Preamble - DANGEROUS GOODS (CLASSIFICATION. PACKAGING AND LABELLING) RULES, 2013

DANGEROUS GOODS (CLASSIFICATION PACKAGING AND LABELLING) RULES, 2013

PREAMBLE

Whereas the draft rules, namely, the Hazardous Substances (Classification, Packaging and Labelling) Rules, 2011 were published by the Government of India in the Ministry of Environment and Forests vide number G.S.R. 5231, dated the 8th July, 2011 in the Gazette of India, Extraordinary of the same date inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public:

AND WHEREAS copies of the said Gazette were made available to the public on the 05th day of August, 2011;

AND WHEREAS the objections and suggestions received within the said period from the public in respect of the said draft rules have been duly considered by the Central Government.

NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8, and25of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following Rules, namely:-

Rule 1 - Short title and commencement

(1) These rules shall be called the "'Dangerous Goods (Classification. Packaging and Labelling) Rules, 2013"

(2) They shall come into force after 360 days from the dale of their publication in the official Gazette.

Rule 2 - Application

(1) These rules shall apply to Dangerous Goods specified in Schedule I appended to these rules.

(2) Not with standing anything in sub-rule (1), these rules shall not apply to-

(a) any material used as pharmaceutical end product if available in packages specifically designated for consumer use or;

(b) any material used as cosmetic end product if available in packages specifically designated for consumer use or;

(c) any dangerous goods required for the propulsion of the means of transport or the operation of its specialised equipment during transport or which are required in accordance with the operating regulations.

(d) Limited quantity or excepted quantity as defined in Schedule I.

(3) These-rules shah not apply to the Radioactive Materials. Transport of radioactive material in India is governed by Atomic Energy Regulatory Board (AERB) safety code AERB/SC/TR-1 which is based on International Atomic Energy Agency (IAEA) regulations for the safe transport of radioactive material.

(4) These Rules will not apply to the primary packages/containers of agrochemicals which are regulated as per the Insecticides Act, 1968, as amended, and Rules made thereunder. However, marking and placards specified under these Rules shall be applicable to transport package.

(5) Detailed guidelines for classification, packaging, testing, marking, certification and transportation of dangerous goods shall be issued.

(6) These rules shah not apply to the transport of dangerous goods if the goods have been imported into India and the container is placarded in accordance with the International Air Transport Association (IATA) Dangerous Goods Regulations, International Civil Aviation Organization (ICAO) Rules or International Maritime Dangerous Goods (IMDG) Code and

(a) the goods arc being transported in a closed freight container; and the goods are not leaking from the container; and

(b) the goods are being transported directly from the port of import to the ware house/factory of-the occupier.

Rule 3 - Definitions

In these rules, unless the context otherwise requires,-

(1) "article" mean an object which during production is given a special shape, surface or design which determines its function to a greater degree than its chemical composition;

(2) "classification" means categorization of dangerous goods in either of the hazard class or its sub-classes as per Schedule-II of these rules;

(3) "combination packaging" means a combination of packaging for transport purposes, consisting of one or more inner packaging secured in a non-bulk outer packaging;

(4) "competent authority" means the Central Government in the Ministry of Environment and Forests;

(5) "composite packaging" means a special type of single packaging consisting of an outer packaging and an inner-receptacle, so constructed that the inner receptacle and the outer packaging form an integral packaging, once assembled, it remains thereafter an integrated single unit and is filled, stored, transported and emptied as such;

(6) "consignee" means any person or organisation which is entitled to take delivery of a consignment;

(7) "consignor" means any person or organisation which prepares a consignment for transport;

(8) "dangerous goods list" means the list of dangerous goods specifying its name and description, United Nations number, class, packaging group and special instruction; if any, given in the United Nations Transport of Dangerous Goods Model Regulation, as in Schedule I and as amended from time to time;

(9) "dangerous goods" mean materials capable of posing significant risks to the people, health, property or environmem, as in-Schedule I, when transported in quantity;

(10) "group" means the category of packaging;

(11) "liquid" means a substance or mixture which is not a gas and which has a melting point or initial melting point of 20?C or less at standard pressure of 101.3 k Pa;

(12) "material" includes article, substance, mixture and preparation;

(13) "mixtures" mean a substance listed by name containing technical impurities or additives for stability or other purposes affecting its classification.

(14) "movement" means transport of Dangerous Goods by road, rail, waterways and airways outside the premises which are not licensed under the Factories Act, 1948.

(15) "occupier" in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance; however for those premises not covered by the Factories Act, 1948 it will be either consigner or consignee as defined in this rule.

(16) "packing groups" means for packing purposes Dangerous Goods other than those of classes 1, 2 and 7, classes 5.2 and 6.2 and other than self-reactive substances of class 4.1 and are assigned to three packing groups in accordance with the degree of danger they present and as per the list of dangerous goods at Schedule-I:-

(a) packing group I: substances presenting high danger;

(b) packing group II: substances presenting medium danger;

(c) packing group III: substances presenting low danger;

(17) "transport package" means the outermost package used for transport;

(18) "schedule" means a Schedule appended to these rules.

