticide, the modified information specified in paragraph 5 of Part I of Schedule 7, and

(vi) in the case of a preparation intended for sale to the general public, the nominal quantity (nominal mass or nominal volume).

(4) Indications such as “non-toxic” or “non-harmful” or any other statement indicating that the substance is not dangerous for supply shall not appear on the label.

(5) Labelling under this regulation shall not be required for a gas which is or has been compressed, liquefied or dissolved under pressure, except that this regulation shall apply to such a gas which is—

(a) a preparation;

(b) in an aerosol dispenser; or

(c) a pesticide.

(6) Except for the outermost packaging of a package in which a substance or preparation is transferred, labelling in accordance with this regulation shall not be required where a substance or preparation dangerous for supply is supplied by way of transfer from a factory, warehouse or other place of work and its curtilage to another place of work, if, at that other place of work it is not subject to any form of manipulation, treatment or processing which results in the substance or preparation dangerous for supply being exposed or, for any purpose other than labelling in accordance with these Regulations, results in any receptacle containing the substance being removed from its outer packaging.

(7) Except in the case of a substance or preparation dangerous for supply for which the indication of danger is required to be explosive, very toxic or toxic, labelling under this regulation shall not be required for such small quantities of that substance or preparation if there is no reason to fear danger to persons handling that substance or preparation or to other persons.

(8) Where, in the case of a substance or preparation dangerous for supply, other than a pesticide, the package in which the substance or preparation is supplied does not contain more than 125 millilitres of the substance or preparation, the risk phrases required by paragraph (2)(c)(ii) or (3)(c)(iii), and the safety phrases required by paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, need not be shown unless the substance or preparation is one for which the indication of danger is required to be explosive, very toxic, toxic, corrosive or extremely flammable or, in the case of substances or preparations intended to be supplied to the public, harmful.

(9) Where, because of the size of the label, it is not reasonably practicable to provide the safety phrases required under paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, on the label, that information may be given on a separate label or on a sheet accompanying the package.