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Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993

Type Ni-Statutory-Rule

Publication 1993-10-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

Classification by the conventional method

5

(1) Where the health effects are assessed by the conventional method in accordance with paragraph 4(1)(a) the appropriate concentration limits shall be assigned in accordance with sub-paragraph (2) or (3).

(2) Where the substances concerned are dangerous for supply and are listed as dangerous for supply in the approved supply list and are assigned concentration limits, the appropriate concentration limits shall be assigned in accordance with this Part.

(3) Where the substances concerned are dangerous for supply and do not appear in the approved list as dangerous for supply or appear there without the concentration limits, the appropriate concentration limits shall be assigned in accordance with Part II.

(4) In its application to preparations that are gases, this Part shall be modified so that any reference to a concentration expressed as a percentage by weight shall be construed as a reference to a concentration expressed as the same percentage by volume.

(5) Where a preparation contains at least one substance which, in accordance with the Notification of New Substances Regulations (Northern Ireland) 1985[^f00056] bears the warning “Caution — Substance not yet fully tested”, the label of the preparation must bear the label “Caution — This preparation contains a substance not yet fully tested” if the substance is present in a concentration equal to or in excess of 1% by weight.

(6) A substance which is a gas shall be treated on the same basis as the other substances present in the preparation when applying the method of assessment by calculation, if an indication of at least one of the health effects appears on the label.

Classification by the conventional method as very toxic

6

The following preparations shall be regarded as very toxic—

(a) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very topic in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 1 of Part II (Table I or Table IA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) owing to their acute lethal effects, preparations containing more than one substance classified or regarded as very toxic in individual concentrations not exceeding the limits specified in the approved supply list or in paragraph 1 of Part II (Table I or Table IA in the case of gases), if the sum of the quotients obtained by dividing the percentage by weight of each very toxic substance in the preparation by the very toxic limit specified for that substance is 1 or more, that is to say,

$$Σ(PT+LT+)≥1$ where— PT:₊ is the percentage by weight of each very toxic substance in the preparation, LT:₊ is the very toxic limit specified for each very toxic substance expressed as a percentage;$

(c) owing to their non-lethal irreversible effects after a single exposure, preparations containing one or more substances dangerous for supply which produce such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 2 of Part 11 (Table II or Table IIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Classification by the conventional method as toxic

7

The following preparations shall be regarded as toxic—

(a) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very toxic or toxic in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 1 of Part II (Table I or Table IA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) owing to their acute lethal effects, preparations containing, more than one substance classified or regarded as very toxic or toxic in individual concentrations not exceeding the limits specified in the approved supply list or in paragraph 1 of Part II (Table I or Table IA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each very toxic or toxic substance in the preparation by the toxic limit specified for that substance is 1 or more, that is to say,

$$Σ(PT+LT+PTLT)≥1$ where— PT:₊ is the percentage by weight of each very toxic substance in the preparation, PT: is the percentage by weight of each toxic substance in the preparation, LT is the toxic limit specified for each very toxic or toxic substance expressed as a percentage;$

(c) owing to their non-lethal irreversible effects after a single exposure, preparations containing one or more substances dangerous for supply which produce such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 2 of Part II (Table II or Table IIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(d) owing to their severe effects after repeated or prolonged exposure, preparations containing one or more substances dangerous for supply which produce such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 3 of Part II (Table III or Table IIIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Classification by the conventional method as harmful

8

The following preparations shall be regarded as harmful—

(a) owing to their acute lethal effects, preparations containing one or more substances classified or regarded as very toxic, toxic or harmful in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 1 of Part II (Table I or Table IA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) owing to their acute lethal effects, preparations containing more than one substance classified or regarded as very toxic, toxic or harmful in individual concentrations not exceeding the limits specified in the approved supply list or in paragraph I of Part II (Table I or Table IA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each very toxic, toxic or harmful substance in the preparation by the harmful limit specified for that substance is 1 or more, that is to say,

$$Σ(PT+LXn+PTLXn+PXnLXn)≥1$ where— PT:₊ is the percentage by weight of each very toxic substance in the preparation, PT is the percentage by weight of each toxic substance in the preparation, Pxn is the percentage by weight of each harmful substance in the preparation, Lxn is the limit specified for each very toxic, toxic or harmful substance expressed as a percentage;$

(c) owing to their non-lethal irreversible effects after a single exposure preparations containing one or more substances dangerous for supply which produce such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 2 of Part II (Table II or Table IIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(d) owing to their severe effects after repeated or prolonged exposure, preparations containing one or more substances dangerous for supply which produce such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 3 of Part II (Table III or Table IIIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(e) owing to their sensitizing effects by inhalation, preparations containing at least one substance dangerous for supply to which is assigned the risk phrase R42 (may cause sensitization by inhalation) that produces such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 5 of Part II (Table V or Table VA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Classification by the conventional method as corrosive

9

(1) A preparation shall be regarded as “very corrosive” if it has been classified as corrosive with the risk phrase R35 (causes severe burns).

(2) The following preparations shall be regarded as very corrosive—

(a) preparations containing one or more substances classified or regarded as very corrosive in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as very corrosive in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each very corrosive substance in the preparation by the corrosive (R35) limit specified for that substance is 1 or more, that is to say,

$$Σ(PC.R35LC.R35)≥1$ where— PC.R35 is the percentage by weight of each very corrosive substance to which is assigned the risk phrase R35 in the preparation, LC.R35 is the corrosive (R35) limit specified for each very corrosive substance expressed as a percentage by weight.$

10

The following preparations shall be regarded as corrosive—

(a) preparations containing one or more substances classified or regarded as corrosive to which is assigned the risk phrase R35 or R34 (causes burns) in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as corrosive to which is assigned the risk phrase R35 or R34 in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each corrosive substance in the preparation by the corrosive (R34) limit specified for that substance is 1 or more, that is to say,

$$Σ(PC.R35LC.R34+PC.R34LC.R34)≥1$ where— PC.R35 is the percentage by weight of each corrosive substance to which is assigned the risk phrase R35 in the preparation, PC.R34 is the percentage by weight of each corrosive substance to which is assigned the risk phrase R34 in the preparation, LC.R34 is the corrosive (R34) limit specified for each corrosive substance to which is assigned the risk phrase R35 or R34 expressed as a percentage by weight.$

Classification by the conventional method as irritant

11

The following preparations shall be regarded as liable to cause serious eye damage—

(a) preparations containing one or more substances classified or regarded as irritant to which is assigned the risk phrase R41 (risk of serious damage to eyes) in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as corrosive or irritant to which is assigned the risk phrase R41 in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each irritant substance in the preparation by the irritant (R41) limit specified for that substance is 1 or more, that is to say,

$$Σ(PXi.R41LXi.R41)≥1$ where— PXi.R41 is the percentage by weight of each irritant substance to which is assigned the risk phrase R41 in the preparation, LXi.R41 is the irritant (R41) limit specified for each irritant substance expressed as a percentage by weight to which is assigned the risk phrase R41 in the preparation.$

