Chip 3
Chip 3
Executive
You can buy the book at www.hsebooks.co.uk and most good bookshops.
This guide has been designed to help business understand the basic
requirements of the Chemical (Hazard Information and Packaging for Supply)
Regulations 2002 (CHIP 3).
It takes the reader step by step through the CHIP 3 package, explaining what
guidance is available and when it is likely to be needed. It is aimed at those
who supply, manufacture or import dangerous substances and preparations and
highlights the most important new features of CHIP 3.
This guidance is issued by the Health and Safety Executive. Following the guidance
is not compulsory and you are free to take other action. But if you do follow the
guidance you will normally be doing enough to comply with the law. Health and
safety inspectors seek to secure compliance with the law and may refer to this
guidance as illustrating good practice.
Page 2 of 46
Health and Safety
Executive
Contents
Part one Understanding CHIP 5
What have you heard? 5
What is CHIP? 5
What does CHIP do? 5
An overview of CHIP 6
The CHIP package 6
The simplest case of supply 8
Where CHIP comes from and why it keeps changing 13
Related areas of chemical law 13
Summary of key points 14
References 43
Understanding CHIP
1 This guide is intended to help business understand the basic requirements of
the Chemicals (Hazard Information and Packaging for Supply) Regulations 20021
(known as CHIP 3 or, more simply, as CHIP). It tells you what you have to do and
what you do not have to do. It replaces the earlier CHIP 2 for everyone.2
3 If you are reading this you probably supply chemicals. The type may vary from
commodity chemicals in bulk to household cleaning products in small packages.
You may be a major manufacturer or a retailer selling products. If you are a small
employer, your company may not have laboratories or chemical testing facilities. It
may have some technical expertise, but not much. You may have heard of CHIP.
You may also have heard that it is long, complicated and technical. You are feeling
rather confused, if not anxious.
4 If this sounds familiar, then this guide is for you. It aims to give you a basic
introduction to CHIP. It will explain how the Regulations work and how they will be
updated. It will help you decide what you should do about CHIP and whether you
should get help. You may decide that CHIP for everyone is all you need.
What is CHIP?
An overview of CHIP
7 We’ll begin by making a general survey of CHIP and then look at particular
aspects in greater detail in other parts of this guide. For now we shall:
Along the way, we’ll give definitions of commonly-used terms and list CHIP’s
categories of danger. Finally, we’ll mention some other areas of chemical legislation
which are related to CHIP.
Regulations
9 The Regulations are the Chemicals (Hazard Information and Packaging for
Supply) Regulations 2002 and any later amending Regulations.* The Regulations
set out the framework of the CHIP scheme and can be bought from the Stationery
Office or viewed on its website (www.legislation.hmso.gov.uk/stat.htm).
Approved documents
10 Much of CHIP’s technical detail is in two documents defined in the Regulations:
The ASL gives obligatory classifications and labels for several thousand commonly-
supplied substances. The ACLG gives rules for classifying and labelling chemicals
not listed in the ASL. Anyone creating or checking classifications and labels should
have access to these documents. They are published by HSE Books and revised
from time to time. (See the List of Commonly Used Terms on page 9 for the
meaning of ‘substance’ and ‘chemical’.)
The first is published by HSE Books and gives guidance on CHIP’s safety data
sheet (SDS) requirements. It should be referred to by anyone drawing up or
checking SDS. The second describes laboratory test methods for determining
the properties of dangerous chemicals.
*
Details of the most up-to-date documents are on the CHIP website at www.hse.gov.uk/hthdir/
noframes/chip/chip2.htm (see also paragraph 2 above)
Explanatory documents
12 In addition to this guide there are three other advisory publications on CHIP
which can be obtained from HSE Books or viewed on HSE’s website. They are
the booklet: Idiot’s guide to CHIP,7 and two leaflets: Read the label,8 and Why
do I need a safety data sheet? 9
15 While reading what follows it may be helpful to refer to the table of commonly
used terms on page 9, the table of categories of danger on page 10 and the flow
chart on page 11.
Classification
16 If you have decided that a chemical is dangerous then you will need to:
n place the chemical into a category of danger (possibly more than one); and
n qualify the category of danger by assigning a risk phrase (R-phrase).
Classification is:
Classification is:
(abbreviated as 0: R8 C: R35 )
The classification is the basis for the chemical’s label, safety data sheet and
packaging. If it is wrong then all of these will probably be wrong as well. CHIP
makes it an offence to supply a dangerous chemical before it has been properly
classified.
19 Say you buy a chemical and supply it to others but you do not do anything with the
chemical - you do not mix, react, process or reformulate it. The chemical should have
been properly classified before it reached you and if this is the case you can use that
classification when you come to supply it on. This is an easy and usually reliable way
of classifying a chemical, particularly if the chemical is a common one and you know
the supplier is competent. However, you should be aware that CHIP makes you, the
supplier, responsible for the classification you use even if it is the work of someone else.
