S.I. No. 450/1994 - Classification and Labelling of Explosives Order, 1994.

S.I. No. 450 of 1994.

CLASSIFICATION AND LABELLING OF EXPLOSIVES ORDER, 1994.

The Government, in exercise of the powers conferred on them by sections 83 and 106 of the Explosives Act, 1875, as adopted hereby order as follows:

1 Citation and commencement.

1. (1) This Order may be cited as the Classification and Labelling of Explosives Order, 1994.

(2) This Order shall come into operation on the 30 day of December, 1994.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

2 Interpretation.

2. (1) In this Order, unless the context otherwise requires "Class 1" means Class 1 in, respect of explosives or the classification of dangerous goods as set out in the eighth revised edition of the Recommendations prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods published in New York in 1993 on behalf of the United Nations by the International Regulations Publishing and Distributing Organisation⁽¹⁾ or a later edition which shall be in substitution for and not an alternative to the eighth revised edition;

"classified", in relation to an article, substance, combination or unit load, means assessed by the Minister or by the relevant official authority of the country of origin and—

( a ) (i) assigned to Class 1,

(ii) assigned to a Division and Compatibility Group,

(iii) designated as an article, substance, combination or unit load, and

(iv) in the case of an article or substance, allocated a United Nations Serial Number;

⁽¹⁾(ISBN92-1-139042-7)

"combination" means a combination in the same packaging of articles or substances or of one or more of each of them;

"compatibility group" means one of the compatibility groups in Class 1 set out in column 1 of Schedule 2 and Compatibility Group letter" means the letter assigned to a Compatibility Group by column 2 of that Schedule;

"division" means one of the divisions, into which Class 1 is divided, set out in Column 1 of Schedule 1 and "Division number" means the number assigned to a Division by column 2 of that Schedule;

"explosive Article" means an article containing one or more explosive substances;

"explosive substance" means—

( a ) a solid or liquid substance, or

( b ) a mixture of solid or liquid substances or both, which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

"hazard classification code" means the Division number followed by the Compatibility Group letter of an article, substance, combination or unit load as assigned on classification;

"inner packaging" means the packaging immediately surrounding an article, substance or combination, except when it is the only packaging, but it does not include any envelope, case or contrivance forming part of an article;

"label" includes "mark" and related expressions shall be construed accordingly;

"the Minister" means the Minister for Justice;

"name", in relation to an explosive article or explosive substance, means its name as shown in a licence or recipient competent authority approval document issued in respect of its manufacture or importation by the Minister;

"outer packaging" means the packaging immediately surrounding an article, substance or combination where it is the only packaging and in any other case the outermost packaging but does not include—

( a ) any envelope, case or contrivance forming part of an article, or

( b ) any type of freight container, aircraft container, container with integral pallet, aircraft pallet or vehicle;

"supply" means (whether as principal or agent for another) supply in the course of, or for use at, work by way of—

( a ) sale, offer for sale, lease, hire or hire purchase,

( b ) commercial sample,

( c ) transfer from a factory, warehouse or other place of work and its curtilage to another place of work, whether or not in the same ownership, or

( d ) importation into the State;

and related expressions shall be construed accordingly;

"unit load" means the unit formed when packages or unpackaged articles are assembled on or in a device which enables them to be mechanically handled as one unit, but which is not any type of freight container, aircraft container, container with integral pallet, aircraft pallet, or vehicle;

"United Nations Serial Number" means one of the four-digit numbers devised by the United Nations and allocated by the Minister or relevant official authority, as the case may be, to an explosive article or explosive substance as a means of identification.

(2) In this Order—

( a ) a reference to article or schedule is a reference to an article of or schedule to this Order unless it is indicated that reference to some other Order is intended,

( b ) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3 Classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof.

3. (1) Subject to Article 4, this Order shall apply to—

( a ) explosive articles or explosive substances, whether in packaging or not,

( b ) combinations in the same packaging of explosive articles or explosive substances or of one or more of each of such articles and substances,

( c ) unit loads of any of the following—

(i) explosive articles, whether in packaging or not,

(ii) packaged explosive substances,

(iii) combinations in the same packaging of explosive articles or explosive substances or of one or more of each of such articles and substances;

except that in relation to supply only, this Order shall apply to the items specified in this paragraph only in so far as they are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect.