12

The following preparations shall be regarded as skin irritants—

(a) preparations containing one or more substances classified or regarded as corrosive or irritant to which is assigned the risk phrase R38 (irritating to skin) in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as corrosive or irritant to which is assigned the risk phrase R38 in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each substance in the preparation by the irritant (R38) limit specified for that substance is 1 or more, that is to say,

$$Σ(PC.R35LXi.R38+PC.R34LXi.R38+PXi.R38LXi.R38)≥1$ where— PC.R35 is the percentage by weight of each corrosive substance to which is assigned the risk phrase R35 in the preparation, PC.R34 is the percentage by weight of each corrosive substance to which is assigned the risk phrase R34 in the preparation, PXi.R38 is the percentage by weight of each irritant substance to which is assigned the risk phrase R38 in the preparation, LXi.R38 is the irritant (R38) limit specified for, each corrosive or irritant substance expressed as a percentage by weight to which is assigned the risk phrase R35, R34 or R38 in the preparation;$

(c) owing to their sensitizing effects by skin contact, preparations containing at least one substance dangerous for supply to which is assigned the risk phrase R43 (may cause sensitization by skin contact) that produces such effects in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list of the substance or substances under consideration, or

(ii) the concentration specified in paragraph 5 of Part II (Table V or Table VA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

13

The following preparations shall be regarded as eye irritants—

(a) preparations containing one or more substances classified or regarded as irritant to which is assigned the risk phrase R41 (risk of serious damage to eyes) or R36 (irritating to eyes) in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substance or substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as irritant to which is assigned the risk phrase R41 or R36 in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) if the sum of the quotients obtained by dividing the percentage by weight of each irritant substance in the preparation by the irritant (R36) limit specified for that substance is 1 or more, that is to say,

$$Σ(PXi.R41LXi.R36+PXi.R36LXi.R36)≥1$ where— PXi.R41 is the percentage by weight of each irritant substance to which is assigned the risk phrase R41 in the preparation, PXi.R36 is the percentage by weight of each irritant substance to which is assigned the risk phrase R36 in the preparation, LXi.R36 is the irritant (R36) limit specified for each irritant substance expressed as a percentage by weight to which is assigned the risk phrase R41 or R36 in the preparation.$

14

The following preparations shall be regarded as irritants for the respiratory system—

(a) preparations containing one or more substances classified or regarded as irritant to which is assigned the risk phrase R37 (irritating to the respiratory system) in individual concentrations exceeding—

(i) either the concentration specified in the approved supply list for the substances under consideration, or

(ii) the concentration specified in paragraph 4 of Part II (Table IV or Table IVA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits;

(b) preparations containing more than one substance classified or regarded as irritant to which is assigned the risk phrase R37 in individual concentrations not exceeding the limits specified either in the approved supply list or in paragraph 4 of Part II (Table IV or Table IVA) if the sum of the quotients obtained by dividing the percentage by weight of each irritant substance in the preparation by the irritant (R37) limit specified for that substance is 1 or more, that is to say,

$$Σ(PXi.R37LXi.R37)≥1$ where— PXi.R37 is the percentage by weight of each irritant substance to which is assigned the risk phrase R37 in the preparation, LXi.R37 is the irritant (R37) limit specified for each irritant substance expressed as a percentage by weight to which is assigned the risk phrase R37 in the preparation.$

Classification by the conventional method as carcinogenic

15

(1) Preparations shall be regarded as carcinogenic and assigned at least the symbol and indication of danger “toxic” if they contain a substance producing such effects to which is assigned either the risk phrase R45 (may cause cancer) or R49 (may cause cancer by inhalation) which denotes carcinogenic substances in category 1 or category 2 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 or Part II (Table VI OF Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

(2) Preparations shall be regarded as suspect for humans owing to their possible carcinogenic effects and assigned at least the symbol and indication of danger “harmful” if they contain a substance producing such effects to which is assigned the risk phrase R40 (possible risk of, irreversible effects) which denotes carcinogenic substances in category 3 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Classification by the conventional method as mutagenic

16

(1) Preparations shall be regarded as mutagenic and assigned at least the symbol and indication of danger “toxic” if they contain a substance producing such effects to which is assigned the risk phrase R46 (may cause heritable genetic damage) which denotes mutagenic substances in category 1 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II, (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

(2) Preparations shall be regarded as having to be treated as mutagenic and assigned at least the symbol and indication of danger “harmful” if they contain a substance producing such effects to which is assigned the risk phrase R46 (may cause heritable genetic damage) which denotes mutagenic substances in category 2 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

(3) Preparations shall be regarded as suspect for humans because of their possible mutagenic effects and assigned at least the symbol and indication of danger “harmful” if they contain a substance producing such effects to which is assigned the risk phrase R40 (possible risk of irreversible effects) which denotes mutagenic substances in category 3 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Classification by the conventional method as teratogenic

17

(1) Preparations shall be regarded as teratogenic and assigned at least the symbol and indication of danger “toxic” if they contain a substance producing such effects to which is assigned the risk phrase R47 (may cause birth defects) which denotes teratogenic substances in category 1 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list for the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

(2) Preparations shall be regarded as having to be treated as teratogenic and assigned at least the symbol and indication of danger “harmful” if they contain a substance producing such effects to which is assigned the risk phrase R47 (may cause birth defects) which denotes teratogenic substances in category 2 in a concentration equal to or exceeding—

(a) either the concentration specified in the approved supply list of the substance or substances under consideration; or

(b) the concentration specified in paragraph 6 of Part II (Table VI or Table VIA in the case of gases) where the substance or substances do not appear in the approved supply list or appear in it without concentration limits.

Lower limits of concentration

18

(1) Subject to sub-paragraph (2), in relation to preparations to which this Schedule applies no account shall be taken of substances, whether or not listed in the approved supply list, whether existing as impurities or as additives, if their concentration by weight is less than—

(a) 0.1% for substances classified as very toxic or toxic; or

(b) 1% for substances classified as harmful, corrosive or irritant,

unless in either case lower limits are referred to in Part V of the approved supply list, or in the case of gases in Part II.

(2) Where any substance has more than one health effect each of these effects shall be characterised by its appropriate specific concentration limit.

PART II — CONCENTRATION LIMITS TO BE USED IN APPLYING THE CONVENTIONAL METHOD OF ASSESSING HEALTH EFFECTS IN ACCORDANCE WITH PART I 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:—

acute lethal effects;

non-lethal irreversible effects after a single exposure;

severe effects after repeated or prolonged exposure;

corrosive effects;

irritant effects;

sensitizing effects;

carcinogenic effects;

mutagenic effects; and

teratogenic effects.

The systematic assessment of all the dangerous health effects is expressed by means of concentration limits in conjunction with the classification of the substance, that is to say, the symbol and risk phrases which are assigned to each substance under consideration.