In such cases you need to carry out some checks to confirm the classification.
20 If you want to use a classification given by your supplier, you should make
appropriate enquiries about the classification. If you know your suppliers and have
confidence in their ability, only simple checks may be needed. Some of the checks
you could carry out are:
You should make similar checks if you use another supplier’s safety data sheet or
label information.
Categories of danger
Category Symbol Indication Symbol
of danger letter of danger (orange
background)
Extremely Extremely
F+
flammable flammable
Toxic T Toxic
Harmful Xn Harmful
Corrosive C Corrosive
Irritant Xi Irritant
Sensitising Xn Harmful
(by inhalation)
Sensitising
Xi Irritant
(by skin contact)
Carcinogenic
Categories 1 and 2 T Toxic
Carcinogenic
Category 3 Xn Harmful
Mutagenic
Categories 1 and 2 T Toxic
Mutagenic
Category 3 Xn Harmful
Toxic to reproduction
Categories 1 and 2 T Toxic
Toxic to reproduction
Category 3 Xn Harmful
Dangerous for
none none none
the environment*
Is it dangerous?
NO YES
CHIP requires it to be
CHIP does not apply*
classified
How
Assign categories of
danger and a risk phrase
CHIP Provide:
works n
n
safety data sheet
label
n safe packaging
n child-resistant closures
*
But see regulations 9 and 11 of CHIP for and tactile danger
preparations which are special cases.
warnings if needed
YES NO
Preparation Substance
Updating CHIP
22 Usually we update CHIP by issuing a short set of amending Regulations which
modify but do not replace the main set (known as the principal Regulations). When major
changes occur, however, the principal Regulations are revised. At the time this guide was
written, the story was as follows.
In this guide we use the word ‘CHIP’ to mean whatever set of CHIP Regulations is
currently in force.
23 Changes to CHIP are often limited to the technical information in the ASL and
the ACLG. As a result, amending Regulations usually do little more than formally
introduce and give legal effect to new editions of these publications.
24 We now finish this part of the guide by looking briefly at some other areas of
chemical legislation to which CHIP is related.
*HSE has published guidance to help firms using chemicals to control the health risks to their employees
better and comply with the law. COSHH essentials: easy steps to control chemicals takes employers
through a risk assessment to find the control measures they need and gives practical examples in a
series of control guidance sheets (see details at end of this guide). The starting point for the assessment
is your safety data sheet. You can use this guidance to help the firms you supply to find the control
measures they need to protect health. You may also find it helpful yourself.
n packaged and labelled in the same way as if they were being marketed within the
EU; and
n labelled in the language of the country of destination if practicable. (There is no
requirement for a safety data sheet although it is good practice to include one.)
*Northern Ireland has its own CHIP Regulations. These mirror the British Regulations and refer to the
same approved documents. For more information contact the Health and Safety Executive for Northern
Ireland.
30 First, make sure that you have the current version - check the CHIP pages of
HSE’s website or contact the HSE InfoLine. If you don’t have it already, you can get
a copy of the ASL from HSE Books.
31 Part I of the ASL lists substances in alphabetical order by name (where the ASL
recognises more than one name for a substance it will be listed under each name).
Note, however, that complex coal and oil-derived substances are collected together
in groups under ‘c’ (for coal tar products) or ‘p’ (for petroleum substances). Having
found the substance, read off the classification and labelling information, referring to
Part V of the ASL for full texts of the R- and S-phrases. For example:
Xi: R36
Here ‘Xi’ stands for ‘Irritant’ (the category of danger) and ‘R36’ for ‘Irritating to
eyes’ (the R-phrase). Together these define the hazardous nature of the substance.
Glutaraldehyde has many more dangerous properties than sodium carbonate and
so its classification is more complex. It has been placed into four categories of
danger. These (with their abbreviations) are:
n Toxic (T);
n Corrosive (C);
n Sensitising (R42/43); and
n Dangerous for the environment (N).
T, N
R23/25, 34, 42/43, 50
S(1/2), 26, 36/37/39, 45, 61
203-856-5
T and N are ‘symbol letters’. They do not go on the label but specify the hazard
warning symbols and associated indications of danger that do. The full set of
symbol letters and corresponding symbols and indications of danger is set out
in the table of categories of danger on page 10. (Note that only the symbol-letter
corresponding to the most severe health effect (in this case, T) appears in the
labelling information.)
R23/25, 34, etc specify the R-phrases. These are the same phrases that appear
in the classification. The role of an R-phrase in the classification is to define a
hazard, but on the label its purpose is to warn people of it.
