Packaging and Labelling of Dangerous Substances Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/209 |
1978 No. 209
HEALTH AND SAFETY
The Packaging and Labelling of Dangerous Substances Regulations 197815thFebruary 1978
1stMarch 1978
for all purposes of Regulation 1(a)for all purposes of Regulation 1(a)1stSeptember 1978for all other purposes1stMarch 1979
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Substances to which these Regulations apply.
4. Packaging of prescribed dangerous substances.
5. Particulars to be shown on containers of prescribed dangerous substances.
6. Methods of marking or labelling containers.
7. Enforcement.
8. Labelling under these Regulations to satisfy requirements of certain other statutory provisions.
9. Application.
Schedule 1 Prescribed dangerous substances Schedule 2 Indication of general nature of risk Schedule 3 Indication of particular risks Schedule 4 Indication of safety precautions required Schedule 5 Apparatus and methods for determining the flash point of petroleum distillates Schedule 6 Special provisions relating to certain substances included in Schedule 1.
The Secretary of State, being the designated(a) Minister for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, in exercise of the powers conferred upon him by the said section 2 and sections 15(1), (3)(a) and (c), (4)(b) and (6)(b) and (d) and 82(3)(a) of, and paragraph 1(1)(b) and (4) of Schedule 3 to, the Health and Safety at Work etc. Act 1974(c) ("the 1974 Act") as amended by section 116 of and paragraph 6 of Schedule 15 to the Employment Protection Act 1975(d) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying
(a) S.I. 1976/897.
(b) 1972 c. 68.
(c) 1974 c. 37.
(d) 1975 c. 71.
out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Packaging and Labelling of Dangerous Substances Regulations 1978 and shall come into operation—
(a) in relation to substances in a container of 200 litres capacity or more, on 1st September 1978;
(b) in any other case on 1st March 1979.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
"container" includes any receptacle, wrapper and other form of packaging;
"corrosive", "explosive", "flammable", "harmful", "highly flammable", "irritant", "oxidizing" and "toxic" in relation to a substance, describe a substance required by Regulation 5(1)(c) and Schedule 2 to have its container so marked;
"prescribed dangerous substance" means a substance specified in Schedule 1 (any flash points being determined in accordance with Schedule 5) whether or not—
(a) a stabiliser has been added to it; or
(b) it contains impurities which are normal to the manufacture or extraction of the substance;
but does not include preparations which include or contain such a substance; and any reference in these Regulations to a concentration range in relation to a prescribed dangerous substance, is a reference to that substance in aqueous solution;
"shop" means a shop within the meaning of the Shops Act 1950(a);
"supply" means—
(a) supply by way of sale, offer for sale, lease, hire or hire purchase;
(b) supply by way of commercial sample;
(c) transfer from a factory, warehouse or other establishment and its curtilage to another establishment, whether or not in the same ownership, for further processing or use in a process or in manufacture,
whether as principal or as agent for another.
(2) Unless the context otherwise requires any reference in these Regulations to—
(a) a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations bearing that number;
(b) a numbered paragraph is a reference to the paragraph bearing that number in the Regulation in which the reference appears;
(c) any provision made by or contained in an enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification.
(3) The Interpretation Act 1889(b) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(a) 1950 c. 28.
(b) 1889 c. 63.
Substances to which these Regulations apply
3. These Regulations apply to the classification, packaging and labelling of prescribed dangerous substances, except—
(a) when the substance is supplied for use as—
(i) motor fuel,
(ii) munitions, or
(iii) a pesticide;
(b) a substance which is either—
(i) a medicinal product as defined in section 130 of the Medicines Act 1968(a), or
(ii) a substance specified in an order made under section 104 or section 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of the Act shall have effect in relation to such substance as such provisions have effect in relation to medicinal products within the meaning of the Act;
(c) the delivery of a prescribed dangerous substance—
(i) by means of a pipe, or
(ii) into a storage tank or storage vessel which is provided by the person to whom the substance is supplied;
(d) a gas which is compressed, liquefied or dissolved under pressure;
(e) when the substance is supplied for export;
(f) paraffin when supplied from a vending machine or bulk container into a container provided by the person to whom it is supplied;
(g) when a substance has been imported into Great Britain but is still under the control of HM Commissioners of Customs and Excise.
Packaging of prescribed dangerous substances
4. No prescribed dangerous substance shall be supplied to any person unless—
(a) it is in a container which is designed, constructed and secured so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling except that this sub-paragraph shall not prevent the fitting of a suitable safety device; and
(b) the container and the fastening of the container in so far as they are likely to come into contact with the substance are made of materials which are neither liable to be adversely affected by the contents nor liable in conjunction with the contents to form any other substance (whether prescribed or not) which is itself a risk to health or safety.
Particulars to be shown on containers of prescribed dangerous substances
5.—(1) Subject to paragraphs (2), (3), (4) and (6) no prescribed dangerous substance shall be supplied to any person unless it is in a container which clearly shows, in accordance with Regulation 6 the following particulars:—
(a) the name of the substance, being one of the names by which it is described in Schedule 1;
(b) the name and address of the manufacturer, the importer, the whole-saler or the supplier of the substance;
(a) 1968 c. 67.
(c) the word or words, if any, in the relevant entry in column 2 of Schedule 1 and the symbol or symbols, if any, in Schedule 2 relating to that word or those words;
(d) the indication of the particular risk or risks referred to in the relevant entry in column 3 of Schedule 1 and set out in Schedule 3; except that this sub-paragraph shall not apply to a container of 125 millilitres capacity or less where the substance it contains is not an explosive, toxic or corrosive substance;
(e) the indication of the safety precautions referred to in the relevant entry in column 4 of Schedule 1 and set out in Schedule 4; except that this sub-paragraph shall not apply to a container of 125 millilitres capacity or less.
(2) The words "highly flammable" need not be shown under sub-paragraph (c) of paragraph (1) if those words or the words "extremely flammable" are the only words required under sub-paragraph (d) of that paragraph.
(3) The provisions of paragraph (1) and Schedule 1 shall have effect subject to the provisions of Schedule 5 (which contains provisions for determining the flash point of petroleum distillates) and Schedule 6 (which contains special provisions for certain substances).
(4) Paragraph (1)(c) and (e) shall not apply where the container is labelled in accordance with the transport rules mentioned in paragraph (7); and when it is so labelled it shall be a sufficient compliance with paragraph (1)(d) if the word "inflammable" is used where but for this paragraph the word "flammable" would have been required.
(5) Without prejudice to paragraph (1), where a prescribed dangerous substance is in a container which is enclosed in one or more other containers, no person shall supply that substance to any person unless the outermost container either—
(a) shows, in accordance with Regulation 6, the particulars required by paragraph (1); or
(b) shows the particulars required by the transport rules mentioned in paragraph (7).
(6) Except in the case of an explosive, corrosive or toxic substance, labelling is not required under this Regulation where the quantity of the substance is so small that it does not constitute a danger to workers or other persons.
(7) The transport rules referred to in paragraphs (4) and (5)(b) are—
(a) the requirements of law, if any, including bye-laws made, or having effect as if made, under section 67 of the Transport Act 1962(a) relating to the carriage of that substance by road, rail, inland waterway, sea or air; or
(b) the appropriate provisions of—
(i) the Restricted Articles Regulations of the International Air Transport Association,
(ii) the International Maritime Dangerous Goods Code issued by the Inter-Governmental Maritime Consultative Organisation,
(a) 1962 c. 46.
(iii) the European Agreement Concerning the International Carriage of Dangerous Goods by...
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