In relation to solid and liquid preparations any reference to a percentage concentration shall be treated as a reference to that concentration as a percentage by weight.

In relation to gaseous preparations any reference to a percentage concentration shall be treated as a reference to that concentration as a percentage by volume.

Acute lethal effects

1

(1) Solid and liquid preparations: The concentration limits specified in Table I determine the classification of solid and liquid preparations in relation to the individual concentration of the substance present whose classification is also shown.

Classification of the substance	Classification of the preparation	Classification of the preparation	Classification of the preparation
	T+	T	Xn
T+ with R26, R27, R28	conc. ≥ 7%	1% ≤ conc. < 7%	0.1% ≤ conc. < 1%
T with R23, R24, R25		conc. ≥ 25%	3% ≤ conc. < 25%
Xn with R20, R21, R22			conc. ≥ 25%

The risk 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 risk phrases according to the classification used,

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

(2) Gaseous Preparations: The concentration limits specified in Table 1A determine the classification of gaseous preparations in relation to the individual concentration of the gases present whose classification is also shown.

Classification of the substance (gas)	Classification of the gaseous preparation	Classification of the gaseous preparation	Classification of the gaseous preparation
	T+	T	Xn
T+ with R26	conc. ≥ 1%	0.2% ≤ conc. < 1%	0.02% ≤ conc. < 0.2%
T with R23		conc. ≥ 5%	0.5% ≤ conc. < 5%
Xn with R20			conc. ≥ 5%

Non-lethal irreversible effects after a single exposure

2

(1) Solid and liquid preparations: For substances that produce non-lethal irreversible effects after a single exposure (R39, R40), the individual concentration limits specified in Table 11 determine, when appropriate, the classification of solid and liquid preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance	Classification of the preparation	Classification of the preparation	Classification of the preparation
	T+	T	Xn
(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 and R28 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 and R28 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 and R28 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 and R28 are also to be assigned to indicate route of administration or means of exposure.
T+ with R39	conc. ≥ 10% R39[^f01000] obligatory	1% ≤ conc. < 10% R39[^f01000] obligatory	0.1% ≤ conc. < 1% R40[^f01000] obligatory
T with R39		conc. ≥ 10% R39[^f01000] obligatory	1% ≤ conc. < 10% R40[^f01000] obligatory
Xn with R40			conc. ≥ 10% R40[^f01000] obligatory

(2) Gaseous preparations: For gases that produce non-lethal irreversible effects after a single exposure (R39, R40), the individual concentration limits specified in Table HA, determine, when appropriate, the classification of gaseous preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance (gas)	Classification of the gaseous preparation	Classification of the gaseous preparation	Classification of the gaseous preparation
	T+	T	Xn
(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.
T+ with R39	conc. ≥ 1% R39[^f01001] obligatory	0.2% ≤ conc. < 1% R39[^f01001] obligatory	0.02% ≤ conc. < 0.2% R40[^f01001] obligatory
T with R39		conc. ≥ 5% R39[^f01001] obligatory	0.5% ≤ conc. < 5% R40[^f01001] obligatory
Xn with R40			conc. ≥ R40[^f01001] obligatory

Severe effects after repeated or prolonged exposure

3

(1) Solid and liquid preparations: For substances that produce severe effects after repeated or prolonged exposure (R48), the individual concentration limits specified in Table III determine, when appropriate, the classification of solid and liquid preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance	Classification of the preparation	Classification of the preparation
	T	Xn
(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 to R28 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 to R28 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20 to R28 are also to be assigned to indicate route of administration or means of exposure.
T with R48	conc. ≥ 10% R48[^f01002] obligatory	1% ≤ conc. < 10% R48[^f01002] obligatory
Xn with R48		conc. ≥ 10% R48[^f01002] obligatory

(2) Gaseous preparations: For gases that produce severe effects after repeated or prolonged exposure (R48), the individual concentration limits specified in Table IIIA determine, when appropriate, the classification of gaseous preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance (gas)	Classification of the gaseous preparation	Classification of the gaseous preparation
	T	Xn
(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.	(*) In accordance with the approved classification and labelling guide and depending on the classification, the risk phrases R20, R23 or R26 are also to be assigned to indicate route of administration or means of exposure.
T with R48	conc. ≥ 5% R48[^f01003] obligatory	0.5% ≤ conc. < 5% R48[^f01003] obligatory
Xn with R48		conc. ≥ 5% R48[^f01003] obligatory

Corrosive and irritant effects

4

(1) Solid and liquid preparations: 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 solid and liquid preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance and/or relevant standard risk phrase	Classification of the preparation and standard risk phrase	Classification of the preparation and standard risk phrase	Classification of the preparation and standard risk phrase	Classification of the preparation and standard risk phrase
	At least C with R35	At least C with R34	At least Xi with R41	At least Xi with R36, R37 or R38
At least C with R35	conc. ≥ 10% R35 obligatory	5% ≤ conc. < 10% R34 obligatory		1% ≤ conc. < 5% R36, R38 obligatory
At least C with R34		conc. ≥ 10% R34 obligatory		5% ≤ conc. < 10% R36, R38 obligatory
At least Xi with R41			conc. ≥ 10% R41 obligatory	5% ≤ conc. < 10% R36 obligatory
At least Xi with R36, R37 or R38				conc. ≥ 20% R36, R37 and R38 are obligatory in the light of the concentration present if they apply to the substances under consideration

(2) Gaseous preparations: For gases that produce corrosive effects (R34, R35) or irritant effects (R37, R41), the individual concentration limits specified in Table IVA, determine, when appropriate, the classification of gaseous preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance (gas) and/or relevant standard risk phrase	Classification of the gaseous preparation and standard risk phrase	Classification of the gaseous preparation and standard risk phrase	Classification of the gaseous preparation and standard risk phrase	Classification of the gaseous preparation and standard risk phrase
	At least C with R35	At least C with R34	At least Xi with R41	At least Xi with R36, R37 or R38
At least C with R35	conc. ≥ 1% R35 obligatory	0.2% ≤ conc. < 1% R34 obligatory		0.02% ≤ conc. < 0.2% R37 obligatory
At least C with R34		conc. ≥ 5% R34 obligatory		0.5% ≤ conc. < 5% R37 obligatory
At least Xi with R41			conc. ≥ 5% R41 obligatory	0.5% ≤ conc. < 5% R36 obligatory
At least Xi with R36, R37 or R38				conc. ≥ 5% R37, R36 and R38 obligatory as appropriate

Sensitizing effects

5

(1) Solid and liquid preparations: Substances that produce such effects are classified:

at least as harmful (Xn) and assigned R42 if this effect can be produced by inhalation,

at least as irritant (Xi) and assigned R43 if this effect can be produced through contact with the skin,

at least as harmful (Xn) and assigned R42/R43 if this effect can be produced in both these ways.

The individual concentration limits specified in Table V determine, when appropriate, the classification of solid and liquid preparations and shall determine the particular risk phrases which shall be assigned to them.

