THE INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT, 2003 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title and commencement. 2. Interpretation. PART II ADMINISTRATION 3. Administration and functions under the Act. 4. Establishment of the Technical Committee. 5. Functions of the Board. 6. Powers of the Board. 7. Consultations between Institutions. 8. Emergency Response Committee. 9. The Registrar of Chemicals. I 0. Functions of the Chief Government Chemist. PART III CONTROL OF PRODUCTION, IMPORTATION, Exportation, TRANSPORTATION, STORAGE OF AND DEALING IN CHEMICALS (a) Registration I 1. Application for registration of chemicals. 12. Chemical registration to comply with the requirements. 13. Approval for registration of chemicals. 14. Approval of a chemical provisional clearance or rejection of application. 15. Application for registration of a producer, importer and exporter etc. 16. General requirements for dealers in chemicals. 1 2 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 17. Requirement for producers. 18. Requirements for storage and warehousing. 1 9. Registration procedures. 20. The decision to register provisionally or reject the application. 2 1. Authorization to import, export, transport, produce, deal in and use of unregistered chemicals. 22. Duration of registration and renewal of registration. 23. Cancellation of registration of a chemical. 24. Cancellation of registration of a certificate holder. 25. Variation of a certificate. 26. Maintenance of registration and re-registration. 27. Registration of premises and facilities. 28. Keeping of records of chemical transactions. (b) Certificate 29. Certificate for production, importation, exportation, transportation, storage and dealing in chemicals. (c) Restrictions 1 30. Restrictions, banning and elimination of chemicals. 3 1. Precursor chemicals. 32. Use of restricted chemicals. 3 3. Restriction on chemicals. 34. Restriction on the production, importation, exportation and dealing in chemicals. 35. Prohibition on production, dealing in counterfeit or adulterated chemicals. (d) Inspection 36. Appointment of inspectors. 37. Duties of inspectors - 38. Powers of inspectors. 39. Procedure for taking samples. 40. Who may request for analysis. 41. Designated, reference laboratories and certificate of analysis. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 3 PART IV MANAGEMENT OF INDUSTRIAL AND CONSUMER CHEMICALS 42. Labelling and safe handling. 43. Chemical and chemical wastes. 44. Disposal of chemical wastes. 45. Prevention and management of accidents. 46. Management of spills and contaminated sites. 47. Decommissioning of plants. PART V FINANCIAL PROVISIONS 48. Funds and resources of Government Chemist Laboratory Agency. 49. Accounts and audits. 50. Annual reports and performance agreements. PART VI MISCELLANEOUS PROVISIONS 5 1. Notification of death and injury. 52. Inquiry or investigation. 53. Liability of body corporate, partnerships, agents, principles and employers. 54. Liability of committee members and employees. 55. Forfeiture, cancellation and other orders. 56. Appeals against decisions of the Board. 57. Exemptions for Government activities. 58. General penalty. 59. Offences and penalties. 60. Second and subsequent offences and penalties. 6 1. Losses and expenses. 62. Powers to make regulations. 63. Powers of the Minister. SCHEDULE Industrial and Consumer Chemicals (Management and Control) No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 5 No. 3 OF 2003 I ASSENT, President [05.04.03.] An Act to provide for the management and control of the production, importation, transportation, exportation, storage, dealing, and disposal of chemicals and for matters connected therewith. [..........] ENACTED by the Parliament of the United Republic of Tanzania. PART I PRELIMARY PROVISIONS 1. This Act may be cited as the Industrial and Consumer Chemicals Short (Management and Control) Act, 2003, and shall come into operation on Title and Cornmen- such date as the Minister may by notice in the Gazette appoint. cernent 2. In this Act, unless the context otherwise requires: - ''advertise'', means the promotion of the sale and use of the chemical by Interpreta- tion print, electronic media, signs, displays, gift, demonstration or word of mouth; 6 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Act ''Board'' means the Ministerial Advisory Board for the Government No.30 Chemist Laboratory Agency constituted under section 6 of the of 1997 Executive Agencies Act; ''CAS'' means a unique registry number assigned to a chemical by the Chemical Abstracts Service; "certificate'' means a certificate issued by the Board under this Act; "certificate of analysis- means a certificate issued by the officer incharge of a designated or reference laboratory bearing analytical results of samples submitted and analysed under the provision of this Act; "chemical" means industrial or consumer chemical or chemical product which is a substance in any form whether by itself or in a mixture or preparation, whether manufactured or obtained naturally but excludes medicines, pesticides, radioactives, food additives and any other substance that has therapeutic effects; "committee- means the Industrial and Consumer Chemicals Management and Control Technical Committee, established under section 4 of this Act; "consumer chemical'' means chemical or a chemical product used in the domestic household, or in any non industrial process; "chemical waste'' means any unwanted or expired chemicals; ''designated laboratory' means the Government Chemist Laboratory Agency and any other laboratory appointed by the Minister to carry out analysis under this Act; ''dealer'' means any person engaged in the sale, distribution and use of a chemical; ''Environmental Management Plan'' means a plan that outlines the activities to be undertaken to prevent and control any adverse effects to health and the environment; ''Environmental Impact Assessment'' means a process and procedure of assessing environmental, economical, social and cultural impact of a business including the identification of mitigation measures of the negative effects; ''Emergency Response Committee'' means a team of experts designated under section 8; ''firm'' means a company or entity engaged in the production, handling or disposal of a chemical; ''Good Manufacturing Practice'' means part of quality assurance that products are consistently produced and controlled to the quality standard appropriate to their intended use and as required by authorization; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 7 ''hazard'' means an inherent property of a substance, agent, source of energy or situation, having the potential to cause undesirable consequences or effects; ''hazardous- chemical'', means any chemical which has the likelihood of causing adverse effects or injury to human health or the environment and which has been so designated by the Board; ''highly hazardous chemical'' means a hazardous chemical specified in the Sixth Schedule to this Act; ''highly toxic chemical'' means a chemical falling within any of the following categories: (a) a chemical with a median lethal dose (LD50) of 50 milligrams or less per kilogram of bodyweight when administered orally to albino rats weighing between 200 and 300 grams each; or (b) a chemical with a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each; or (c) a chemical that has a median lethal concentration (M50) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for I hour (or less if death occurs within I hour) to albino rats weighing between 200 and 300 grams each; ''International Convention'' means a convention, agreement or other scheme that have been ratified or acceded to by,the Government; ''inspector ... means an inspector appointed under section 36 of this Act; ''industrial chemical'' means any chemical or product used or intended for use in industrial process; ''label'' means a written, printed or graphic matter on, or attached to the chemical or the immediate container thereof and the outside container or wrapper of the retail package of the chemical; ''LD 50'' or ''(Lethal Dose5O)'' means an amount of a substance that, when administered by a defined route of entry (for example oral or dermal) over a specified period of time, is expected to cause the death of 50 per cent of a defined animal population. "management" means handling, supply, transport, storage, or other use of a chemical subsequent to its initial manufacture or formulation, in a manner that minimizes risk to human health or the environment; "make good" means to restore the site to condition and state which is as 8 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 close as possible to its original state before it was used for the purpose of storage, producing or dealing in chemicals; ''Minister'', means the Minister responsible for matters relating to chemicals management and control; ''Ministry'' means the Ministry responsible for chemicals management and control; "prior informed consent'' means the principle that a chemical which has been banned or severely restricted for health or environmental reasons in one country should not be exported to countries participating in the procedure without their prior informed consent; ''certificate holder'' means a person holding a certificate issued under this Act; ''certificate'' means a certificate issued by the Board under this Act; ''Precusors Chemicals'' means Chemicals used in the manufacturing of narcotic drugs or psyschotropic substances as provided for under the International Drug Control Convention; ''premises'' means any land, shop, stall, warehouse or place where any chemical is produced, sold, stored or used; tiproducer ... means a person or other entity in the public or private sector or any individual engaged in the business or function whether directly or through an agent or through an entity controlled by or under contract with it, of preparing, mixing or producing a chemical; ''prohibited chemical'' means a chemical whose use is banned; ''public officer'' means a person or Department vested with or performing duties of a public nature, and includes a person under the control of a local government authority, the Community or a public corporation or authority; 44 reference laboratory'' means a laboratory appointed by the Minister under section 41 to carry out analysis for the purpose of authenticating results of the designated laboratory under this Act; ''Registrar'' means the Registrar appointed under section 9 of this Act; ''registration'' means an inclusion into the register of chemicals, certificate holders or premises; ''restricted chemical'' means a limited ban of a chemical for which virtually all registered uses have been prohibited by the Board but certain specific registered use or uses remain authorized; ''risk assessment'' means an act of assessing the risk Of exposure and adverse effect to human health and the environment; ''risk management'' means a process and procedure of reducing or possibly eliminating risks associated with the exposure to chemicals; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 9 "secretariat'' means the Registrar and other officers of the Government Chemist Laboratory Agency; "pictogram'' means a symbol which conveys a message without words; "provisional clearance'' means an authority given by the Board to allow the use, or sale on a limited basis and under stipulated conditions; ''provisional registration'' means an authority given by the Board to allow importation, production or dealing on a limited basis and according to stipulated conditions; "scientific nomenclature'' means internationally accepted standard or system of naming a chemical; "severely restricted chemical'' means a chemical for which, on health or environmental reasons, virtually all uses have been prohibited nationally by the Board but for which certain specific uses remain authorized by the Board; ''Technical Committees'' means the Industrial and Consumer Chemicals Management and Control Technical Committee established under section 4; ''toxic chemical'' means a substance which can cause injury to living - organisms as a result of physicochemical interactions; "user'' means large volume user or frequent user of chemicals such as hospitals, schools and industries, tertiary education institutes, laboratories and research institute; and "warning signs'' means signs placed to make aware of a possible danger or harm. PART II ADMINISTRATION Admini- stration 3.-(I) The administration and functions under this Act, shall be as and specified under the Executive Agencies Act, 1997, and the Chief functions Government Chemist Agency established under the Executive Agencies under the Act (Government Chemist Laboratory) Establishment Orders, 2000. Act No.30 of 1997 G.NNo. 106 of2OOO 4.-(l) There is hereby established a Technical Committee which shall Establish- be responsible for advising the Board and Chief Government Chemistof the ''t on matters related to the management and control of all industrial and Technical consumer chemicals in Mainland Tanzania, and which shall perform the Conunittee functions assigned to it under this Act or the regulations made under it. I 0 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (2) Notwithstanding the Provisions of subsection (1), the functions of the Technical Committee shall be- (a) to draw up provisions for the classification, labelling and (b) to issue provisions in relation to bans, restrictions Or protection chemicals; (c) to draw up recommendations on the Protection of health and the environment; (d) to Propose substances, Preparations or Products and Processes which are not or are less hazardous to health and the environment; (c) to carry Out such other functions as may be conferred upon by the Ministerial Advisory Board or any other person in connection to the Management and Control of Chemicals. (3) The First Schedule to this Act shall have effect as to appointments, composition and Procedures (4) There shall be established in the Gazette by the Government Chemist Laboratory Agency. such other committees which shall be responsible for advising the Chief Government Chemist on matters related to management and control of industrial and consumer chemicals. (5) The Minister shall by Order published in the Gazette, amend, vary Or replace all or any of the provisions of the First Schedule. Functions of the 5- Notwithstanding the functions of the Board Provided under the Board Executive Agencies Act, the Board shall - Act No. 30 of 1997 (a) review and Prove budget of chemicals management and control activities as Presented by the Registrar; (b) advise the Minister On Policy matters related to Chemicals Management and Control; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 11 6. For the better performance of its functions, and upon the advice of Powers Of the Technical Committee, the Board shall, in addition to the functions the Board Act No. conferred under the Executive Agencies Act, have powers to- 30 of 1997 (a) enter or remove any name of a chemical or certificate holder from any register prescribed under this Act, or subject to such conditions as the Board may impose, restore it thereto; (b) hire and terminate services; (c) condemn and order destruction or disposal in any way of any chemical found to be unfit for its intended use; at the owners cost; (d) discharge of its functions in accordance with the terms and conditions on which the funds may have been obtained and derived, charge from the General Fund all remuneration, allowances, working expenses or other charges properly arising out of the Fund including any approved capital expenditure; (e) delegate any of its powers to a committee or public officer subject to the approval of the Minister provided that such delegation shall not be further delegated; and (f) regulate its own procedures. 7. Notwithstanding the provisions of this Act, the Chief Government Consulta- Chemist shall maintain, as far as may be practicable, a system of tions consultation and cooperation with other institutions which in one way between Insfitutions or another their functions relate to the functions specified under this Act. 8-41) Notwithstanding the provisions of section 4, the Chief Ernagency Government Chemist, shall in addition of the Technical Committee Response formed under this Act, establish an Emergency Response Committee, Conirnittee whose composition shall be of technical personnel, police officer, fire- fighters, or any person who has received training in handling chemicals; and who shall be appointed by the Minister and their appointments shall be published in the Gazette. 