(2) An article, substance, combination or unit load to which this Order applies may not be conveyed, kept or supplied unless—

( a ) it has been classified for the time being according to composition and in the form and packaging, if any, in which it is to be conveyed, kept or supplied, and

( b ) it and any packaging comply with the labelling requirements, if any, imposed in respect of them by this Order.

(3) Nothing in paragraph (2) shall be construed as affecting any other requirement of law relating to the conveyance, keeping or supply of any article, substance, combination or unit load to which this Order applies.

4 Cases to which this Order does not apply.

4. (1) this Order shall not apply to an article, substance, combination or unit load—

( a ) which complies with the classification and labelling requirements imposed in respect of it by any Order made under section 106 of the Explosives Act, 1875, in force immediately before the commencement of this Order but this exception shall not apply after the 1 day of January, 1998 or

( b ) which is conveyed, kept or supplied solely in connection with an application for its classification, or

( c ) which has not been classified and—

(i) is the subject of, or is used in, a research project, and

(ii) is not kept at, or conveyed through, any place to which persons not employed in, or otherwise concerned with, the project have access, or

( d ) which is being lawfully carried on the person, or in the baggage, of a passenger or member of the crew on an aircraft, vessel or hovercraft or in transit between one aircraft, vessel or hovercraft and another, or

( e ) which is undergoing explosive ordnance disposal, other than dumping at sea, under the directions of a member of the Defence Forces.

(2) This Order shall not apply to an article or substance—

( a ) which is in the process of manufacture, including any examination or testing carried out at the place of manufacture, or

( b ) which has been removed from its packing for the purpose of immediate use.

(3) This Order shall not apply to fireworks, small arms ammunition or combinations in the same packaging of fireworks or small arms ammunition that—

( a ) are kept or supplied by the retailer thereof, or

( b ) have been obtained from such a person.

(4) This Order shall not apply to any explosive nuclear device or any component thereof.

5 Labelling of an article, substance, or combination in Class 1.

5. (1) A packaged article or substance or a combination to which this Order applies, assigned on classification to Class 1, Division 1.1, 1.2 or 1.3, shall bear two labels on its outer packaging, one in accordance with paragraphs 1, 2, 9 and 10, the other in accordance with paragraph 11 of Schedule 3.

(2) An unpackaged article to which this Order applies, assigned on classification to Class 1, Division 1.1, 1.2 or 1.3, shall bear two labels, one in accordance with paragraphs 3, 9 and 10, the other in accordance with paragraph 12 of Schedule 3.

(3) A packaged article or substance or a combination to which this Order applies, assigned on classification to Class 1, Division 1.4, 1.5 or 1.6, shall bear two labels on its outer packaging, one in accordance with paragraphs 4 to 7 and 9 and 10, the other in accordance with paragraph 11 of Schedule 3.

(4) An unpacked article, other than a firework, to which this Order applies, assigned on classification to Class 1, Division 1.4, shall bear two labels, one in accordance with paragraphs 8, 9 and 10, the other in accordance with paragraph 12 of Schedule 3.

6 Labelling of outer and inner packagings.

6. (1) In addition to any labelling required by Article 5, where an outer packing contains an explosive article listed in Schedule 4 or an explosive substance listed in Schedule 5, it shall be labelled in accordance with paragraph 13 of Schedule 3.

(2) Where an inner packaging contains an explosive substance listed in Schedule 5, it shall be labelled in accordance with paragraph 14 of Schedule 3.

7 Labelling or arrangement of a unit load.

7. (1) A unit load to which this Order applies shall be labelled or arranged as follows—

( a ) if the same hazard classifiction code applies to all articles, substances or combinations to which this Order applies in the unit load, they shall be arranged so that the label on at least one such article or outer packaging is visible on each vertical face of the load, except that, in the case of a unit load assembled on or in a device with a base or straps, it shall be sufficient if such labels are placed on the base or the straps so that they are as visible as it they were on the load itself;

( b ) in any other case, the labels specified in paragraph (2) shall be placed on the base or straps of the device on or in which the unit load is assembled so that they are as visible as if they were on each vertical face of the load, or, if there is no base or straps or it is impracticable to fix the labels there, they may be placed on each vertical face of the load.

(2) The labels referred to in paragraph (1) (b) shall be those appropriate under Article 5 (1) or (3) as the case may be, for a combination which has the same hazard classification code as the unit load as a whole except that the label described in paragraph 11 of Schedule 3 need not be shown.