Classification of the substance and relevant risk phrase	Classification of the preparation and standard risk phrase	Classification of the preparation and standard risk phrase
	At least Xn and R42	At least Xi and R43
At least Xn and R42	conc. ≥ 1% R42 obligatory
At least Xi and R43		conc. ≥ 1% R43 obligatory
At least Xn and R42/43	conc. ≥ 1% R42/R43 obligatory

(2) Gaseous preparations: Gases that produce such effects are classified:

at least as harmful (Xn) and assigned R42 or R42/R43 as appropriate. The individual concentration limits specified in Table VA, determine, when appropriate, the classification of gaseous preparations and shall determine the particular risk phrases which shall be assigned to them. TABLE VA Classifcation of the substance (gas) and relevant risk phraseClassification of the gaseous preparation and standard risk phraseAt least Xn with R42 At least Xn with R42conc. ≥ 0.2% R42 obligatoryAt least Xn with R42/43conc. ≥ 0.2% R42/R43 obligatory

Carcinogenic/mutagenic/teratogenic effects

6

(1) Solid and liquid preparations: For substances that produce such effects and for which specific concentration limits do not yet appear in the approved supply list, the concentration limits laid down in Table VI shall determine, where appropriate, the classification of the preparations and the risk phrases which shall be assigned to them.

Substance Symbol-letter and risk phrase	Symbol-letter and risk phrase for the preparation	Symbol-letter and risk phrase for the preparation
	At least T	At least Xn
At least T with R45 or R49 denoting carcinogenic substances of Category 1 or 2	conc. ≥ 0.1% R45 or R49 obligatory
At least Xn with R40 denoting carcinogenic substances of Category 3		conc. ≥ 1% R40 obligatory
At least T with R46 denoting mutagenic substances of Category 1	conc. ≥ 0.1% R46 obligatory
At least Xn with R46 denoting mutagenic substances of Category 2		conc. ≥ 0.1% R46 obligatory
At least Xn with R40 denoting mutagenic substances of Category 3		conc. ≥ 1% R40 obligatory
At least T with R47 denoting teratogenic substances of Category 1	conc. ≥ 0.5% R47 obligatory
At least Xn with R47 denoting teratogenic substances of Category 2		conc. ≥ 5% R47 obligatory

(2) Gaseous preparations: For gases which produce such effects and for which specific concentration limits do not yet appear in the approved supply list the concentration limits laid down in Table VIA, shall determine, where appropriate, the classification of gaseous preparations and the risk phrases which shall be assigned to them.

Substance Symbol-letter and risk phrase	Symbol-letter and risk phrase for the gaseous preparation	Symbol-letter and risk phrase for the gaseous preparation
	At least T	At least Xn
At least T with R45 or R49 denoting carcinogenic substances of Category 1 or 2	conc. ≥ 0.1% R45 or R49 obligatory
At least Xn with R40 denoting carcinogenic substances of Category 3		conc. ≥ 1% R40 obligatory
At least T with R46 denoting mutagenic substances of Category 1	conc. ≥ 0.1% R46 obligatory
At least Xn with R46 denoting mutagenic substances of Category 2		conc. ≥ 0.1% R46 obligatory
At least Xn with R40 denoting mutagenic substances of Category 3		conc. ≥ 1% R40 obligatory
At least T with R47 denoting teratogenic substances of Category 1	conc. ≥ 0.2% R47 obligatory
At least Xn with R47 denoting teratogenic substances of Category 2		conc. ≥ 1% R47 obligatory

SCHEDULE 5 — Classification provisions for preparations intended to be used as pesticides

Interpretation

1

A pesticide means a preparation designed—

(a) to destroy organisms harmful to plants or to plant products or to protect plants and plant products from such organisms;

(b) to improve or regulate plant production, with the exception of a fertiliser and a soil conditioner;

(i) a wood preservative which does not contain preservatives which penetrate into the wood, or

(ii) a food preservative to which the Preservatives in Food Regulations (Northern Ireland) 1980[^f00057] apply;

(d) to destroy undesired plants;

(e) to destroy parts of plants or to prevent undesired growth; or

(f) to render harmless or to destroy, or to give protection against, any nuisance or harmful animals or insect pests and to control organisms with harmful or unwanted effects on water systems, buildings or other structures, or manufactured products.

Classification as very toxic, toxic or harmful

2

(1) A preparation intended for use as a pesticide shall be classified as very toxic, toxic or harmful if its toxicity as determined by an internationally recognised test method in accordance with sub-paragraph (2) is within the range for that classification set out in the Table.

Classification	LD₅₀ absorbed orally in rat, mg/kg	LD₅₀ absorbed orally in rat, mg/kg	LD₅₀ absorbed percutaneously in rat or rabbit mg/kg	LD₅₀ absorbed percutaneously in rat or rabbit mg/kg	LC₅₀ absorbed by inhalation in rat, mg/litre (4 hours)
	Solids other than baits and tablets	Liquids and bait preparations and pesticides in tablet form	Solids other than baits and tablets	Liquids and bait preparations and pesticides in tablet form	Gases, liquefied gases, fumigants and aerosols, powders having particle diameter ≤ 50 microns
Very toxic	≤ 5	≤ 25	≤ 10	≤ 50	≤ 0.5
Toxic	> 5 to 50	> 25 to 200	> 10 to 100	> 50 to 400	> 0.5 to 2
Harmful	> 50 to 500	> 200 to 2000	> 100 to 1000	> 400 to 4000	> 2 to 20

(2) Subject to sub-paragraphs (3) and (4), a pesticide shall be classified as very toxic, toxic or harmful by carrying out toxicity tests on the pesticide in the form in which it is intended to be used and these tests shall be suitable having regard to the nature and intended method of use of the pesticide and in particular—

(a) in the case of pesticides which can be absorbed through the skin, the percutaneous LD₅₀ value shall be used where it is such that it would place a pesticide in a more restrictive class than the oral LD₅₀ value or the inhalation LD₅₀ value; and

(b) in the case of gases, liquefied gases, fumigants and aerosols and powders in which the diameter of the particles does not exceed 50 microns, the inhalation LC₅₀ values shall be used.

(3) In a case where a preparation to which this Schedule applies—

(a) contains only one active ingredient;

(b) the toxicity of that active ingredient is known; and

(c) there are valid grounds for believing that the toxicity determined on the basis of a calculation carried out in accordance with this sub-paragraph would not differ substantially from the toxicity determined by biological testing carried out in accordance with sub-paragraphs (1) and (2), the toxicity of the preparation may be calculated in accordance with the formula—

$$L×100C$ where L is the oral toxicity (LD₅₀) of the active ingredient and C its concentration as a percentage by weight and in this sub-paragraph where the active ingredient is listed in Column 1 of Part VI of the approved supply list, its toxicity shall be taken as the conventional LD₅₀ value given in the corresponding entry in Column 2 of that Part.$

(4) Account shall also be taken of any fact which suggests that—

(a) the preparation in normal use involves a risk to human health;

(b) the preparation is less toxic or harmful than its ingredients seem to indicate; or

(5) In relation to a preparation intended for use as a pesticide, classification other than as very toxic, toxic or harmful shall be carried out in accordance with the provisions of regulation 5(5).

