The Dangerous Substances and Preparations (Safety) Regulations 2006

Citation, Commencement, Revocation and Amendment

1.—(1) These Regulations may be cited as the Dangerous Substances and Preparations (Safety) Regulations 2006.

(2) These Regulations, with the exception of regulations 5, 11 and 12, shall come into force on 4th December 2006, regulation 5 shall come into force on 24th August 2007, regulation 11 shall come into force on 16th January 2007 and regulation 12 shall come into force on 24th August 2007.

(3) The Regulations listed in Schedule 1 are revoked to the extent and on the dates there specified.

(4) The Chemicals (Hazard Information and Packaging for Supply Regulations 2002(1) are amended as follows:

(a) in regulation 8(4) for “the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994” there is substituted “the Dangerous Substances and Preparations (Safety) Regulations 2006”; and

(b) for regulation 8(5)(a) there is substituted:

“(a) a substance specified in regulation 7 of the Dangerous Substances and Preparations (Safety) Regulations 2006; or”.

Interpretation

2.  In these Regulations—

• “the approved supply list” has the same meaning as in regulation 2(1) of the CHIP Regulations;

• “CAS number” means the number given to a substance by the Chemicals Abstract Service and given in the CAS Registry Handbook (ISSN 0093-058X);

• “the CHIP Regulations” means in Great Britain the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(2) and in Northern Ireland the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(3);

• “cosmetic product” has the meaning given by regulation 3(1) of the Cosmetic Products (Safety) Regulations 2004(4);

• “EINECS No.” means the number given to a substance in the European Inventory of Existing Commercial Chemical Substances;

• “medicinal product” means—

  (a)

  a medicinal product—

  (i)

  which is a “relevant medicinal product” within the meaning of regulation 1(2) of the Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994(5), or

  in respect of which there is for the time being a traditional herbal registration granted under regulation 6 of the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005(6), or

  (ii)

  which is an “investigational medicinal product” within the meaning of regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004(7), or

  (iii)

  in respect of which there is for the time being a certificate of registration granted under regulation 5 of the Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994(8); or

  (b)

  an article or substance to which provisions of the Medicines Act 1968(9) apply by virtue of an order made under section 104 or 105 of that Act;

• “motor fuel” has the same meaning as in regulation 2 of the Motor Fuel (Composition and Content) Regulations 1999(10);

• “the prescribed concentration” of a substance means either—

  (a)

  the concentration specified in the approved supply list; or

  (b)

  where no concentration limit for that substance is specified in the approved supply list, the concentration specified in paragraph 6 (Table VI or Table VIA) of Part II of Schedule 3 to the CHIP Regulations;

• “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply; and

• “veterinary product” means—

  (a)

  a medicinal product which is supplied in accordance with an animal test certificate within the meaning of section 32(2)(b) of the Medicines Act 1968, or

  (b)

  a product supplied for administration in accordance with paragraph 2(c) of Schedule 4 to the Veterinary Medicines Regulations 2005(11).

Application

3.  These Regulations do not apply where the supply in question is for research and development or analysis.

Benzene

4.—(1) No person shall supply a substance or preparation containing benzene in concentrations equal to or greater than 0.1% by mass.

(2) Paragraph (1) does not apply to—

(a) motor fuels covered by Council Directive 85/210/EEC(12) as amended by Council Directive 87/416/EEC(13), and

(b) substances and preparations for use in industrial processes, and

(c) waste covered by Council Directive 91/156/EEC(14) or Council Directive 91/689/EEC(15).

(3) No person shall supply a toy (including a kit for making balloons) or part of a toy which contains benzene, or a substance which is intended for making balloons and contains benzene, where the concentration of benzene in the free state is in excess of 5 mg/kg of the mass of the toy or part of the toy or substance as the case may be.

Carcinogens, mutagens and substances toxic for reproduction

5.—(1) Schedule 2 list the substances which are classified as—

(a) carcinogenic of category 1 or 2 (shown as category C1 or C2),

(b) mutagenic of category 1 or 2 (shown as category M1 or M2),

(c) toxic for reproduction of category 1 or 2 (shown as category R1 or R2).

(2) No person shall supply to a member of the general public or supply to a person for the purposes of sale to the general public a substance or a preparation containing a substance which is listed in Schedule 2 and which is required under the CHIP Regulations—

(a) in the case of substances in categories C1 or C2 to be labelled “toxic (T)” or “very toxic (T+)” together with standard risk phrase R45 (“may cause cancer”) or R49 (“may cause cancer by inhalation”);

(b) in the case of substances in categories M1 or M2 to be labelled with standard risk phrase R46 (“may cause heritable genetic damage”); or

(c) in the case of substances in categories R1 or R2 to be labelled with standard risk phrase R60 (“may impair fertility”) or R61 (“may cause harm to the unborn child”) or both R60 and R61,

or which would be required to be so labelled but for an exception in the CHIP Regulations, where the concentration of the substance is greater than or equal to the prescribed concentration for that substance.

(3) This regulation does not apply to—

(a) a medicinal product,

(b) a veterinary product,

(c) a cosmetic product,

(d) motor fuel which complies with the relevant requirements of regulation 3 of the Motor Fuel (Composition and Content) Regulations 1999,

(e) a mineral oil product intended for use as fuel in a mobile or fixed combustion plant,

(f) fuel sold in a closed system, and

(g) artists' paint.