S(1/2), 26, etc specify the S-phrases. These give advice on how to avoid or deal
with dangers. For example, S61 is ‘Avoid release to the environment. Refer to
special instructions/safety data sheet’.
The full text of each R- and S-phrase (which can be found in Part V of the ASL) is
required on the label, the abbreviations should not be used.
Glutaraldehyde
Toxic by inhalation and if swallowed
Causes burns
May cause sensitisation by inhalation and by skin
contact
Very toxic to aquatic organisms
Keep locked up and out of the reach of children
Toxic Dangerous In case of contact with eyes, rinse immediately with
plenty of water and seek medical advice
for the
Wear suitable protective clothing, gloves and eye/face
environment protection
In case of accident or if you feel unwell seek medical
advice immediately (show the label where possible)
EC label 203-856-5 Avoid release to the environment. Refer to special
instructions/safety data sheet
Supplied by:
Dyson-Warner Chemicals Ltd, Dyne Close, Blainey, Ryanshire CH1P 3EX
0207 7170000
Additional information
36 The ASL entry for glutaraldehyde, under the heading ‘Conc’, gives specific
concentration limits for that substance. This information is relevant to the
classification of preparations containing glutaraldehyde as a constituent. Its use is
explained in Part four of this guide.
Many substance entries have annotations such as ‘Note E’ or ‘Note 4’. These
notes are very important and should always be considered. Their individual
meanings are explained in the introduction and Part V of the ASL.
n The ASL gives obligatory classification, labelling and other information for a few
thousand commonly-supplied chemical substances.
n The substances are listed in alphabetical order by name in Part I of the ASL
(only these names may be used on the label, etc).
n The information given includes the classification, the label and, in some cases,
specific concentration limit information.
n Full texts of the R- and S-phrases are given in Part V of the ASL together with
other important information.
38 If you have been reading this guide from the beginning you will know that CHIP
obliges suppliers to classify dangerous chemicals before they supply them. You will also
know that the ASL contains EC-agreed classifications for a large number of commonly-
supplied substances. But what do you do if the chemical you wish to supply is not in
the ASL? The answer is that you must come up with a classification for it yourself. This
is known as self-classification.
40 CHIP divides chemicals into two types: substances and preparations. These
are mutually exclusive, so every chemical will be one or the other.
What is a substance?
41 Put simply a substance is a single chemical (for example, an element such as
chlorine or a compound such as sodium hypochlorite). For exceptions to this definition
see paragraph 43 below.
What is a preparation?
42 A preparation is a mixture of substances (for example, a paint). By a ‘mixture’
we mean the result of intentionally combining two or more substances, which do
not react with each other to any appreciable extent, but simply co-exist. Usually
such a mixture will combine the properties (both desirable and undesirable) of the
constituents, although each is diluted by virtue of the others.
EINECS is a list of about 100 000 substances which were on the European
market in the 1980s. Because EINECS is a closed list, the status (existing or new)
of a substance can never change. The European Chemicals Bureau maintains
a searchable online version of EINECS. 16 Alternatively, you can contact HSE’s
Industrial Chemicals Unit (Tel: 0151 951 4000) for information on the status of
particular substances.
46 Our experience is that if you are in the business of supplying new substances
you use specialist expertise. If you have any problems, refer to the HSE publication
Making sense of NONS.18
47 Before you may supply an existing substance which is not listed in the ASL
you must, in accordance with regulation 4(4) and 4(5) of CHIP, search for relevant
and accessible data on the substance and then classify it on the basis of that data
using the criteria set out in the Approved Classification and Labelling Guide (ACLG).
Other sources which may be useful include HSE guidance such as Guidance Note
EH40 - Occupational exposure limits,21 the Risk Assessment document series EH72.22
Professional institutions, trade associations, trades unions and specialist consultancies
may all be sources of data.
n physicochemical properties;
n health effects; and
n environmental effects.
Because a substance can meet more than one of the criteria it is important to
consider all of them. If the data on the substance satisfy any of the criteria the
substance is placed into the corresponding category of danger and the appropriate
R-phrase is assigned. The criteria in the ACLG apply directly to data obtained by
means of the test methods described in Annex V to the Dangerous Substances
Directive6 or by equivalent methods. In other cases, expert judgement should be
used to evaluate data.
The paragraph headed ‘Toxic’ in the ACLG’s section on health effects indicates
that a substance with a rat oral LD50 value between 25 and 200 mg/kg should be
placed into the category of danger ‘Toxic’ and assigned the risk phrase ‘Toxic if
swallowed’. Expressed in words, the classification is:
in short it is:
T: R25
53 See the flow chart below for a summary of the information in the previous
paragraphs.
Is the substance
‘new’ or ‘existing’?
