The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

Application of these Regulations

3.—(1) These Regulations shall apply to any substance or preparation which is dangerous for supply except—

(a) a substance or preparation which is dangerous by reason that it is a radioactive substance within the meaning of the Ionising Radiations Regulations 1985(1) but is not otherwise dangerous for supply;

(b) a substance or preparation which is—

(i) intended for use as an animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970(2), and

(ii) in a finished state intended for the final user;

(c) a cosmetic product within the meaning of regulation 2(1) of the Cosmetic Products (Safety) Regulations 1989(3) (including any aerosol dispenser containing a cosmetic product);

(d) a substance or preparation which is—

(i) intended for use as a medicinal product within the meaning of section 130 of the Medicines Act 1968(4), or

(ii) a substance or preparation specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance or preparation as such provisions have effect in relation to medicinal products within the meaning of that Act;

(e) a substance or preparation which is a controlled drug within the meaning of the Misuse of Drugs Act 1971(5) except that these Regulations shall apply to drugs which are excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by regulations made under section 7(1)(a) of that Act;

(f) a substance or preparation which is dangerous by reason that it contains disease producing micro-organisms but is not otherwise dangerous for supply;

(g) a substance or preparation which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;

(h) munitions, and preparations which are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect;

(i) a substance or preparation which is—

(i) intended for use as food within the meaning of section 1 of the Food Safety Act 1990(6), and

(ii) in a finished state intended for the final user;

(j) a substance or preparation which is under customs control;

(k) subject to Council Regulation EC 2455/92(7) on the export notification and information exchange of dangerous substances, a substance or preparation which is intended for export to a country which is not a member State;

(l) a pesticide which has been approved under the Food and Environment Protection Act 1985(8);

(m) a substance or preparation which is transferred from a factory, warehouse or other place of work and its curtilage to another place of work in the same ownership and in the immediate vicinity;

(n) a substance to which paragraph (7) of regulation 6 of the Notification of New Substances Regulations 1993 applies (including new substances not yet fully tested) which is labelled in accordance with the provisions of that paragraph; or

(o) substances, preparations and mixtures thereof in the form of wastes which are covered by Council Directives 91/156/EEC(9) and 91/689/EEC(10).

(2) Regulations 8 to 12 shall only apply to substances or preparations dangerous for supply which are supplied in packages.

(3) Regulations 8 to 12 shall not apply to—

(a) substances which are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect; or

(b) propane, butane or liquefied petroleum gas.

(4) Paragraph (3) of regulation 9, paragraph (1) of regulation 10 and paragraph (3) of regulation 12 shall notwithstanding paragraph (1) apply to the preparations referred to in those paragraphs (unless expressly otherwise provided for) whether or not those preparations would otherwise be dangerous for supply within the meaning of regulation 2(1).

(5) Where a substance or preparation dangerous for supply has been imported for delivery to its importer at his place of work, the provisions of these Regulations which relate to the labelling of that substance or preparation shall not apply until ten days after it has been delivered to the importer, if during that period it is not—

(a) supplied to any other person; or

(b) subjected to any form of manipulation, treatment or processing which results in the substance or preparation being exposed, or for any purpose (other than labelling in accordance with these Regulations) which results in any receptacle containing the substance or preparation being removed from its outer packaging.

(6) These Regulations shall not extend to Northern Ireland.

(1)

S.I. 1985/1333.

(2)

1970 c. 40; section 66(1) was modified by S.I. 1991/2840.

(3)

S.I. 1989/2233.

(4)

1968 c. 67.

(5)

1971 c. 38.

(6)

1990 c. 16.

(7)

OJ No. L 251, 29.8.92, p. 13.

(8)

1985 c. 48.

(9)

OJ No. L 78, 26.3.91, p. 32.

(10)

OJ No. L 377, 31.12.91, p. 20.