12 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (2) The Director of Disaster Management Department under the Prime Minister's office shall be the Chairman. (3) The Registrar shall be the Secretary to the Emergency Response Committee. (4) The Minister may co-opt any Person into the Emergency Response Committee according to the prevailing situation. (5) The Registrar shall coordinate the activities of the Emergency Response Committee. (6) The composition, functions, tenure and proceedings of the Emergency Response Committee shall be as specified under the regulations. (7) The Registrar shall notify the Disaster Department in the Prime Minister's Office the nature and detail of the emergency whenever the disaster or the emegency occurs. Ilie Registrar 9. The Chief Government Chemist shall be the Registrar of Chemicals. of Chemicals Functions of the 10-0) The Chief Government Chemist, when performing his duties Chief under this Act, shall be advised by the technical committees on matters Govern- of technical nature. ment Chemist (2) Without prejudice to the generality Of sub-section (1) of this section, the Registrar shall - (a) maintain and publish periodically a register of all chemicals stating whether registered, Provisionally cleared, restricted or Prohibited chemicals; (b) maintain and publish periodically a register of waste disposal facilities, transporters, producers, exporters of chemicals; (c) issue certificates Of registration and Provisional clearance as advised by the Technical Committee; (d) maintain registers of chemicals, producers, importers, exporters, transporters, and dealers of chemicals; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 13 (e) implement ratified international conventions; (f) manage and control the import, production, transportation, dealing, storage, and disposal of chemicals in Mainland Tanzania and to collect, maintain and publish information related to it through approval of registration and issuance of certificate; (g) make guidelines on the sound management and effective control of chemicals; (h) conduct public educational campaigns on the sound management of chemicals; (i) train inspectors; 0) register inspectors; (k) proposeregulationstobemadeunderthisActbytheMinister; (1) foster cooperation between the Technical Conunittee and other institutions and organizations, on matters pertaining to management and control of chemicals; (m) evaluate any incoming application of a new chemical for analysis registration, re-registration and cancellation of any existing registered product; (n) order inspection of premises; in which chemicals are produced, stored, sold, dealt in, used by a certificate holder; (o) prescribe minimum requirements of quality in respect of chemicals produced, imported into or exported from Mainland Tanzania; (p) coordinate chemicals management policies and programmes nationally and internationally; (q) deal with chemical emergencies, spills and accidents; (r) provide technical advice to the Government and other institutions on chemicals management and control, and 14 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (s) carry out such other functions as may be conferred upon the Board by any written law or as are incidental to the performance of its functions under this Act. (t) conduct research related to chemicals and chemical management. PART III CONTROL OF PRODUCTION, IMPORTATION, Exportation, TRANSPORTATION, STORAGE AND DEALING IN CHEMICALS (a) Registration Applìca- 11--(I) An application for the registration of a chemical shall be tjon for registra- submitted to the Chief Government Chemist in the prescribed manner tion of and form, as set out in the Second Schedule to this Act. chemicals (2) Registration of a chemical may be applied for by - (a) the Producer,of the chemical; (b) the marketing firm, if the chemical is to be marketed for the first time in Mainland Tanzania; or (c) the importer and exporter of that chemical. (3) Each application shall be accompanied by a fee prescribed by the Minister in the regulations. (4) An application for registration of a chemical shall contain - (a) the name and address of the applicant; (b) the hazardous category of the chemical substance; (c) the details of its composition, particularly the nature and quantity of its ingredients, using the commonly employed scientific nomenclature; (d) the details of the intended use; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 15 (e) the details on its possible dangers to human health and the environment; (f) the details of procedures for its proper disposal or treatment; (g) the instructions for safe handling; (h) the text of indications and marking intended for the containers and outer packaging or for the literature accompanying such packaging; (i) the details of the packaging materials; and 0) the information on suitable analysis procedures which can be carried out using commonly employed equipment at a reasonable cost and which can also be used to reliably determine the residue left after the application of the chemical including degradation and reaction products which may be dangerous to the human health and the environment. (5) Every chemical imported, distributed, manufactured, transported, sold, stored shall bear on the container thereof, a label with words ''Approved by the Board'', CAS and registration number, batch number and dates of manufacture, expiry, trade and chemical name, purity level of the substances and their identity or assay of percentage impurities, specification of active ingredient in terms of g/kg (grams per kilograms) or %, w/v (weight by volume), important physical chemical properties, Chemical Safety Cards, Material Safety Data Sheets where applicable instructions for appropriate storage compatibility and safety precautions. (6) Notwithstanding the provisions of sub-section (1), the Board shall not approve the registration of any chemical unless it conforms to the requirements as laid out in this Act. (7) As soon as possible after receiving an application in terms of subsection (1), the Chief Government Chemist - (a) shall notify the applicant that the application has been so received; (b) shall conduct such investigation or inquiry as he considers necessary or desirable, including analysis of samples; 16 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (c) may require further particulars or samples from the applicant; and (d) shall submit report and recommendations for application together with the chemical particulars to the Committee there after to be forwarded to the Board. (8) An application in terms of subsection (1) may at any time be withdrawn by the applicant but such withdrawal shall not entitle the applicant to the refund of the application fee referred to in subsection (3). (9) All chemicals that appear under the Third and Sixth Schedule shall require registration. (I 0) The Committee may require a chemical not appearing under the Third and Sixth Schedule to the Act, to be registered. O 1) Any Person giving false information in an application form, commits an offence under this Act. (12) Any information submitted to the Committee shall be treated as confidential. (13) The Committee may prescribe additional conditions for registration of chemicals appearing under the Sixth Schedule to this Act. Chemical 12. Without prejudice to the generality of section I 1, an applicant for registration registration of a chemical, shall comply to the requirements provided to comply with the for under the provisions of section 11 (4) (a) to (d) of this Act. require- ments Approval 13.-(I) After receiving an application in terms of section I 1, the for Registrar - *stmfion of chemicals (a) shall conduct such investigation or inquiry as he considers necessary or desirable, including analysis of samples or hearing evidence from the applicant; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 17 (b) may require further particulars or samples from the applicant; and (c) shall forward the same to the committee which shall thereafter forward to the Board for its consideration and approval. (2) If the Board - (a) approves the registration of any chemical, the Registrar shall thereupon: (i) enter in the register the prescribed particulars of the chemical and any condition fixed in terms of section I 1 (5); (ii) allocate a registration number to the chemical; (iii) issue to the applicant a certificate of registration in the prescribed form set out in the Ninth Schedule to this Act, showing the registration number of that chemical and any conditions subject to which it is registered; and (iv) cause such registration of that chemical and its particulars to be published in the Gazette as soon as may be practicable. (b) refuses to approve the registration of a chemical subject to the provisions of section I 1 (6), the Registrar shall thereupon inform the applicant in writing of such refusal and the reasons thereof. 14.-(l)The Chief Government Chemist shall consider the application Approval of submitted in accordance with section I I and if he is satisfied after such chemical inquiry, investigation, test or analysis of the chemical as he deems fit, p,ovisional approve registration of the chemical, provisionally clear the chemical or clearance reject the application. or rejection (2) Upon approval for registration or provisional clearance of the of application chemical, the Chief Government Chemist shall issue a certificate, and assign a registration number. (3) In making his decision under sub-section (1) of this section, the Chief Goverturtent Chemist shall be guided, among other considerations, by whether; - I 18 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (a) all matters submitted with the application are true in all material particulars; (b) the label complies with provisions of this Act; (c) the chemical which is subject of the application has not been registered before; (d) the chemical does not cause adverse effects to human life and the environment when applied in accordance with instructions for use; and (e) the use of the chemical has not been restricted or banned in other countries by International Agreements Conventions; Treaties or Agreements whether ratified or not. Application 15.-(I) An application for the registration of a producer, importer, for r4sttation exporter, transporter, storage and dealing in chemicals shall be submitted of a to the Registrar in the prescribed manner and form, as set out in the producer, Fourth Schedule. importer and (2) Registration may be applied for by - exporter etc (a) the producer, (b) the marketing firm; or (c) those intending to import, export, transport, store and deal in chemicals. in respect of a chemical appearing under the Third Schedule if its amount exceeds the threshold value specified therein in the purchase receipt. (3) An application for registration under subsection (1) shall include- (a) the name and address of the applicant; (b) details of the intended business; and (c) qualifications of personnel under whose direct supervision the activities will be carried out. (4) Notwithstanding the provisions of sub-section (1), the Board shall not approve any application for registration unless it conforms to the requirements as laid out in the guidelines for registration and any other conditions prescribed by the Board. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 19 (5) An application in terms of subsection (1), may at any time be withdrawn by the applicant. (6) Any person giving false information in an application, commits an offence. (7) Information submitted to the Registrar under this section shall be confidential. 16. The application for producing, warehousing, exporting, importing, General transporting or dealing in chemicals, shall contain - require- ments for (a) the description of premises on which the chemicals will be dealers in stored, produced and marketed; chemicals (b) the equipment and facilities which are available for distributing, handling, producing, processing, and transporting chemicals from those premises; (c) the qualifications of the personnel under whose direct Supervision those operations will be carried out; (d) the arrangements made or to be made for the safety, health and the environment within and outside the premises; (c) contingency plans and procedures for dealing with emergency; and (f) the arrangements made or to be made for securing the safety keeping of and maintenance of adequate records in respect of chemicals stored in or distributed from those premises. \ 17. Notwithstanding section 15 of this Act, where an application is Require- for registration for production of chemicals, the Board, before approving ''""'' producers issuance of the certificate of registration to which the application relates shall consider whether - (a) the Good Manufacturing Practice (GMP) is complied with; (b) the production processes are within premises registered for such activities; (c) the Environmental Impact Assessment (EIA) and Environ- mental Management Plan certified by the designated national environment authority has been carried out; I I 20 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (d) the Emergency Management Plan has been approved by the Board or any other relevant authority, and (e) adequate measures have been taken to prevent or minimize harm to human beings and the environment, including ad- equate waste treatment facilities and environmentally sound processes. Require- 18. Notwithstanding section 16 of this Act, where an application is ments for for registration for storage and warehousing, the Board, before approving storage and issuance of the certificate of registration to which the application relates ware- shall consider the following: housing (a) the storage or warehouse facility is constructed with sufficient interior space, well ventilated and provided with adequate fire fighting equipment in accordance with the approved national, international or foreign standards; (b) availability of utilities needed in emergencies; (c) availability of trained personnel; (d) the storage or warehouse is not accessible by unauthorised person; I (e) the storage or warehouse is constructed and maintained in such a way that risks of human exposure and environmental contamination and poisoning are avoided; (f) the storage or warehouse is well marked with warning signs; and the chemicals shall be stored in their original containers. Registra- 19.-(I) After receiving an application in terms of section 15 of this tion Act, the Board - Procedures (a) shall conduct such investigation or inquiry as it considers necessary or desirable, including hearing evidence from the applicant, the public or any other competent person, and (b) may require further particulars from the applicant. (2) If the Board - (a) approves the registration of any importer, exporter, producer, transporter, or dealer of chemicals, the Registrar shall - No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 21 (i) enter in the register the prescribed particulars of the importer, exporter, producer, transporter or dealer of chemicals and any conditions prescribed under this Act; (ii) allocate a registration number to the importer, exporter, producer, transporter or dealer of chemicals; (iii) issue to the applicant a certificate of registration as prescribed by the Board showing the registration number of that importer, exporter, producer, transporter or dealer of chemicals and any conditions subject to which it is registered; (iv) cause to be published in the Gazette as soon as may be practicable after registration, the prescribed particulars of each importer, exporter, producer, transporter or dealer of chemicals, and subject to the direction of the Board may cause to be so published any amendment or deletion of particulars in the register; and (b) refuses to approve the registration of an importer, exporter, producer, transporter or dealer of chemicals according to the provisions of sub-section (5) of section 16, the Registrar shall thereupon inform the applicant in writing of such refusal and the reasons thereof. 20.