EXISTING NEW
n
danger
Assign the
What you
appropriate risk
phrase have to do
Retention of data
54 CHIP no longer requires that a record of the information used for self-
classification of a substance be kept for at least three years after it was last
supplied. However, an HSE inspector (or a Trading Standards Officer if you sell
direct to the public) may want to know how you have classified your substance and
it would be useful to have this information to hand.
Classifying preparations
55 This part of the guide explains how to classify preparations. For the meaning
of ‘preparation’ see paragraphs 40 to 43 in Part three. In what follows we shall use
the terms ‘constituent’ and ‘ingredient’ interchangeably to mean any component of
a preparation. Such components may be substances or preparations.
56 Preparations are the most common kind of chemical product. There is no limit
to their number as, quite apart from the formulation of entirely new products, it is
always possible to add another constituent to an existing product or to vary the
proportions of the constituents. CHIP obliges anyone who supplies a dangerous
preparation to classify it before it is supplied.
Overview
57 There are no preparations in the ASL so you must classify them yourself unless
someone higher up the supply chain has done it for you. Remember, however, that
you need to do quality checks before relying on another’s classifications.
Methods of classification
58 You must classify a preparation for its dangerous physicochemical properties
and its health and environmental effects. In general, there are two ways of doing
this:
60 The second method is based on the idea that a preparation can be expected
to have the same dangerous effect as a constituent if it contains enough of the
constituent. To use this method you will need to know the classification of each
constituent and use other information described later.
61 If you use both methods and the results differ you should use the result based
on test data except for carcinogenic, mutagenic and toxic to reproduction effects
where classification must always be by the conventional method.
63 The aim is to decide whether the preparation should be placed into any of the
categories of danger: explosive, oxidising, extremely flammable, highly flammable
or flammable, and assigned the relevant symbol and R-phrases. The conventional
method does not apply so, unless you assign the classification on the basis of
adequate available data, you must get tests done (see paragraphs 67 and 68 for
exceptions to testing).
Basic procedure
64 The preparation should be:
65 If you are unable to perform the tests yourself you should employ someone
with the necessary facilities and expertise, eg a contract testing house. There are a
number of methods for determining flash point and these can give widely differing
results. Advice on the appropriate method to use can be sought on a case-by-case
basis from HSE’s Industrial Chemicals Unit (Tel: 0151 951 4000).
66 Once you have the test results you should compare them with the criteria in
the ACLG to determine the classification. The ACLG contains all of the information
needed to do this.
In such cases the preparation is not placed into the relevant category of danger
or assigned the corresponding R-phrase. However, keep in mind that some
preparations have dangerous physicochemical properties not possessed by any
of their constituents. For example, gunpowder (a mixture of carbon, sulphur and
potassium nitrate) is explosive even though none of its ingredients are.
EXAMPLE 1
Calculation-based approaches
68 The conventional method is not applicable to physicochemical properties but
some calculational approaches are available and described in the ACLG under
‘Special cases’. They include an optional method for flammability of gases and two
obligatory methods for the oxidising potential of gases and of organic peroxides.
69 The aim is to decide whether the preparation should be placed into any of
the categories of danger: very toxic, toxic, harmful, corrosive, irritant, sensitising,
carcinogenic, mutagenic, toxic for reproduction or dangerous for the environment and
assigned the relevant R-phrases.
71 There are two ways of obtaining the classification: (1) by the use of the
conventional method, or (2) by the use of test data and the criteria in the ACLG.
The following restrictions apply:
73 If you are unable to perform the tests yourself you should employ someone
with the necessary facilities and expertise, eg a contract testing house. Once you
have the test results you should compare them with the criteria in the ACLG to
determine the classification. The ACLG contains all of the information needed to do
this.
EXAMPLE 2
The general concentration limits are in Part II (health) and Part III (environmental) of
Schedule 3 to the Regulations.
EXAMPLE 3
The first type applies to every dangerous effect. The second type applies only to
some dangerous effects (known as additive effects).
Acute lethal effects are those with the R-phrases identified in Table I/IA in Part II (ie
R26, 27, 28 and their combinations). Non-lethal irreversible effects are those with
R-phrases in Table II/IIA (ie R39/route(s) of exposure, eg R39/26).
Additive effects
83 Notice that there is a formula (in sub-paragraph (1)(b)) for evaluating the combined
effect of a number of ingredients with acute lethal effects but none for non-lethal
irreversible effects. Effects like acute lethality which may be added up over all the
ingredients sharing them are additive. The table below identifies additive and non-
additive effects with their corresponding R-phrases.
corrosive and irritant effects R34, R35, R36, R37, R38, R41,
and combinations, eg R36/37
additive environmental effects
Preparation A
Name Conc Classification Conc limits
Ingredient J 15% Xn: R22 ≥25% then Xn: R22
Xi: R36 ≥20% then Xi: R36
Ingredient K 20% R42 ≥1% then R42
N: R50, 53 ≥25% then N: R50, 53
<25% and ≥ 2.5% then N: R51, 53
<2.5% and ≥ 0.2.5% then R52, 53
Non-classified 65% n/a n/a
ingredient(s)
(The symbols ‘≥’ and ‘<’ mean ‘greater than or equal to’ and ‘less than’
respectively.)
