Brief description of the regulations
The regulations relating to classification and labelling of
dangerous chemicals of 16 July 2002
as well as the regulations relating to the compilation and
distribution of safety data sheets for dangerous chemicals of 16
July 2002 are intended to protect people and the environment from
the harmful effects of dangerous chemicals by providing users with
information about the dangers of the chemicals and how they should
be handled. The regulations are almost fully harmonised with the
corresponding EU legislation
Chemicals covered by the regulations
The vast majority of chemicals are covered by the regulations.
By chemicals we mean single substances such as toluene, formaldehyde
etc. or mixtures (preparations) such as paints and household
cleaning products. Some chemicals such as cosmetics, medicinal
products for human and veterinary use, foodstuffs etc. are not
covered by the regulations because other more specific regulations
apply.
Responsibility
The duty to comply with the requirements of the regulations on
classification and labelling of chemicals applies at the latest from
the time when the chemical is placed on the market in Norway and is
primarily the responsibility of the person or company that first
places the chemical on the Norwegian market. However, any company or
person that places chemicals on the market in Norway is responsible
for ensuring compliance with the regulations.
The expression “placing
on the market” means making available to third parties. Sales for
both occupational and non-occupational purposes, as well as direct
purchases for occupational purposes are included.
Insufficient toxicological expertise does not release the person or
company from fulfilling the obligations.
Any person that repackages a chemical and gives it a new trade name
is responsible under these regulations. If the trade name is not
changed the person is considered to be the next link in the supply
chain with an independent responsibility to ensure that the chemical
is equipped with the correct label.
Classification, labelling, packaging and providing a safety data
sheets
Manufacturers, importers and distributors of chemicals should decide
if their chemicals are dangerous according to specific criteria set
out in the regulations. Dangerous chemicals as defined in the
regulations are those chemicals that may be hazardous to health or
the environment or represent a fire or explosion hazard.
Approximately 3000 substances and groups of substances have already
been evaluated by the authorities at Community level. The
classification and labelling given for these substances should be
used (i.e. they are mandatory). Substances which are not on the list
must be classified by the manufacturer, importer (or distributor)
according to the criteria for classification of chemicals
Dangerous chemicals must be suitably packaged, provided with labels
and accompanied by additional information for safe use, such as
safety data sheets. A number of special labelling requirements apply
to certain products (e.g. adhesives based on cyanoacrylates)
irrespective of their classification.
Safety data sheets are needed not only for dangerous chemicals, but
also for chemicals containing dangerous substances above a certain
limit. The safety data sheet information is principally intended for
professional users.
The warning labels as well as the safety data sheets must be in
Norwegian.
The packaging of certain chemicals that are sold to the general
public have to be fitted with a child-resistant fastening to prevent
young children from swallowing the contents. A tactile warning of
danger (normally a small, raised triangle) is mandatory for certain
chemicals to alert the blind and visually impaired that they are
handling a dangerous chemical.
More information on warning labels, the Norwegian wording of risk
and safety phrases etc. can be found below:
• Warning label
• Symbols/Indications of danger
• Risk phrases
• Safety phrases
• Special provisions for certain preparations
EU regulations on which the Norwegian legislation is based
Classification and labelling:
The regulations relating to classification and labelling of
dangerous chemicals of 16 July 2002 implement the corresponding EU
Directives on classification, labelling and packaging of dangerous
substances and preparations including amendments and adaptations to
technical progress:
• Dangerous Substance Directive (DSD, 67/548/EEC)
including 7th amendment (Directive
92/32/EEC) and
28th adaptation to technical progress (Directive
2001/59/EC)
• Dangerous Preparations Directive (DPD,
Directive
1999/45/EC) including 1st adaptation to technical
progress (Directive
2001/60/EC)
As in the EU directives the technical provisions of the regulations
are given in the annexes of the Norwegian regulations. Annex VI of
the Norwegian regulations, list of Dangerous Substances, corresponds
to Annex I of the Dangerous Substance Directive with only a few
exemptions (for Norwegian derogations, see below). The list contains
harmonised classification and labelling for approximately 3000
substances and groups of substances agreed at Community level.
