New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 335

335 Labelling hazardous chemicals

(1) The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(2) A hazardous chemical is
"correctly labelled" if--

(a) the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9, or

(b) the label includes content that complies with another labelling requirement imposed by this Regulation or by another law of New South Wales or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.

(3) This clause does not apply to a hazardous chemical if--

(a) the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard, and

(b) the container for the hazardous chemical has its original label, and

(c) it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in--

(i) a quantity that is consistent with household use, and

(ii) a way that is consistent with household use, and

(iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.

(4) This clause does not apply to hazardous chemicals in transit.

(5) This clause does not apply to a hazardous chemical that--

(a) is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth, and

(b) is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes, and

(c) is labelled in accordance with that Act or an order made under that Act.

(6) This clause does not apply to cosmetics and toiletries.

(7) This clause does not apply to a hazardous chemical that is--

(a) a veterinary chemical product within the meaning of the Agvet Code, and

(b) listed in--

(i) the Poisons Standard, Part 4, Schedule 4--if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes, or

(ii) the Poisons Standard, Part 4, Schedule 8.

(8) In this clause--

"Poisons Standard" means the Poisons Standard February 2019 published by the Commonwealth, as in force or remade from time to time.