SCHEDULE 6 — Headings under which particulars are to be provided in safety data sheets

The safety data sheet referred to in regulation 6 shall contain the following obligatory headings:

1

Identification of the substance/preparation and company undertaking.

2

Composition/information on ingredients.

3

Hazards identification.

4

First-aid measures.

5

Fire-fighting measures.

6

Accidental release measures.

7

Handling and storage.

8

Exposure controls/Personal protection.

9

Physical and chemical properties.

10

Stability and reactivity.

11

Toxicological information.

12

Ecological information.

13

Disposal considerations.

14

Transport information.

15

Regulatory information.

16

Other information.

SCHEDULE 7 — Particulars to be shown on labels for substances and preparations dangerous for supply

PART II — GENERAL PROVISIONS RELATING TO LABELS

Labelling particulars for substances dangerous for supply

1

(1) In the case of a substance dangerous for supply which is listed in Part 1 of the approved supply list, the particulars to be shown on the label in accordance with I regulation 9(2)(c) shall be the particulars specified for the substance in the relevant I entry in Column 3 of Part V of that list.

(2) Subject to paragraph 4, in the case of a substance dangerous for supply which is not listed in Part I of the approved supply list the particulars required to be shown on the label in accordance with regulation 9(2)(c) shall be determined from the classification of the substance in accordance with regulation 5 in conjunction with the approved classification and labelling guide.

Labelling particulars for preparations dangerous for supply

2

(1) Subject to paragraphs 3, 4 and 5, the provisions of this paragraph shall have effect in relation to the labelling of preparations dangerous for supply.

(2) Subject to sub-paragraph (4), the chemical names of the substances dangerous for supply present in the preparation shall be shown in accordance with the following rules—

(a) in the case of a preparation classified as requiring the symbol-letter T+, T or Xn, only substances requiring those indications of danger present in the preparation in concentrations exceeding the lowest limit (Xn limit) for the substance laid down in Column 4 of Part V of the approved supply list, or if no such limit is laid down the relevant limit laid down in Part I1 of Schedule 4 need be referred to;

(b) in the case of a preparation classified as requiring the symbol-letter C, only substances requiring that indication of danger present in the preparation in concentrations exceeding the lowest limit (Xi limit) for the substance laid down in Column 4 of Part V of the approved supply list, or if no such limit is laid down the relevant limit laid down in Part II of Schedule 4 need be referred to; and

(c) if the preparation is assigned one or more of the standard risk phrases R39, R40, R42, R43, R42/R43, R45, R46, R47, R48 or R49, the name of any substance causing the preparation to be so assigned shall be referred to.

(3) The chemical name referred to in sub-paragraph (2) shall be—

(a) in the case of a substance listed in Part 1 of the approved supply list, the name or one of the names under which it is listed; or

(b) in the case of a substance not so listed, an internationally recognised name.

(4) For the purposes of labelling, no account shall be taken of any substance in the preparation if its concentration is less than the concentration referred to in paragraph 18(1) of Part I of Schedule 4.

(5) Subject to paragraph (4), the particulars to be shown on the label in accordance with regulation 9(3)(c)(iii), (iv) and (vi) shall be determined from the classification of the preparation made in accordance with regulation 5 in conjunction with the approved classification and labelling guide.

Derogation for naming the ingredients of certain preparations containing harmful substances

3

(1) Where a person can demonstrate to the Department that the disclosure of the chemical identity of a substance required to show the symbol-letter Xn (not being a substance which would cause the preparation to be assigned one of the risk phrases referred to in paragraph 2(2)(c)) on the label will put at risk the confidential nature of his property, he shall be permitted to refer to that substance either by means of a name which identifies the most important functional chemical groups of the substance or by means of an alternative name giving equivalent information.

(2) In a case to which paragraph 3(1) applies, the supplier shall notify the Department of his intention to so label the preparation.

(3) Where the Department receives a notification in accordance with sub-paragraph (2), it shall forthwith inform the European Commission thereof.

(4) Regulation 10 of the Notification of New Substances Regulations (Northern Ireland) 1985[^f00058] (which relates to disclosure of information notified) shall apply to information notified under sub-paragraph (2) as it applies to information notified under those Regulations.

Indications of danger and symbols for substances and preparations dangerous for supply.

4

(1) Except in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, where a substance or preparation is required to have more than one indication of danger in either of the following groups listed in decreasing order of severity—

(a) explosive, oxidizing, extremely flammable and highly flammable: or

(b) very toxic, toxic, corrosive, harmful and irritant,

only one of the indications of danger with its symbol from each group corresponding to the most severe indication of danger in that group need be shown.

(2) The risk phrases R12 (extremely flammable) and R11 (highly flammable) need not be used if they repeat the indication of danger shown on the label.

Designation of pesticides to which Schedule 5 applies

5

(1) A preparation which is a pesticide shall be designated by—

(a) the trade name or trade designation of the preparation;

(b) the name and concentration of each active ingredient in the preparation and the concentration thereof shall be expressed—

(i) in the case of pesticides which are supplied as solids, in aerosol dispensers, or as volatile or viscous liquids, as percentage by weight.

(ii) for other liquids as percentage by weight or as grammes per litre, or

(iii) for gases, as percentage by volume; and

(i) required to have the symbol-letter T+ or T, if the concentration thereof exceeds 0.2 per cent by weight,

(ii) required to have the symbol-letter C or Xn, if the concentration thereof exceeds 5 per cent by weight.

(2) The label shall also show—

(a) the net quantity of the preparation;

(b) the batch number; and

(c) in the case of a preparation required to have the symbol-letter T+, T or Xn, an indication that the container must not be re-used except in the case of containers that are specifically designed for re-use, recharging or refilling by the supplier of the pesticide.

PART II — SPECIAL PROVISIONS ON THE LABELLING OF CERTAIN PREPARATIONS

Application

6

The provisions of this Part shall be in addition to and not in substitution for any other labelling requirements imposed by these Regulations or by or under any other statutory provision.

Very toxic, toxic or corrosive preparations sold to the general public

7

(1) The labels on packages containing a preparation which is required to have the symbol-letter T+, T or C and which are intended to be supplied to the general public shall show the safety phrase S1/2 (keep locked up and out of the reach of children) and S4 (if swallowed seek medical advice immediately and show this container or label) together with any other safety phrases which may be assigned to the preparation under these Regulations.

(2) Where it is physically impossible to give such information on the package itself, a package containing a preparation to which this paragraph applies shall be accompanied by precise and easily understandable instructions for use including, where appropriate, instructions for the destruction of the empty package.