85 We’ll now illustrate the conventional method with some examples. We’ll deal
with both health and environmental effects as there is no essential difference
between these as far as the conventional method is concerned.
EXAMPLE 4
Preparation A
Name Conc Classification Conc limits
Substance X 50% Xn: R22 ≥25% then Xn: R22
Water 50% n/a n/a
Substance X is not in the ASL so we have used the general concentration limit for
R22 which is 25% (see Table I in Part II of Schedule 3).
Note that if the concentration of substance X was reduced to less than the
concentration limit the preparation would escape classification.
EXAMPLE 5
A liquid preparation with one dangerous ingredient and more than one
concentration limit
Preparation B
Name Conc Classification Conc limits
Substance Y 5% T+: R28 ≥7% then T+: R28
≤7% and ≥1% then T: R25
<1% and ≥0.1% then Xn: R22
Non-classified 95% n/a n/a
ingredient(s)
Substance Y is not in the ASL so we have used the general concentration limits for
R28 as given in Table I in Part II of Schedule 3.
Y is very toxic and may cause the preparation to be very toxic, toxic or harmful.
First we must check the possibility of very toxic so we look at paragraph 7. The
relevant sub-paragraphs are (1)(a) and (b), as R28 is an acute lethal effect. The
condition in (1)(a) is not met because the concentration of Y (=5%) is less than
its very toxic limit (=7%). (1)(b) only applies if there is more than one very toxic
ingredient which is not the case here. Therefore the preparation is not very toxic.
We move on to consider paragraph 8 (toxic). The condition in 8(1)(a) is met as Y’s
concentration (=5%) is greater than its toxic limit (=1%) so we classify preparation B
as toxic and assign R25 (ie T: R25).
Where an ingredient has multiple concentration limits it can be helpful to refer to these
limits by name. For substance Y, 7%, 1% and 0.1% are respectively its very toxic,
toxic and harmful limits.
EXAMPLE 6
Preparation C (description 1)
Name Conc Classification Conc limits
Preparation A 40% Xn: R22 ≥25% then Xn: R22
Water 60% n/a n/a
Preparation C (description 2)
Name Conc Classification Conc limits
Substance X 20% Xn: R22 ≥25% then X n: R22
Water 80% n/a n/a
Neither of these classifications is wrong and either can be used. The difference
between them is due to the fact that description 1 did not take account of the large
amount of water in preparation A. If you wish to avoid possible overclassification of
a preparation which contains other preparations you should use the most detailed
breakdown of it you can. This may involve working closely with your suppliers.
EXAMPLE 7
Preparation D
Name Conc Classification Conc limits
Substance P 0.75% R43 ≥1% then R43
Substance Q 0.75% R43 ≥1% then R43
Non-classified 98.5% n/a n/a
ingredient(s)
Notice that the preparation is not classified even though it contains 1.5% of skin
sensitisers. Skin sensitisation is not an additive effect so classification is always
considered one ingredient at a time.
EXAMPLE 8
Preparation E
Name Conc Classification Conc limits
Substance R 15% Xi: R38 ≥20% then Xi: R38
Substance S 15% Xi: R38 ≥25% then Xi: R38
Water 70% n/a n/a
R38 (‘Irritating to the skin’) is covered by paragraph 11 in Part I. The relevant sub-
paragraphs are (3)(a) and (b). Paragraph 11(3)(a) indicates that a preparation is
classified as Xi: R38 if it contains corrosive (R34 or R35) ingredients or skin-irritating
ingredients (R38) which are present at or above their irritant limit. It is clear that E has
no corrosive ingredients and although R and S are skin irritants their concentrations
(=15%) are less than their irritant limits (=20% and 25% respectively). Thus neither
R nor S on its own classifies the preparation, but irritancy is an additive effect so we
can and should consider their combined effect.
