Statutory Instruments

2009 No. 716

HEALTH AND SAFETY

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

Made

16th March 2009

Laid before Parliament

16th March 2009

Coming into force

6th April 2009

^M1^,^M2^,^M3 The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 (“ the 1972 Act ”) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations , and for measures relating to consumer protection .

The Secretary of State makes these Regulations:

(a)

^M4 in exercise of the powers conferred upon him by section 2(2) of the 1972 Act and by sections 15(1), (2), (3)(c), (4)(b), (6)(b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1)(b) and (c), (4) and (5), 2(1), 3(2), 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 (“ the 1974 Act ”); and

(b)

^M5 for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) of the 1974 Act after the carrying out by the said Executive of consultations in accordance with section 50(3) of that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references in these Regulations to—

(i)

^M6^,^M7^,^M8^,^M9 the Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC , and amending Regulation (EC) No 1907/2006 , be construed as including references to articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraph and Annexes I to VII of that Regulation as amended from time to time; and

(ii)

the [^F1 Regulation ( EU ) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II , V and VI are as amended from time to time ^F1] .

PART 1 INTRODUCTION

Citation, commencement and extent

^F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

^F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

^F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 GENERAL REQUIREMENTS

Classification of dangerous substances and dangerous preparations

^F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safety data sheets for substances and preparations

^F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F5 Advertisements for dangerous preparations

5A.—(1) Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.

(2) Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.

(3) In this regulation, “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987. ^F5]

Packaging of dangerous substances, dangerous preparations and certain specified preparations

^F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Labelling of dangerous substances and dangerous preparations

^F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Labelling of single receptacles and receptacles in outer packagings

^F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Particular labelling requirements for certain preparations

^F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Methods of marking or labelling packages

^F610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child resistant fastenings, tactile warning devices and other consumer protection measures

^F611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retention of data for dangerous preparations

^F712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations

^F813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 MISCELLANEOUS

Enforcement

^F914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defence

^F915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension outside Great Britain

^F916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and amendments

^F917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Work and Pensions.

William D. McKenzie

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Regulations 2(1) and 4(4)

^F10 SCHEDULE 1 CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 2(1), 8(2) and 10(6)

^F11 SCHEDULE 2 INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 4(7)

^F12 SCHEDULE 3 PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations 7 and 9

^F13 SCHEDULE 4 LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 11

^F14 SCHEDULE 5 BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 17

^F15 SCHEDULE 6 AMENDMENTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 18

SCHEDULE 7 REVOCATIONS

Regulations revoked	References	Extent of Revocation
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002	S.I. 2002/1689	The whole Regulations.
The Control of Substances Hazardous to Health (Amendment) Regulations 2004	S.I. 2004/3386	Regulation 3.
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005	S.I. 2005/2571	The whole Regulations.
The Legislative Reform (Health and Safety Executive) Order 2008	S.I. 2008/960	The reference to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 in Schedule 3.
The Export and Import of Dangerous Chemicals Regulations 2008	S.I. 2008/2108	Regulation 5 paragraphs (2) and (4).
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008	S.I. 2008/2337	The whole Regulations.
The REACH Enforcement Regulations 2008	S.I. 2008/2852	Paragraphs 1 to 4 of Part 3 of Schedule 10.

footnote	commentary	related provisions	insert/omit
F1	Words in Preamble substituted (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , reg. 2(4) , Sch. 4 para. 1 (with regs. 3(4) (5) , 31 )	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F2	Regs. 1-3 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(d) (with reg. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2	Regs. 1-3 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(d) (with reg. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2	Regs. 1-3 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(d) (with reg. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3	Reg. 4 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4	Reg. 5 revoked (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(a) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F5	Reg. 5A inserted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , reg. 2(1) , Sch. 4 para. 3 (with regs. 3(4) (5) , 31 )	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6	Regs. 6-11 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F7	Reg. 12 revoked (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(d) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F8	Reg. 13 revoked (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F9	Regs. 14-18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F9	Regs. 14-18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F9	Regs. 14-18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F9	Regs. 14-18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F9	Regs. 14-18 revoked (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(4) (5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F10	Sch. 1 revoked by virtue of the revocation of regs. 2, 4 (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b)(d) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F11	Sch. 2 revoked by virtue of the revocation of regs. 2, 8, 10 (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b)(d) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F12	Sch. 3 revoked by virtue of the revocation of reg. 4 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F13	Sch. 4 revoked by virtue of the revocation of regs. 7, 9 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F14	Sch. 5 revoked by virtue of the revocation of reg. 11 (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(b) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F15	Sch. 6 revoked by virtue of the revocation of reg. 17 (1.6.2015 except to the extent that they continue to apply for the purposes of enforcing S.I. 2009/716, reg. 12) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506) , regs. 2(1) , 36(c) (with regs. 3(5) , 31 )	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1	1972 c. 68 . The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c. 46) .
M2	S.I. 1976/897 .
M3	S.I. 1993/2661 .
M4	1974 c. 37 , as amended by S.I. 2008/960 . Section 1(1)(c) was modified by the Health and Safety at Work etc. Act (Application to Environmentally Dangerous Substances) Regulations 2002, S.I. 2002/282 . There are other amending instruments but none is relevant.
M5	Section 11(3) is substituted by S.I. 2008/960 .
M6	OJ No L353, 31.12.08, p. 1.
M7	OJ No L196, 16.8.67, p. 1.
M8	OJ No L 200, 30.7.99, p. 1.
M9	OJ No L 396, 30.12.06, p. 1.

Defined Term	Section/Article	ID	Scope of Application
supply	reg. 5A. of PART 2	supply_rtsFOHR

Defined Term

Section/Article

Scope of Application

supply

reg. 5A. of PART 2

supply_rtsFOHR

2009 No. 716

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

PART 1 INTRODUCTION

Citation, commencement and extent

Interpretation

Application

PART 2 GENERAL REQUIREMENTS

Classification of dangerous substances and dangerous preparations

Safety data sheets for substances and preparations

[F5 Advertisements for dangerous preparations

Packaging of dangerous substances, dangerous preparations and certain specified preparations

Labelling of dangerous substances and dangerous preparations

Labelling of single receptacles and receptacles in outer packagings

Particular labelling requirements for certain preparations

Methods of marking or labelling packages

Child resistant fastenings, tactile warning devices and other consumer protection measures

Retention of data for dangerous preparations

Transitional provisions for dangerous substances, dangerous preparations and certain specified preparations

PART 3 MISCELLANEOUS

Enforcement

Defence

Extension outside Great Britain

Revocations and amendments

F10 SCHEDULE 1 CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

F11 SCHEDULE 2 INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

F12 SCHEDULE 3 PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS

F13 SCHEDULE 4 LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

F14 SCHEDULE 5 BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

F15 SCHEDULE 6 AMENDMENTS

SCHEDULE 7 REVOCATIONS

Status of changes to instrument text

[^F5 Advertisements for dangerous preparations

^F10 SCHEDULE 1 CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

^F11 SCHEDULE 2 INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

^F12 SCHEDULE 3 PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS

^F13 SCHEDULE 4 LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

^F14 SCHEDULE 5 BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

^F15 SCHEDULE 6 AMENDMENTS