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Primary Legislation

Dangerous Chemicals Control Act 2004
In Force: 5 November 2004

Abstract

This Act deals with all dangerous chemicals substances.

Under section 4 of this Act, there is established a Dangerous Chemicals Advisory Board consist of representatives assigned by various ministers whose functions is inter alia to advise on dangerous chemicals and the implementation of international convention.

The Board shall also have other tasks by virtue of section 7 including the classification and control of the dangerous chemicals.

Part III of the Act deals with the enforcing agencies (section 8 and 9) and this some of the responsibility according to Third Schedule of the Act are to assist and supervise the enforcement of national standards and regulations on dangerous chemicals and any order and notice issued under the Act.

Under part IV of the Act which deals with Licence, Permit, Notification and duty to provide information, section 10 prohibits any person from dealing with chemical substance without a permit upon the term and conditions of the Board. Every holder of a permit under section 10 has a duty to give notice to the Board of import and export of chemicals (section 12) and a duty to provide information (section 13)

Part V of the Act deals with the classification, sale and labelling of chemicals. Section 15 deals with the classification of chemical substance as specified in the 5th, 6th, 7th, 8th and 9th Schedules. Section 16 provides that any dangerous chemicals to be packed according the requirement set out in the 10th Schedule. Section 17 prohibits the sale of dangerous chemicals where it is the subject of false and misleading information as to its use or risks.

Part VI deals with the safety data sheets regarding importer and exporter to provide safety data sheet to the Board.

Part VII deals with the protection of Dangerous Chemicals and section 19 deals particularly with the chemicals being placed on the local market, the duties of employers (section 20) and on employee (section 22) and the protection of the public against the toxic residues and hazard to health (section 23)

Part VIII deals with the Transportation and Storage of chemicals. Section 25 prohibits the storage without the proper authorisation by the appropriate enforcing agency.

Part IX deals with prohibited chemicals as specified in the 18th Schedule. Part X concerns the enforcement notice including the prohibited notice (section 30) and the powers of entry by the enforcing agency with the assistance of the police (section 31)

Part XI concerns the offences as laid out in the act for those who contravened any of the above provision

Comments

Pesticides Control Act is repealed

The Pharmacy Act is amended by

(a) repealing Part II of the First Schedule;
(b) repealing the Second, Third and Fourth Schedules.
(3) The Consumer Protection (Control of Imports) Regulations 1999 are amended in the First Schedule by repealing Part II of the Schedule.

Keywords: dangerous chemicals permits storage, labelling offences

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