Chemicals Act (No. 744 of 1989)

Chapter I No. 744 CHEMICALS ACT August 14, 1989 General Provisions Section 1 Aim of the Act 'lbc aim of this Act is to prevent and avert harm to health and 1he environme!lt caused by chemicals. The further purpose of sections I 6, 17, 20 and 27 is to prevent the risk of fire and explosion caused by chemical~, and that of sections 31-35 to prevent damage to property !hereby. ( l 8.12.1992/ l 4 I 2) The meaning of 'chemicals' in this Act is defined in section 10. Section 2 (18.12.1992/1412) Scope of application This Act shall apply to chemicals and their manufacture, import, placing on the market, distribution, packaging, sale and other assignment, storage, possession and keeping, technical and other use, export, testing, advertising and other compar able handling. Section 44 also applies to products and materials which contain a chemical or which are treated with a chemical. This Act does not, however, apply to: I) the carriage of chemicals by road, rail, air, sea or mail; or 2) chemicals in transit through Finnish territory when they are not stored or otherwise handled in Finland. More detailed provisions on the scope of application of this Act will be enacted by decree. Section 3 Relation to other legislalion The provisions of tlte Water Act (264/6 l), the Act on the Prevention of Marine Pollution (29Sn9) and the Air Pollmion Control Act (67/82) shall apply to restrictions on chemicals released into the environment and treatment of snch discharge. The Waste Management Act (673/78) contains further provisions ou the handling of chemical wasfes and other waste management. The Product Safety Act (914/86) and the Foodstuffs Act (526/41), and subsequent regulations based on them, contain further provisions on consumer protection. The Occnpational Safety Act (299/58! contains. further provisions on the protection of employees. Chapter2 Supervisory Authorities Section 4 Ministries as supervisory authorities The supreme management and control of supervision of compliance with this At:t, and subsequent mies and regulations based on it, shall rest with: 1) the Ministry of Social Affairs and Health in prevent ing and averting harm to health caused by chemicals; and 2) the Ministry of the Environment in preventing and averting damage to the environment caused by chemicals. The Ministry of Trade and Industry shall, however, bear the supreme responsibility for the management and control of supervision of the technical handling and storage of chemicals dangerous for health and the environment. Section 5 Supervisory authorities in the central administration The supreme supervision of compliance with this Act, and rnles and regulations based on it, shall rest with: 1) the National Product Control Agency for Welfare and Health in preventing and averting harm to health caused by chemicals; and 2} the Finnish Environment Institute ln preventing and averting damage to the environment caused by ehemi cab. (17.2.1995n20) The Safety Technology Authority shall, however, bear the supreme responsibility for supervising compliance with mies nud regulations issued on the technical handling and stornge of chemicals dangerous for health and the environ ment. (21.8.1995/1073) Sedion6 Regional supervisory authorities The provincial government and the regional environ ment centre, within their respective nreas of competence, shall direcl and supervise the activities of the local authorities in ~omplying with the provisions of this Act. (17 .2.1995n20) Section 7 Local supervisory authorities On the municipal level, the local board shall supervise compliance with this Act, and rules and regulations based on it, unless the charge is delegated to a committee (municipal supervisory authority for chemicals) under the municipal regulo.tions. The charge may also be delegated to a municipal federation. Section 8 Special supervisory authorities The National Board of Labour Protection shall help to Sllpetvise compliance with the provisions of this Act as provided below. In addition, the labour protection authorities, together with the other supervisory authoritfos defined in the Act, shall supervise c c)assif1cafion, ·1abeUing and safety data sl1ects concerning chemicals used Jt work, the provision of other i11forrnario11, a11d compliance with restrictions and prohibitions on chemicals. Prnvisions on the supervisory procedures used by tt1e labour protection authorities are given in the Act on the Supervision of Labour Protection and the Appeals Procedure in Labollr Protection Matters (l3 lD3). (lS.12.1992/1412) The National Board of Customs shaJI also supervise compliance with me provisions on the import nnd export of chemicals, as provided iu more detail by decree. (l 8.12.1992/ {412) Provisions on the supervisory authorities in the defence forces may beenucted by decree. (18.l2.l992/l4l2) Section 9 Power to issue a <kcree More detailed provisions on the tasks of and cooperation between the supervisory autllorities wi!l be enacteti by decree. Chapter 3 Definitions Section 10 Chemicals For the purpose of this Act 'chemicals' refers to chemical elements and their chemical compounds as they occU( naturally or as produced indllstrially {subs1awes) a\\d mixtures of two or more subGtances (preparalions ). Section 11 Chemkals dangerous for health For the purpose of this Act 'chemicals dangerous for health' refers to chemicals which, if introduced into the body even in small doses, may harJll human hettlth because of their chemical properties. 