where:
PC:R35 is the concentration of each corrosive ingredient with R35 (‘Causes severe
burns’)
PC:R34 is the concentration of each corrosive ingredient with R34 (‘Causes burns’)
PXi:R38 is the concentration of each irritant ingredient with R38
LXi:R38 is the irritant (R38) concentration limit for each ingredient
The formula appears complex but in fact it contains only some divisions, additions
and a simple comparison. To apply it we must:
(1a) work out the fraction PC:R35/LXi:R38 for each corrosive ingredient with R35
(1b) work out the fraction PC:R34/LXi:R38 for each corrosive ingredient with R34
(1c) work out the fraction PXi:R38/LXi:R38 for each irritant ingredient with R38
(2) add up all of these fractions
(3) if the total is greater than or equal to 1 classify the preparation as Xi: R38
(1a) there are no corrosive ingredients with R35 so we ignore the first term in the
formula
(1b) there are no corrosive ingredients with R34 so we ignore the second term in
the formula
(1c) for substance R: PXi:R38 = 15% and LXi:R38 = 20% so PXi:R38/LXi:R38 = 15%/20% = 0.75
for substance S: PXi:R38 = 15% and LXi:R38 = 25% so PXi:R38/LXi:R38 = 15%/25% = 0.6
(2) 0.75 + 0.6 = 1.35
(3) because 1.35 is greater than 1 preparation E is classified as Xi: R38
EXAMPLE 9
Preparation F
Name Conc Classification Conc limits
Substance U 4.5% C: R35 ≥10% then C: R35
<10% and ≥ 5% then C: R34
<5% and ≥ 1% then Xi: R36/38
Substance V 0.5% C: R35 ≥10% then C: R35
<10% and ≥ 5% then C: R34
<5% and ≥ 1% then Xi: R36/38
Water 95% n/a n/a
U and V are in the ASL without specific concentration limits so we use the general
concentration limits given in Table IV and VI in Part II of Schedule 3.
The lower limit of concentration for substances classified as corrosive (R34 or R35)
is 1%. Therefore we do not take any account of substance V when classifying F for
corrosive or irritant effects. Consequently, F is classified as Xi: R36/38 by virtue of the
presence of U.
EXAMPLE 10
Preparation G
Name Conc Classification Conc limits
Substance G1 0.5% T+: R28 ≥7% then T+: R28
<7% and ≥ 1% then T: R25
<1% and ≥ 0.1% then Xn: R22
Substance G2 15% T: R24 ≥25% then T: R24
<25% and ≥ 3% then Xn: R21
Water 84.5% n/a n/a
It is clear that G1 on its own does not classify the preparation as very toxic or
toxic because in both cases its concentration is less than its concentration limits.
G2 also does not classify the preparation as toxic for the same reason. However,
before we can leave toxic and consider harmful we must consider the combined
effect of G1 and G2 (R28 and R24 are acute lethal effects and therefore additive).
Paragraph 8(1)(b) in Part II of Schedule 3, indicates that a preparation should be
classified as toxic if:
Where:
PT+ is the concentration of each very toxic ingredient with acute lethal effects
PT is the concentration of each toxic ingredient with acute lethal effects
LT is the toxic limit for each ingredient with acute lethal effects
(1) for substance G1: PT+ = 0.5% and LT = 1% so PT+/LT = 0.5%/1% = 0.5
for substance G2: PT = 15% and LT = 25% so PT/LT = 15%/25% = 0.6
(2) 0.5 + 0.6 = 1.1
(3) because 1.1 is greater than 1 preparation G is classified as toxic (ie T)
Note that T: R24/28 would be incorrect as R28 means very toxic by swallowing
which cannot legitimately be combined with T.
n the preparation must be tested on all three test species (algae, daphnia and fish)
unless testing on one species determines classification at the highest hazard
classification.
Retention of data
Supply labelling
Legal requirements
90 We hope that most people will be able to draw up labels using just the advice
in this guide. If you need to refer to the relevant section of CHIP then regulations
9 and 10 and Schedule 5 are the main parts on labelling. The ACLG also contains
information on labelling.
91 Only packages (and any outer layer of packaging, other than that used solely for
transport purposes) have to be labelled with CHIP labels. If you supply a chemical in
bulk or down a pipeline then it does not need to be labelled (although you will still have
to provide a safety data sheet).
92 This guide does not cover carriage labelling. This is now dealt with by the
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of
Transportable Pressure Receptacles Regulations 1996.20 Rules for combined supply
and carriage labels are in regulations 9 and 10 of those Regulations.
93 It is important that the label is clear and has impact. The label should be:
n securely fixed to the package with its entire surface in contact with the
package, or directly printed onto the package;
n clearly and indelibly printed;
n designed so that the information on it can be easily read; and
n designed so that the symbol or symbols stand out and are easily noticed.
94 The size of the label depends on the size of the package. The requirements
are:
You are not obliged to set this information out on a separate label or in a separate
part of your product label, but the table shows the minimum area that you must
devote to this information.
