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Section 1: LABELLING WITH HAZARD CLASS, CATEGORIES, HAZARD SYMBOLS,

Dangerous Chemicals Control Act · SIXTH SCHEDULE

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

1. LABELLING WITH HAZARD CLASS, CATEGORIES, HAZARD SYMBOLS, SIGNAL WORDS, HAZARD STATEMENTS, PRECAUTIONARY STATEMENTS AND PICTOGRAMS (1) Chemical substances entered on the list of dangerous substances are labelled in accordance with prescriptions given in the list. (2) The following rules apply to other chemical substances and to chemical mixtures. (3) Labelling must take into account all potential hazards which are likely to be presented by the chemical substances and mixtures in the form in which they are placed on the market, but not necessarily of hazards presented by the substance or mixture in the form in which they are applied, e.g. diluted. 1.1 Hazard symbols and hazard statements (1) Labelling with hazard symbols and statements shall be in accordance with the classification contained in the Fifth Schedule. (2) Hazard symbols and hazard statements denoting the highest degree of hazard relating to danger to health and flammability, are chosen in the following order of decreasing hazard— (a) flammability: “Explosive”, “Extremely flammable”, “Highly flammable”, “Oxidising”; (b) health hazards: “Very toxic”, “Toxic”, “Corrosive”, “Harmful”, “Irritant”; (c) hazard symbols shall be presented in accordance with Seventh Schedule. 1.2 Hazard Statements and Precautionary Statements 1.2.1 General Rules (1) Labelling with hazard statements and precautionary statements shall be in accordance with classification, contained in the Fifth Schedule. (2) The wording of Hazard Statements and Precautionary Statements shall be in accordance with the UN Globally Harmonised System (GHS) and as approved by the Board. D1 – 71 [Issue 1] Dangerous Chemicals Control Act (3) Although the final choice of the most appropriate hazard and precautionary statements is primarily governed by the need to give all necessary information, consideration shall also be given to the clarity and impact of the label. With clarity in mind, the necessary information shall be expressed in a minimum number of statements. (4) As a general rule all hazard statements and precautionary statements on the basis of which the substance or mixture is classified shall be indicated on the label. (5) (a) Where the classification of flammability and hazards to health results in more than four hazard statements, it is generally possible to eliminate some of the hazard statements which refer to the lowest degree of hazards, provided the overall effectiveness of the warning is not thereby reduced. (b) The hazard statements which indicate danger for the environment are obligatory. (6) The final choice of precautionary statements shall have regard to the hazard statements indicated on the label and to the intended use of the substance or mixture. (7) Certain precautionary statements have particular relevance to substances and mixtures intended to be used by the general public whereas other statements have particular relevance to persons at work. (8) Statements shall be chosen with the intended use in view. (9) Particular attention shall be given, in the choice of precautionary statements, to the foreseen conditions of use of certain substances and mixtures, e.g. spraying or other aerosol effects. (10) As a general rule, a maximum of 4 precautionary statements should suffice to formulate the most appropriate safety advice. (11) In the case of danger to the environment, a minimum of one and a maximum of 4 precautionary statements shall be used. (12) Some hazard statements become superfluous if a car (9) Particular attention shall be given, in the choice of precautionary statements, to the foreseen conditions of use of certain substances and mixtures, e.g. spraying or other aerosol effects. (10) As a general rule, a maximum of 4 precautionary statements should suffice to formulate the most appropriate safety advice. (11) In the case of danger to the environment, a minimum of one and a maximum of 4 precautionary statements shall be used. (12) Some hazard statements become superfluous if a careful selection is made of precautionary statements vice versa. (13) Precautionary statements which obviously correspond to hazard statements shall appear on the label only if it is intended to emphasise a specific warning. 1.2.2 Small packaging (1) For packagings containing 125 ml or less, labelling with hazard and precautionary statements shall not be required, if the substance or preparation is classified as highly flammable, flammable or oxidising. (2) This rule also applies to substances and mixtures which are classified as irritant, unless they are classified as skin sensitisers. (3) The same rule also applies to substances which are classified as harmful, and not retailed to the general public, unless they are classified as respiratory sensitisers. 1.2.3 Precedence for the allocation of symbols For substances and mixtures covered by the UN Recommendations on the Transport of Dangerous Goods, Model Regulations, the precedence of symbols for physical hazards should follow the rules of the UN Model Regulations. In [Issue 1] D1 – 72 Revised Laws of Mauritius working situations, the Board may require a number of symbols to be used. For health hazards the following principles of precedence apply— (a) if the skull and crossbones applies, the exclamation mark should not appear; (b) if the corrosive symbol applies, the exclamation mark should not appear where it is used for eye or skin irritation; (c) if the health hazard symbol for respiratory sensitisation appears, the exclamation mark should not appear where it is used for sensitisation or for skin and eye irritation. 1.2.4 Precedence for allocation of signal words If the signal word “Danger” applies, the signal word “Warning” should not appear. 1.2.5 Precedence for the allocation of hazard statements All assigned hazard statements should appear on the label, the order in which they appear may be specified by the Board. 1.2.6 Presentation of label elements 1.2.6.1 Location of information on the label The hazard pictograms, signal word and hazard statements should be located on the label. The Board may provide guidance for the presentation of information on the label. Precautionary statements and pictograms shall be included as required and approved by the Board. 1.2.6.2 Supplementary information Supplementary information, as approved by the Board, may appear on the label to provide additional information on hazards or route of exposure. However supplementary information should not lower standards of protection. 1.2.6.3 Use of colour outside pictograms In addition to the use of colour in pictograms, colour can also be used on other areas of the label to implement special labelling requirements such as the use of the pesticide bands in the FAO Labelling Guide, for signal words and hazard statements or as background to them, or as otherwise provided for by the Board. 1.2.7 Special labelling arrangements The Board may allow communication of certain hazard information for carcinogens, reproductive tox tion. 1.2.6.3 Use of colour outside pictograms In addition to the use of colour in pictograms, colour can also be used on other areas of the label to implement special labelling requirements such as the use of the pesticide bands in the FAO Labelling Guide, for signal words and hazard statements or as background to them, or as otherwise provided for by the Board. 1.2.7 Special labelling arrangements The Board may allow communication of certain hazard information for carcinogens, reproductive toxicity and target organ systemic toxicity repeat exposure on the label and on the SDS or through the SDS alone. Similarly, for metals and alloys, the Board may allow communication of the hazard information through the SDS alone when they are supplied in the massive, non-dispersible, form. 1.2.7.1 Workplace labelling Products supplied to the workplace should carry the appropriate label, and that label should be maintained on the supplied container in the workplace. The Board may allow employers alternative means of giving workers the same information in a different written or displayed format when such a format is more appropriate to the workplace and communicates the information as effectively as the label. D1 – 73 [Issue 1] Dangerous Chemicals Control Act 1.2.7.2 Consumer product labelling The Board shall provide guidance for the labelling of consumer products. The information on consumer products shall be based on an assessment of risk and the likelihood of injury occurring from exposure to these products. Information on chronic health hazards may be provided after considering additional information regarding potential exposure to consumers under normal conditions of use or the foreseeable misuse.

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