'Chemicals dangerous for the environment' refers to chemicals which may cause harm to Ii ving nature if released into the environment even in small doses. ( 18.12.1992/ 1412) 'Flammable and explosive chemicals' refers fo chemi cals that may cause a fire or an explosion owing to their physicochcmical properties. (l8.l2.1992Jl412) A her consulting the Ministry of the Environment, the Ministry of Trade and industry and the Ministry of Labour, the Ministry of Social Affairs and Health shall approve a list of the most common tfangcrous chemicals. (18.12.199211412) (Secti.ou l1 repcll\cd December 12, 1992) Section 13 Industrial handling and storage or chemicals For the purpose of this Act 'industrial hatldling of chemicals' refers to the manufacture, technical Jl~e, such ;ts an operation in which a chemical is rn;.ed in a chemical process as a raw material or additive or in which a chemical is produced as an intermediate, or any other comparable handling. fodustrial handling and storage of chemicals shall be divided according to the type of operation and t\le amounl of chemicals concerned, taking into consideration the dangerous character of the chemicals and the handling conditions, into large-scale, mediuJ11-scale and small-scale industrial handling and storage. Section 14 (18.12.1992/1412) Establishment For the purpose of this Act 'establishme111' refen; to any party that mannfactures, imports, places on the market, ~xports, stores, packs, distrihutes,,supplies, possesses, keeps, uses or otherwise handles a cheni'ical in a manner referred to in this Act. Chapter4 General Duties of an Establishment &c\\on 15 Duty to exercise caution Sufficient care and cautioa -:;hall be exercised in lhe manufacture, import and other handling of chemic ah referred to in this Act in order to prevent hann to health and the environme»I, laki.ngfoto consideration the amount mid dangerous character of the chemical. Should careless or incautious handling of a chemical as referred to in this Act contaminate stnicturcs or the environ ment, the establish1nent or ihe patty who caused the contami nation shall ensure thm the strnctures and the environment are cleaned so that they no longer endanger health or the environ ment. Section 16 (18.12.1992/1412) Duty lo obtain information Manufacturers, impo1ters and distributors of a chemical, and other establ\s\uncnts responsible for placing a chemical on the market or for use, shall obtain such information on the physical and chemical ptopc1tics of the chemical they manu facture, import or place on the market or for use and on its effects on health rmd the environment as is reasonably availahlc ,md adequate to meet the requirements set for them by virtue of this Act. Stttion 17 (18.12.1992/1412) Packaging and duty to provide information The manufacturer, importer or distributor of a chemical, or any other establishment that is responsible for placing a chemical on the market or for use, shall ens me that: I) the packaging in which the chetnical b supplied is durable and safe; and 2) the packaging in which the chemical is supplied carries the information, warning labels and instrnctions for use required for safety and identification. If the chemical is not supplied in the packaging refcned to above in paragraph I, the establishment responsible for placing the chemical on the market or for use shall ensure that the recipient receives the in formatio11, warnings aml instruc tions referred to in paragraph I in some other way. The manufacturer, importer or distributor of a chemical, or any other establishment that is rcspon;ible for placing a chemical on the market or for use, shall compile a safety data sheet on a chemical intended for professional use if: l) the chemical has been classified as one dangerous for health or the environment, or as a flammable or explosive chemical; or 2) the properties of the chemical are otherwise such that its handling, nse or storage may endanger health or the environment or cause a risk of fire or e,xplosion. The manufacturer, importer or distributor of a chemical, or any other establishment responsible for placing the chemical on the market or for use, shall provide the recipient with a safety data sheet if the chemical is intended for industrial or other professional use. (Section 18 repealed December 18, 1992) Section 18a (17.2.1995/220) Existing substances The manufacturer or importer of a chemical shall provide infomiation on existing substances in accordance with the provisions of Council Regulation (EEC) No. 793/93 on the evaluation and control of the risks of existing substances. The competent aulborities referred to iu Article 13 of the Council Regulation are, in Finland, 1/ie Finnish Environment Jnslillltc and the National Product Control Agency for Welfare and Health. More detailed provisions on the tasks of and cooper ation between the supervisory authorities will be enacted by decree. Section 19 (18,12.1992/1412) Power to issue a decree and issuance of regulations More detailed provisions on the classification and packaging of a chemical, on the duty to pwvide information and on the