8 Labelling generally.

8. (1) The requirement of Article 5, 6 and 7 and Schedule 3 shall be implemented by the use of durable labelling either—

( a ) directly onto the outside of the packaging, article, base or strap, as the case may be, or

( b ) on a piece of paper or other suitable material securely fixed to the outside of the packaging, base or strap, as the case may be, with one entire side of the label in contact with the relevant surface.

(2) Where, in order to comply with paragraph (1), the size of the packaging, article, base or strap, as the case may be, would necessitate a reduction in the size of the label, as an alternative, a full sized label may be affixed in some other safe and suitable manner.

9 Defence in proceedings for contravening this Order.

9. In any proceedings for an offence of an alleged contravention of, or breach of duty imposed by, this Order it shall be a defence for any person to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence or breach.

10 Power to grant exemptions.

10. (1) Subject to paragraph (2), the Minister may, by a certificate in writing, exempt from all or any requirements or prohibitions imposed by this Order any particular, or class of, article, substance, combination or unit load and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

(2) The Minister shall not grant any such exemption unless, having regard to the circumstances of the case, and in particulars to—

( a ) the conditions, if any, which he or she proposes to attach to the exemption, and

( b ) any other requirements imposed by or under any enactment which apply to the case,

he or she is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the security of the explosives will be prejudiced.

11 Revocation of Orders in Council.

11. The following are hereby revoked—

( a ) Order in Council (No. 1) made on the 5th day of August, 1875, relating to the classification of explosives,

( b ) Order in Council (No. 1A) made on the 12th day of December, 1891, relating to the classification of explosives, and

( c ) Order in Council (No. 1B) made on the 11th day of April, 1913, relating to the classification of explosives (1913, S.R. & O. No. 481).

Article 2 (1).

SCHEDULE 1

THE DIVISIONS

Article 2 (1).

SCHEDULE 2

THE COMPATIBILITY GROUPS

(Articles 5, 6 and 8.)

SCHEDULE 3

LABELS

A packaged article or substance or a combination in Class 1, Division 1.1, 1.2 or 1.3.

1. One of the labels required by Article 5 (1) shall—

( a ) be a square set with its sides at an angle of 45° to the vertical;

( b ) be in the form of the following diagram (the hazard classification code "1.2E" is only an example); and

( c ) comply with the measurements in the diagram except that—

(i) larger measurements may be used in which case the measurements shall be increased proportionally, or

(ii) where, in order to comply with Article 8 (1), a smaller label is necessary, the dimensions may be decreased proportionally whilst remaining as large as is reasonably practicable for the purposes of such compliance.

2. (1) The above label shall have a pictograph of a bomb blast filling most of its upper half.

(2) In the bottom half the UN Hazard Division and Compatibility Group shall be located as indicated.

(3) The Class number "1" shall be written in the bottom corner of the label.

(4) The label shall have a line at least 1 mm wide approximately 5 mm inside the edge and running parallel to it.

An unpackaged article in Class 1, Division 1.1, 1.2 or 1.3.

3. One of the labels required by Article 5 (2) shall be as described in paragraphs 1 and 2 except that the hazard classification code shall be that appropriate for the article when not packaged.

A packaged article or substance or a combination in Class 1, Division 1.4, 1.5 or 1.6.

4. Subject to the alternatives in paragraphs 6 and 7 which may be used instead where appropriate, one of the labels required by Article 5 (3) shall—

( a ) be a square set with its sides at an angle of 45° to the verticle;

( b ) be in the form of the following diagram (the Division number "1.4" and the Compatibility Group letter "G" are only examples); and

( c ) comply with the measurements in the diagram except that—

(i) larger measurements may be used in which case the measurements shall be increased proportionally, or

(ii) where, in order to comply with Article 8 (1), a smaller label is necessary, the dimensions may be decreased proportionally whilst remaining as large as is reasonably practicable for the purpose of such compliance.

5. (1) The Division number appropriate for the contents when in the packaging on which the label is put shall be written in the upper half of the label.

(2) The Compatibility Group letter appropriate for the contents when in the packaging on which the label is put shall be written in the lower half of the label.

(3) Below the Compatibility Group letter, the Class number "1" shall be written in the bottom corner of the label.

(4) The label shall have a line at least 1 mm wide approximately 5 mm inside the edge and running parallel to it.

Alternatives to the provisions of paragraphs 4 and 5.