-(I) The Board shall consider the application submitted in The accordance with sections 11, 16, 17 and I 8 of this Act, and if it is satisfied decision to after such inquiry, or investigation, as it deems fit, may approve or reject register, the application for the provisional clearance, or registration of the provisi- importer, exporter, producer, transporter or dealer of chemicals. onally or reject the application (2) Upon the approval for registration or provisional clearance, the Registrar shall issue a certificate and assign a registration number. (3) In making its decision under sub-section (1) of this section, the Board shall be guided, among other considerations, by whether all matters submitted with the application are true in all material particulars. 22 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Authoriza- 21.-(]) Notwithstanding the provisions of section 11 of this Act, the tion to import, Board may authorize the importation, exportation, production, dealing export, in and use of a chemical which has not been registered or provisionally transport, cleared if the chemical is to be applied solely for public consumption, produce, scientific and educational purposes. deal in and use of unregi- (2) Any person giving false information in an application, commits stered an offence. chemicals Duration 22.-(I) The registration of a chemical shall be valid for a period of of registra- five years and for a provisional clearance shall be two years. tion, and renewal (2) Upon the application of the person desiring to renew the of registration of a chemical, the Board may renew the registration for registra- further appropriate periods: tion Provided that, the Board is satisfied that the chemical remains safe and effective for use in Tanzania, and that payment of the appropriate fee shall be taken into account. (3) Provisional clearance may only be renewed once. (4) Any person desiring to renew his registration certificate from the Board may do so, and the Board may issue such a certificate: Provided that, the Board is satisfied that all the particulars for application have been complied with. (5) Where the Board refuses to renew the registration of a chemical or permit in accordance with sub-sections (2) or (3) of this section, the Registrar shall inform the applicant in writing of such refusal and the reasons thereof Cance- 23.-(I) The Board may cancel the registration or provisional clearance Ilation of of any chemical and shall give reasons for such cancellation provided regisftution that, in any such case the Board shall before proceeding, give an of a opportunity to that person concerned to show cause why the registration chemical should not be cancelled. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 23 (2) Without prejudice to the generality of sub-section (1) of this section, the Board may cancel the registration of a chemical if-- (a) the certificate was secured in violation of any of the provisions of this Act; (b) the chemical has been banned in accordance with the provisions of this Act; (c) the chemical had been registered subject to conditions and those conditions have not been observed; (d) the chemical has fallen into disuse; (e) the chemical has been banned by any International Convention or Treaty ratified by the United Republic. (3) Every cancellation under this section shall be published in the ' Gazette and amendments to the register of chemicals shall be effected forthwith. 24.-(I) The Board may cancel the certificate and shall give reasons Cancella- for such cancellation provided that, in any such case the Board shall, tion of registration before proceeding, give an opportunity to the person whose certificate of a applies to show cause why the registration should not be cancelled. certificate holder (2) Without prejudice to the generality of sub-section (1) of \ this section, the Board may cancel the registration of a certificate holder if - (a) the registration was secured in violation of any of the provisions of this Act; (b) the chemical for which the certificate holder was registered has been banned in accordance with provisions of this Act or fallen into disuse; (c) theregistrationhadbeendonesubjecttoconditionsandthose conditions have not been observed; (d) the certificate holder has notified the Board in writing of such withdrawal; and 24 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (e) the chemical has been banned by any International Convention or Treaty ratified by the United Republic. (3) Every cancellation under this section shall be published in the Gazette and amendments to the relevant register shall be effected forthwith. Variation 25.-(I) A certificate holder may apply for a variation of a certificate of a so long as the certificate holder does not contravene the provisions of certificate sections 11, 16, 17, 18 and 19 of this Act and any Regulations made thereunder; and may make such application if.-- (a) the certificate holder wants to change the list of chemicals under the permit held; or (b) the certificate holder wants to change the location or premises in which the business is dealt in. (2) Any person applying for variation of a certificate by giving false -1 information in an application, commits an offence. Mainte- 26.-(l) Any person, in order to maintain his registration, shall be nance of required to comply to the procedures prescribed by the Minister in the registra- tion and regulations. re- regisWation (2) If cancellation of registration takes place by voluntary withdrawal of the certificate holder and application for re- registration takes place before the initial registration period has expired, the Registrar may re- issue a certificate of re-registration or other certificate to the applicant, as the case may be after complying with the prescribed procedures. Registra- 27.-(I) No person shall produce chemicals or carry on business or tion of practice as a certificate holder except in premises registered by the Board premises and under this section for that purpose. facilities (2) The Registrar shall maintain and publish periodically a register of all registered premises. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 25 (3) The registration Of any Premises or facilities under this section shall cease to have effect upon the expiration of thirty days from the date of any change of the ownership of the business carried on-in them. (4) Every application for registration or renewal of registration of Premises shall be made to the Board in the Prescribed form as set out in the Fifth Schedule in respect of the registration of any set Of Premises. (5) Every information submitted under subsection (4) shall be confidential. (6) Any person who contravenes or fails to comply with this section, commits an offence under this Act. (7) The Board may, for good and sufficient reasons refuse to register, or may cause to be deleted from the register, any Premises which are or have become unsuitable for the Production Of chemicals, or for the lawful carrying out of chemical business. 28.-(I) The Registrar shall keep all records of chemicals, produced, Keeping of imported, exported, transported, sold, dealt in, stored or used in Mainland records Tanzania. of chemical (2) Every person who Produces, imports, exports, transports, ordeals hnnsacdons in chemicals in accordance with the Provisions of this Act, shall keep a record of all quantities and qualities of chemicals produced, imported, \ used, sold, distributed, stored, exported or transported. (3) The record kept in accordance with sub-section (2) of this section, shall contain the name and address of persons involved in such transactions and shall contain any other matters that may be prescribed or contained in the conditions Of registration of any chemical. (4) The record kept in accordance with sub-sections (2) and (3) of this section, shall be forwarded to the Registrar at the end of each calendar year in a format that may be prescribed by the Board from time to time. (5) All records shall be kept by the Registrar for at least five years. 26 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (6) Information submitted to the Registrar under sub-section (4) of this section shall be confidential. (b) Certificates Certificate 29.-(I) No person shall produce, import, export, store, transport or for deal in chemicals without a certificate and subject to such conditions as production, import, may be prescribed. expor~ transport, (2) The Board shall be the authority responsible for the grant, renewal, storage variation, suspension, cancellation, and revocation of certificate under and this Act. dealing in chemicals (3) Any application for a certificate under this Act shall be made to the Board in the prescribed form. (4) WhereanaPPlicationismadeföracertificateunderthispart,the Board shall, before issuance of the certificate to which the application relates, consider the following:- L. (a) in the case of an application for a producer's certificate whether conditions under sections 1 1, 16, 1 7, 1 8 and 1 9, of this Act and any regulations made under this Act are complied with; (b) in the case of an application for a certificate to import, export, transport, store, or deal in chemicals, whether conditions made under sections 11, 16 and 20 of this Act and any regulations made under this Act are complied with; and (c) the category of the chemical and the accompanying conditions. (5) Without any prejudice to sub-section (4) of this section, the Board may:- (a) if satisfied that it is in the public interest that a certificate to Produce, import, export, transport, store or deal in a chemical should be issued or renewed, the Board shall approve issuance of a certificate or renewal of a certificate or as the case may be to the applicant; the issuance of certificate shall be as prescribed in the Tenth Schedule to this Act; No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 27 (b) refuse to approve issuance of certificate, or renewal of a certificate, or may revoke, a certificate under this section, for any good and sufficient reason relating either to the applicant or certificate, or to the premises in which the business is, or is proposed to be carried on. (6) A separate certificate under this section shall be required in respect of each set, of premises in which the business is carried on. (7) All certificates shall be signed by the Registrar and the Chairman of the Board and the Registrar shall keep a register of all certificates issued under this Act. (8) Any person who produces, imports, exports, stores, transports, or deals in chemicals without a certificates issued by the Board and subject to such conditions as may be prescribed, commits an offence under this Act. (c) Restrictions: 30.-(I) Upon application for the registration of a chemical or where Restri- after registration, a chemical is: - ctions, banning and (a) proved to be dangerous to human life or environment; elimina- tion of (b) proved to be highly toxic, highly hazardous, persistent or chemicals biologically accumulative; (c) proved to cause poisoning effect to human and animals of which no effective antidote is available; (d) severely restricted by National, International Convention or Treaty; and (e) subjecttoactionaccordingtoanlntemationalConventionor Treaty ratified in the United Republic; the Board shall restrict, severely restrict, ban or phase out the use and handling of chemicals specified under the Eighth Schedule to this Act. 28 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (2) Notwithstanding the Provisions of sub-section (1), the Board may require a restricted, severely restricted or a banned chemical to be produced, sold, distributed, transported, stored or used subject to such conditions as the Board may deem necessary. Precursor 31. Notwithstanding the provisions of sections I 1, 16, 17, 18 and 19 chemicals of this Act, the Board may prescribe additional requirements with which any Precursor chemicals or component thereof as specified in the Seventh Schedule to this Act, the certificate holder shall be required to comply. Use of 32.-(I) No person shall use or shall be found in Possession of a restricted chemicals chemical, which has been registered under section 29 without a certificate issued by the Registrar. (2) An application for a certificate required under sub-section (1) of this section, shall be made to the Board stating how the applicant proposes to fulfill the conditions required while using the restricted chemical. (3) Every employer who requires an employee to use a restricted chemical shall Provide and require the employee to use such facilities and such employee may be required to use personal protective gears conducive to the safe handling of such chemical. (4) The registration under this category shall be valid for a period of one year. (5) Any person using a chemical in contravention of this section, commits an offence under this Act. Restriction 33.-(I) Notwithstanding the provisions of sections 1l, 16, 17, 18 on and 19 of this Act, the Board may prescribe additional requirements chemicals with which any chemical or component thereof which the certificate holder must comply with, including specifications of the composition, Purity or Other Properties and the conditions under which chemical shall be sold. (2) The Board may, by notice in writing, require any person who Produces, deals in any chemical or on whose direction any chemical is produced or dealt in to furnish it with information and Particulars which that person has in his possession. I No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 29 (3) Any person who sells a restricted chemical without a certificate, commits an offence under this Act. 34.-(l) Subject to any exemption conferred by the Board or under Resttiction this Act, no person shall sell by retail, offer or expose for sale by retail on the production, or supply any hazardous chemicals unless - hq)ortation exportation (a) the person is lawfully conducting a retail chemicals business; and dealing in or chemicals (b) the product is sold or supplied in premises which are registered; or (c) the person is a qualified, or, if the transaction is carried out on his behalf by another person, and that other person is, or acts under the supervision of a qualified person. (2) A retailer or user who holds more than a threshold quantity of a chemical appearing under the Third Schedule to this Act shall need to apply for certificate as specified under sections 16, 17, and 19 or by any other provisions of this Act. (3) Where the Minister on advice of the Board is satisfied that the use of any chemical is likely to cause adverse effects on human health and the environment, the Minister may by notice in the Gazette prohibit the production, importation, exportation and dealing in such chemical. (4) Where sub-section (2) of this section applies, no person shall sell or supply any chemical unless such sale or supply is made from premises capable of being closed so as to exclude the public. (5) Subject to the provisions of this section, no person shall sell by retail, or supply in circumstances corresponding to retail sale of a chemical of a description or a class specified by order made by the Minister and published in the Gazette except in accordance with the guidelines provided for under this Act. (6) Any person whether by himself or by any other person on his behalf, produces or deals in any chemical in contravention of sub-section (1) of this section or any notification issued under this section, commits offence. 30 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Prohibition 35.-(I) No person shall be allowed to produce, import or deal in on produ- ction, adulterated or counterfeit chemicals. dealing in counter- (2) For the purpose of this Act, a chemical shall be deemed to be feit or counterfeit or adulterated, if it is an imitation of, or is a substitute for adultera- ted another chemical or resembles another chemical likely to deceive, or chernicals bears upon its label or container the name of another chemical unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other chemical. (3) Subject to this section, no person shall produce, deal in or advertise any chemical produced in contravention of sub-section (1) of this section. (4) Any person who contravenes any of the provisions of sub-section (1) of this section, commits an offence under this Act. (d) Inspection Appoint- 36. The Minister on the advice of the Board shall appoint inspectors ment of inspectors from time to time, by notice published in the Gazette. Duties of 37. For the purpose of ensuring compliance with this Act, an inspector inspectors may:- (a) take samples of any chemicals or articles to which this Act relates and, as may be prescribed, submit such samples for test and analysis; (b) carry out periodic inspection of all establishments within the local limits of his jurisdiction in which production, importation, storage, dealing in chemicals as many times as he deems necessary, to determine whether the provisions of this Act are being carried out; and (c) make examinations and enquiries to discover whether this Act is complied with. Powers 38.