Paint and varnishes containing lead

8

(1) The label on a package of paint or varnish containing lead in quantities exceeding 0.15% expressed as a percentage of the weight of metal in relation to the percentage of the total weight of the preparation, as determined in accordance with ISO standard 6503/1984 shall show the following particulars—

Contains lead. Should not be used on surfaces that are liable to be chewed or sucked by children

(2) In the case of a package containing less than 125 millilitres of such preparations the label may show the following particulars—

Warning. Contains Lead

Cyanoacrylate-based adhesives

9

(1) The immediate package of a cyanoacrylate-based adhesive shall bear the following inscription—

Cyanoacrylate Danger. Bonds skin and eyes in seconds. Keep out of the reach of children

(2) Appropriate safety advice shall accompany a package to which sub-paragraph (1) applies.

Preparations containing isocyanates

10

The package label of a preparation containing isocyanates (whether as monomers, oligomers, prepolymers etc. or as mixtures thereof) shall bear the following inscription—

Contains isocyanates. See information suplied by the manufacturer

Certain preparations containing epoxy constituents

11

The package label of a preparation containing epoxy constituents with an average molecular weight ≤ 700, shall bear the following inscription—

Contains epoxy constituents. See information supplied by the manufacturer

Preparations dangerous for supply intended to be sprayed

12

The package label of a preparation intended for use by spraying shall bear the safety phrases S23 (do not breathe gas/fumes/vapour/spray [appropriate wording to be specified by the manufacturer]) and S38 (in case of insufficient ventilation wear suitable respiratory equipment) or S23 and S51 (use only in well ventilated areas), depending on the application criteria set out in the approved classification and labelling guide together with any other safety phrases which may be assigned to the preparation under these Regulations.

Preparations containing active chlorine intended to be supplied to the general public

13

The package label of a preparation containing more than 1% of active chlorine intended to be supplied to the general public shall bear the following inscription—

Warning! Do not use with other products. May release dangerous gases (chlorine)

Preparations containing cadmium (alloys) intended to be used for brazing or soldering

14

The package label of a preparation containing cadmium (alloys) intended to be used for brazing or soldering shall bear the following inscription—

Warning! Contains cadmium. Dangerous fumes are formed during use. See information supplied by the manufacturer. Comply with the safety instructions

SCHEDULE 8 — Particulars to be shown on labels for substances (including preparations) dangerous for carriage

Provisions relating to the designation and naming of substances dangerous for carriage

1

The provision of paragraphs 2 to 6 shall have effect to designate substances classified as dangerous for carriage for the purposes of regulation 10(2)(b)(i).

Designation of substances other than preparations

2

A substance other than a preparation shall be designated—

(a) where the substance is listed in Part 1 of the approved carriage list, by the name being one of the names by which it is described in that Part; or

(b) where the substance is not listed in Part 1 of the approved carriage list, by the chemical name or accepted common name of the substance,

and where in paragraphs 4 to 6 a substance is required to be named, sub-paragraphs (a) and (b) shall apply to the naming of that substance.

Designation of hazardous wastes

3

Notwithstanding paragraph 2(a), in the case of a hazardous waste, the entry in Part 1 of the approved carriage list most fully and accurately describing the properties of that waste shall be selected for the purposes of its designation.

Designation of articles listed in Part 3 of the approved carriage list

4

An article which is described in Column 1 of Part 3 of the approved carriage list shall be appropriately designated in the terms of that description.

Designation of preparations

5

A substance dangerous for carriage not listed in Part 1 of the approved carriage list and which is a preparation shall be designated by—

(a) the trade name or trade designation of the preparation; and

(b) the description of the preparation which shall be either—

(i) a group name where this indicates the nature of the preparation, or

(ii) the word “contains” after which the name of any substance which is a component of the preparation and significantly contributes to its characteristic properties shall be given.

Designation of substances in packages containing two or more receptacles

6

Where a package which is required to be labelled as dangerous for carriage contains two or more substances which are dangerous for carriage, those substances shall be designated either by—

(a) the name of each such substance ascertained in accordance with paragraphs 2 to 5; or

(b) a description which indicates the nature of those substances.

Substance identification number

7

Except where the package contains two or more different substances dangerous for carriage when no substance identification numbers need be shown, the substance identification number shall be ascertained for the purposes of regulation 10(2)(b)(ii) as follows—

(a) in the case of a substance which is listed in Part 1 of the approved carriage list, the number shall be that specified in the appropriate entry in Column 2 of that Part;

(b) in the case of any other substance, the number shall be that, if any, specified in Column 2 of Part 2 of the approved carriage list as corresponding to—

(i) the most relevant general description for that substance specified in Column 1 of that Part, and

(ii) the classification determined in accordance with regulation 7 and specified in Column 3 of that Part; or

(c) in the case of an article which is listed in Part 3 of the approved carriage list, the number shah be that specified in the appropriate entry in Column 2 of that Part.

The hazard warning sign

8

The hazard warning sign shall be ascertained for the purpose of regulation 10(2)(b)(iii) as follows—

(a) in the case of a substance which is listed in Part 1 of the approved carriage list, the hazard warning sign shall be that specified in the appropriate entry in Column 3 of that Part;

(b) in the case of any other substance, the hazard warning sign shall be that specified in Column 3 of Part I of Schedule 3 as corresponding to the characteristic property of the substances specified in the appropriate entry in Column 1 of that Part, determined in accordance with the provisions of regulation 7;

(c) in the case of an article which is listed in Part 3 of the approved carriage list, the hazard warning sign shall be that specified in the appropriate entry in Column 3 of that Part;

(d) in the case of a package containing two or more substances in separate receptacles, the hazard warning sign shall be—

(i) if all the substances are classified as having the same hazard warning sign, that sign, or

(ii) if all such substances do not have the same classification, either signs corresponding to each classification or the sign for mixed hazards.

Other particulars in the case of packages containing two or more substances in separate receptacles

9

Where a package contains more than one substance which is dangerous for carriage, regulation 10(2)(a) and (c) shall apply in respect of each substance as in the case where a package contains a single substance.

SCHEDULE 9 — Amendments to the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

1

The Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991[^f00059] shall be amended as provided in paragraphs 2 to 7.

2

In regulation 2(1) (Interpretation)—

(a) for the definition of “approved list” there shall be substituted—

“approved list” means the “approved carriage list” described in regulation 4(2) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 412);

; and

(b) in the definition of “classification” for sub-paragraph (a)(ii) there shall be substituted—

(ii) the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 in relation to substances which are dangerous for carriage within the meaning of those Regulations; or

3

For regulation 3(2)(b) (Meaning of “dangerous substance”) there shall be substituted—

(b) it is a “substance dangerous for carriage” within the meaning of regulation 2(1) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993.

4

In regulation 24(a)(ii) (Portable tanks and receptacles), for the words from “regulation 7 of” to the end of that sub-paragraph, there shall be substituted the words “regulation 8 of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993.”.

