Statutory Instrument 1994 No. 2844

The Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994, ISBN 011043093X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 2844

CONSUMER PROTECTION

The Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994

Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987^[1], consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations and such other persons as he considers appropriate and with the Health and Safety Commission:

Now, therefore, the Secretary of State in exercise of powers conferred upon him by section 11 of the said Act of 1987 hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 and shall come into force on 1st January 1995.

    (2)  In these Regulations, "supply" includes offering to supply, agreeing to supply, exposing for supply and possessing for supply.

Application
    2.    Regulations 3 and 4 shall not apply in any case where the goods in question are supplied for research and development or analysis.

Ornamental objects, tricks, jokes and games
    3.—(1)  In this regulation, "ornamental object" includes any ornamental lamp or ashtray and any other article designed both to be ornamental and to perform some other function.

    (2)  No person shall supply—
 (a) any ornamental object intended to produce light or colour effects by means of different phases; or
 (b) any trick or joke; or
 (c) any game for one or more participants or any object intended to be used as such, even with ornamental aspects,
which contains any liquid substance or preparation

"dangerous for supply"—
 (i) in Great Britain within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993^[2]; and
 (ii) in Northern Ireland within the meaning of the Chemicals (Hazard Information and Packaging) Regulations (Northern Ireland) 1993^[3]

Children's dressing-gowns
    4.—(1)  In this regulation—
 (a) "child's dressing-gown" means a dressing-gown which has a finished garment chest measurement not exceeding 97 cm and an underarm sleeve measurement not exceeding 68 cm;
 (b) "finished garment chest measurement" means twice the measurement of the garment across the chest when the garment is laid out as flat as possible without distorting its natural two-dimensional shape and, where appropriate, buttoned or otherwise fastened as it is designed to be in normal wear; and
 (c) "textile article" includes any garment or linen.

    (2)  No person shall supply any textile article intended to come into contact with the skin, or any child's dressing-gown whether or not it is intended to come into contact with the skin, which (in either case) has been—
 (a) treated with tris (2,3-dibromopropyl) phosphate; or
 (b) made from fabric treated with the said substance; or
 (c) made from fabric containing the said substance; or
 (d) treated with tri (aziridin-1-yl) phosphine oxide or polybrominated biphenyls; or
 (e) made from fabric treated with any substance mentioned in subparagraph (d); or
 (f) made from fabric containing fibre containing any substance mentioned in subparagraph (d).

Novelties
    5.    No person shall supply—
 (a) any injurious tear-gas capsule, that is to say, any article designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the lachrymatory properties of any substance contained in the article, being a substance which is capable of causing personal injury in the course of, or as a result of, the use of the article; or
 (b) any article which contains more than 1.5 ml of liquid consisting of sulphides of ammonia or a mixture or solution of such sulphides with or in any other substance, being an article which is designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the obnoxious properties of such sulphides; or
 (c) anything which is designed or intended to afford amusement to any person by causing discomfort to any other person by means of the use or exploitation of the ability or tendency of soap bark powder (Quillaja saponaria) or its derivatives containing saponins, powder of the roots of Helleborus viridis or of Helleborus niger, powder of the roots of Veratrum album or of Veratrum nigrum, benzidine or its derivatives, 2-nitrobenzaldehyde or wood powder to induce sneezing.

Benzene
    6.—(1)  No person shall supply any substance or preparation containing benzene in concentrations equal to or greater than 0.1% by mass.

    (2)  paragraph (1) shall not apply to:—
 (a) motor fuels covered by Council Directive 85/210/EEC^[4] as amended by Council Directive 87/416/EEC^[5], and
 (b) substances and preparations for use in industrial processes, and
 (c) waste covered by Council Directive 91/156/EEC^[6] or Council Directive 91/689/EEC^[7].

    (3)  No person shall supply any toy (including any kit for making balloons) or part of a toy which contains benzene, or any substance which is intended for making balloons and contains benzene, where the concentration of benzene in the free state is in excess of 5 mg/kg of the mass of the toy or part of the toy or substance as the case may be.

Revocation
    7.    The Regulations specified in the Schedule to these Regulations are hereby revoked.

Ferrers

Minister of State, Department of Trade and Industry

4th November 1994

[1] 1987 c. 43. back

[2] S.I. 1993/1746. back

[3] S.R. 1993 No. 412. back

[4] O.J. No. L96 3.4.85, p. 25. back

[5] O.J. No. L225 13.8.87, p. 33. back

[6] O.J. No. L78 26.3.91, p. 32. back

[7] O.J. No. L377 31.12.91, p. 20. back

Explanatory Note