A1 There are a number of ways you can do this:
A2 A2 CHIP only applies to Great Britain, although there are similar Regulations in Northern Ireland. Other European Member States have their own law, based on the same EC measures as CHIP. In theory, compliance should be achieved by translation of labels and safety data sheets. In practice, we suggest you check with the regulatory agency in the country concerned.
CHIP does not apply to the labelling of these products and the labels do
not have to be labelled in English. The labelling requirements of the Member
State in which the chemicals are marketed apply. But you may need to comply
with CHIP as well if you are supplying to the overseas recipient through
a British company who will store them prior to sale for shipment.
A3 While carrying out inspections HSE Inspectors and Trading Standards Officers may check for noncompliance with CHIP. Noncompliance can also be exposed following investigation of an accident or a complaint. Where noncompliance is detected an enforcement (Improvement or Prohibition) notice may be issued or legal action taken in the Courts.
The Royal Pharmaceutical Society of great Britain enforces the CHIP Regulations when a dangerous chemical is supplied from retail pharmacies.
A4 HSC enforcement Policy Statement.(LAC22-15)[withdrawn]
A5 The wording of CHIP allows this obligation to be met in a variety
of ways. To be certain of complying, an advertiser should include the category/categories
of danger in which the chemical has been classified, together with the R-phrases
and also any special labelling phrases that are required to be shown on
the label by CHIP Schedule 5 Part II. There may be other ways of mentioning
the hazards, including the use of the appropriate symbols.
You are not obliged to mention the hazards of your preparation in an advertisement
if you can be certain that nobody will use the advertisement to make a purchase
in a private capacity.
A6. You will have to liaise with the appropriate agency in the country concerned, but because CHIP is based on EU Directives the same standards should apply.
A7 No. this is a common misunderstanding. There are no derogations from classification for 'articles' in CHIP, or in the European Directives from which it is derived. So if you are supplying a dangerous substance or preparation which can present a risk - in any form - in principle you will have to classify it and provide information by means of safety data sheets. However, it is recognised that in some cases, the form in which the chemical is supplied may mean that it does not need to be labelled. This is a difficult area in which a case-by-case approach must be taken. However, you can find guidance about it on page 109 of the "Manual of Decisions for implementation of. …Directive 67/548/EEC on Dangerous Substances [PDF 1MB] ". This part of the manual is mainly concerned with notification of new substances, but it also addresses the packaging and labelling of existing chemicals when they are placed on the market.
A8 Regulation 10(7) of CHIP says: ‘If the package is an awkward shape or so small that it is unsuitable to attach a label complying with paragraphs (2) and (5), the label shall be attached in some other appropriate manner.’ Paragraphs 2 and 5 deal with secure fixing of a label and dimensions of the package. For instance, where it is physically impossible to include the advice on the label or the package itself, you may insert safety advice on the use of the preparation in the package. Alternatives to the requirements of paragraphs 2 and 5 include tie-on labels and fold-out labels.
A9 Despite the footnote on page 2 of the Approved Classification and Labelling Guide, our view is that thereis no legal or practical need to adopt Annex V of the Dangerous Substances Directive as an ACOP. The footnote is an editorial error which will be corrected in the next edition Annex V test methods can be consulted on the website of the European Chemicals Bureau: http://ecb.jrc.it/
A10 The basic procedure is to first check your chemical is not exempted from CHIP3 (regulation 2), then:
There are a number of occasions where these rules may be modified or not apply so you will need to read the appropriate parts of CHIP before classifying your chemical. You may need to obtain expert advice to help you classify, if you are responsible for classifying a chemical you should be competent to do so.
A11 The above methodology applies but if classification is done by the conventional method (Schedule 3 of CHIP) then appropriate concentration limits to plug into the calculation appear in either the Approved Supply List (ASL) or, if the substance is not listed in the ASL or appears in it without concentration limits, in Part II of Schedule 3 to the CHIP Regulations.