(19) LD₅₀ (median lethal dose) for acute oral toxicity is the statistically derived single dose of a substance that can be expected to cause death within 14 days in 50 per cent of young adult albino rats when administered by the oral route. The LD₅₀ value is expressed in terms of mass of test substance per mass of test animal (mg/kg).

(20) LD₅₀ for acute dermal toxicity is that dose of the substance which, administered by continuous contact for 24 hours with the bare skin of albino rabbit, is most likely to cause death within 14 days in one half of the animals tested. The number of animals tested shall be sufficient to give a statistically significant result and be in conformity with good pharmacological practice. The result is expressed in milligrams per kg body mass.

(21) LC₅₀ for acute toxicity on inhalation is that concentration of vapour, mist or dust which administered by continuous inhalation to both male and female young adult albino rats for one hour, is most likely to cause death within 14 days in one half of the animals tested. A solid substance shall be tested if at least 10% (by mass) of Us total mass is likely to be dust in a respirable range e.g. the aerodynamic diameter of that particle-fraction is 10 microns or less. A liquid substance shall be tested if a mist is likely to be generated in a leakage of the transport containment. Both for solid and liquid Substances more than 90% (by mass) of a specimen prepared for inhalation toxicity shall be in the respirable range as defined above. The result is expressed in milligrams per liter of air for dusts and mists or in milliliters per cubic meter of air (parts per million) for vapours.

Rule 4 - Responsibility of occupier and consigner

(1) Any person or organisation dealing with the dangerous goods shall -

(i) assign one or more hazard class specified in Schedule II in accordance with the criteria specified therein;

(ii) if more than one hazard class is applicable, assign precedence in accordance with specifications specified under Schedule III;

(iii) assign a proper shipping name and United Nations (UN) number;

(iv) select a suitable packaging which is compatible and compliant with performance packaging test in accordance with the norms specified under Schedule IV;

(v) use the requisite label, placard and marking on the packaging in accordance with Schedule V;

(vi) provide an updated Safety Data Sheet (SDS) to Consignee in accordance with Schedule-VI and Transport Emergency (TREM) card for the transporter in accordance with Schedule VIII.

(vii) attach Multi Modal Dangerous Goods Form specified under Schedule VII;

(viii) ensure that persons engaged in the handling, storage and transport of the dangerous goods arc trained to handle Dangerous Goods in a safe manner in relation to corresponding role and responsibilities.

Rule 5 - Dangerous Goods Classes

(1) Substances (including mixtures and solutions) and articles depending upon the hazard they pose shall be classified in one or more of the following classes and sub-classes, namely:--

a) class 1: explosives--

(i) sub-class 1.1: substances and articles which have a mass explosion hazard;

(ii) sub-class 1.2: substances and articles which have a projection, hazard but not a mass explosion hazard;

(iii) sub-class 1.3: substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard;

(iv) sub-class 1.4: substances and articles which present no significant hazard;

(v) sub-class 1.5: very insensitive substances which have a mass explosion hazard;

(vi) sub-class 1.6: extremely insensitive articles which do not have a mass explosion hazard;

(b) class 2: gases--

(i) sub-class 2.1: flammable gases;

(ii) sub-class 2.2 : Non-flammable, non-toxic gases;

(iii) sub-class 2.3: toxic gases;

(c) class 3; flammable liquids:

(d) class 4: flammable solids- substances liable to spontaneous combustion; substances which, on contact with water, emit flammable gases--

(i) sub-class 4.1: flammable solids, self-reactive substances and solid desensitised explosives;

(ii) sub-class 4.2: substances liable to spontaneous combustion;

(iii) sub-class 4.3: substances which in contact with water emit flammable gases;

(e) class 5: oxidizing substances and organic peroxides--

(i) sub-class 5.1: oxidizing substances;

(ii) sub-class 5.2: organic peroxides;

(f) class 6: toxic and infectious substances--

(i) sub-class 6.1: toxic substances;

(ii) sub-class 6.2: infectious substances;

(g) class 7: radioactive materials;

(h) class 8: corrosive substances;

(i) class 9: miscellaneous dangerous substances and articles.

(2) The detailed description of these class and sub-classes are given under Schedule II.

(3) In determining the class of a substance, mixture or solution having more than one risk, when it is not specifically classified in the dangerous goods list, the procedure specified under Schedule II shall be used.

Rule 6 - Assignment of United Nations number and shipping names

(1) Every dangerous goods shall be assigned to United Nation number and proper shipping name according, to its hazard classification and composition.

(2) Any dangerous goods which meets the criteria of more than one danger class or sub-class and which is not listed by name in the dangerous goods list, shall be assigned to a class and subclass and subsidiary risk on the basis of the precedence of hazards specified under Schedule III.

Rule 7 - Packaging provisions

(1) An occupier handling Dangerous Goods shall not supply or transport, as the case may be, any Dangerous Goods unless it is in a package which is suitable for that purpose in accordance with these rules.

(2) Notwithstanding anything in sub-rule (1), it shall be the responsibility of the occupier that the consignor or importer must ensure that the packing is compatible with the goods concerned and comply with the packaging provision specified under Schedule IV.