6. In any case where the hazard classification code is "1.4 S" the label on the outer packaging may be either—

( a ) "1.4S", the numbers and letter being of reasonable size having regard to the dimensions of the package, or

( b ) in accordance with paragraphs 4 and 5 except that the letter may be on the right of the numbers instead of underneath them in which case the numbers and letter shall be of reasonable size having regard to the dimensions of the label.

7. Packaged fireworks which fall within Division 1.4 may be labelled on their outer packaging with the word "FIREWORK" in capital letters followed by the hazard classification code appropriate for the fireworks as so packaged.

An unpackaged article, other than a firework in Class 1, Division 1.4.

8. One of the labels required by Article 5 (4) shall—

( a ) be as described in paragraphs 4 and 5 except that the Division number and the Compatibility Group letter shall be those appropriate for the article when it is not packaged, or

( b ) clearly show the word "EXPLOSIVE" in capital letters followed by the hazard classification code appropriate for the article when it is not packaged, or

( c ) in the case of an article which when not packaged comes within Division 1.4 and Compatibility Group S, clearly show "1.4 S".

Colour of labels described in paragraph 1 to 8.

9. The background colour of the labels shall be orange.

10. Pictographs, numbers, letters and lines shall be in black.

A packaged article or substance or a combination in Class 1.

11. The other label required by Article 5 (1) and (3) shall show in respect of each explosive article or explosive substance, whether or not in a combination—

( a ) its United Nations Serial Number,

( b ) its name,

( c ) if it has been imported, the name and address of, or the monogram of, the importer,

( d ) if it has not been imported, the name and address of, or the monogram of, the manufacturer.

An unpackaged article in Class 1.

An unpackaged article in Class 1.

12. The other label required by Article 5 (2) and (4) shall show in respect of the article—

( a ) its United Nations Serial Number,

( b ) if it has been imported, the name and address of, or the monogram of, the importer,

( c ) if it has not been imported, the name and address of, or the monogram of, the manufacturer.

Outer packaging.

13. The label required by Article 6 (1) shall clearly show in respect of the contents of the outer packaging—

( a ) the word "EXPLOSIVE" in capital letters,

( b ) the total number of any explosive articles and the total nominal mass of any explosive substances,

( c ) the month and year of manufacture or leaving the factory of manufacture, with an indication as to which of the two dates is being given, such information may be given in a manufacturer's code, details of which shall be made available to the Minister,

( d ) a description which enables each explosive article to be distinguished from every other explosive article which is not identical,

( e ) in the case of articles in cord form, the length of cord on each spool,

( f ) in the case of explosive substances in cartridge form, the number, nominal diameter and either the nominal mass or nominal length of each kind of cartridge,

( g ) relevant security code as required.

Inner packaging.

14. The label required by Article 6 (2) shall show in respect of the contents of the inner packaging—

( a ) the word "EXPLOSIVE" in capital letters,

( b ) the name of each explosive substance,

( c ) the total nominal mass of explosive substances or, as an alternative, in the case of explosive substances in cartridge form, their nominal length,

( d ) in the case of explosive substances in cartridge form, their nominal diameter,

( e ) the month and year of manufacture or leaving the factory of manufacture, with an indication as to which of the two dates is being given, such in formation may be given in a manufacturer's code, details of which shall be made available to the Minister,

( f ) relevant security code as required.

Article 6 (1).

SCHEDULE 4

EXPLOSIVE ARTICLES IN RESPECT OF WHICH OUTER PACKAGING IS TO BE LABLLED

In this Schedule "N.O.S." means "not otherwise specified"

Article 6 (1) and (2).

SCHEDULE 5

EXPLOSIVE SUBSTANCES IN RESPECT OF WHICH INNER AND OUTER PACKAGINGS ARE TO BE LABLLED

In this Schedule "N.O.S." means "not otherwise specified"

GIVEN under the Official Seal of the Government this 20th day of

December, 1994.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the classification of explosive articles, explosive substances and combinations and unit loads thereof by the Minister according to the type of explosive hazard which they present and their compatibility with other explosives.

Explosives which are assigned to Class 1 or designated as presenting a significant hazard from explosion must comply whenever they are conveyed or kept and in certain circumstances supplied with the requirements as to labelling set out in the Order.

Copies of the eight revised edition of the Recommendations prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods (mentioned in the definition of "Class 1" in Article 2 (1)) can be obtained from Forbairt, Dublin 9.