The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

Interpretation E+W+S

2.—(1) In these Regulations,—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;

• “the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16th April 2002;

• “the approved supply list” means the document entitled “Information Approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Seventh Edition)” approved by the Health and Safety Commission on 16th April 2002;

• “category of danger” means, in relation to a dangerous substance or dangerous preparation, one of the categories of danger specified in column 1 of Schedule 1;

• “the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 M1 ;

• “Community workplace exposure limit” means, in respect of a substance, an exposure limit for that substance established in a Community instrument;

• “dangerous preparation” means a preparation which is in one of or more of the categories of danger specified in column 1 of Schedule 1;

• “dangerous substance” means a substance—

  (a)

  which is listed in the approved supply list; or

  (b)

  if it is not so listed, which is in one or more of the categories of danger specified in column 1 of Schedule 1;

• “EC number” means—

  (a)

  in the case of a dangerous substance that appears in the approved supply list, the EC number specified in that list;

  (b)

  in the case of a dangerous substance that is not included in the approved supply list or for which an EC number is not given in that list, the number for that substance specified in EINECS; or

  (c)

  in the case of a dangerous substance that is a new substance within the meaning of the NONS Regulations, the number for that substance listed in ELINCS;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 M2 and adopted as respects the United Kingdom by the European Economic Area Act 1993 M3 ;

• “EEA State” means a state which is a contracting party to the EEA Agreement;

• “EINECS” means the European Inventory of Existing Commercial Chemical Substances M4 ;

• “ELINCS” means the European List of Notified Chemical Substances M5 as revised or re-issued from time to time;

• “enforcing authority” shall be construed in accordance with regulation 14;

• “the Executive” means the Health and Safety Executive;

• “indication of danger” means, in relation to a dangerous substance or dangerous preparation, one or more of the indications of danger referred to in column 1 of Schedule 2 and—

  (a)

  in the case of a dangerous substance listed in the approved supply list, it is one or more of the indications of danger specified for that substance by a symbol-letter in that list;

  (b)

  in the case of any other dangerous substance or a dangerous preparation, it is one or more indications of danger determined in accordance with the classification of that substance or preparation in accordance with regulation 4 and the approved classification and labelling guide;

• “the NONS Regulations” means the Notification of New Substances Regulations 1993 M6 ;

• “plant protection product” has the same meaning as it has in regulation 2(1) of the Plant Protection Products Regulations;

• “the Plant Protection Products Regulations” means the Plant Protection Products Regulations 1995 M7 ;

• “preparation” means a mixture or a solution of two or more substances;

• “radioactive substance” means a substance which contains one or more radionuclides whose activity or concentration cannot be disregarded as far as radiation protection is concerned;

• “receptacle” means a container together with any material, wrapping and component, including any closure or fastener, associated with the container which enables the container to perform its containment function;

• “risk phrase” means a risk phrase listed in the approved supply list;

• “safety phrase” means a safety phrase listed in the approved supply list;

• “substance” means a chemical element and its compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;

• “supply” in relation to a substance or preparation means, except in regulation 6, making that substance or preparation available to another person and includes importation of the substance or preparation into Great Britain, and “supplier” shall be construed accordingly.

(2) In these Regulations, “package” means—

(a) subject to paragraph (3), the package in which a dangerous substance, dangerous preparation or preparation specified in regulation 5(3) is supplied, including the receptacle containing the dangerous substance or preparation in question; or

(b) a pallet or other device which enables more than one receptacle to be handled as a unit,

but does not include a container used to transport the dangerous substance or preparation unless that container is retained by the person to whom the dangerous substance or preparation is supplied for the purpose of storing that dangerous substance or preparation, and related expressions shall be construed accordingly.

(3) In the case of supply by way of retail sale, a package does not include any paper or plastic bag or other form of outer wrapping in which the package is placed when it is presented to the purchaser.

(4) In these Regulations—

(a) where reference is made to a quantity of a dangerous substance or dangerous preparation expressed in litres, that reference shall mean—

(i) in the case of a liquid, the volume in litres of that liquid,

(ii) in the case of a compressed gas, the volume in litres of the receptacle containing that gas, and

(iii) in the case of a compressed gas dissolved in a solvent, liquefied gas or solid, the same number of kilograms of that gas or solid; and

(b) for the purposes of aggregation, one kilogram of a solid shall be deemed to be equivalent to one litre of liquid or gas.

(5) In these Regulations—

(a) a risk phrase may be designated by the letter “R” followed by a distinguishing number or combination of numbers; and

(b) a safety phrase may be designated by the letter “S” followed by a distinguishing number or combination of numbers.

(6) In these Regulations, unless the context otherwise requires, a reference to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs; and

(c) a lettered sub-paragraph is a reference to the sub-paragraph so lettered in the paragraph in which that reference appears.

Marginal Citations

M1 S.I. 1996/2092, as amended by S.I.s 1998/2885 and S.I. 1999/303.

M2 The Agreement was amended by Decision 7/94 of the EEA Joint Committee of 21st March 1994 (OJ No. L160, 28.6.94, p. 1). There are other amendments to the Agreement which are not relevant to these Regulations.

M3 1993 c. 51.

M4 OJ No. C146A, 15.6.90, p.1.

M5 OJ No. C130, 10.5.93, p.1.

M6 S.I. 1993/3050, to which there are amendments not relevant to these Regulations.

M7 S.I. 1995/887, to which there are amendments not relevant to these Regulations.