95 On this matter the text of CHIP closely follows that of an EC Directive, which
unfortunately is capable of being interpreted in more than one way. Some people
consider that each symbol should be at least 10% of the minimum size of the label
as specified above, the symbols could therefore be less than 10% of the actual size
of the label if the label was larger than the minimum. However, we think that each
symbol should be at least 10% of the actual size of the label. Some EC countries
have drafted their law to make this an explicit requirement. Because it is a grey area
in CHIP, suppliers may make their own choice.
96 The only part of the label which has a colour specification is the symbol. This
should be black on an orange/yellow background. The precise shade is left for you
to choose.
Substance
The following information should be included on a label for a substance (the layout
is not obligatory):
Glutaraldehyde
Glutaraldehyde
Toxic by inhalation and if swallowed
Causes burns
May cause sensitisation by inhalation and by skin
contact
Very toxic to aquatic organisms
Keep locked up and out of the reach of children
Toxic Dangerous In case of contact with eyes, rinse immediately with
plenty of water and seek medical advice
for the
Wear suitable protective clothing, gloves and eye/face
environment protection
In case of accident or if you feel unwell seek medical
advice immediately (show the label where possible)
EC label 203-856-5 Avoid release to the environment. Refer to special
instructions/safety data sheet
Supplied by:
Dyson-Warner Chemicals Ltd, Dyne Close, Blainey, Ryanshire CH1P 3EX
0207 7170000
*The EEA consists of the European Union plus Norway, Iceland and Liechtenstein.
Preparation
The following information should be included on a label for a preparation (the layout is not
obligatory):
Cellulose Spraypaint
Full Gloss Golden Yellow
Contains, Toluene, C. I. Pigment Yellow 34
Contains lead. Should not be used on surfaces that are liable to be chewed or sucked by children.
100 There are some important exceptions to the requirement to label a dangerous
chemical. Full details of these can be found in regulations 8 and 10 of CHIP 3.
However, remember that these are exceptions to labelling only, the chemical will
still be classified and you may have to provide a safety data sheet to professional
users. Basically, the position is:
101 There are limited provisions for this in CHIP Schedule 5, Part 1, paragraph 3.
Where the person responsible for placing a preparation on the market wishes to take
advantage of this, that person has to make a formal request. In the case of the UK,
you must apply to HSE to take advantage of confidentiality provisions, enclosing the
information specified in Annex VI to Council Directive 1999/45/EC. Further information
can be obtained from HSE’s Industrial Chemicals Unit, Confidentiality Team, Room
211, Magdalen House, Stanley Precinct, Bootle, Merseyside L20 3QZ (Tel: 0151 951
3295; email [email protected]), quoting CHIP 3: confidential preparations).
103 The label should be in English. However, if you are supplying chemicals in
more than one Member State of the EEA, you might wish to provide the labelling
information in more than one language. If you do so, you need to pay attention
to the requirements for clarity and impact of the label in regulation 9 of CHIP. The
label should have corresponding blocks for each language. Make sure you meet
the minimum requirements for size and clarity. In addition, you must bear in mind
that all the EU Member States have their own legislation on this subject. It is all
based on the same European law as CHIP, but there may be minor differences
and you should ensure your label follows the rules of the Member State(s) where it
is marketed.
In addition, if the package has a replaceable closure this must continue to prevent
escape even after repeated use. The requirements of regulation 8 are considered
satisfied if the packaging meets the relevant standards required by legislation on
the carriage of dangerous goods.
You do not need a child-resistant fastening if you can show that a child cannot gain
access to the chemical without the help of a tool.
107 Additionally, the packaging for any chemical in any of the four classes identified
above must not have a shape or designation likely to attract the active curiosity of
children or mislead consumers. This applies regardless of whether the packaging is
recloseable or not.
Standards
110 Both child-resistant fastenings and tactile warning devices must meet certain
standards. This is BS EN ISO 1168324 for TWDs. You could be asked by a Trading
Standards Officer for proof that CRFs meet the standard. You can make sure that
they do by having them tested by an approved testing house (one that conforms to
BS EN ISO/IEC 17025:200025), which will give you a test certificate confirming that
the standard has been met.
111 If you are still unclear about what needs to be done, you should first contact
your local Trading Standards Office for advice. For further information, see the
leaflet Stop children swallowing household chemicals.26
Advertising
114 This varies between classified substances and preparations and non-classified
preparations, as described below.
116 It is not necessary to supply a SDS to a member of the general public who
buys a classified substance or preparation through a shop and does not intend to
use it in the course of work (eg for DIY). However, you must provide that person
with sufficient information about protection of health and safety (ie from the CHIP
label and any supplementary labelling and/or information sheet).
117 If you supply a preparation which, although not classified, contains not less
than 1% by weight (or 0.2% by volume for gaseous preparations) of any:
you must supply a professional user (ie someone who will use the preparation in
the course of work) with a copy of a safety data sheet containing proportionate
information on the preparation if they request it. Additionally, the package must
bear the labelling phrase ‘Safety data sheet available for professional user on
request’.