5

In regulation 25 (Labelling)—

(a) in paragraph (1)(b)(ii) for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”; and

(b) for paragraph (2)(b) there shall be substituted—

(b) the Chemicals (Hazard Information and Packaging,) Regulations (Northern Ireland) 1993 relating to the labelling for carnage;

6

In Schedule 1 (The Classification of and Hazard Warning Signs for Dangerous Substances)—

(a) in Note 1, for the words “paragraph 2 of Part III of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “paragraph 1 of Part II of Schedule I to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”;

(b) in Note 2, for the words “Part III of Schedule 2 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “Part III of Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”; and

The flash point shall be determined in accordance with Part III of Schedule 1 to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993.

7

In Schedule 3, sub-paragraph (c), for the words “in accordance with one of the methods described in Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted Chemicals (Hazard the words “in accordance with Part III of Schedule 1 to the 1993”. Information and Packaging) Regulations (Northern Ireland)

SCHEDULE 10 — Amendments to enactments relating to the flash point of flammable liquids

1

Petroleum (Consolidation) Act (Northern Ireland), 1929[^f00060]

2

Petroleum (Mixtures) Order (Northern Ireland) 1930[^f00061]

(i) Article I

(ii) The Schedule, Part II, paragraphs 1,2 and 3

3

The Dry Cleaning Special Regulations (Northern Ireland) 1950[^f00062]

(i) Regulation 2(2)

4

The Shipbuilding and Ship-repairing Regulations (Northern Ireland) 1971[^f00063]

5

The Highly Flammable Liquids and Liquefied Petroleum Gases Regulations (Northern Ireland) 1975[^f00064]

(i) Regulation 2(1)

SCHEDULE 11 — Amendments to the Road Traffic Regulations

PART I — AMENDMENTS TO THE ROAD TRAFFIC (CARRIAGE OF DANGEROUS SUBSTANCES IN PACKAGES ETC.) REGULATIONS (NORTHERN IRELAND) 1992

1

The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations (Northern Ireland) 1992[^f00065] shall be amended in accordance with paragraphs 2 to 5.

Regulation 2

2

(1) In regulation 2(1)—

(a) the definition of “the 1985 Regulations” shall be revoked:

(b) after the definition of “the 1992 Regulations” there shall be inserted—

“the 1993 Regulations” means the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 412);

“approved carriage list” means “the approved carriage list” described in Regulation 4(2) of the 1993 Regulations;

(d) in the definition of “dangerous substance”—

(i) in sub-paragraph (a), for the words from “as dangerous” to “the approved list” there shall be substituted the words “as dangerous for carriage in Column 1 of Part 1 of the approved carriage list” and for the words from “specified in Column 1” to the end there shall be substituted the words “specified in Column I of Part I of Schedule 3 to the 1993 Regulations;”,

(ii) in sub-paragraph (b), for the words from “as dangerous” to “the approved list” there shall be substituted the words “as dangerous for carriage in Column 1 of Part 2 of the approved carriage list” and for the words from “specified in Column 1” to the end there shall be substituted “specified in Column 1 of Part I of Schedule 3 to the 1993 Regulations;”,

(iii) in sub-paragraph (c), for the words “regulation 6(4) of the 1985 Regulations” there shall be substituted the words “regulation 7(5) of the 1993 Regulations”, and

(iv) in sub-paragraph (e), for the words “regulation 6(4) of the 1985 Regulations” there shall be substituted the words “regulation 7(5) of the 1993 Regulations”;

(e) in the definition of “flammable gas”, for the words “paragraph (2) or (4) of regulation 6 of the 1985 Regulations” there shall be substituted the words “paragraph (2), (3) or (5) of regulation 7 of the 1993 Regulations”;

(f) in the definition of “flammable solid”, for the words “paragraph (2) or (4) of regulation 6 of the 1985 Regulations”, there shall be substituted “paragraph (2), (3) or (5) of regulation 7 of the 1993 Regulations”;

(g) in the definition of “flash point”, for the words “the 1985 Regulations”, there shall be substituted the words “the 1993 Regulations”:

(h) in the definition of “organic peroxide”, for the words “regulation 6(4) of the 1985 Regulations”, there shall be substituted the words “regulation 7(5) of the 1993 Regulations”; and

(i) in the definition of “toxic gas”, for the words “paragraph (2) or (4) of Regulation 6 of the 1985 Regulations”, there shall be substituted the words “paragraph (2), (3) or (5) of regulation 7 of the 1993 Regulations”.

(2) In regulation 2(3)(a)— for paragraph (i),L there shall be substituted—

(i) in the case of a dangerous substance listed as dangerous for carriage in Column 1 of Part 1 of the approved carriage list or which falls within one of the groups of substances listed as dangerous for carriage in Column 1 of Part 2 of the approved carriage list, as a reference to the packing group (if any) which is specified in the corresponding entry in Column 4 of the Part in which it is listed or grouped as aforesaid,

(b) in paragraph (ii), for the words from “classified as” to “1985 Regulations” there shall be substituted the words “classified as dangerous for carriage in accordance with regulation 7(5) of the 1993 Regulations”; and

(c) in paragraph (iii), for the words from “classified as” to “1985 Regulations” there shall be substituted the words “classified as dangerous for carriage in accordance with regulation 7(5) of the 1993 Regulations”.

Regulation 3

3

(1) In regulation 3(2)(j), for the words “sub-paragraphs (d) to (j) of regulation 3(1) of the 1985 Regulations” there shall be substituted the words “sub-paragraphs (b) to (g) of regulation 3(1) of the 1993 Regulations”.

Regulation 16

4

(1) In regulation 16(2)(b), for the words “paragraph (2) or (4) of regulation 6 of the 1985 Regulations” there shall be substituted the words “paragraph (2), (3) or (5) of regulation 7 of the 1993 Regulations”.

(2) In regulation 16(2)(c), for the words “paragraph (2) or (4) of regulation 6 of the 1985 Regulations” there shall be substituted the words “paragraph (2), (3) or (5) of regulation 7 of the 1993 Regulations”.

The Schedule

5

(1) In the heading to Part I of the Schedule, for the words “dangerous for conveyance by road in accordance with Regulation 6(4) of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “dangerous for carriage in accordance with regulation 7(5) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

(2) In each entry in Column 1 of Part I of the Schedule, for the words “regulation 6(4) of the 1985 Regulations”, there shall be substituted the words “regulation 7(5) of the 1993 Regulations”.

(3) In the heading to Part II of the Schedule, for the words “regulation 6(4) of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985”, there shall be substituted the words “regulation 7(5) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

(4) In the heading of Part III of the Schedule, for the words “regulation 6(4) of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985”) there shall be substituted the words “regulation 7(5) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

PART II — AMENDMENTS TO THE ROAD TRAFFIC (CARRIAGE OF DANGEROUS SUBSTANCES IN ROAD TANKERS AND TANK CONTAINERS) REGULATIONS (NORTHERN IRELAND) 1992

1

The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992[^f00066] shall be amended in accordance with paragraphs 2 and 3.

