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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Marketing and Use of Dangerous Substances (No. 3) Regulations (Northern Ireland) 2004 No. 302 URL: http://www.bailii.org/nie/legis/num_reg/2004/20040302.html |
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| Made | 15th July 2004 | ||
| Coming into operation | 17th January 2005 |
(2) Expressions used in these Regulations which are also used in Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations[3], as last amended by Directive 2003/53/EC of the European Parliament and of the Council amending for the 26th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement)[4], shall have the meaning they bear in that Directive.
(3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Scope
3.
- (1) These Regulations do not apply to -
(2) These regulations shall not prohibit the placing on the market or use of any pesticides or biocidal products containing nonylphenol ethoxylate as a co-formulant if, and to the extent to which, such placing on the market or use is authorised by a relevant approval.
(3) In paragraph (2), a "relevant approval" means a valid approval granted before 17th July 2003 under -
Prohibition on the placing on the market and use of nonylphenol and nonylphenol ethoxylate
4.
No person shall place on the market or use nonylphenol or nonylphenol ethoxylate as a substance or constituent of preparations in concentrations equal to or higher than 0.1% by mass for the following purposes -
(b) domestic cleaning;
(c) textiles and leather processing, except -
(d) emulsifier in agricultural teat dips;
(e) metal working, except uses in controlled closed systems where the washing liquid is recycled or incinerated;
(f) manufacturing of pulp and paper;
(g) cosmetic products;
(h) other personal care products, except spermicides;
(i) co-formulants in pesticides or biocides.
Offences and penalties
5.
- (1) Any person who contravenes regulation 4, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
(2) Any person guilty of an offence under paragraph (1) shall be liable:
(3) For the purposes of this regulation, section 20(2) of the Interpretation Act (NI) 1954 applies with the omission of the words "the liability of whose members is limited" and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Sealed with the Official Seal of the Department of the Environment on
15th July 2004.
L.S.
Ian Maye
A senior officer of the Department of the Environment
[3] O.J. No. L262, 27.9.1976, p. 201back
[4] O.J. No. L178, 17.7.2003, p. 24back
[6] S.R.1987 No.414 as amended by regulation 21(3) of the Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No. 203), the Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 469), the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No. 422)back