118 You do not have to supply the SDS to a member of the general public
who buys the preparation through a shop and does not intend to use it in the
course of work (eg for DIY), as long as you provide that person with sufficient
information about protection of health and safety (ie from the CHIP label and any
supplementary information sheet).
119 Apart from the date of first publication and the 16 obligatory headings
(which are listed in Schedule 4 to CHIP), CHIP does not specify what information
should go on the SDS. Instead, it requires that the information provided is
sufficient to enable the user of the chemical to protect health, safety and the
environment. It is for you (the supplier) to judge what amount and type of
information is sufficient and in doing so you should take into account whatever
you may know of the ways your customers use the product. To guide you
in complying with the law, the Health and Safety Commission has issued an
Approved Code of Practice,5 which sets out under each of the 16 headings the
type of information that might be expected. You do not have to follow this advice
and are free to give other information. However, if you are prosecuted for not
meeting the requirement to provide sufficient information and have not followed
the code then a court will find you at fault unless you can show that you have
complied with the requirement in some other way.
120 The use of the expression ‘proportionate information’ in connection with the
SDS for preparations which have not been classified, but which contain small
amounts of dangerous chemicals, allows for the possibility that the SDS may be
less detailed than for classified preparations. The level of detail should be judged
against what is needed to enable the user to protect health, safety and the
environment.
121 You must keep any SDS you produce up-to-date. This means that if you
become aware of significant new information relevant to health, safety or the
environment in relation to the chemical you must amend the SDS accordingly and
mark it with the word ‘Revision’ and the date of revision. Then you must provide a
free copy of the revised SDS to every person who received a copy of the previous
version within the last year and ensure that their attention is drawn to whatever is
different in the revised version. This applies equally to SDS for classified substances
and preparations and preparations which are not classified.
122 You may be able to use the SDSs your suppliers give you to produce your
own SDSs. You may be able simply to photocopy them and pass them on when
you supply the chemicals. However, as a supplier you are responsible for the
accuracy of the SDS and there are some checks you should make:
n check that all the necessary headings in Schedule 4 to CHIP are in the SDS
(these are also listed in the ACOP);
n check that the SDS is comparable to those for similar products;
n check that the sections dealing with safe use/storage etc are adequate for the
intended applications of your customers; and
n check that the SDS covers all foreseeable eventualities.
If you have any doubts, talk to your supplier and think about what information your
customers will need. You may wish to talk to your customers as well.
References
1 Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
SI 2002/1689 The Stationery Office 2002 ISBN 0 11 042419 0
2 CHIP 2 for everyone HSG126 HSE Books 1995 ISBN 0 7176 0857 3
3 Approved supply list. Information approved for the classification and labelling of
substances and preparations dangerous for supply. Chemicals (Hazard Information
and Packaging for Supply) Regulations 2002 Approved list L129 (Seventh edition)
HSE Books 2002 ISBN 0 7176 2368 8
7 Idiot’s guide to CHIP Leaflet INDG350 HSE Books 2002 (single copy free or
priced packs of 10 ISBN 0 7176 2333 5)
8 Read the label Leaflet INDG352 HSE Books 2002 (single copy free or priced
packs of 10 ISBN 0 7176 2366 1)
9 Why do I need a safety data sheet? Leaflet INDG353 HSE Books 2002 (single
copy free or priced packs of 10 ISBN 0 7176 2367 X)
13 Are you involved in the carriage of dangerous goods by road or rail? Leaflet
INDG234(rev) HSE Books 1999 (single copy free or priced packs of 10
ISBN 0 7176 1676 2)
Scratch and sniff .... chemical risks at work Video HSE Books 2002
ISBN 0 7176 22525
Further information
HSE priced and free publications can be viewed online or ordered from
www.hse.gov.uk or contact HSE Books, PO Box 1999, Sudbury, Suffolk
CO10 2WA Tel: 01787 881165 Fax: 01787 313995. HSE priced publications
are also available from bookshops.
For information about health and safety ring HSE’s Infoline Tel: 0845 345 0055
Fax: 0845 408 9566 Textphone: 0845 408 9577 e-mail: [email protected] or
write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.
British Standards can be obtained in PDF or hard copy formats from BSI:
http://shop.bsigroup.com or by contacting BSI Customer Services for hard
copies only Tel: 020 8996 9001 e-mail: [email protected].
The Stationery Office publications are available from The Stationery Office, PO
Box 29, Norwich NR3 1GN Tel: 0870 600 5522 Fax: 0870 600 5533 e-mail:
[email protected] Website: www.tso.co.uk (They are also available from
bookshops.) Statutory Instruments can be viewed free of charge at
www.opsi.gov.uk.