Children’s dressing-gowns and textile articles

6.—(1) In this regulation—

(a) “child’s dressing-gown” means a dressing-gown which has a finished garment chest measurement not exceeding 97 cm and an underarm sleeve measurement not exceeding 68 cm;

(b) “finished garment chest measurement” means twice the measurement of the garment across the chest when the garment is laid out as flat as possible without distorting its natural two-dimensional shape and, where appropriate, buttoned or otherwise fastened as it is designed to be in normal wear; and

(c) “textile article” includes any garment or linen.

(2) No person shall supply a textile article intended to come into contact with the skin, or a child’s dressing-gown whether or not it is intended to come into contact with the skin, which (in either case) has been—

(a) treated with tris (2,3-dibromopropyl) phosphate;

(b) made from fabric treated with the said substance;

(c) made from fabric containing the said substance;

(d) treated with tri (aziridin-1-yl) phosphine oxide or polybrominated biphenyls;

(e) made from fabric treated with a substance mentioned in subparagraph (d); or

(f) made from fabric containing fibre containing a substance mentioned in subparagraph (d).

Chlorinated solvents

7.—(1) No person shall supply to a member of the general public or supply to a person for the purposes of sale to the general public a substance or preparation containing any of the following in concentrations equal to or greater than 0.1% by mass—

(a) chloroform (CAS No 67-66-3),

(b) carbon tetrachloride (CAS No 56-23-5),

(c) 1,1,2–trichloroethane (CAS No 79-00-5),

(d) 1,1,2,2–tetrachloroethane (CAS No 79-34-5),

(e) 1,1,1,2–tetrachloroethane (CAS No 630-20-6),

(f) pentachloroethane (CAS No 76-01-7),

(g) 1,1–dichloroethylene (CAS No 75-35-4),

(h) 1,1,1–trichloroethane (CAS No 71-55-6).

(2) This regulation does not apply to—

(a) a medicinal product,

(b) a veterinary product, or

(c) a cosmetic product.

Fuel for decorative lamps

8.—(1) This regulation applies to liquid substances and preparations—

(a) which are required to be classified in accordance with regulation 4 of the CHIP Regulations;

(b) which, if so classified, would be required to be labelled with risk phrase R65 (“harmful: may cause lung damage if swallowed”); and

(c) which can be used as fuel in decorative lamps.

(2) No person shall supply a liquid substance or preparation to which this regulation applies which contains either perfume or (unless its addition is required for fiscal reasons) a colouring agent or both.

(3) No person shall supply a liquid substance or preparation to which this regulation applies, and which is intended for use as fuel in a decorative lamp, unless the packaging in which it is contained is marked legibly and indelibly with the words “Keep lamps filled with this liquid out of the reach of children”.

(4) paragraphs (2) and (3) do not prohibit the supply of a liquid substance or preparation to which this which this regulation applies in a single package containing more than 15 litres.

Ornamental objects, tricks, jokes and games

9.—(1) In this regulation, “ornamental object” includes a ornamental lamp or ashtray and any other article designed both to be ornamental and to perform some other function.

(2) No person shall supply—

(a) a ornamental object intended to produce light or colour effects by means of different phases; or

(b) a trick or joke; or

(c) a game for one or more participants or an object intended to be used as such, even with ornamental aspects,

which contains a liquid substance or preparation “dangerous for supply” within the meaning of the CHIP Regulations.

10.  No person shall supply—

(a) an injurious tear-gas capsule, that is to say, an article designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the lachrymatory properties of a substance contained in the article, being a substance which is capable of causing personal injury in the course of, or as a result of, the use of the article;

(b) an article which contains more than 1.5 ml of liquid consisting of sulphides of ammonia or a mixture or solution of such sulphides with or in any other substance, being an article which is designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the obnoxious properties of such sulphides; or

(c) anything which is designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the ability or tendency of soap bark powder (Quillaja saponaria) or its derivatives containing saponins, powder of the roots of Helleborus viridis or of Helleborus niger, powder of the roots of Veratrum album or of Veratrum nigrum, benzidine or its derivatives, 2-nitrobenzaldehyde or wood powder to induce sneezing.

Phthalates

11.—(1) In this regulation “childcare article” means a product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children.

(2) No person shall supply a toy or childcare article containing any of the following substances in a concentration greater than 0.1% by mass of the plasticised material:

(a) bis (2-ethylhexyl)phthalates (DEHP) (CAS No 117-81-7) (Einecs No 204-211-0);

(b) dibutyl phthalate (DBP) (CAS No 84-74-2) (Einecs No 201-557-4);

(c) benzyl butyl phthalate (BBP) (CAS No 85-68-7) (Einecs No 201-622-7).

(3) No person shall supply a toy or childcare article which can be placed in the mouth by children containing any of the following substances in a concentration greater than 0.1% by mass of the plasticised material:

(a) di-”isononyl” phthalate (DINP) (CAS No 28553-12-0 and 68515-48-0) (Einecs No 249-079-5 and 271-090-9);

(b) di-”isodecyl” phthalate (DIDP) (CAS No 26761-40-0 and 68515-49-1) (Einecs No 247-977-1 and 271-091-4);

(c) di-n-octyl phthalate (DNOP) (CAS No 117-84-0) (Einecs 204-214-7).

Toluene

12.  No person shall supply to a member of the general public or supply to a person for the purposes of sale to the general public—

(a) toluene (CAS No 108-88-3), or

(b) an adhesive or spray paint containing toluene in a concentration greater than or equal to 0.1% by mass.

Ian McCartney

Minister for Trade, Investment and Foreign Affairs

Department of Trade and Industry

6th November 2006