MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION ‘New Delhi, the 8th July, 2011 GS.R, 523(E),—In exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes ‘the following rules regulating the classification, packaging and labelling of the hazardous substances, is hereby published for the information of public likely to be affected thereby; ‘and the notice is hereby given thatthe said draft notification shall be takea into consideration on or after the expiry of a period of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to public; Objections or suggestions to proposals contained in the draft notification, if any, may be addressed, within the period so specified, to the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodi Road, New Dethi-] 10 003 or electronically at e-mail address: secy-moef@nic ‘The objections and suggestions which may be received from any person with Fespect to the said draft rules before the expiry of the period so specified shall be ‘considered by the Central Government. Draft Notification Short title and commencement. (1)These rules shall be called the Hazardous ‘Substances (Classification, Packaging and Labelling) Rules, 2011. (2) They shall come into force on the date of their publication in the Official Gazette. Application.- (1) These rules shall apply to hazardous substances and hazardous chemicals and dangerous goods specified in Schedule | appended to these rules.Cert fas 36)) Sr TNA: TTT (2) Not with standing anything in sub-rule (1), these rules shall not apply t0- (a) any material used as pharmaceutical end product if available in packages specifically designated for consumer use or; (®) any material used as cosmetic end product if available in packages specifically designated for consumer use or; (©) any dangerous goods required for the propulsion of the means of transport o the operation of its specialised equipment during transport or which are required in accordance with the operating regulations. (3) The markings and placards specified under these rues shall be used in the transport ‘of packaged agrochemicals and may not be used on the retail packages. 3. Definitions.- In these rules, unless the context otherwise requires,- 2) “article” means an object which during production is given special shape, surface or design which determines its function to a greater degree than its chemical composition; ) “classification” means categorisation of hazardous substances in cither of the hazard classes ot its division under these rules; ©) “combination packaging” means a combination of packaging for transport purposes, consisting of one or more inner packaging secured in @ non-bulk outer packaging; 4) “competent authority” means the Central Government in the Ministry of Environment and Forests; ©) “composite packaging” means a special type of single packaging consisting of fan outer packaging and an inner receptacle, so constructed that the inner receptacle and the outer packaging form an integral packaging, once assembled, it remains thereafter an integrated single unit and is filled, stored, traniported and emptied as such; 1) “consignee” means any person or organisation which is entitled to take delivery of a consignment; 8) “consignor” means any person or organisation which prepares @ consignment for transport;‘THE GAZETTE OF INDIA : EXTRAORDINARY (Pass Tt-Seo, 369] “h) “dangerous goods list” means the list of dangerous goods specifying its name and description, United Nations number, class, packaging group and special instruction, if any, given in the United Nations Transport of Dangerous Goods- Mode! Regulation as amended from time to time; 1) “dangerous goods” mean materials capable of posing significant risks to the people, health, property or environment when transported in quantity; JD “group” means the category of packaging; k) “hazardous substance’ means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment; }) “liquid” means a substance or mixture which is not a gas and which has a melting point or initial melting point of 20 °C or fess at standard pressure of 101.3 kPa; 'm) “material” includes article, substance, mixture and preparation; 1n) “occupier” in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance; ©) “packing groups” means for packing purposes, hazardous substances other than those of classes I, 2 and 7, divisions 5.2 and 6.2 and other than self-reactive substances of division 4.1 are assigned to three packing groups in accordance with the degree of danger they present:- a packing group I: substances presentir Gi) packing group 1: substances presenting medium dangers (ii) packing group IIT: substances presenting low danger; P) “schedule” means a schedule appended to these rules. 4, Responsibility of occupier and consigner.- (1) Any person or organisation dealing with the hazardous substance and or dangerous goods shall- i, assign one or more hazard class specified in Schedule II in accordance with the criteria specified therein; more than one hazard class is applicable, assign precedence in accordance with specifications specified under Schedule 111;