-(l) An inspector may, in the performance of his duties pursuant Of inspectors to the provisions of this Act or any regulations made there-under, at all reasonable times without a warrant, on production of identity card - No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 31 (a) enter on any land, premises or conveyance where a chemical is or may be reasonably suspected to be produced, imported, exported, stored, dealt in to determine whether the provisions of this Act are being complied with; (b) may enquire, inspect, examine and make copy of certificates, registers, records and other documents relating to this Act; (c) seize any equipment, chemical or other articles which he believes that have been used in the contravention of the provisions of this Act or commission of an offence against this Act or regulations made thereunder; (d) cause a police officer to arrest any person who he believes has committed an offence, against this Act; and (e) access records kept in accordance with section 16(f) and section 29(2) upon request. (2) In exercising his powers under this section, an inspector shall suitably identify himself by declaring his office and upon production of identity card certified under subsection (1). (3) Any person obstructing an inspector commits an offence under this Act. 39.-(I) An inspector before or on taking samples of any chemical for Procedure analysis in accordance with section 36 of this Act, shall inform the person for taking samples apparently in charge of the chemical that the sample will be taken for analysis. (2) The inspector shall divide the samples into three parts to be marked, sealed and countersigned by the person apparently in charge and delivered as their nature will permit, as follows - (a) the sample to be delivered to the person apparently incharge of the chemical; 32 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (b) the sample to be delivered to the designated laboratory for analysis; and (c) the sample to be delivered to the Registrar. (3) Where the chemical packed in containers is likely to deteriorate or be damaged by exposure, the inspector may take three containers or packages and after suitably marking the same and sealing them, proceed as provided for in sub-section (2) of this section. Who may 40.-(I) An inspector may in writing request the designated laboratory request to analyse a sample taken in accordance with section 37(a) and sub- for sections (1) and (2) of section 38. analysis (2) Any person, upon fulfilment of the prescribed procedures set out by the Minister in the regulations, shall be entitled to request the analysis of such a chemical. (3) A court of law may order that a chemical be analysed in case of any matter before it. (4) Notwithstanding sub-section (2) of this section, any person who requests for analysis, other than those prescribed under this Act, shall bear the actual costs of the analysis. (5) The Board may request that any chemical be analysed for the purpose of implementing the provisions of this Act. Designat4 41.-(l) In addition to the designated laboratories, the Minister may reference by order published in the Gazette, appoint additional designated laborato- ries and laboratories and reference laboratories as he may deem fit for the certificate implementation of the provisions of this Act. of analysis (2) The designated laboratory or the reference laboratory shall issue a certificate of analysis stating the results of analysis of any substances submitted in accordance with this Act. (3) The certificate of the designated laboratory, or the reference laboratory as the case may be, shall state the method of analysis followed and a certificate shall be signed under the hand of the person in charge No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 33 of that designated or the reference laboratory or any person designated by him in writing or as the case may be. (4) A certificate complying with sub-sections (2) and (3) of this section, shall be sufficient evidence of the facts stated therein, whether produced by the defence or the prosecution unless either party wishes to require that the analyst appear as a witness. PART IV MANAGEMENT OF INDUSTRIAL AND CONSUMER CHEMICALS 42.-(I) Any person who produces, distributes, sells, Labelling transports, imports, exports, stores or deals in a chemical shall:- and safe handling (a) ensure the chemical is packaged according to recognized and approved national, international or foreign standards and the package shall bear a label as specified under sub-section (5) of section II of this Act; (b) take such steps and otherwise observe such precautions as are needed to prevent or minimize harm to human health or to the environment, and this includes avoiding use of hazardous chemicals for which less hazardous alternatives are available; (c) ensure through his own research or in another manner, that satisfactory investigation has been carried out to determine what health or environmental detriment the chemical may cause and the investigation shall be carried out in accordance with acknowledged scientific principles and proven experience; (d) have access to chemical and toxicological information that is needed in consideration of the scope of the activity and the properties of the chemical; (e) through labelling or in another manner, provide information of importance from the standpoint of human health or environmental protection or anything as it may deem necessary to provide; and 34 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (f) provide to the Board, all information on the chemical and its handling that may be needed to assess the hazards it presents to human health or to the environment. (2) Any person who distributes, sells, transports, imports, exports, stores or deals in a chemical, shall through a registration method which accords medical surveillance of workers as necessary:- (a) assess the health of workers in relation to hazards caused by exposure to chemicals; (b) diagnose work-related diseases and injuries caused by exposure to hazardous chemicals; (c) where the results of medical test or investigation reveal clinical or preclinical effects, take measures to prevent or reduce exposure of the workers concerned, and prevent further deterioration of their health; (d) use the results of medical examination to determine health status with respect to exposure on chemicals, and shall not use the result to discriminate against the worker; (e) record results from the medical surveillance of workers and shall keep them for a period of five years; (f) haveworkersaccesstotheirmedicalrecords,eitherpersonally or through their own physicians; (g) have the confidentiality of individual records respected in accordance with the generally accepted principles of medical ethics; (h) issue the results of medical examinations and clearly explained to the workers concerned through their physician or medical practitioner; (i) ensure that, workers and their representatives have access to the results of studies prepared from medical records where individual workers cannot be identified; and No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 35 0) avail the results of medical records to enable preparation of appropriate health statistics and epidemiological studies, provided anonymity is maintained, where this may aid in the recognition and control of occupational diseases. (3) Every employer who requires or permits an employee to use a chemical, shall provide and require the employee to use such facilities and personal protective gears conducive to the safe handling of such chemical. (4) Any person who purposely or knowingly abandons chemicals or handles chemicals contrary to the provisions of this Act, commits an offence. (5) Any person who handles chemicals contrary to the manner prescribed in this section, commits an offence. 43.-(I) No person shall be allowed to import chemical wastes in the Chemicals country. and 14 chemical wastes (2) The Board shall, on the basis of scientific research, assess levels of chemical wastes in the social and economic activities and shall prescribe safety measures for exportation, production, storage, dealing in and disposal of such wastes. (3) Every person handling chemical wastes shall have sufficient knowledge to handle such wastes, (4) Any person handling a chemical shall:- (a) take such steps and precautions to ensure that accumulation of chemical wastes is avoided; (b) be responsible for:- (i) keeping records on chemical and their wastes; (ii) inform the Registrar on regular basis on the accumulation of chemical wastes; and 36 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (iii) safe and environmentally sound disposition of any chemical wastes generated. (5) The Registar shall make sure that a waste incinerator is in place and if there is none in place he must ensure that his institution is collaborating with other relevant institutions to develop risk reduction measures in order to reduce ecological and human health risks. (6) Unless otherwise directed by the Board, specially trained personnel shall handle waste chemicals for temporary storage or for final disposal. (7) The Board may set up economic instruments to manage chemicals and chemical wastes for the purpose of preventing and mitigating environmental degradation. (8) No person shall dispose of any chemical, chemical wastes, chemical containers without obtaining a certificate from the Board issued after consultation with the National Environment Management Council or any other competent authority or institution as the Board may deem .. fit. (9) Any person who imports or handles highly hazardous chemicals set out in the Sixth Schedule to this Act, shall seek authorization from the Board. (I 0) The final disposal of any hazardous chemical wastes may only be executed by personnel having a certificate issued by the Board. (I 1) No person shall be allowed to unload and repackage transit chemicals or chemical wastes in the country. (12) Any person who contravenes the provisions of this section, commits . offence under this Act. Disposa! 44.-(I) Any person involved in the disposal of chemical waste shall ., apply to the Board for a certificate, and such application shall be in chemical wastes writing and shall contain information on - (a) the nature and quantity of the chemical wastes the applicant intends to treat and dispose of, No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 37 (b) the source and nature of the waste; (c) where and in what manner the chemical wastes is to be treated and disposed of, (d) scientific knowledge that the methodology will not result in adverse effects to health and environment; and (e) any other conditions of importance for evaluating the nature and scope of the activity. (2) Notwithstanding sub-section (1) of this section, any firm may in its own plant, finally dispose of chemical wastes that are not generated from the plant, if a certificate for the plant has been issued pursuant to this Act, and if the company utilizes only a small portion of the plant for the treatment. (3) The treatment referred to in sub-section (2) of this section, shall not commence unless the firm has submitted a notification to the Registrar fourteen days in advance. (4) The Board shall send a copy of a notification received under sub- section (3) to the National Environment Management Council, local authority and other authorities or institutions engaged in environmental health protection. (5) Any person who contravenes this section, commits an offence under this Act. 45-41) The certificate holder shall - Prwention and (a) take such steps and otherwise observe such precautions as manage- are needed to prevent accidents and therefore harm to human ment of accidents health and environment and such steps shall include: - (i) monitoring of safety, through adequate maintenance of operations and inspections; (ii) choice of adequate route avoiding obstacles, peak hours and densely populated areas and hence have a suitable carriage; 38 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (iii) avoiding over loading of chemicals; (iv) taking precautions consummerate to properties of the chemical; (b) prepare contingency plans and procedures for managing accidents which shall be presented to the Board for approval; (c) in the case of an accident, immediately put into effect the approved contingency plan; (d) in the case of a spill, immediately respond, including notifying the circumstances of the spill and any action taken or proposed to be taken in relation to the spill to the public, the Registrar, the Board and any other relevant authorities; and (e) document and report every accident or spill to the Board and other relevant authorities and the public, with details as may be prescribed by the Board from time to time. (2) A certificate holder who holds highly hazardous chemicals shall perform a Risk Assessment and Risk Management Program and submit a summary of the Program to the Board, in a type and format that shall be prescribed by the Board from time to time. (3) If a certificate holder fails to notify the public, the Registrar, the Board and any other authorities or fails to put into effect the approved contingency plans beyond eight hours, after the accident this shall be deemed to be a continuing offence. (4) Any certificate holder who causes an accident or spill shall forthwith do everything Practicable to Prevent, eliminate, restore and ameliorate the adverse effects of the accident or spill. (5) Any person or local authority who is informed of a spill and of any contaminated site shall notify the Registrar. (6) A certificate holder who contravenes the provisions of this section, commits an offence under this Act. Manage- 46.-(I) The certificate holder shall - ment of spills and contami- nated sites No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 39 (a) take all necessary steps to prevent pillages and contamination of the environment; (b) prepare contingency plans and procedures for managing spills and contaminated sites, which shall be presented to the Board for approval; (c) in the case of an accident, immediately respond, including notifying the circumstances of the accident and any action taken or proposed to be taken in relation to the accident to the public, the Registrar and any other relevant authorities; (d) in the case of a spill, immediately notify the public, the Board and other relevant authorities for further action, and put into effect the approved contigency plan; and (e) document and report every incident of spills or accidents to the Board, and other authorities, the report shall include details on the cause of the spill or accident management and the proposed mitigation measures to be undertaken. (2) The Board may prescribe measures which may include but not restricted to taking prevention, elimination and amelioration of adverse effects on, restoring and preventing the environment from any harm and reducing ecological and human health from various risks. (3) The Board may direct inspection to be undertaken following complaints from the public. (4) The Board shall prescribe the procedures for clean-up and removal operations in the event of a spill. (5) The Board shall prescribe the method of storage and disposal of any pollutant of any object, plant, animal, or any part of the environment removed in a clean-up or removal operation or otherwise affected by a pollutant. (6) Any person affected in a way by a spill shall have a right to damages or compensation from the chemical dealer. 40 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (7) The certificate holder shall be liable for the expenses incurred during clean up operations and any damages caused by a spill, accident or contaminated site. (8) The pollutant shall be in the custody or employment of the certificate holder who causes spill. (9) The Board may recover from the certificate holder who causes a spill, accident or a site to be contaminated all costs and expenses incurred as a result of. - (a) any clean-up or removal operation; (b) any measure taken to prevent, eliminate and ameliorate the adverse effects of a spill on the environment; and (c) any measure taken to dispose of, to deal with the spill and contaminated site. (I 0) Monitoring of the environment, public health or any other factor as it may deem fit. ~, (1 1) If a certificate holder fails to notify the public, the Board and other authorities or fails to put into effect the approved contingency plans beyond eight hours after the spill or accident, this offence shall be deemed to be a continuing offence. (12) Any person who knowingly fails to inform the Registrar or any other relevant authority or any certificate holder who contravenes the provisions of this section, commits an offence. Demmi- 47.