advertising of a dangerous chemical shall be enacti:.d by decree. The Ministry of Social Affairs and Hci.lth shall issue detailed regulations on the warning labels, packaging and classification of chemicals, and the Ministry of the Environ ment shall, if necessary, issue regulations on the enforcement of the Council Regulation referred to in section l8a above and of the European Communities provisions issued pursuant to fl1is Regulation. (2.8.19941720) The Ministry of Labour shall issue more detmlcd regulations on the safety data sheet. Chapter 5 Notification of a New Substance Section 20 Notification duty The manufacturer or a representative designated by the manufacturer (notifier) shall notify the Nationi.l Product Control Agency for Welfare and Health of any new substance. Notification shali also be made of any new substance con tained in a preparation. (8.12. 1994/ l l 47) A substance shall be rnnsidercd new if it has not been in use before lhi,; Ac! elllcrs info force. The Ministry of Social Affairs and Health shall issue more detailed regulations on the substances subject to the notification duty. The Ministry may then order that a substance shall not be subject to the notitk ation duty if, taking into consideration the use of the substance abroad, this can be deemed justified. The notification shall provide information on the new substance and its properties and use. Section 21 (3.8.1992/766) Reslrictions on release A new substance or a preparation containing a new substance shall not be placed on the market before a time enacted by decree has passed from making t/1e notification referred to in section 20. (18. 12.1992/1412) lf the Nilfional Product Control Agency for Welfare and Health requests the notifier to supplement an incomplete notification, the period stipulated in paragraph I shall begin when the completed notification has arrived at !he National Prodt1ct Control Agency for Welfare and Health. (s. n 1994n 147) Section 22 (8.12.1994/1147) Amended notification Notifiers shall submit an amended notification to the National Product Control Agency for Welfare and Health if they receive new information <ma substance referred to in section 20 or on its effects on health and the environment, or if there is an essential change in 1he intended use of said substance or a preparation containing said substance, or in the amounts manufactured and imported. Section 23 (8.12.1994/1147) Additional data In adtlition to the data required in the notification, the National Product Control Agency for Welfare and Health may, as enacted in more detail by decree, require the notifier to submit more data on the substance and its pl'Operlies and effects and to carry out new investigations on these aspects if this is considered essential in order to assess the risk of the substance. Section 24 Power to issue a decree More detailed provisions on the notification of new substances will be enacted by decree. The decree may grant exceptions to the notification duty and provide that the Ministry of Social Affairs and Healch shall issue more detailed regulations on notification. Chapter 6 Advanre Approval of a: Chemical Preservative Section 25 Duty to obtain approval The manufacturer or importc, shall obtain the approval of the Finnish Environment Institute (advance approval) for a chemical which is intended to be used: 1) for wood treatment ro pro feet wood fwm deterioration or damage caused by hmmful organisms (wood pre servative); or 2) in a cooling and circulating water system to prevent the formation of slime and clogging caused by growth of hannful micro-organisms or for the protection of chemical and mechanical pulp from deteriorntion or damage caused by harmful organisms (slimicide). (17.2.1995/220) A wood preservative or slimicede (chemical preserv alive) shall not be manufactured, imported, released for sale or used without advance approval. An approved chemical preservative shal! only be used for the approved purposes, following the approved in.~/mctions for use. Section 26 Notilicntion duty (17.2.1995/220) If a wood preservative is intended for use as a paint, it may be manufactured and imported wia1out advance approval. The manufacturer or importer of said wood preservative shall submit a notification to the Finnish Environment Institute 45 days before the chemical is to be released for sale or taken into use. A chemical preserv.1iive may be manufactured and released without advance approval if the chemical is intended only for export. The Finnish Environment Institute shall be notified of such manufacture. Conespondingly. tests with a chemical preservative may be made without advance approval in order to determine its properties. effects and utility. The Finnish Environment Institute shall be notified of such tests, unless tl1c matter concerns a laboratory test or other corresponding minor test. Section 27 Conditions for advance approval A chemical shall be approved for use as a chemical preservative if it is suitable for the intended use and if, when used according to the instructions. the chemical or the material treated with it will not cause obvious harm to health or the environment. The Finnish Environment Institute shall, when approv ing a chemical preservative, approve the intended use and instructions for use. The necessary conditions