335Labelling hazardous chemicals

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. (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 Schedule 9, Part 3; or (b) the label includes content that complies with another labelling requirement imposed by these Regulations or by another law of the Territory or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Schedule 9, Part 3. (3) This regulation 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 Work Health and Safety (National Uniform Legislation) Regulations 2011 252 (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 regulation does not apply to hazardous chemicals in transit. (5) This regulation does not apply to a hazardous chemical that: (a) is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 (Cth); 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 regulation does not apply to cosmetics and toiletries. (7) This regulation 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 regulation: Poisons Standard means the Standard for the Uniform Scheduling of Medicines and Poisons February 2017 (Cth), as in force or remade from time to time. Work Health and Safety (National Uniform Legislation) Regulations 2011 253 Notes for Subdivision 2 1 A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace. 2 A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying. 3 An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Part 9.2. 336 Restriction on age of person who can supply hazardous A person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age. Note for regulation 336 Examples for regulation 336 1 Decanting fuel into a fuel container. 2 Refuelling a car. 337 Retailer or supplier packing hazardous chemicals (1) The supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed. Work Health and Safety (National Uniform Legislation) Regulations 2011 254 (2) A retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed.