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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,M3The 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)

M4in 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)

M5for 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,M9the 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 [F1Regulation (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 timeF1] .

PART 1 INTRODUCTION

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 and shall come into force on 6th April 2009.

(2) These Regulations shall not extend to Northern Ireland.

Interpretation

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 GENERAL REQUIREMENTS

Classification of dangerous substances and dangerous preparations

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safety data sheets for substances and preparations

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advertisements for dangerous preparations

F55A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

17. The Regulations specified in the Table in Schedule 6 are amended in accordance with the provisions of that Table.

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)

F10SCHEDULE 1 CLASSIFICATION OF DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

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

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

F11SCHEDULE 2 INDICATIONS OF DANGER AND SYMBOLS FOR DANGEROUS SUBSTANCES AND DANGEROUS PREPARATIONS

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

Regulation 4(7)

F12SCHEDULE 3 PROVISIONS FOR CLASSIFYING DANGEROUS PREPARATIONS

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

Regulations 7 and 9

F13SCHEDULE 4 LABELLING PARTICULARS FOR DANGEROUS SUBSTANCES, DANGEROUS PREPARATIONS AND FOR CERTAIN OTHER PREPARATIONS

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

Regulation 11

F14SCHEDULE 5 BRITISH AND INTERNATIONAL STANDARDS RELATING TO CHILD RESISTANT FASTENINGS AND TACTILE WARNING DEVICES

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

Regulation 17

SCHEDULE 6 AMENDMENTS

Regulations to be amended Regulations and Schedules to be amended Amendments to be made
The Pipelines Safety Regulations 1996 M10 Paragraph 10 of Schedule 2 For “regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;” substitute “regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
The Health and Safety (Enforcing Authority) Regulations 1998 M11 Regulation 2(1)

After the definition of “ “construction work” and “contractor”” insert— “ “dangerous preparation” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009; ”

dangerous substance” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;.

Omit the definition of “preparation dangerous for supply”.

Omit the definition of “substance dangerous for supply”.

Paragraph 1(b) of Schedule 1 For “substance or preparation dangerous for supply” substitute “dangerous substance or dangerous preparation”.
The Biocidal Products Regulations 2001 M12 Regulation 2(1)

For the definition of “the 2002 Regulations” substitute “ “the 2009 Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.

Omit the definition of “approved supply list”.

In the definition of “classified” for “the 2002 Regulations” substitute “the 2009 Regulations”.

After the definition of “classified” add the definition “ “The CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council 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; ”

Regulation 2(7)(a) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(b) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(c)(i) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Regulation 2(7)(d)(i) For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Paragraph 13 of Schedule 4 For “the 2002 Regulations,” substitute “the 2009 Regulations,” and for “regulation 6 of those Regulations.” substitute “Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
Paragraph 6(a) of Schedule 6 For “Part I of the approved supply list” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
Paragraph 6(b) of Schedule 6 For “the 2002 Regulations” substitute “the 2009 Regulations;”.
Paragraph 4 of Schedule 7 For “the 2002 Regulations” substitute “the 2009 Regulations”.
The Control of Lead at Work Regulations 2002 M13 Regulation 2(1) In the definition of “safety data sheet” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
The Control of Substances Hazardous to Health Regulations 2002 M14 Regulation 2(1) In the definition of “the CHIP Regulations” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
Omit the definition of “the approved supply list”.
After the definition of “the CHIP Regulations” add the definition “ “The CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council 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;”.
In the definition of “safety data sheet” for “regulation 5 of the CHIP Regulations;” substitute “Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
In the definition of “substances hazardous to health” for “Part I of the approved supply list as dangerous for supply within the meaning of the CHIP Regulations” substitute “Table 3.2 of part 3 of Annex VI of the CLP Regulation;”.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 M15 Regulation 2 In the definition of “the CHIP Regulations” for “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.
In the definition of “safety data sheet” for “regulation 5 of the CHIP Regulations;” substitute “Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.”
The Control of Asbestos Regulations 2006 M16 Schedule 2, paragraph 1(1)(a) For “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009”.
The REACH Enforcement Regulations 2008 M17 Part 1 of Schedule 3, paragraph 1, sub-paragraph (p)(i) For “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002;” substitute “the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009;”.

Regulation 18

F15SCHEDULE 7 REVOCATIONS

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Status: There are currently no known outstanding effects for The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009.
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (2009/716)
Version from: 1 June 2018

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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. 2, 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(e) (with reg. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(b)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F2 Regs. 2, 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(e) (with reg. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(b)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
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 revoked (1.6.2017) 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) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
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(e) (with regs. 3(4)(5), 31) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(b)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
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. 14-16, 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) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F9 Regs. 14-16, 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) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F9 Regs. 14-16, 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) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F9 Regs. 14-16, 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) (as substituted by S.I. 2015/21, regs. 1(2), 22(2)(a)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
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. 7 revoked by virtue of the revocation of reg. 18 (1.6.2015 except to the extent that it continues 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.
M10 S.I. 1996/825, to which there are amendments not relevant to these Regulations.
M11 S.I. 1998/494, to which there are amendments not relevant to these Regulations.
M12 S.I. 2001/880, as amended by S.I. 2007/293. There are other amendments not relevant to these Regulations.
M13 S.I. 2002/2676.
M14 S.I. 2002/2677.
M15 S.I. 2002/2776.
M16 S.I. 2006/2739.
M17 S.I. 2008/2852.
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