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SCHEDULE 3CLASSIFICATION PROVISIONS FOR PREPARATIONS DANGEROUS FOR SUPPLY

PART IICONCENTRATION LIMITS TO BE USED IN APPLYING THE CONVENTIONAL METHOD OF ASSESSING HEALTH EFFECTS IN ACCORDANCE WITH PART I OF THIS SCHEDULE WHERE NO SUCH LIMITS ARE GIVEN IN THE APPROVED SUPPLY LIST

An assessment must be made of the health effects that the use of a substance or a preparation might entail. For that purpose the dangerous health effects have been subdivided into:

1.

acute lethal effects;

2.

non-lethal irreversible effects after a single exposure;

3.

severe effects after repeated or prolonged exposure;

4.

corrosive effects, irritant effects;

5.

sensitizing effects;

6.

carcinogenic effects, mutagenic effects, toxic effects for reproduction.

The systematic assessment of the dangerous health effects is expressed by means of concentration limits, expressed as weight/weight percentage except for gaseous preparations (Tables A) where they are expressed as a volume/volume percentage and in conjunction with the classification of a substance.

The classification of the substance is expressed either by a symbol and one or more risk phrases or by categories (category 1, category 2 or category 3) also expressed by risk phrases when substances are shown to be carcinogenic, mutagenic or toxic for reproduction. Therefore it is important to consider, in addition to the symbol, all the phrases denoting specific risks which are assigned to each substance under consideration.

Acute lethal effects

Other than gaseous preparations

1.1  The concentration limits fixed in Table 1 determine the classification of the preparation in relation to the individual concentration of the substance(s) present whose classification is also shown.

TABLE I
Classification of the substanceClassification of the preparation
T+TXn

The R phrases denoting risk shall be assigned to the preparation in accordance with the following criteria:

  • the label shall include one or more of the above mentioned R phrases according to the classification used,

  • in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification.

T+ with R26, R27, R28concentration > 7%1% < concentration < 7%0.1% < concentration <1%
T with R23, R24, R25concentration > 25%3% < concentration < 25%
Xn R20, R21, R22concentration > 25% —

Gaseous preparations

1.2  The concentration limits expressed as a volume/volume percentage in Table 1A below determine the classification of the gaseous preparations in relation to the individual concentration of the gas(es) present whose classification is also shown.

TABLE 1A
Classification of the substance (gas)Classification of the preparation
T+TXn

The R phrases denoting risk shall be assigned to the preparation in accordance with the following criteria:

  • the label shall include one or more of the above mentioned R phrases according to the classification used,

  • in general, the R phrases selected should be those applicable to the substance(s) present in the concentration which gives rise to the most severe classification.

T+ with R26, R27, R28concentration > 1%0.2% < concentration < 1%0.02% > concentration <0.2%
T with R23, R24, R25concentration >5%0.5% < concentration < 5%
Xn with R20, R21, R22concentration > 5%

Non-lethal irreversible effects after a single exposure

Other than gaseous preparations

2.1  For substances that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, R40/route of exposure), the individual concentration limits specified in Table II determine, when appropriate, the classification of the preparation.

TABLE II
Classification of the substanceClassification of the preparation
T+TXn
(*)

In order to indicate the route of administration/exposure the combined R phrases listed in paragraphs 44, 45 and 46 of the approved classification and labelling guide shall be used.

(†)

R40 here refers to substances classified as harmful. Concentration limits for substances required to be labelled R40 but classified as carcinogenic or mutagenic are given in Table VI.

T+ with R39/route of exposureconcentration > 10% R39(*) obligatory1% < concentration < 10% R39(*) obligatory0.1% < concentration < 1% R40(*)(†) obligatory
T with R39/route of exposureconcentration > 10% R39(*) obligatory1% < concentration < 10% R40(*)(†) obligatory
Xn with R40/route of exposureconcentration > 10% R40(*)(†) obligatory

Gaseous preparations

2.2  For gases that produce non-lethal irreversible effects after a single exposure (R39/route of exposure, R40/route of exposure), the individual concentration limits specified in Table IIA, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

TABLE IIA
Classification of the substance (gas)Classification of the preparation
T+TXn
(*)

In order to indicate the route of administration/exposure the combined R phrases listed in paragraphs 44, 45 and 46 of the approved classification and labelling guide shall be used.

(†)

R40 here refers to substances classified as harmful. Concentration limits for substances required to be labelled R40 but classified as carcinogenic or mutagenic are given in Table VI.