Regulation 2

2

In regulation 2(1) in the definition of “flash point”, for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 412)”.

Schedule 1

3

(1) In Part I of Schedule 1, in sub-paragraph (b) of the description of the characteristic properties of a substance classified as “flammable liquid” in Column 1, for the words “Part III of Schedule 2 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “Part III of Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

(2) In Part III of Schedule 1, in paragraph 3(c), for the words “paragraph 3 of Part II of Schedule 2 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland 1985” there shall be substituted the words “paragraph 4 of Part 11 of Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

(3) In Part IV of Schedule 1, in paragraph 3(c), for the words “paragraph 3 of Part II of Schedule 2 to the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985”, there shall be substituted the words “paragraph 4 of Part II of Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

PART III — AMENDMENTS TO THE ROAD TRAFFIC (TRAINING OF DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS) REGULATIONS (NORTHERN IRELAND) 1992

1

The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) (Northern Ireland) Regulations 1992[^f00067] shall be amended in accordance with paragraphs 2 and 3.

Regulation 2

2

(1) In Regulation 2(1)—

(a) for the definition of “approved list”, there shall be substituted—

“approved carriage list” means “the approved carriage list” described in regulation 4(2) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 412);

; and

(b) in the definition of “flash point”, for the words “the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

Schedule 2

3

In Part II of Schedule 2, in sub-paragraph (4, for the words “sub-paragraphs (d) to (j) of regulation 3(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985” there shall be substituted the words “sub-paragraphs (b) to (g) of regulation 3(1) of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993”.

Signed

Sealed with the Official Seal of the Department of the Economic Development on

Philip B. Strong — Assistant Secretary — 11th October 1993

Explanatory note

(This note is not part of the Regulations.)

These Regulations which regulate the classification, packaging and labelling of substances and preparations dangerous for supply or carriage replace the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 which they revoke.

The Regulations implement as respects Northern Ireland the provisions of the following Directives—

(a) Council Directive 92/32/EEC (O.J. No. L154, 5.6.92, p. 1) amending for the 7th time Council Directive 67/548/EEC (O.J. No. L196, 16.8.67, p. 1 (O.J./S.E. 1967, p. 234)) insofar as these provisions relate to the classification, packaging and labelling of dangerous substances;

(b) Council Directive 88/379/EEC (O.J. No. L187, 16.7.88, p. 14) as amended by Commission Directive 90/492/EEC (O.J. No. L275, 5.10.90, p. 35) on the classification, packaging and labelling of dangerous preparations;

(c) Council Directive 78/631/EEC(O.J. No. L206,29.7.78, p. 13) on the classification, packaging and labelling of dangerous substances (pesticides); and

(d) Commission Directive 91/155/EEC(O.J. No. L76, 22.3.91, p. 35) on the system of specific information relating to dangerous preparations (safety data sheets),

except insofar as those Directives relate to the provision of child resistant fastenings for certain packages containing dangerous substances and preparations.

Regulation 3 describes the scope of the Regulations. Regulation 4 defines and describes “the approved supply list” and “the approved carriage list” that have respectively been approved by the Department of Economic Development and published by the Health and Safety Commission for the purposes of classifying substances and preparations dangerous for supply or carriage.

Regulation 5 prohibits the supply of substances dangerous for supply unless they are classified in accordance with that regulation. Substances are dangerous for supply if they are classified in the approved supply list or are substances which have the properties described in Schedule 1.

Preparations (other than pesticides) are dangerous for supply if, when classified in accordance with Schedule 4, they are in one or more of the categories of danger specified in Schedule 1. Special rules for the classification of pesticides (other than pesticides approved or required to be approved under the Food and Environment Protection Act 1985) are set out in Schedule 5.

Regulation 6 describes the safety data sheets which (with certain exceptions) are required to be provided when substances or preparations dangerous for supply are supplied and Schedule 6 sets out the headings under which particulars are to be provided in safety data sheets.

Regulation 7 prohibits the consignment for carriage of a substance dangerous for carriage unless it is classified in accordance with that regulation, Substances (including preparations) are dangerous for carriage if they are classified in the approved carriage list or are substances which have the properties described in Schedule 3.

The Regulations impose requirements in respect of the packaging of substances and preparations dangerous for supply or carriage (regulation 8), in respect of the particulars to be displayed on labels for substances and preparations dangerous for supply (regulation 9 and Schedule 7) and for carriage (regulation 10 and Schedule 8).

Certain derogations are permitted from the labelling requirements (regulations 11 and 12).

Regulation 13 imposes special labelling requirements for certain preparations dangerous for supply and Schedule 7 sets out the particulars to be shown on such labels. Regulation 14 sets out the methods of labelling packages containing substances and preparations dangerous for supply or for carriage. Regulation 15 specifies that where labelling complies with these Regulations, then it is deemed to satisfy the requirements of certain enactments.

Regulation 16 requires the person who classifies a substance or preparation dangerous for supply to retain the data used for the classification for three years and make it available to the enforcing authority on request. Regulation 17 requires information in relation to certain preparations dangerous for supply to be notified to the poisons advisory centre.

Regulation 18 makes provisions for exemptions to be granted in certain circumstances by the Department of Economic Development. Regulation 19 provides for enforcement and for a defence in the case of contravention of the Regulations. Regulation 20 and Schedules 9 and 10, regulation 21 and Schedule 11 amend certain enactments. Regulation 22 revokes the Classification, Packaging, Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 and certain other regulations. Regulation 23 sets out transitional provisions.

Copies of the publications referred to in these Regulations are obtainable as follows:—

(a) from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS;

(i) the approved carriage list [ISBN 0-11-882157-1],

(ii) the approved supply list [ISBN 0-11-882156-3] and

(iii) the approved classification and labelling guide [ISBN 0-11-882155-5],

(b) from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast, BT1 4GD;

(i) Regulations concerning the International Carriage of Goods by Rail (RID) [ISBN 0-11-550814-7], and

(ii) European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) [ISBN 0-11-550901-1],

(c) the International Maritime Dangerous Goods Code (IMDG) [Volumes I to IV ISBN 92-801-1055-1, Volume V [ISBN 92-801-1125-6] from the International Maritime Organisation, 4 Albert Embankment, London, SE1 7SR;

(d) Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement [ISBN 0-9400394-18-9] from International Aeradio Ltd., Aeradio House, Hayes Road, Southall, Middlesex, UB2 5NG; and

(e) The British, national and international standard specifications referred to in Part III of Schedule 1 (relating to the determination of flash point) from (by personal callers) the British Standards Institution, 2 Park Street, London W1A 2BS or (by post) from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.

Footnotes

[^f00001]: S.I. 1976/897

[^f00002]: 1972 c. 68

[^f00003]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00004]: S.I. 1978/1039 (N.I. 9)

[^f00005]: Cmnd. 734

[^f00006]: O.J. No. C146A 15.6.90. p. 1

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