Pencils and Graphic Instruments (Safety) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2406 |
| Year | 1998 |
1998 No. 2406
CONSUMER PROTECTION
The Pencils and Graphic Instruments (Safety) Regulations 1998
Made 26th September 1998
Laid before Parliament 6th October 1998
Coming into force 9th November 1998
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 19871, consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations, such other persons as he considers appropriate and the Health and Safety Commission:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 11 of the said Act read with article 6 of the Consumer Protection Act 1987 (Commencement No. 1) Order 19872, hereby makes the following Regulations:–
Title, commencement and application
1.—(1) These Regulations may be cited as the Pencils and Graphic Instruments (Safety) Regulations 1998 and shall come into force on 9th November 1998.
(2) These Regulations shall not apply to any pencil, pen, brush, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) previously supplied before 1st August 1974.
Revocation
2. The Pencils and Graphic Instruments (Safety) Regulations 19743and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 19754are revoked.
Interpretation
3.—(1) In these Regulations–
“brush” does not include any brush which measures more than 12mm across the breadth of the end of the ferrule;
“BS EN 71–3” means the British Standard Specification for the safety of toys – Part 3: migration of certain elements BS EN 71–3: 1995 published by the British Standards Institution on 15th June 19955;
“paint” includes lacquer, varnish and other similar preparations;
“soluble”, in relation to an element or compound contained in a coating or substance, means capable of being dissolved by the method described in the Schedule; and
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly6.
(2) A reference in these Regulations to BS EN 71–3 is a reference to that standard as it has effect when these Regulations are made, provided that where that standard is amended or revised after these Regulations are made and the amendment or revision is approved by the Secretary of State, that reference shall be construed at any time after such approval as a reference to that standard as so amended or revised.
(3) For the purpose of these Regulations, BS EN 71–3 shall be read as though–
(a)
(a) it applied to the articles to which these Regulations apply; and
(b)
(b) every reference to 1,1,1–trichloroethane were a reference ton-heptane.
(4) The requirements of regulations 4(2) and 5(2) below shall be satisfied if the pencil, pen, brush, crayon, chalk or other article conforms to any standard or specification recognised for use in a member State of the European Economic Community or any other State within the European Economic Area, provided that conformity to such a standard or specification provides a level of safety at least equivalent to that which would be provided by compliance with those requirements, and any reference to those requirements shall be construed accordingly.
(5) Unless the contrary intention appears, any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Requirements relating to coatings of paint on pencils, pens and brushes
4.—(1) Subject to paragraph (3), no person shall supply a pencil, pen or brush which fails to satisfy the requirements of paragraph (2).
(2) The requirements of this paragraph are that a pencil, pen or brush shall not have any coating of paint which–
(a)
(a) contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by...
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