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

Safety data sheets for substances and preparations dangerous for supply

6.—(1) Subject to paragraphs (2) and (5), the supplier of a substance or preparation dangerous for supply shall provide the recipient of that substance or preparation with a safety data sheet containing information under the headings specified in Schedule 5 to enable the recipient of that substance or preparation to take the necessary measures relating to the protection of health and safety at work and relating to the protection of the environment and the safety data sheet shall clearly show its date of first publication or latest revision, as the case may be.

(2) In this regulation “supply” shall not include supply by way of—

(a) offer for sale;

(b) transfer from a factory, warehouse or another place of work and its curtilage to another place of work in the same ownership; or

(c) returning substances or preparations to the person who supplied them, providing that the properties of that substance or preparation remain unchanged.

(3) The supplier shall keep the safety data sheet up to date and revise it forthwith if any significant new information becomes available regarding safety or risks to human health or the protection of the environment in relation to the substance or preparation concerned and the revised safety data sheet shall be clearly marked with the word “revision”.

(4) Except in circumstances to which paragraph (5) relates, the safety data sheet shall be provided free of charge no later than the date on which the substance or preparation is first supplied to the recipient and where the safety data sheet has been revised in accordance with paragraph (3), a copy of the revised safety data sheet shall be provided free of charge to all recipients who have received the substance or preparation in the last 12 months and the changes in it shall be brought to their notice.

(5) Safety data sheets need not be provided with substances or preparations dangerous for supply sold to the general public in circumstances to which regulation 16(2)(a) or (b) applies (relating to supply from a shop etc.) if sufficient information is furnished to enable users to take the necessary measures as regards the protection of health and safety, except that safety data sheets shall be provided free of charge at the request of persons who intend the substance or preparation to be used at work, but in those circumstances paragraph (4) (in so far as it relates to the subsequent provision of revised data sheets) shall not apply to such requests.

(6) The particulars required to be given in the safety data sheets shall be in English, except that where a substance or preparation is intended to be supplied to a recipient in another member State, the safety data sheet may be in an official language of that State.