-(I) When a certificate holder decommissions a plant, the ssioning certificate holder shall take such steps and otherwise observe such of plants precautions as are needed to ensure that harm to human health and the environment is prevented and such steps and precautions shall include:- (a) an Environmental Impact Assessment and ensure that all remaining stocks of chemicals are disposed of soundly as well as the equipment; and (b) that the holder 'make good' the plant site. (2) Any person who contravenes the provisions of sub-section (1) of this section, commits an offence under this Act. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 PART V FINANCIAL PROVISIONS 48.-(1) Without prejudice to the generality of Part V, the Government Funds and Chemist Laboratory Agency shall establish an account into which all resources moneys received shall be paid and out of which all payments required of the for chemical management and control shall be made. Govern- (2) The account shall be administered by the Registrar. ment Chemist (3) The moneys shall be applied for the furtherance of the objectives Laboratory Agency of this Act, including public awareness on the safe handling of chemicals, and any other activities of the Agency. (4) The funds of the Government Chemist Laboratory Agency shall Act No. be as prescribed under section 12 of the Executive Agencies Act, 1997. 30 of 1997 (5) The financial year of the Agency shall start in July of each year. (6) The accounting officer of the funds and resources of the Agency shall be the Registrar. 49. -(I) The accounts of the Agency shall be prepared in accordance Accounts with the approved accounting standards provided for under section 14 and audits of the Executive Agencies Act, 1997. Act No. 30 of (2) As soon as the accounts of the Agency have been audited and in 1997 any case not later than four months after the close of the financial year, the Agency shall submit to the Minister a copy of the audited statements of accounts together with a copy of the report, made by the Auditor on the statement of accounts. (3) The Registrar shall not later than three months before the end of each financial year, prepare and submit to the Board for its approval estimates of income and expenditure of the Agency for the next ensuing year. (4) Subject to any other direction of the Agency, no expenditure shall be made out of funds of the Agency unless the expenditure is part of the expenditure approved by the Agency under the estimates for the financial year in which that expenditure is to be made. I 42 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (5) The Agency may, where it deems fit, invest any sum of money which is not required for immediate use. Annual 50-41) Within two months after the end of each financial year, the reports Registrar shall prepare and submit to the Minister an annual report in and performa- accordance with section 15 of the Executive Agencies Act, 1997. nce agreements Act No. PART VI 30 of MISCELLANEOUS PROVISIONS 1997 Notifica- 51.-(I) Any person on whose premises or land, injury or death of a tion of human being or animal has occurred as a result of exposure to, use or death and injury handling of chemicals, shall send a notice forthwith of such death or personal injury to the Registrar or to a local Authority of that particular area. (2) Any registered medical practitioner or physician who has reason to believe upon examination of a person that such a person had died or suffered personal injury as a result of exposure to chemicals, shall notify the Registrar forthwith. , (3) Any medical practitioner, physician, public health officer, environmental or natural resources expert who has reason to believe that, certain ailments and death of human beings, animals or destruction to any vegetation or environment occurring in any area under his charge may be linked to exposure to any chemicals being handled or used in the area, shall notify the Registrar forthwith. (4) Any veterinary or livestock officer who has reason to believe that, certain ailments and deaths of animals occurring in the area under his charge may be linked to exposure to any chemicals, shall notify the Registrar forthwith. Inquiry 52.-(l) The Registrar may upon receiving a notification under see- or tion 51 of this Act, cause an inquest to be carried out in accordance with investiga- tion Act the Provisions of the Inquest Act, 1980. No. 17 of 1980 (2) The person or persons holding an inquest under this section, shall within six months report to the Registrar their findings and recommendations. No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 43 (3) The Registrar shall report to the Board on the findings and recommendations of the inquest and the measures to be taken. (4) Any person obstructing a duly authorized officer to conduct an inquest under this section, commits an offence. 53.-(I) Where an offence against this Act is committed by a body Liability corporate, every director or officer of the body corporate who had ofbody corporate, knowledge or should have had knowledge of the commission of the partner- offence shall be guilty of the offence. ships, agents, (2) Where an offence is committed against this Act by a partnership, principles and every partner or officer of the partnership who had knowledge or should employers have had knowledge of the commission of the offence shall be guilty of the offence. (3) Any person shall be personally liable for any offence against this Act, whether committed by him on his own account or as an agent or servant of the person. 54. Any member of the Committee, the Registrar or any other person Liability empowerd to perform any function under this Act, shall not be liable for of anything if done in good faith in execution or purported execution of his committee function under this Act. members and employees 55.-(l) The Court before which a person is prosecuted for an offence Forfeiture, against this Act or the regulations made thereunder shall order that the cancella- substance, equipment and appliances used in the commission of the tion and other offence be forfeited to the Government or be disposed of as the court orders may direct. (2) In making an order for disposal under sub-section (1) of this section, the court shall order that the costs of disposing of the substances, equipment and appliance as provided for in sub-section (1) of this section be borne by the accused. (3) The court may further order that the registration or provisional clearance of chemical, or a certificate issued under this Act be cancelled. . 44 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 56. Any person who is aggrieved by any decision of the Board, may within thirty days following such decision, appeal in writing to the Minister. Exernp- 57.-(I) The Board may exempt certain chemicals imported and tions for distributed in Tanzania by the Government from payment of fees. govern- ment (2) The Board may exempt from payment of fees required to be paid activities under this Act on any chemicals donated, imported and distributed by international aid agencies and programs. General 58. Any person who commits an offence against the provisions of penalty this Act or regulations made thereunder and for which no specific penalty is specifically provided shall be liable on first conviction to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than six months or to both. Offences 59.-(l) Any person who, by himself, his servant or agent, either and directly or indirectly - penalties (a) gives false information in an application for registration of a chemical, provisional clearance or certificate contrary to sections 11, 15, 16, 17, 18, 19, 20, 27 of this Act; or (b) fails to register a chemical contrary to section 12 , or (c) uses a restricted chemicals contrary to section 32 , or (d) produces or deals in chemicals without a certificate contrary to sub-section (7) of section 29; or (e) produces or deals in chemicals in un-registered premises contrary to section 27; or (f) produces or deals in prohibited chemicals contrary to subsection (3) of section 32 and of section 33; or (g) produces or deals in adulterated or counterfeit chemicals contrary to section 35; or I No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 45 (h) obstructs an inspector or dully authorized officer contrary to subsection (3) of section 38 and subsection (4) of section 52; or (i) handles chemicals unsafely contrary to section 42; or 0) fails to manage chemical wastes contrary to subsection (3) of section 43; or (k) causes accidents or fails to manage accidents involving chemicals contrary to subsection (4) of section 45; or (1) fails to manage chemical spills or contaminated sites contrary to subsection (4) of section 46; or (in) fails to decommission chemical plants contrary to subsection (1) of section 47, commits an offence under this Act. (2) Any person who commits an offence under this Act:- (a) in case of a body corporate shall be liable to a fine of not less than five million shillings and not more than fifty million shillings; (b) in case of a natural person, to a fine of not less than fifty thousand shillings and not more than five million shillings or to a term of imprisonment of two years or to both such fine and imprisonment. 60. Any person who, for any second and subsequent offence Second committed against this Act or any regulations made under this Act shall and be - subseWent offence and (a) in case of a natural person, be punished to a fine of not less penalties than twice the amount of the fine prescribed for the first offence or by a term of imprisonment of not less than twice the length for the first offence or both; and (b) for a body corporate be punished to a fine of not less than twice the amount of the fine prescribed for the first offence 46 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 under subsection (2) of section 59 of this Act, and the court may in addition order, the withdrawal of any certificate of registration, provisional clearance certificate or any other right held by the offender under this Act. Losses 61.-(l) Any person who, fails to comply or acts contrary to the and provisions of this Act, or causes an inspector or a duly authorized officer expenses to incur an expense that would not otherwise have been incurred, shall pay to the Registrar or any respective authority full amount of that expense reasonably incurred. (2) For the avoidance of doubt, it is hereby declared that - (a) any removal, treatment, reshipment, or destruction of chemicals to which this Act applies, shall be carried out at the expense of the owner, importer, occupier or any person in-charge of the chemicals concerned, as the case may be; and (b) the Registrar shall not be liable for any costs or losses resulting directly or indirectly from actions taken under this Act. I Power to 62.-(I) The Minister may in recommendation of the Board, make make regulations for the effective carrying out of the objectives and purpose regWations of this Act. (2) In particular and without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following matters, namely - (a) the form, manner and procedures in which an application for registration of chemicals, exportation or importation or renewal of registration or certificates shall be made; (b) the procedure and the manner in which the applications shall be made; (c) the forms and manner of the labelling including the use of suitable pictograms, and warning signs; , ... No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 47 (d) the requirements of chemical containers; (e) the certification to import, produce, export, store, transport, deal in chemicals and the form and condition attached to such certificate; (f) the manner and procedure of advertising chemicals; (g) the sound environmentally manner and procedure of disposal of chemicals, and chemical wastes and their containers as the case may be; (h) the qualifications and duties of inspectors, and analysts and the form of the certificate of the analysis; (i) the appointment of inspectors, designated and reference laboratories; 0) the records to be kept and the form in which they will be kept; and (k) the management and control procedures for chemicals that are in conformity with International Conventions and Treaties or Agreements; (1) the prevention and management of accidents; and ' (m) any other matter which may be required for effective carrying into effect or implementation of this Act. 63.-(I) The powers of the Minister under this Act shall be- Powers of the Minister (a) to declare by order in the Gazette, any chemicals which shall be subject to the provisions of this Act and the regulations; and (b) to declare by order in the Gazette, a list of substances which shall be treated as chemicals for the purpose of this Act. 48 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 (2) Notwithstanding the provisions of subsection (1), the Minister may by Order published in the Gazette amend, vary, add or replace any Schedule made under this Act. FIRST SCHEDULE (Made under section 4) APPOINTMENTS, COMPOSITION AND PROCEDURES OF THE TECHNICAL COMMITTEE I . The Technical Committee shall consist of - (a) A Chairman - who shall be appointed by the Minister; (b) The Chief Medical Officer; (c) The Director of Division of Environment Vice - Presidents Office; (d) The Director of Industries; (e) The Executive Director of the Occupational Safety and Health Agency; (f) The Head - Chemical and Process Engineering Department, University of Dar es Salaam; (g) Alegallyqualified12ersonholdingofficeintheAttorney-General'sChambers nominated on that behalf by the Attorney - General; (h) The Commissioner for Customs and Excise; (i) AnappointeeoftheMinister,anexpertincheinicalsmanagernentandcontroI matters who shall be from the private sector; 0) The Registrar of Pesticides; and (k) Director General - Tanzania Food and Drugs Authority. 2. The Chief Government Chemist, who shall be the Registrar and a Secretary to the Committee. 3. The Chairman shall be a person of good standing, credibility and integrity, who has outstanding experience in chemicals management. 4. The members shall select one member amongst them to be Vice Chairman of the Committee and shall meet at least four times a year and at such places as the Chairman may appoint. 5. If a member of the Committee who is a member by virtue of his holding some other office is unable for any reason to attend any meeting of the Committee, he may nominate another person from his organization to attend the meeting in his place. 6. (1) Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint another person in his place and the person so appointed shall hold office for the remainder of the term of No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 49 office of his predecessor. (2) The tenure of the Committee shall be three years subject to their appointment. 7. The quorum at any meeting of the Committee shall be two third of the members in office, 8. Matters proposed at a meeting of the Committee shall be decided by a majority of the votes of the members present and voting and in the event of an equality of votes the Person presiding shall I have a second or casting vote in addition to his original or deliberated vote. 9. The Committee shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Committee shall be read and confirmed, or amended, at the next meeting of the Committee and signed by the person presiding at the meeting. 10. The validity of any Act or proceedings of a properly constituted Cornmittee meeting shall not be affected by the absence of any member or by the defect subsequently raised by the absent member. I I - All orders, directions, notices apart from those signed by (or in direction of) the Minister or other documents made or issued on behalf of the Committee shall be signed by the Registrar. 12. The Board shall, on advice of the Registrar set allowances. SECOND SCHEDULE (Made under section 11) APPLICATION FORM FOR REGISTRATION OF CHEMICALS Separate form is required for each chemical I - Particulars of the applicant: 1. 