T+ with R39/route of exposureconcentration > 1% R39(*) obligatory0.2% < concentration < 1% R39(*) obligatory0.02% < concentration < 0.2% R40(*)(†) obligatory
T with R39/route of exposureconcentration > 5% R39(*) obligatory0.5% < concentration < 5% R40(*)(†) obligatory
Xn with R40/route of exposureconcentration > 5% R40(*)(†) obligatory

Severe effects after repeated or prolonged exposure

Other than gaseous preparations

3.1  For substances that produce severe effects after repeated exposure (R48/route of exposure), the individual concentration limits specified in Table III determine, when appropriate, the classification of the preparation.

TABLE III
Classification of the substanceClassification of the preparation
TXn
(*)

In order to indicate the route of administration/exposure the combined R phrases listed in paragraphs 44, 45 and 46 of the approved classification and labelling guide shall be used.

T + with R48/route of exposureconcentration > 10% R48(*) obligatory1% < concentration < 10% R48(*) obligatory
Xn with R48/route of exposureconcentration > 10% R48(*) obligatory

Gaseous preparations

3.2  For gases that produce severe effects after repeated or prolonged exposure (R48/route of exposure), the individual concentration limits specified in Table IIIA below, e⅔ xpressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

TABLE IIIA
Classification of the substance (gas)Classification of the preparation
TXn
(*)

In order to indicate the route of administration/exposure the combined R phrases listed in paragraphs 44, 45 and 46 of the approved classification and labelling guide shall be used.

T + with R48/route of exposureconcentration > 5% R48(*) obligatory0.5% < concentration < 5% R48(*) obligatory
Xn with R48/route of exposureconcentration > 5% R48(*) obligatory

Corrosive and irritant effects including serious damage to eye

Other than gaseous preparations

4.1  For substances that produce corrosive effects (R34, R35) or irritant effects (R36, R37, R38, R41), the individual concentration limits specified in Table IV determine, when appropriate, the classification of the preparation.

Gaseous preparations

4.2  For gases that produce such effects (R34, R35 — or R36, R37, R38, R41), the individual concentration limits specified in Table IVA below, expressed as a volume/volume percentage determine, when appropriate, the classification of the preparation.

TABLE IV
Classification of the substanceClassification of the preparation
C with R35C with R34Xi with R41Xi with R36, R37, R38
(*)

According to the approved classification and labelling guide (paragraph 57) when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk phrase R41 does not need to be included. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).

Therefore when the formulae of paragraphs 11(b) and 13(b) of Part I of this Schedule are applied the following concentration limits must be used, unless different values are fixed in the approved supply list.

(a)

when formula 11(b) is applied the limit values for LXiR41 are:

  • 10% for the substances XiR41,

  • 10% for the substances C R34,

  • 5% for the substances C R35;

(b)

when the formula 13(b) is applied the limit values for LXiR36 are:

  • 20% for the substances Xi R36,

  • 5% for the substances Xi R41,

  • 5% for the substances C R34,

  • 1% for the substances C R35.

C with R35concentration > 10% R35 obligatory5% < concentration < 10% R34 obligatory(*)1% < concentration < 5% R36/38 obligatory
C with R34concentration > 10% R34 obligatory(*)5% < concentration < 10% R36/38 obligatory
Xi with R41concentration > 10% R41 obligatory5% < concentration < 10%
Xi with R36, R37, R38concentration > 20% R36, R37, R38 are obligatory in the light of the concentration present if they apply to the substances under consideration
TABLE IVA
Classification of the substance (gas)Classification of the preparation
C with R35C with R34Xi with R41Xi with R36, R37, R38
(*)

According to the approved classification and labelling guide (paragraph 57) when a substance or preparation is classified as corrosive and assigned the risk phrase R34 or R35, the risk phrase R41 does not need to be included. Consequently, if the preparation contains corrosive substances with R35 or R34 below the concentration limits for a classification of the preparation as corrosive, such substances can contribute to a classification of the preparation as irritant (R41) or irritant (R36).

Therefore when the formulae of paragraphs 11(b) and 13(b) of Part I of this Schedule are applied the following concentration limits must be used, unless different values are fixed in the approved supply list.

(a)

when formula 11(b) is applied the limit values for LXiR41 are:

  • 10% for the substances XiR41,

  • 10% for the substances C R34,

  • 5% for the substances C R35;

(b)

when the formula 13(b) is applied the limit values for LXiR36 are:

  • 20% for the substances Xi R36,

  • 5% for the substances Xi R41,

  • 5% for the substances C R34,

  • 1% for the substances C R35.