and instmctions may be appended to the approval. The approval may also be granted for a stipulated period. ( 17 .2.1995/220) Section 28 Revocation of advance approval (17.2.1995/220) 'Ille Finnish Environmc,nt Institute may revoke an advance approval or change the conditions of it if, following approval, it is shown that the chemical preservative no longer fulfils the conditions set out in section 27. paragraph I, or the conditions appended to the approval. Section 29 Handling the notification The Finnish Environment Institute may, after receiving the notification referred to in section 26, paragraphs 1 or 3. issue the regulations and instructions concerning the chemical prcservaiivc which are necessary to pn•vent harm to health a11d the environment. ( 17 .2.1995/220) The provisions in ~ection 28 on revocation of advance approval shall correspondingly apply to the prohibition or restriction of use of the wood preservative referred to in section 26, pawgrnph l. Section 30 Power to issue a decree More detailed provisions on the advance approval and use of chemical preservatives shall be enacted by decree. The decree may grant exception~ from Lhe duty to obtain approval for and make notification of chemical preservatives and provide that the Ministry of the Environment may issue more detailed regulations thereon. Chaptcr7 Industrial Harulling, Starage and Supply of Chemicals Dangerous for Health and the Environment Industrial handling and storage Section 31 General requirements In the industrial handling and storage of chemicals the establishment shall observe such care and caution as can reasonably be expected, talting into consideration the amount, dangerous character and handling conditions of the chemical. When siting facilities for the industrial handling or storage of chemicals, due cons.ideration shall be given to the risk of acddents to people, the environment and property. When planning and building facilities, stores, buildings im<l equipment, due consideration shall be given lo stmctural and other technical requirements for the prevention of acci dents. When using facilities and stores, due care shall be taken in the maintenance of strnctures and equipment in order to avoid changes in them during use which might increase the risk of accidents to people, the environment or prope1ty. Section 32 Permit requirement and notification duty Large-scale and medium-scale industrial handling of chemicals dangernus for health and the environment shall be allowed only with a permit from the Safety Technology Authority. (21.8.1995/1073) Litrge-scale storage ()f chemicals dangerous for health and the environment shall be allowed only with a permit from the Safety Technology Authority, and medium-scale storage only after the Safety Technology Authority has been notified. (21.8-1995/1073) Small-scale industrial handling and storage of chemicafa dangerou~ for health and the environment shall be allowed only after the relevant municipal supervisory authority for chemicals has been notificu before starting the operations, Exceptions to the notification procedure may be enacted by decree. ( 18.12.1992/1412) The establishment shall notify the appropriate super visory authority of any essential changes in the operations referred to in paragraphs I, 2 and 3. If an extension or a change concerning large-scale industrial handling or srnrage or medium-scale industrial handling is essential for safety, a peonit is required. Similarly, a medium-scale store must be inspected before any extension or change is implemented. ( [8.12,1992/1412) Section 33 Conditions fo:r granting a permit and processing notifications The permit.referred to in section 32 may be granted only if the requirements referred to in section 31 have been met. The conditions necessary for fulfilment of these requirements may be appended to !he pennit. After the Safety Technology Authority has received the notification referred to in section 32, paragraphs 2 and 4, it may issue any regulations necessary for the opera.lions concerned to make them fulfil the require ments referred to in section 3 l. (2 l .8.1995/1073) The Safety Technology Authority may revoke a pennit granted for industrial handling or storage, either for a specified period or totally if the operations do not comply with the requirements referred to in section 31 or stipulated in the permit conditions, or if the operations otherwise essentially violate the provisions of this Act or rules or regulations issued by virtue of it. (21.8.1995/1073) Similarly, the municipal supervisory authority for chemicals may issue regulations referred to in paragraph 1 aftl'".r it has received the notification referred to in section 32, paragraphs 3 and 4. (18.12.1992/1412) Section 33a (10.6.1994/472) Environmental impact assessment An environmental impact assessment report must be presented in order to obtain a permit in accordance with paragraph 32 of this Act for a project referred to in die Act on Environmental Impact Assessment Procedure (468/94). Insofar as this report contains the information on environmental impact necessary for applying the provisions of this Act, no new report on such impact need be presented. The decision must reveal how the assessment done in accordance with the Act on Environmental Impact Assessment Proced11re has been taken into account. (Section 34 repealed December 18, 1992) Section 35 Power to issue a decree More detailed provisions on the industrial handling and storage of chemicals dangerou~ for health and the environ ment, determination of the permit requirement and nofifirntion duty referred to in section 32, and the pennit and notification procedure and inspections connected with these procedures shall be enacted hy decree. Establishments must provide accounts on the safety of industrial }!andling and storage, as enacted 111 more detail by decree.