Rule 8 - Labelling and marking

An occupier shall not handle a material which is dangerous for supply and transport unless the material is clearly marked and labelled in accordance with the requirements under this rule.

(1) Labelling is required on the primary packages, and should contain the following information:

(a) the product name including the trade name or substance name or systematic chemical name and/or chemical identifiers such as the Chemical Abstract Number, where applicable;

(b) the gross weight or net weight should be indicated on the package;

(c) the name and address of the manufacturer, importer, wholesaler or other supplier of the material, and including of any party deemed necessary for traceability of the material to the manufacturer or producer;

(d) an emergency contact number shall be indicated on the packaging which shall be manned twenty-four hours(e)The information on the substance shall include the following, namely;-

(i) proper shipping name;

(ii) United Nation Number;

(iii) hazard class;

(iv) secondary hazard;

(v) packing group;

(e) For receptacles of capacity 20 lit or more, a diamond shaped label of at least 100mm x 100mm denoting the primary transport hazard class assigned shall he affixed on the receptacles and in the case of being a secondary hazard, then the transport hazard diamond label shall be affixed adjacent to the primary hazard, placard based on the markings as appearing on the packaging in visual proximity to the primary hazard label. However for receptacles with a capacity of less than 20 lit. a smaller but clearly legible label is to be affixed;

(f) all labels and markings shall be ensured to withstand the rigors of the journey.

(2) An occupier shall not transport and supply any dangerous goods unless they comply with the following;

(a) A diamond placard of at least 250mm x 250mm denoting the primary transport hazard class assigned is affixed on the container and/or transport unit and in case of a secondary hazard, the transport hazard diamond placard shall be affixed adjacent to and in visual proximity to the primary hazard placard;

(b) on an orange rectangular panel not less than 120 mm high and 300 mm wide, with a 10 mm black border, to be placed immediately adjacent to each placard displaying therein the United Nation number for the goods in black digits of not less than 65 mm high; or can be placed in the lower half portion of the placard with same size and arrangement of letters and symbols etc. as given in schedule V.

(c) the net weight of the material, and the number of packages together plus their net weight shall be indicated in the multimodal Dangerous Goods Transportation Form.

(d) As per the Central Motor Vehicles Act, 1988 and rules thereof, an emergency telephone number manned twenty-four hours in Hindi or English must be indicated on the container, iso-container or tanker;

(e) the Emergency Information Panel (EIP), as per the Central Motor Vehicles Act, 1988 and rules thereof, shall be displayed on at least two sides of the container or bulk tanker or transport unit.

(f) the following transport hazard information required as markings on the bulk tanker in Emergency, Information Panel (EIP), as per the Central Motor Vehicles Act, 1988 and rules thereof, namely:--

(i) proper shipping name;

(ii) UN number;

(iii) hazard class; and

(iv) secondary hazard class;

(g) vehicles designated as tankers, having a fixed tank, carrying chemicals of variable nature designated as dangerous under this rule shall carry a metal grid (of size of 600 x 800 mm with ability to affix a metal plate at four corners of the grid using metal screws) on two of its sides so that metal plates can be affixed displaying the designate hazard information and details of the consignor or manufacturer: provided that the grid shall not eliminate the possibility of usage of other means to placard or mark the transport unit including painting;

(h) when two or more dangerous goods are packed within the same outer packaging, the package shall be labelled and marked as required for each substance and the secondary risk labels need not be applied if the hazard is already represented by a primary risk label;

(i) all placards and markings shall be ensured to withstand the rigors of the journey.

(3) The diamond placards shall be marked in accordance with Schedule V.

Rule 9 - Documents to accompany consignment

(1) Every consignment shall accompany with a safety data sheet and TRHM card during the transport within India in accordance with Schedule VI and VIII, respectively. The information in the safety data sheet shall be as per the format prescribed under Schedule VI. Confidential business information may be retained if the substance does not contribute, to an overall classification, due to absence of any relevant hazard in the substance per se or where the substance in the preparation is below de minimus levels of any hazard, where a general rational range of usage is deemed insufficient to disclosure, and where it can be proven that intellectual property options available are insufficient or inappropriate to provide protection of business interests. Such confidential business information shall be required to be disclosed in the event of a medical or environmental or fire emergency or as per the legal demand of the competent authority.

(2) Every consignment shall accompany with a multi-modal dangerous goods form during the transport within India in accordance with Schedule VII.

(3) For imported fresh packaging material with UN marking, there is no need for further certification for domestic use. However, for export purposes, the packaging material shall be tested as per the International Civil Aviation Organization (ICAO) or International Maritime Dangerous Goods (IMDG) Code regulations.

Rule 10 - Enforcement authority

The enforcement authority under these rules shall be the concerned enforcing authority as specified under column (2) of Schedule IX in respect of the duties specified in the corresponding entry under column (3) of the said Schedule.

Rule 11 - Nodal agency

The nodal Ministry for coordination under these rules shall be the Ministry of Environment and Forests under the Central Government.