C with R35concentration > 1% R35 obligatory0.2% < concentration < 1% R34 obligatory(*)0.02% < concentration < 0.2% R37 obligatory
C with R34concentration > 5% R34 obligatory(*)0.5% < concentration < 5% R37 obligatory
Xi with R41concentration > 5% R41 obligatory0.5% < concentration < 5% R36 obligatory
Xi with R36, R37, R38concentration < 5% R41 obligatoryconcentration < 5% R36, R37, R38 obligatory as appropriate

Sensitizing effects

Other than gaseous preparations

5.1  Substances that produce such effects are classified as sensitizing and assigned:

The individual concentration limits specified in Table V determine, when appropriate, the classification of the preparation.

TABLE V
Classification of the substanceClassification of the preparation
Sensitizing with R42Sensitizing with R43
Sensitizing with R42concentration > 1% R42 obligatory
Sensitizing with R43concentration >1% R43 obligatory
Sensitizing with R42/43concentration > 1% R42/43 obligatory

Gaseous preparations

5.2  Gases that produce such effects are classified as sensitizing and assigned:

The individual concentration limits specified in Table VA below, expressed as a volume/volume percentage, determine, when appropriate, the classification of the preparation.

TABLE VA
Classification of the substance (gas)Classification of the preparation
Sensitizing with R42Sensitizing with R43
Sensitizing with R42concentration > 0.2% R42 obligatory
Sensitizing with R42/43concentrationf0.2% R42/43 obligatory

Carcinogenic/mutagenic/toxic effects for reproduction

Other than gaseous preparations

6.1  For substances which produce such effects and for which specific concentration limits do not yet appear in the approved supply list, concentration limits laid down in Table VI shall determine, where appropriate, the classification of the preparation.

TABLE VI
Classification of the substanceClassification of the preparation
Categories 1 and 2Category 3
(*)

R40 here refers to substances classified as carcinogenic or mutagenic. Concentration limits for substances required to be labelled R40 but classified as harmful are given in Table II.

Carcinogenic substances of category 1 or 2 with R45 or R49> 0.1% carcinogenic R45, R49 obligatory as appropriate
Carcinogenic substances of category 3 with R40(*)> 1% carcinogenic R40(*) obligatory
Mutagenic substances of category 1 or 2 with R46> 0.1% mutagenic R46 obligatory
Mutagenic substances of category 3 with R40(*)> 1% mutagenic R40(*) obligatory
Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)> 0.5% toxic for reproduction (fertility) R60 obligatory
Substances “toxic for reproduction” of category 3 with R62 (fertility)> 5% toxic for reproduction (fertility) R62 obligatory
Substances “toxic for reproduction” of category 1 or 2 with R61 (development)> 0.5% toxic for reproduction (development) R61 obligatory
Substances “toxic for reproduction” of category 3 with R63 (development)> 5% toxic for reproduction (development) R63 obligatory

Gaseous preparations

6.2  For gases which produce such effects and for which specific concentration limits do not yet appear in the approved supply list, concentration limits laid down in Table VIA, expressed as a volume/volume percentage, shall determine, where appropriate, the classification of the preparation.

TABLE VIA
Classification of the substance (gas)Classification of the preparation
Categories 1 and 2Category 3
(*)

R40 here refers to substances classified as carcinogenic or mutagenic. Concentration limits for substances required to be labelled R40 but classified as harmful are given in Table IIA.

Carcinogenic substances of category 1 or 2 with R45 or R49> 0.1% carcinogenic R45, R49 obligatory as appropriate
Carcinogenic substances of category 3 with R40(*)> 1% carcinogenic R40(*) obligatory
Mutagenic substances of category 1 or 2 with R46> 0.1% mutagenic R46 obligatory
Mutagenic substances of category 3 with R40(*)> 1% mutagenic R40(*) obligatory
Substances “toxic for reproduction” of category 1 or 2 with R60 (fertility)> 0.2% toxic for reproduction (fertility) R60 obligatory
Substances “toxic for reproduction” of category 3 with R62 (fertility)> 1% toxic for reproduction (fertility) R62 obligatory
Substances “toxic for reproduction” of category 1 or 2 with R61 (development)> 0.2% toxic for reproduction (development) R61 obligatory
Substances “toxic for reproduction” of category 3 with R63 (development)> 1% toxic for reproduction (development) R63 obligatory