1. Name: 1.2. Address: 1.3. Telephone: 1.4. Fax: 50 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 1.5. E-mail: 1.6. Certificate ID: 2. Chemical Characteristics: 2.1. Chemical Identity: 2.2. CAS No: 2.3. Number of Ingredients: 2.4. Ingredients: (put ingredient sequence No, per cent by mass) in brackets after the ingredient 2.5. NIOSH (RTECS) Number: 2.6. OSHA PEL: 2.7. ACGIH TLV 2.8. ACGH PPM 2.9. Other Recommended Limit 3. Physical Characteristics: 'Comment- 3.1 Boiling Point: 3.2 Melting Point: 3.3 Vapour Pressure (25IC) 3.4 Solubility 3.5 Corrosion Hazard: 3.6 Others: 4. Health Hazards: 4. 1. LD50: 4.2. LC50: 4.3. Route of Entry: 4.4. Acute Health Hazards: 4.5. Carcinogenicity - NTP- 4.6. Carcinogenicity - IARC: 4.7. Carcinogenicity - OSHA- 4.8. Explanation of Carcinogenecity: 4.9. Sign/Symptoms of Exposure: 4.1 0. Medical Condition Aggravated By Exposure- 4,1 1. Emergency/First Aid No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 51 Procedure: l~ - Chemical Reactivity: 5.1 Condition to Avoid (Stability): 5.2 Materials to Avoid: 5.3 Hazardous decomposition Products* 5.4 Hazardous Poly Occurrence: 5.5 Conditions to Avoid (Poly): 6. Safe Handling: 6.1 Steps if material released/spilled 6.2 Neutralizing agent: 6.3 Procedure for Handling/storing: 6.4 Other Precautions: 7. Waste Disposal: 7.1 Waste Disposal Methods: 7.2 Waste Disposal Procedures: 8. Fire Explosion Hazards: 8.1 Flash Point: 8.2 Flash Point Method* 8.3 Upper Explosive Limit 8.4 Extinguishing Media 8.5 Special Fire Fighting Procedures 8.6 Unusual Fire and Explosion Hazards 9. Labelling Information: 9.1 Label Required (tick) (Yes) (No) I 52 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 9.2 Technical Review Date 9.3 Label Date 9.4 Label Status 9.5 Common Name 9.6 Signal Word 9.7 Acute Health Hazard 9.8 Contact Hazard 9.9 Fire Hazard 9. 1 0 Reactivity Hazard 9.11 Special Hazard Precautions 9.12 Protect Eye Yes No 9.13 Protect Skin Yes No 9.14 Protect Respiratory Yes No Abbreviations ACGH: American Conference of Government Industrial Hygienists. CAS NO: Chernical Abstract Service IARC: International Agency for Research on Cancer. NIOSH: National Institute for Occupational Safety and Health. NTP: National Toxicology Programme OSHA: Occupational Safety and Health Administration. PEL: Permissible Exposure Levels. RTECS: Registry of Toxic Effects of Chemicals. TLV: Threshold Low Value. Signature Date Official stamp THIRD SCHEDULE (Made under section 11) LIST OF CHEMICAL REQUIRING REGISTRATION GrOUP Category Number Subgroup Number and Chemical Code (Number) will be assigned later when the Chemical Register becomes operational No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 53 Content Group Category Number xxx Ethanol xxx Certain minera products xxx Inorganic chemica s xxx Organic chemicals xxx Dyes, paints etc xxx Cleaning chemicals, products, lubricating preparations and waxes. xxx Photographic chemicals xxx Plastic chemicals. xxx Natural and synthetic rubbers xxx Powder and tlakes ot ead xxx Miscellaneous chemica products Group Category xxx: Ethanol Subgroup No. Chemical Code Description of goods Ethyl alcohol or neutral spirits, undenatured, of strength of 80' proof or higher; denatured spirits (including ethyl alcohol and neutral spirits) of any strength: For use exclusively in chemical transformation other alcohols Group Category xxx: Sulphur, asbestos, talc, borates and boric\acid Subgroup No. Chemical Code Description of goods Sulphur of all kinds, other than sublimed sulphur, Precipitated sulphur and colloidal sulphur Asbestos Ground tale Crude natural borates and concentrates there of (calcined or not), but not including borates separated from natural brine; crude natural boric acid containing not more than 85% of 1-1,130, calculated on the dry weight 54 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Group Category xxx: mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes Subgroup No. Chemical Code Description of goods Oils and other products of the distillation of high temperature coal tar: I Benzene (benzol) Toluene (toluol) Xylene (xylol) Other benzenoid oils Creosote oils Other Products from bituminous minerals Light petroleum spirit (for the production of town gas) Natural gas spirit (for the manufacture of petrochemical products) White spirit Other light oils, including spirit for technical purposes and preparations based on light oils Lubricating greases Gases and other gaseous hydro carbons Propane and butane Other Group Category XXX: Inorganic chemicals Subgroup No. Chemical Code Description of goods Chemical elements Halogens (fluorine chlorine, bromine and iodine) Chlorine Fluorine, bromine, and iodine Sulphur, sublimed or precipitated; collodial sulphur Carbon (including carbons black): For use in the rubber goods industry: - Activated - Semi-activated - Other Hydrogen, , rare gases, and other non-metals: Hydrogen Rare gases: - Argon No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 55 Subgroup No. Chemical Code Description of goods - Other Oxygen Nitrogen Phosphorus: White Red Silicon Selenium Arsenic Boron and tellurium Alkali ad alkaline-earth metals; rare earth metals, and Scandium and intennixtures or interalloys thereof-, mercury:- Mercury Other Inorganic acids and oxygen compounds of non-metals Hydrochloric acid and chlorosulphuric acid: - Hydrochloric acid - Chlorosulphuric acid Sulphuric acid; olcurn: - Sulphuric acid - Oleum Nitric acid; sulphonitric acids: - Nitric acid - SulphonJtric acids Phosphorus pentoxide and phosphoric acids (meta-ortho-and pyro-): Phosphorus pentoxide; meta- and pyrophosphoric acids Orthophosphoric acid Boric oxide and boric acid (excluding water): Hydrofluoric acid, whether or not in aqueous solution Sulphur dioxide and trioxide Carbon dioxide Perchloric acid Nitrogen oxid other 56 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Halogen and sulphur compounds ofnon-metals Halides, oxyhalides and other halogen compounds of non-metals: Sulphur chlorides and oxychlorides Phosphorus chlorides and phosphoryl chloride Other Sulphides of metals; phosphorus trisulphide: Carbon disulphide Other Inorganic bases and metallic oxides, hydroxides andperoxides Ammonia, anhydrous or in aqueous solution: - Liquefied under pressure - Other Sodium hydroxide (caustic soda): potassium hydroxide (caustic potash): peroxide of sodium or potassium: Sodium hydroxide: - in solid form - other Potassium hydroxide: - in solid form - other Peroxides of sodium or potassium Hydroxide and peroxide of magnesium; oxides, Hydroxides and peroxides, of strontium or barium Zinc oxide and zinc peroxide: Zinc oxide (zinc white) Zinc peroxide Aluminium oxide and hydroxides; artificial corundum: Aluminium pxide Aluminium hydroxide Artificial corundum Chromium oxides and hydroxides: - Chromium trioxide - Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 57 Subgroup No. Chemical Code Description of goods Iron oxides and hydroxides; earth colours containing 70% or more by weight of combined iron evaluated as Fc2O, Cobalt oxides and hydroxides; commercial cobalt oxides Titanium oxides Lead oxides; red lead and orange lead: Red lead and orange lead Lead oxide (massicot or litharge) Other Hydrazine, hydroxylamine, and their inorganic Salts; other inorganic bases and metallic oxides, Hydroxides and peroxides: Copper oxides and hydroxides Mercury oxides Hydrazine and its inorganic salts Hydroxylamine and its inorganic salts Tungsten compounds Vanadium compounds Molybdenum compounds Other Metallic salts andperoxysalt, ofinorganic acids Fluorides; fluorosilicates, fluoroborates and other complex fluorine saltN Fluorides Sodium fluoraluminate (synthetic cryolite) Fluorosilicates Fluoroborates and other complex fluorine salts Chlorides, oxychlorides and hydroxychlorides; Bromides and oxybromides; iodides and oxyiodides: I Ammonium chloride (sal ammoniiac) calsium chloride zinc chloride Barium chloride Magnesium chloride Iron chlorides other 58 No.3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Hypochlorites; commercial calcium hypochlorite; Chlorites; hypobromites: Chlorites Calcium hypochlorite and chloride of lime Sodium hypochlorite Other hypochlorite Hypobromites Chlorates and perchlorates, bromates and perbromates; iodates and periodates: Sodium chlorate Potassium chlorate Other chlorates Other chlorates Perchlorates Bromates and perbromates; iodates and periodates Sulphides; polysulphides: Sodium sulphides Zinc sulphide Other Dithionites, including those stabilized with organic substances; sulphoxylates: Sodium formaldehyde sulphoxylate Other Sulphites and thiosulphates: Sodium sulphites Other Sulphates (including alums) and persulpbates: Sodium sulphated (Glauber's salt) Sodium hydrogen sulphated and sodium pyrosulphate Barium sulphate Aluminium sulphate Chromium sulphate Manganese sulphate Nickel sulphate No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 59 Subgroup No. Chemical Code Description of goods Cupric sulphate Magnesium sulphate Zinc sulphate Ferrous sulphate Potassium/aluminium sulphate (ordinary alum or potassium alum) Other Nitrites and nitrates: Sodium nitrate Potassium nitrate Sodium nitrite Other Phosphites, hypophosphites and phosphates: Sodium polyphosphates (including metaphosphates and pyrophosphates) Potassium and calcium polyphosphates (including metaphosphates and pyrophosphates) other polyphosphates (including metaphosphates and pyrophosphates) Sodium orthophosphates; Potassium orthophosphates calcium orthophosphates - Dicalcium orthbphosphat Carbonate containing ammonium carbonate: Ammonium carbonate, including that containing ammonium carbonate (hartshorn salt, etc.) Sodium acid carbonate (sodium bicarbonate) Sodium sesquicarbonate Potassium carbonate (potash) Calcium carbonate Barium carbonate Magnesium carbonate 60 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Lead carbonate Sodium peroxycarbonate (sodium percarbonate) Other Cyanides and complex cyanides: Sodium-Potassium cyanide Other Fulminates, cyanates and thiocyanates Silicates; commercial sodium and potassium silicates: Sodium or potassium silicates: Sodium metasilicate Other - in solid form Other Borates and perborates: Sodium tetraborate (borax) Other borates Sodium perborate Other perborates Salts of metallic acids (for example, chromates, Permanganates, standards): Zinc chromates Lead chromates Sodium and potassium chromates and bichromates Other salts and peroxysalts of inorganic acids, but not including azides Miscellaneous Colloidal precious metals; amalgams of precious metals; salts and other compounds, inorganic or organic, Of Precious metals, including albuminates, proteinates, tannates and similar compounds, whether or not chemically defined: Silver nitrate Other Compounds, inorganic or organic, of thorium, of uranium depleted in 0 235, of rare earth No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 61 Subgroup No. Chemical Code Description of goods metals or of scandium, whether or not mixed together: Uranium compounds Other Hydrogen peroxide (including solid hydrogen peroxide) Phosphides, whether or not chemically defined Carbides, whether or not chemically defined: Silicon carbide (''Carborundum'') Calcium carbide Tungsten carbide Titanium carbide and tantalum carbide Other Hydrides, nitrides, azides, silicides and borides, whether or not chemically defined Other inorganic compounds (excluding water); Amalgams, other than amalgams of precious metals Group Category XXX: Organic chemicals' Subgroup No. Chemical Code Description of goods Hydrocarbons and their halogenated, sulphonated, nitrated or nitrosates derivatives Hydrocarbons: Acyclic: - Ethylene - Propylene - Butylenes, butadienes and methylbutadienes - Acetylene - Butane Nonylene and I -dodecene Other Other: - Cyclohexane - Benzene (benzol) - Toluene (toluol) 62 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods - Xylene (xylol) - Styrene (styrol) - Ethylbenzene - Dodecy lbenzene (dodecylbenzol) (c) - Cymene (cymol), naphthalene (naphthalin), tetra-naphthalene (tetralin), decahydronaphthalene (decalin), anthracene and phenanthrene - Other (a) The esters of acid-function organic compounds falling within sub-chapters I to V11 with organic compounds of these sub-chapters are to be classified with that compound which is classified in the heading placed last in the sub-chapters. (b) Esters of ethyl alcohol or glycerol with acid-function organic compounds of sub- chapters I to V11 are to be classified with the corresponding acid-function compounds. (c) The salts of the esters referred to in paragraph (a) or (b) above with inorganic bases are to be classified with the corresponding esters. I (d) The salts of other acid-or phenol-function organic compounds falling within sub- chapters I to V11 with inorganic bases are to be classified with the corresponding acid- or phenol- function organic compounds. (e) Halides of carboxylic acids are to be classified with the corresponding acids. Subgroup No. Chernical Code Description of goods Halogenated derivatives of hydrocarbons: Acyclic: - Trichloroethylene - Tetrachloroethylene (perchloroethylene) - Vinyl chloride (monochloroethylene) - Satuarated Chlorofluorohydrocarbons: - Chlorodifluoromethane and dichlorodi fluoromethane. - Other - Monochlorohydrocarbons, other than vinyl chloride No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 63 Subgroup No. Chemical Code Description of goods - Dichloromethane (methylchloride) - Trichoromethane - Other - Other: - Dichlorobenzene, hexachlorocyclohexane, trichorodi (chlorophenyl) ethane (DDT) and similarchlorocarbons used as insecticides - Other - Sulphonatd, nitrated or nitrosated derivatives of hydrocarbons: - Sulphonated derivatives - Nitrotoluine - Other Alcohols and their halogenated, sulphonated, nitrated or nitrosatede derivatives. Acyclic alcohol and their halogenated, sulphonated, nitrated or nitrosated derivertives:' Monohydric alcohol: - Methyl alcohol (Methanol) - Propyl alcohol (Propanol) -, - For use exlusively in the preparation of sodium or potassium xanthate - Other - Butly alcohol (butanol) - N-Butyl alcohol - Other - Amly alcohol (pentanols): - For use exlusively in the preparation of sodium or potassium xanthate 64 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Other - Octyl alcohols (octanols) - Monohydrie alcohol at least I 0 carbon atoms - Other Polyhydric alcohols: - Ethylene glycohol - Propylene glycol - Hexylene glycohol - Pentaerythritol - Trymethylpropane - Other Other: - cyclic alcohol and their halogenated, sulphonated, nitrated or nitrosated derivatives: - Methanol - Cyclohexanol, methylcyclobexanol and dimethylcyclohexanol - Other Phenols, Phenols-alcohols, and their halogenated sulphonated, nitrated or nitrosated derivatives. Phenols, Phenol s-al cohol s: - Phenols and its salts - Cresols and their salts - Rrsorcinol (resorcin) hydroquinone and pyrogallol (pyrogallolic acid), and their salts. - Butylphenols, amylphenols, xylenols and naphthols, and their salts, - Other Halogenated, sulphonated, nitrated or nitrosated derivertives of phenols or phenol -alcohols: - Haloganated derivatives - Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 65 Subgroup No. Chemical Code Description of goods Ethers, alcohol peroxides, ether peroxides, epoxide with a three orfour member ring, acetals and hemiacetals, and their halogenated sulphonatd, nitrated or nitrosated derivatives. Ethers, ethers-alcohols, etherphenols, ether alcohol- phenols, alcohol peroxide and ether peroxides, and their halogenated, sulphonated, nitrated or nitrosated derivatives: Ether: - Diethyl ether - Other Other aolcohols: - Diethylene -glycol - Ethylene glycol monoethyl ether - Other Other: Epoxides, epoxyalcohols, epoxphenols and epoxyethers, with a three or four member ring, and their halogenaated, sulpho- nated, nitrated or nitrosated derivertives. - Ethylene oxide - Propylene oxide - Epichlorohydrin - Other Acetals and chemiacetals and single or complex oxygen - function acetals and their balogenaated, sulphonated, nitrated or nitrosated derivertives. Aidehyde-function compounds Aldehydes, aldehyde-alcohols aldehyde ethers, aldehyde- phenols and other single or complex oxygen-function aldehydes: cyclic polymer of aldehyde; parafonnaldehyde: - Fortnaldeyhde 66 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods - Trioxan (trioxymethylene) and paraformaldehyde - Ethanal (Acetaldehyde) and paraldehyde - Butanal (Butraldehyde), propenal (Acrylaidehyde), 2- butenal (crotonaldehyde) and aldol (c). - Vanillin and ethylvanillin - Other Halogenated, sulphonated, nitrosated derivatives of products falling heading Ketone - Function compounds and quinone -function compounds Ketone, ketone-alcohol, ketone- pnenol, ketone-aldehydes, quinines, quinone-alcohols, quinone-phenols, quinone aldehydes and other single or complex oxygen-function ketones and quinines, and their halogenaated, sulphonated, nitrated or nitrosated derivertives. - Acetone - (ethyl methyl) ketone - Cyclohexanone and methylcyclohexanone - Comphor - Other Carboxilic Acids, and their unhydrides, halides, Peroxides andperacids, and their halogenated, sulphonated, nitrated or nitrosated derivatives. Monocarboxylic acid and their anhydrides, halides peroxides, and their halogenated, sulphonated, nitratedor nitrated or nitrosated derivertives: Saturated acyclic monocarboxilic acids, and their anhydrides, salts Lead esters: Formic acid, its salts and esters: - Formic acid - Salts of formic acid - Esters of formic acid No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 67 Subgroup No. Chemical Code Description of goods - Acetic acid, its salts and esters: - Acetic acid - Lead acetate w Other salt of acetic acid Ester of acetic acid - Ethyl acetate - N-Butyl acetate - Iso-Butyacetate - Vinyl acetate - Other Other: - Acetic anhydride - Acids with at least I 0 carbon atoms - Other Unsaturated acyclic monocarboxilic acids, and their anhydrides, saltsand esters: - Methacrylic acid and its salts - Ester of Methacrylic acid: " Other Ester of acrylic acid - Acid with at least I 0 carbon atoms - Other Other: - Benzoic acid, Its salts and esters: - Benzoic acid - Sodium Benzoate - Other salts of Benzoic acid - Ester of benzoic acid - Other: - Monochloroacetic acid - Sodium monochloroacetate - Other halogenated derivatives - Other 68 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Polycarboxylic acids and their anhydrides, halides peroxidesand peracids, and their halogenatedsulphonated nitrated or nitrosated derivatives: Acylic acid and their derivatives, salts and esters: Maleic anhydride Oxalic acids and its salts - Succinic acid and its salts - Esters of acyclicpolyacids - Other Other: - Orthophthalic anhydride - Ester of terephthalic acid Dibutylorthophthalate Dioctytiorthophthalates - Other esters of cyclic polyacids - Other Carboxylic acids with alcohol, phenol, aldehyde or ketone or ketone function and other single or complex oxygen-function carboxylic acids and their anhydrides halides, halides, peroxide and peracids, and their halognated, sulphonated, nitrated or nitrosated derivatives: - Lactic acid and its salts. - Ester of Lactic acid Tartaric acid and its salts - Esters of tartaric acid - Citric acid and its salts - Esters of citric acid - Acetylsalycylic acid and its salts - Salicylic acid and gallic acid, and their salts - Other acid and their salts - Esters of the acids classified under three above subheadings 1norganic salts, and their halogenated, sulphonated nitrated or nitrosatedderivatives. Phosphoric esters and their salts, including loctophosphates, and their halogenated , sulphonated, nitrated or nitrosated derivatives: Esters with phenols Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 69 Other esters of mineral acids (including halides) and their salts, and their halogenated, sulpho- nated, nitrated or nitrosated derivatives: - Nitrous and nitric esters, and their halogenated, salphonated, nitrated or nitrosated derivatives - Other Nitrogenjunction compounds Amine- function compounds - Anilline, nitroaniline, Naphthylamine, phenylenediamine, tolylenediamine, toluidine xylidine, and their salts - Ethylamines - Primary monoamines at least with I 0 carbon atoms - Other - Single or complex oxygen function amino- compounds: - Ethanolamines - Methyl-para- aminophenolsulphate (metol) - Dimethyl amino acetic acid and its alkaline salts - Other - Quarternary ammoniurn salts and hydroxidew; lecithins and other phosphoaminolipins: - Other Carboxyamide-function compounds; amide: function compounds of carbonic acid. Carbosyimide-fanction compounds (including ortho- benzoiesulphimide and its salts) and amine function compounds (including hexamethylene tetramine and trimethyllenetetramine): 70 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods - Saccharin and its alkaline salts - Hexamithylenetetramine - Trimethylenetrinitramine (hexoge) Other Nitrile function compounds: - Acrylonitrile Other Diazo-, azo- azoxy- compoundsganic - compounds of hydrazine or of hydroxylamine Compounds with other nitrogen functions: - Cyclohexylsulphamic acid and its salts - lsocyanates - Other Organo- inorganic compounds and heterocycliccompounds Organosulphur compounds: - Sodium and potassium xanthates - Thiocarbanilide (diphenylthiourea) - Other - Organo mercury compounds - Other organo-inorganic compounds - Organo arcenic compounds - OtherHeterocylic compound: nucleic acids: - Lactams - Other: - Contain only oxygen or sulphur as heteroatorns: - Furfuraldehyde (furfural, furfural) and furfurly alcohol - Other - Helamine Pyridine Pyidine homologues No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 71 Subgroup No. Chemical Code Description of goods - Other - Sulphonamide - Sultones; and saltams Glycosides and vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives. - Glycosides, natural or reproduced by sythesis, and their salts, ethers, esters and other derivatives. - Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives. - other organic compounds Group Category XXX: Nitrogeneous, phosphatic and potasic chemicals' Nitrogenous minerals or chemical: - Natural sodium nitrate (Soda Saltpetre, chile saltpeter) - Ammonium nitrate - Ammonium sulphonitrate - Ammonium sulphate - Calcium nitrate, whether or not containing 1.8%of ammonium nitrogen calculated on the weight of the anhydrous Product in dry state (lime nitrate, Norwegian saltpeter): calcium nitrate- magnesium nitrate. - Calcium cynamide containing not more than 25% by weight of nitrogen Urea Mixture of urea with other substances Other: 72 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods - Mixture of ammonium nitrate with other substances, - Other: Phosphatic mineral or chemical: - Basic slag Superphosphates Potassic mineral or chemical: - Crude Natural potassium salts - Potassium chloride - Potassium sulphate - Other Group Category xxx: Tanning and dyeing extracts; tannins and their derivates, dyes, colours, paints and varnishes, putty, fillers and stoppers Tanning extracts of vegetable origin; tannins (tannic acidic), including water- extracted gallnut tannin, and their salts, ethers, esters and other derivatives: Quebracho extract Wattle-back extract Other Synthetic Organic tanning sub- stances, and inorganic tanning substances; turning preparation, whether or not it containing natural tanning materials; enzymatic preparation for pretanning (for example, of enzymatic, pancreatic or bacterial origin) Subgroup No. Chemical Code Description of goods Synthetic organic turning sub- stances containing not more than 20% of ash calculated on the weight of anhydrous products in the dry state Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 73 Subgroup No. Chernical Code Description of goods Colouring matter of the origin (including dyewood extract and other vegetable dying extracts, but including indigo) or of animal origin Synthetic organic dyestuffs (including pigment dyestuffs); product of the kind used as luminophores; products of the kind known as optical bleaching agents, substantive to the fibre: natural indigo. Synthetic organic dyestuffs including pigment dyestuffs) Other Colour lakes Other colourig matter; inorganic product of a kind used as luminophores: Lithopone and other colouring matter based on zink sulphate. Titanium white and other colouring matter based on titanium oxides other Other Prepared pigments, prepared opacifiers and prepared colours, vitrifiable enamels and glazes, liquid lutres and similar products, of the kind used in the ceramic enamelling and glass industries; engobes (slips); glass frit and other glass, in the form of powder, granules or flakes: Other Varnishes and lacquers; distempers; prepared water pigments of the kind used for finishing leather; paints and enamels; pigments in linseed oil, white spirit, spirits of turpentine, varnish or other paint or enamel media; 74 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 subgroup No. Chemical Code Description of goods stamping foilds; dyes or other colouring matter in forms or packings of a kind sold by retail. Clear varnishes and lacquers; - Cellulose varnishes and lacquers - Bituminous varnishes - Other Distempers, including prepared water Pigments of the kind Used for finishing leather Emulsion paints Enamel paints (varnish paints): - Antifouling paints - Cellulose paints - Other Bronzing pastes and bronzing paints not classified as varnishes Other paints: - Oil paints - Other Pigments in linseed oil, white spirit, spirits Of turpentine, varnish, or other paint or enamel media, of the kind used in the manufacture of paints dyes or other colouring matter in forms or packings of a kind sold by retail. Artists', students' and signboard painters' colours modifying tints, amusement colours and the like, in tablets, tubes, Jars, bottlers, pans or in similar forms or packings, including such colours in sets or outfits, with or without brushes, palettes or other accessories PreParation driers No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 75 Subgroup No. Chemical Code Description of goods Glaziers' putty; grafting putty; painters' fillings; non-refractory surfacing preparations; stopping, sealing and similar mastics, including resin mastics and cements: Glaziers' putty Surfacing preparations containing sand Other surfacing preparations Other Writing ink, printing ink and other inks: Black newspaper -printing ink Other black printing ink Other printing ink Duplicator ink Writing and drawing ink Other Group Category xxx: Cleaning chemicals, products, lubricating preparations and waxes Organic surface-active agents; surface-active preparations and washing preparations, whether or not containing soap: Organic surface-active agents: - Anionic products: - Cationic products - Sulphonated fatty alcohols - Other - Non-ionic products - Other Washing and cleaning preparations: - Containing organic surface-active agents (other than soap) as a characteristic feature: - in liquid form - in other forms 76 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Lubricating preparations, and Preparations of a kind used for oil or grease treatment of textiles, leather or other materials, but not including preparations containing 70% or more by weight of petroleum oils or of oils obtained from bituminous materials: - Lubricating greases - Other Artificial waxes (including water- soluble waxes); prepared waxes, not emulsified or containing solvents: - Glycerides having the consistency of wax; - water-soluble or directly-emulsifiable waxes - Other Polishes and creams, for footwear, furniture, or flours, metal polishes, scouring powders and similar preparations: - Polishes and creams for footwear - Car polishes - Furniture and floor polishes and waxes - Scouring powders and pasters - Other Group Category XXX: Combustible preparations Propellent powders: Black powder (gunpowder) Prepared explosives, other than propellant powders Articles of combustible materials Other The expression ''articles of combustible materials'' in heading above is to be taken to apply only to: No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 77 Subgroup No. Chemical Code Description of goods (a) Metaldhyde, hexamethylenetetramine and similar substances put up in forms (for example, tablets, sticks or similar forms) for use as fuels; fuels with a basis of alcohol, and similar prepared fuels, in sold or semi-solid form; (b) Liquid fuels (for example, petrol) of a kind used in mechanical lighters, in containers of a capacity not exceeding 300 em'; and (c ) Resin torches, fire lighters and the like. Group Category XXX: Photographic and cinematographic chemicals Chemical products in a form suitable for use in photography: Collodion-based light -sensitive emulsions Other Chemical products to be taken to apply only to: (a) Chemical products mixed or compounded for photographic uses (for example, sensitised emulsions, developers and fixers); and (b) Unmixed substances suitable for such uses and put up in measured portions Or put up for sale by retail I a form ready for use The heading does not apply to photographic pastes or gums, varnishes or similar products, Group Category XXX: Miscellaneous chemical products Subgroup No. Chemical Code Description of goods \ Artificial graphite; colloidal graphite, other than suspensions in oil Concentrated sulphite lye Spirits of turpentine (gum, wood and sulphate) and other terpenic solvents produced by the distillation or other treatment of coniferous woods; crude dipentene; sulphite turpentine; pine oil (excluding ''pine oils'' not rich in terpentineol): Spirits of turpentine: Crude Other 78 No, 3 Industrial and Consumer Chemicals (Management and Control) 2003 subgroup No. Chernical Code Description of goods Rosin and resin acids, and derivatives thereof other than ester gums included in heading No.39.05; rosin spirit and rosin oils: Rosin Tall Oil resin acids Resinates Other Woodtar; wood tar oils (other than the composite solvents and thinners falling); wood creosote; wood naphtha; acetone oil; vegetable pitch of all kinds; brewers' pitch and similar compounds based on rosin or on vegetable pitch; foundry core binders based on natural resinous products: Wood tar Wood naphtha Tall-oil pitch (pitch sulphate) Other Disinfectants Prepared or packed for retail trade not for use on humans Prepared glazings, prepared dressings and Prepared mordants, of a kind used in the textile, paper, leather or like idustries: Glazings and dressings containing starch or amy laceous substances: - Put up for sale by retail in packings of a net weight not exceeding I kg - Other - Containing more than 20% of starch or amylaceous substances - Other Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 79 Subgroup No. Chemical Code Description of goods Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for metal surfaces; fluxes and other auxiliary preparations for soldering brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding rods and electrodes: - Pickling preparations for metal surfaces Other Anti-knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and similar prepared additives for mineral oil: - For petrol - For lubricating oils Other Prepared rubber accelerators Prepared culture media for development of micro-organisms Preparations and charges for fire- extinguishers: charged fire-extinguishing grenades Composite solvents ad thinners for varnishes and similar products Chemical products and preparations of the chemical or allied industries (including those consisting of . mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included : Prepared catalysts Compounded alkylbenzenes and compounded alkyl- Naphthalenes 80 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods Prepared anti-oxidising agents for the rubber industry Anti-freeze preparations Unsintered mixtures containing metal carbides, for use in the manufacture of hard metals - Containing more than 20% of starch or arnylaceous substances - Other Naphthenic and sulphonaphthenic acids, including alkaline salts of these acids not classified under Soap, organic surface-active agents, washing Preparations, lubricating preparations, artificial waxes, Prepared waxes, polishing and scouring Preparations, modelling pastes and waxes category Compound for gas cleaning Residues products of the chemical or allied industries, excluding products to be declared according to the regulation about waste hazard- OUS to environment Ester monomers of orthophtalic acid with chemically not defined fatty alcohols Mixtures, not falling within the above subheadings consisting of inorganic materials (for example, mineral products, inorganic chemical products, glass Powder or metal powder): - in packings weighing each more than I 0 kg gross: - In packings weighing each I 0 kg gross or less: Other No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 81 Group Category XXX Plastic chemicals Subgroup No. Chemical Code Description of goods Artificial resins and plastic materials in primary form (including Cellulose esters and cellulose ethers). Artificial plastics including artificial resins in