A12 If the substance is on the Approved Supply List (ASL) but your information conflicts with the classification then:
A13 Under CHIP you have to take all reasonable measures to ensure you are complying with the law - this is called due diligence. Where you have conflicting information you will need to approach your suppliers to find out how they classified the substance. You may then realise that one of them is incorrect. But if the position is not clear you may need to carry out your own investigation for information. Once you have this information you should classify it on the basis of an assessment of the evidence by a competent person.
A14 You are not allowed to supply a dangerous chemical unless you have classified it (regulation 4 of CHIP3). You must also identify the more dangerous ingredients on the label. It would be difficult to be sure either of these are correct unless you know the composition. Under CHIP you must take all reasonable precautions and exercise all due diligence to ensure you are complying with the law. You may therefore need to make enquiries to assure yourself that the information on classification you are being given is correct.
A15 You will need to ensure that the the English part of the label complies with the label size requirement in CHIP3 (regulation 10(5)). CHIP also requires that the information on labels be clear and easy to read.
A16 There is nothing to stop suppliers putting additional information on the label as long as the regulatory information appears in the right format (CHIP3 regulation 8 (7)) and is not compromised by the information that you add.
A17 The names used must be from an internationally recognised system, for example:
It may be necessary to list several names after the word 'contains'. Each chemical should be named using the form:
A18 Regulation 5 of CHIP3 requires you to send a copy of the safety data sheet to the recipient the first time the chemical is provided. If the safety data sheet (SDS) is updated then you need to send a copy to those recipients who have received the chemical within the last 12 months. Safety data sheets need not be supplied when your chemical is sold to the public where it is not for use at work and sufficient information is given to enable recipients to take the necessary measures to ensure health and safety.
A19 No. The safety data sheet (SDS) has to be positively provided to the recipient. This could be electronically, ie by fax or e-mail, but only if this is acceptable to the recipient.
A20 An Approved Code of Practice (ACOP) gives advice on how to comply with the law - in this case Regulation 5 of CHIP3. It has a special status in law in that if you are prosecuted for breach of Regulation 5 of CHIP and it is proved you have not followed the ACOP then a court will find you at fault, unless you can prove you have complied with the law in some other way.
A21 One self-help group we know of (there may be others) is the Chemical Hazards Communications Society (CHCS).
A22 No. Article 15 of the DPD states that confidentiality is only applicable to substances classified as irritant (excluding severe eye irritation) and/or acutely harmful, or these classifications in combination with a physico-chemical or environmental hazard.
Therefore, a substance classified as Dangerous for the Environment only is not in scope for confidentiality. This will not affect the label since these substances do not need to be mentioned on it. However, the chemical identity of such substance must be disclosed on the SDS.
A23 Subsequent users of a preparation covered by a confidentiality application will need to submit a new confidentiality application themselves if they change the composition of preparation (eg blending, diluting). If this company does not have access to the chemical name of the substance themselves, the HSE reference number of the full application or the name of the preparation will be sufficient. With agreement from the original applicant, we can then refer back to the original full application.
A24 Yes. Free samples constitute a transfer of ownership and this is considered as supply. Therefore a request for confidentiality needs to be made in the same way as for other preparations, and this needs to be before the preparation is given away. An update application could be used in this situation if a previous full application has been made.
A25 Yes, providing the substance meets the other criteria for confidentiality.
A26 Yes, as long as you use the correct chemical name on the label and safety data sheet etc. You cannot refer to the chemical by the proposed alternative name until HSE has approved your application.
A27 For such substances, any Member State’s competent authority in which the substance is supplied can be approached for applications.
A28 Although there is no formal communication or co-ordination organised between the European Member States implementing the confidentiality provision, the DPD assumes that confidentiality applications accepted in one country will be automatically accepted in another. In the UK, confidentiality would be automatically accepted on presentation of an acceptance letter from another Member State.
A29 It is your responsibility to keep up with any changes in the classification and labelling of a substance subject to a confidentiality application. HSE should be informed if the change affects the acceptability of the application (eg the substance has become classified as a sensitiser or the classification and labelling of the preparation group is affected). In such a case we would reconsider the application.
A30 Yes, when CHIP3 became law on 31 July 2002, the arrangements under CHIP2 ceased to apply and suppliers wanting generic names for the constituents of their preparations have to gain approval under the new system.