The
on-line version of the Norwegian list is searchable and can be
downloaded
Safety data sheets:
The regulations relating to the compilation and distribution of
safety data sheets for dangerous chemicals of 16 July 2002 implement
the corresponding EU directives
• Dangerous Preparations Directive (Directive
1999/45/EC)
• Safety Data Sheet Directive; SDS (Directive
91/155/EEC) including 2nd ATP to SDS (Directive
2001/58/EC)
The Directorate of Labour Inspection has the main responsibility for
the regulations relating to the compilations and distribution of
safety data sheets for dangerous chemicals
Derogations from EU rules on classification and labelling
Until further notice Norwegian rules will continue to apply to:
• Different classification and labelling than the EU of
10 substances with respect to health hazards
More information about Regulations in the EU and Norway.
Declaration of chemical products to the Product Register
The Norwegian Product Register is responsible for obtaining and
storing information on chemical products that are placed on the
market in Norway.
Any person who in Norway places on the market for occupational or
private use 100 kg or more per year of a chemical which is
classified as dangerous according to the criteria given in the
Dangerous Substance Directive or Dangerous Preparations Directive,
or a chemical for which OAR labelling is mandatory, shall give
specific information on the product to the Product Register (declaration).
Declaration of other chemicals is voluntary.
A declaration for a dangerous chemical must be submitted at the
latest when the chemical is placed on the market in Norway. The
information given to the Product Register should be updated once a
year.
For more information:
•
Guidelines for declaration and the
Declaration form (Word-document)
Restrictions
The Norwegian regulation relating to restrictions on use etc. of
certain dangerous chemicals puts restrictions on chemicals that are
labelled with a danger symbol and the indication of danger “very
toxic” or “toxic”. As a general rule, these chemicals cannot be imported to Norway for
use by the general public. The chemicals can only be placed on the
market for non-professional users with special permission from the
Norwegian Pollution Control Authority. These chemicals can only be sold to persons over the age of 18 with
an official requisition.
A need for the chemical must be demonstrated. Less hazardous
alternatives should not be available.
Duty of care
According to section 3 of the
Product Control Act: •
Any person who produces, imports, markets,
processes, uses or in any
other way handles products
that may cause damage to health or
disturbances of
the environment, shall act with due care and
implement reasonable measures to prevent or limit
such effects.
•
Any person who produces or imports products has
the duty to obtain
such knowledge as is necessary
to evaluate whether they can cause
such effects.
Duty of replacing hazardous chemicals-The substitution principle
According to section 3a of the
Product Control Act:
Any enterprise which uses products containing chemical substances
that may cause damage to health or disturbances of the environment
shall evaluate whether there are alternatives that entail a lower
risk of such impacts. If such alternatives exist, the enterprise
shall use them provided that this does not cause unreasonable cost
or inconvenience.
This applies to all chemicals used in operations within the
enterprise, in production processes or during the provision of
services and as components in end products.
Regulatory authorities
Four authorities listed below have a joint responsibility for
administration and enforcement of the regulation on classification
and labelling of dangerous chemicals.
• The Directorate of Labour Inspection (chemicals
intended mainly
for occupational purposes, OAR
labelling)
• The Directorate for Civil Protection and Emergency
Planning (chemicals
that represent a fire or explosion
hazard)
• The Norwegian Petroleum Directorate (chemicals
used in the
offshore petroleum industry)
• The Norwegian Pollution Control Authority (other
chemicals)
The authorities may impose coercive fines, writs or penal measures
in case of non-compliance with the regulation.
Future revisions
The regulations on classification and labelling of dangerous
chemicals are regularly updated to take account of amendments of the
respective EU directives.
You can keep track of the EU discussions by monitoring the ECB web
pages.
Other topics that will affect the regulations in the future include:
• The New European Chemicals Legislation, REACH
• The Globally Harmonised System of Classification and Labelling (GHS)
Contact us:
• Questions about the regulations:
postmottak@sft.no
• Questions about this web-site:
nettredaktor@sft.no |