primary forms are to be taken to apply to (a) liquids and pastes (including emulsions, dispersions and solutions), (b) blocks, lumps, powders (including moulding powders), granules, flakes and similar forms. Waste and scrap is not included Condensation, polycondensation and polyaddition products, whether or not modified or polyrnerised, and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones): Ion exchangers Other: - Phenoplasts: - Aminoplasts Polycarbonates Saturated linear polysters, - Unsaturated polyesters: Polyamides Polyurethanes: - Silicones: - Epoxy resins: - Acetal resins (oxymethylene resins, etc.) - Polyethers; in primary \ forms Polymerisation and copolymerisation products (for example,polyethylene, polyletrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives), Polyacrylic and polymethacrylic derivatives, (coumarone-indene 82 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Subgroup No. Chemical Code Description of goods resins): Ion exchangers Other: - Ethylene resins: - Propyelene resins: - Syrene resins containing expansion agents (expansible Styrene resins) - Butadiene fluidized styrene resins (S/B) - Butadiene fluidized styrene resins containing acylonitrile (ABS) - Vinyl Cloride resins (excluding vinyl chloro-acetate - Vinlyl acetate resins - Vinlyl chloroacetate resins - Acylic resins: - Cournarone resins - Vinly alcohol resins Cellulose nitrate, cellulose acetate and cellulose esters, cellulose esters and other chemical derivatives of cellulose, plasticised or not for (for example, collodions, celluloid); - valacanised fibre - Cellulose nitrate - Cellulose - Cellulose propionate and butrate, whether or not intermixed or mixed with cellulose acetate, but not containing other materials - Carboxyrnethyl cellulose and its alkaline salt (OMC) - Water-soluble cellulose ethers Group Category XXX Natural and synthetic rubber No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 83 Natural resins modified by fusion (run gums); artificial resins obtained by esterification of natural resins or of resins acids (ester gums); chemical derivatives of natural rubber (for example, chlori- nated rubber, rubber hydrochloride, oxidized rubber, cyclised rubber ) Subgroup No. Chemical Code Description of goods - Ester gums - Chlorinated rubber - High polymers, artificial resins and artificial - Alginic acid, its salts and esters - Starches modified by esterification, or otherwise - Containing more than 20% starch or amylaceous substance - Macilages modified by etherification, esterification or otherwise Group Category XXX: Powders and flakes of lead Subgroup No. Chemical Code Description of goods Powder and flakes of lead. FOURTH SCHEDULE (Made under section 15) APPLICATIONS FORM FOR REGISTRATION OF A CERTIFICATE HOLDER I particulars of the applicant: I.I. Name: 1.2 Address 1.3. Telephone, 84 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 1.4. Fax: 1.5. E-mail: 1.6. Certificate ID- 2. Contact Person (if different from above): 2. 1. Name: 2.2. Address: 2.3. Telephone- 2.4. Fax: 2.5. E-mail: 3. Physical Address: 3. I Plot No: 3.2 Street No- 3.3 District: 3.4 Region: 4. Drainage Basin (for producers and large scale users only) 4.1 Basin I - 4.2 Basin 2- 4.3 Basin 3- 4.4 Comments- 5. Registration Certificate No: 6. Business License: IL 7. List of chemicals to be handled (where applicable). Signature Date Official stamp FIFTH SCHEDULE (Made under section 2 7) APPLICATION FORM FOR REGISTRATION OF PREMISES I. Particulars of the applicant: I. 13. Name: 1. 14. Address: No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 85 1. 15. Telephone- L 16. Fax: L 17. E-mail: 2. Physical Address: 2.1 Plot No: 2.2 Street No- 2.3 District: 2.4 Region: 3. Proprietor of the Premises (if different frorn I above) 3.1 Name: 3.2 Address: 3.3 Telephone: 3.4 Fax: 3.5 E-mail: 4. Registration Certificate No: 5. Business License: 6. Proximity to Economic Values km miles 6.1 Distance to the nearest water bodies 6.2 Distance to the nearest school/college 6.3 Distance to the nearest hospital 6.4 Distance to the nearest settlement 6.5 Distance to the nearest industry 6.6 Distance to the nearest recreational facilities 6.7 Distance to the nearest farm/ranch/game reserve/national park/forest reserve. 7. List of chemicals to be handled (where applicable). Signature Date Official stamp 3 Industrial and Consumer Chemicals (Management and Control) 2003 SIXTH SCHEDULE (Made under section 11) LIST OF HIGHLY HAZARDOUS CHEMICALS contents Definition Highly flammable chemicals 0 Highly toxic chemicals Carcinogenic chemicals Explosive chemicals 0 Chemicals that are hazardous to the environment * Thiols Definition Following chemicals are considered extremely harmful: I Chemicals labeled with pictograms T+ (very toxic) (R26/R27/R28), F+ (very flammable) (RI2), E (explosive) (RI/R2/R3/R5/R6); chemicals labeled N (harmful to the envir .... ment) (R50/R58/R59; Carcinogenic chemicals, identified by R-phrases R45 and R49; Mutagenic chemicals that after the genetic code in living matter, identified by R-phrases R46 and R47; Teratogenic chemicals that are toxic to the Propagation, identified by R- Phrases R61 and R63; Chemicals for which irreversible effects cannot be excluded, identified by R-phrase R40; Thiols Highly flammable chemicals (F+ ) (RI2) Acetaldehyde (Ethanal) 0 Ethy1dimethylamine (N,N-dimethyletliylamine) Ethyleneoxide (Oxirane) 0 Propyleneoxide (Propeneoxide) (1,2-EPOxYPropane) All chemicals carrying the label F+ (highly flammable), irrespective of whether they are or will he included in this. -lighly toxic chemicals (T+ ) (R26HR27/R28) Arsenic trioxide (Diarsenictrioxide) Bis(chloroi-nethyl)ether Cyanides Diazomethane * Dieldrin Industrial and Consumer Chemicals (Management and Control) 2003 87 Dimethylnitrosamine (N-nitrosodimethylat-nine) 0 Dimethylsulfate 0 Naphtylthiourea (I -(I -Maftyl)-2-thiourea) '11 B-Propiolactone 0 Propyleneimine (2-Methylaziridine) All chemicals carrying the label T+ (highly toxic), irrespective of whether they are or will be included in this. Carcinogenic chemicals Carcinogenic chemicals, carrying the R45 or R49 phrase Other chemicals (still without R45 or R49 phrase) CAS # PRODUCT NAME 789-09-5 Ammoniumdichromate 93-60-2 Bromoethylene; Vinylbromide 06-99-0 1,3-Butadiene 06-97-8 Butane[l ] And lsobutane[2] (-0. 1% Butadiene (203-450-8)) 5-21-8 Ethyleneoxide; Oxirane 75-56-9 Propyleneoxide; 1,2-Epoxypropane; Methyloxirane 5-013-4 Viny1chloride; Chloroethylene 07-06-2 1,2-Dichloroethane; Ethylenechloride 07-13-1 Acryinitrile 1-43-2 Benzene Carbadox; 2-(Methoxycarbonylhydrazonomethyl)cbinoxaline-1,4- dioxide; Methyl-3-(Chinoxaline-2-ylmethylene)carbazate-1,4-dio- xide8O4-07-5 07-30-2 Chloromethyl-metbylether; Chlorodimethylether 5-55-8 2-Methylaziridine; Propyleneimine 51 -56-4 Ethyleneimine; Aziridine 7- 1 4-7 N,N-Dimethylhydrazine 0588-01-9 Sodium Dichromate 33-82-0 Cbromotrioxide 4613-89-6 Chromo(III)chromate; Chromichromate; Chromo(Iii) Salt of Chromo (VI) Acid; Dichromotris(chromate) 977-61-8 Chromooxycbloride; Chromyldicbloiide 4-59-7 5-Allyi-1,3-benzodioxole; Safrole 64-53-5 2,2'-Bioxirane 88 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 7-57-8 3-Propanolide; 1,3-Propiolactone 440-41-7 Beryllium 42-88-1 Bis(chloromethyl)ether; Dichlorodimethylether 7-78-1 Dimethylsulfate 3360-57-1 Dimethylsulfamoylchloride 778-50-9 Potassium Dichromate 789-12-0 Sodium Dichroma:e, D-1hydrate 64-41-0 1,4-Dichlorobut-2-ene 0-04-0 2-Methoxy-ani line; o-Anisidine Beryllium Compounds With The Exception Of Beryllium- Aluminium-Silicate 0108-64-2 Cadmium chloride 790-79-6 Cadmium fluoride 327-53-3 Diarsenetrioxide 2-75-9 Dimethylnitrosaminc; N-Nitrosodimethylamine 5154-54-5 [1] Dinitrobenzene]; 1,4-Dinitrobenzene; 1,3-Dinitrobenzene; 1,2-Dinitrobenzene 6-12-8 1,2-Dibromo-3-chloropropane 6-23-1 1,3-Dichloro-2-propanot 120-71-4 1,3-Propanesultone 06-89-8 I -Chloro!2,3-epoxypropane; Epichlorohydrine 116-54-7 2,2'-(Nitrosoimino)bisethanol 56-52-5 2,3-Epoxypropane-l-o 1-23-6 2-Nitroanisole 9-46-9 2-Nitropropane 2-67-1 4-Aminobiphenyl 7-56-3 4-o-Tolylazo-o-toluidine; 4-Amino-2',3-dimethylazobenzene; Fast Gamet Gbc Base; AAT 02-87-9 5-Nitroacenaphtene 1306-19-0 Cadmium oxide 2425-06-1 Captafol , 1,2,3,6-Tetrahydro-N-(1,1,2,2-tetrachloro- ethylthio)phtalimide 34-88-3 Diazomethane 4-67-5 Diethylsulfate 9-44-7 Dimethylcarbamoylchloride 16071-86-6 Disodium- f 5-[(4'-((2,6-dihydroxy-3-((2-hydroxy-5- sulfophenyl)azo) phenyl)azo)(1, I'-biphenyl)-4- yl)azojsalicylato(4-)~cuprate(2-) 73-58-0 Disodium-3,3'-[[ 1, l'-biphenylj-4,4'-diylbis(azo)jbis(4-amino- No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 89 Naphthalene- I -sulfonate) 1937-37-7 Disodium-4-amino-3-[[4'-[(2,4-diaminophenyl)azoj[ 1, I'-bi- Phenyll-4-yllazo]-6-(phenylazo)-5-hydroxynaphtalene-2,7- disulfonate 314-06-3 Dinickeltri oxide 2510-42-8 Erionite 80-31-9 HexamethYlPhosphoric Acid Triamide; Hexamethylphosphoamide Hydrazine-bis(3-carboxy-4-hydroxybenzenesulfonate) 92-62-1 Methyl-ONN-azoxymethylacetate; Methylazoxymethylacetate 7402-05-2 Methylacrylamidoglycolate (>= 0, I % Acrylamide) 7402-03-0 Methylacrylamidomethoxyacetate (>= 0, I % Acrylamide) 2035-36-8 Nickeldi oxide 313-99-1 Nickelmon oxide 6812-54-7 Nickelsulfide 602-46-2 Tetrasodium-3,3'-[[ 1, I '-biphenyl]-4,4'-diylbis(azo)] bis-[5-amino-4-hydroxynaphtalene-2,7-disulfonateI 2-55-5 Thioacetamide 2035-72-2 Trinickeldisulfide 1-79-6 Urethane; Ethylearbamate Salts of 3,3'-Dimethoxybenzidine; Salts of o-Dianisidine Salts of 4-Aminobiphenyl 06-93-4 1,2-Dibromoethane; Ethylenedibromide 3765-19-0 Calcium chromate Chromo(Vi) Compounds, With The Exception Of Barium chromate 789-00-6 Potassium Chromate 789-06-2 Strontium Chromate Zinc Chromate including Zinc Potassium Chromate 0-25-7 I -Methyl-3-nitro-l-nitrosoguanidine 01-14-4 2,2'-Dichloro-4,4'-methylenedianiline; 4,4'-Methylene- bis(2- chloroanifine) 21-14-2 2,4-Dinitrotoluene; Dinitrotoluene; Dinitrotoluene, Technical 1-59-8 2-Naphtylamine 81-89-5 2-Nitronaphtalene 1-94-1 3,3'-Dichlorobenzidine 19-93-7 3,3'-Dimethylbenzidine; 4,4'-Bi-o-toluidine 01-77-9 4,4'-Diaminodiphenylmethane 38-88-0 4,4'-Methylenedi-o-toluYdine 99-95-1 4-Amino-3-fluorphenol 0-09-3 4-Aminoazobenzene 90 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 06-47-8 4-Chloroaniline 2-93-3 4-Nitrobiphenyl Arsenic acid and Salts 03-33-3 Azobenzene 2-87-5 Benzidine; 4,4'-Diarninobiphenyl 05-82-3 Benzo(J)fluoranthene 07-08-9 Benzo(K)fluoranthene 05-99-2 Benzo[E]acefenantrylene 0124-36-4 Cadmium Sulfate 303-28-2 Diarsenepentaoxide 3-70-3 Dibenzo[A,H]antracene 18-74-1 Hexachlorobenzene 02-01-2 Hydrazine 22-66-7 Hydrazobenzene 784-40-9 Leadhydrogene Arsenate 1836-75-5 Nitrofene (iso); 2,4- Dich I orophenyl-4-n itrophenyl ether 21-64-7 Nitrosodipropylamine 5-06-7 Sulfallate, (iso); 2-Chloroallyiditehyidithiocarbamate 5321-67-7 Toluene-2,4-diammoniumsulfate Salts of 2,2'-Dichloro-4,4'- methylenedianiline; Salts of 4,4'-Methylenebis(2-chloroani line) 53-00-4 Salts of 2,-Naphtylamine 12-83-9 Salts of 3,3'-Dichlorobenzidine 31-85-1 Salts of Benzidine Salts of Hydrazine Other chemicals (still without R45 or R49 phrase) CAS # PRODUCT NAME 1162-65-8 Aflatoxine AFB 7220-81-7 Aflatoxine AFB' 1165-39-5 Aflatoxine AFG 7241-98-7 Aflatoxine AFG 2 492-80-8 Auramine (Technical) (Basic Yellow 2) 151-56-4 Aziridine (Ethyleneimine) 100-44-7 Benzylchloride (a-Chlorotoluene) 10647-8 4-Chloroaniline 140-57-8 2-(p-Tert-butylphenoxy)-isopropyl-2-chloroethylsulfite (Ararnite, Aratrone) 95-83-0 4-Chloro-o-phenytenediamine (2-Amino-4-chloroaniline) 67-66-3 Chloroform 15663-27-1 Cisplatine (cis-DDP,CP) No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 91 6358-53-8 Citrus Red No. 2 (1-[(2,5-Dimethoxyphenyl)azo]-2-tiaphtalenol) 120-71-8 p-Cresidine (2-Methoxy-5-methylbenzeneamine) 14901-08-7 Cycasine 39156-41-7 214-Diai-nino-anisolesulfate (2,4-DAAS) 101-80-4 4,4'-Diaminodiphenylether (4,4'-DDE) 226-36-8 Dibenz(A,H)acridine 189-64-0 Dibenz(A,H)pyrene 189-55-9 Dibenz(A,I)pyrene 194-59-2 7h-Dibenzo(C,G)carbazole 28434-86-8 3,3'-Dicbloro-4,4'-diaminodiphenyi-ether (DDD-Ether) 62-73-7 Dichlorovos (DDVP) 101-90-6 Diglycidylresorcinolether (1,3-Bis(2,3-epoxy-propoxy)benzene) 60-11-7 p-Dimethylamino-azobenzene (DAB) 79-44-7 Dimethylearbamoylchloride 42397-64-8 1,6-Dinitropyrene 42397-65-9 1,8-Dinitropyrene 1937-37-7 Direct Black 38 2602-46-2 Direct Blue 6 2475-45-8 Disperse Blue 106-87-6 I -Epoxyethyl- 1-3,4-epoxycyclohexene 62-50-0 Methylmethanesulfonate (EMS) 94-78-0 Phenazopyridinehydrocbloride (3-(Phenylazo)-2,6- pyridinediamine) 122-60-1 Phenylglycidylether 3570-75-0 2-(2-Forrnylhydrazino)-4-(5-nitro-2-furyl)thiazole 67-45-8 Furazolidone 193-39-5 Indenol (1,2,3-CD)pyrene 531-76-0 Merfalane 129-15-7 2-Methyl- I -nitroantraquinone (I -Nitro-2-methylantraquinone) 590-96-5 Methylazoxymethanol 3697-24-3 5-Methylehrysene 66-27-3 Methylmethanesulfonate (MMS,Methylmethanesulfonic Acid) 56-04-2 Methylthiouracil (2-Mercapto-4-hydroxy-6-methylpyrimidine) 443-48-1 Metronidazole 50-07-7 Mitomycine C 613-35-4 N,N'-Diacetylbenzidine (4,4'-Diacetylbenzidine) 531-82-8 N-(4-(5-Nitro-2-ftiryl)-2-thiazolyl)acetamide (NFTA) 64091-91-4 N-4-(Methylnitrosamino)- I -(3-pyndyl)- I -butanone (4-(N- 92 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Nitrosomethyl-amino)- I -(3-pyridyl)- I -butanone) 924-16-3 N-Nitrosodi-N-butylamine 55-18-5 N-Nitrosoditehylamine (Ditehyinitrosamine, NDEA, DENA) 601-77-4 N-Nitrosodiisopropylamine (Diisopropylamine, NDIPA, DIPNA) 759-73-9 N-Nitrosoethylurcum (Ethyinitrosureum, NEU, ANDU) 10595-95-6 N-Nitrosomethylethylamine 615-53-2 N-Nitrosomethylurethane 684-93-5 N-Nitrosomethylureum (Methyinitrosureum) 4549-40-0 N-Nitrosomethylvinylamine 59-89-2 N-Nitrosomorfoline (NMOR) 80508-23-2 N-Nitrosonornicotine (NNOR) 100-75-4 N-Nitrosopiperidine (NPIP) 930-55-2 N-Nitrosopyrrolidine (NPYR) 13256-22-9 N-Nitrososarcosine (NSAR) 61-57-4 Niridazole (Nitrothiamidazole, Nitrothiazole) 7496-02-8 6-Nitrochrysene (6-Nc) 607-57-8 2-Nitrofluorene (2-NF) 794-93-4 Panfuran S (Dihydroxymethylfuratrizine) 87625-62-5 Ptaquiloside 94-59-7 Safrol (5;(2-Propenyl)-1,3-benzodioxoi) 56-23-5 Tetrachloromethane (Carbon Tetrachloride) 126-72-7 Tris(2,3-dibromopropyl)phosphate (TBPP]) Carcinogenic chemicals, carrying the R45 or R49 phrase Other chemicals (still without R45 or R49 phrase) Explosive chemicals (E ) (RI/R2/R3/R5/R6) • 2-Amino-4,6-dinitrophenol (Picraminic acid) • Ammoniumdi chromate • Benzoylperoxide (Dibenzoylperoxide) • Calcium iodylbenzoate • Dinitroglycol (Glycol dinitrate) • Ethylnitrate • Ethylnitrite • Hexanitrodiphenylarnine • Bis(I -hydroxycyclohexyl)peroxide 0 lodylbenzene • Mercury fulmiate, No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 93 Mercury oxycyanide Lead azide Lead trinitroresorcinate Nitrocellulose (containing more than 12.6 % nitrogen) Nitroglycerine (Glyceroitfinitrate) Nitromannite (Mannite Hexanitrate) Nitramine (Tetryl) Pentrite Picric acid and its salts (2,4,6-Trinitrophenol) 1,2,3,4-Tetranitrocarbazole Tetranitronaftalene Trinitrobenzene Trinitrochlorobenzene Trinitrocresol 2,4,6-Trinitrotoluene Trinitroxylene All chemicals carrying the label E (explosive), irrespective of whether they are or will be included in this. 2-Naphtylamine and salts 4-Aminobiphenyl and salts Benzidine and salts 4-Nitrobiphenyl * 2-Aminobenzidine 2-Acetylaminofluorene Aniline 0 Arsenic and its compounds Beryllium and its compounds Boron containing halogenated chemicals Chloro-anilinen (mono, di, tri) N,N'-diacetylbenzidine N,N'-dimethylbenzidine Ethylene-imine Hydrazine Carbon sulfide Mercury and its compounds Alkylated lead [nickelcarbonyl]-compounds 1 -Naphtylamine Nitroanilines (ortho, meta, para) Pentachlorophenol and its alkali salts Polychloro polyphenyls Toluidines, with the exception of o-toluidine 94 No. 3 Industrial and Consumer Chemicals (Management and Control) 2003 Chemicals that are hazardous to the environment (N ) (R50/R51/R59) 1, 1, I -Trichloro-ethane 1, 1,2,2-Tetrachloro-ethane 1, 1,2-Trichloro-ethane 1, 1,2-THchloro-trifluoro-ethane 1,1-Dichloro-ethane i, I -Dichloro-ethene 1,2,4,5-Tetrachlorobenzene 1,2,4-Tiiehlorobenzene 1,2-Dibromethane 1,2-Dichlorobenzene 1,2-Dichloro-ethane 1,2-Dichloro-ethene !,2-Dichloropropane 1,3-Dichloro-2-propanol 1,3-Dichlorobenzene 1,3-Dichloropropene 1,4-Dichlorobenzene I -Chloro-2,4-dinitrobenze,e I -Chloro-2-nitrobenzene 1 -Chloro-3-nitrobenzene 1 -Chloro-4-nitrobenzene I -Chloronaftalene 213-Dichloroproperie 2,4-5.Trichlorophenoxy-acetic acid (and its salts and esters) 2,4-Dichlorophenol 2,4-Dichlorophenoxy-acetic acid and its salts and esters) 2-Amino-4-chlorophenol' 2-Chl Oro-p-tolu