(] 8.12.1992/1412) Establishments must, to the necessary extent, provide information on safety measures and give instmctions on action to be taken in case of an accident entailing serious danger, as enacted in more detail by decree. ( 18.12.1992/ ! 412) The Minislly of Trade and Industry m,ty be granted by dcc(ee tlle tight to issue mow detailed regulations on the industrial handling and storage of chemicals. (21.8 .1995/1073) The following may also be enacted by decree; 1) exceptions to the permit requirement and notification duty provided in section 32; 2) the special duty of an establishment engaged in the operations referred to in section 32 to employ a suitably qualified supervisor for the industrial handling and storage of chemicals; 3) the duty of an establishment engaged in the oper ations referred to in section 32 to keep records on its operations; 4) the reports to be made on accidents in industrial handling and storage; and 5) warning labels of stores, containers and equipment cont,1ining chemicals dangerous for hcrilth and the environment. ( 18.12.1992/1412) Section 36 (21.8.1995/1073) Harmonizing instructions 1be Safety Tech.nology Allthority may issue technical and safety instructions concerning industrial handling and storage of chemicals in order to harmonize provisions of this Act and the rules and regulations issued under it. (Sections 37-40 repealed December J 8, 1992/1412) Section 41 (18.12.1992/1412) Power to issue a decree Provisions on the following may be enacted by decree: I) the release for retail sale of dangerous chemicals; 2) conditions for the release of chemicals dangerous for health from a pharmacy; 3) Lhe right of the Ministry of Social Affairs and Health to regulate the retail sale of chemicals dangerous for health and narcotic chemicals; and 4) the duty of the recipient of chemicals dangerous for health to give the supplier the necessary information regarding the recipient, user and intended use of the chemical. Supply of chemicals for export Section 42 (18.12.1992/l412) Notification procedure Whosoever exports any chemical to which this Act applies shall provide information on the chemical subject to notification in accordance with the provisions of Council Regulation (EEC) No. 2455/92 concerning the expo1t and import of certain dangerous chemicals. In Finland, the competent authority referred to in Article 3 of the Council Regulation is the Finnish Environment Institute. If necessary, the Ministry of the Environment shall issue more detailed regulations on the enforcement of the aforementioned Council Regulation and the European Communities provisions issued under it. (J 7.2.1995/220) Whosoever supplies for export a chemical which is not subject to notification under paragraph I and the handling of which has been terminated in order to protect health or the environment, or the handling of which is prohibited or strictly regulated, shall notify the Finnish Environment Institute of the export of the chemical. The chemicals covered by this notification procedure shall be specified by decree. ( 17 .2.1995/220) More detailed provisions on the notific;ition procednrc and the notification duty and on exceptions to them will be enacted by decree. The Ministry of the Environment may issue more detailed regulations on the supply of chemicals for export. Chapter 8 Prohibitions and Restrictions Section 43 (18.12.199Z/1412) Prohibitions on the handling of chemicals If a chemical or its use is shown to cause, or there is justifiable reason to believe that it causes, substantial hann to human health or the environment, the Council of State may prohibit the ffi\lllufacture, import, placing on the market or other supply, cxpo1t, use and other comparable handling of the chemical and regulate the restrictions and conditions concern ing said operations. If prevention of the harm referred to in paragraph I requires immediate measures, provisional regulations on the necessary prohibitions and restrictions may be issued by the National Product Control Agency for Welfare and Health in respect of health risks. and the Finnish Environment Institute in respect of environmental risks. In such cases the matter shall be submitted to the Council of State for a decision without delay. ( 17 L l 995/220) Secti.01144 (18.12.1992/1412) Prohibition on the handling of a product and materials The Council of State may, in issuing the prohibition or rei;\riction refon:ed to in section 43, prohibit the manufacture, import, placing on the market or other supply, export, use and other comparable handling of products or materials which contain, or have been treated with, the chemical in question and isslle restrictions and conditions on such operations. Section 44a (18.12.1992/1412) Enforcement tasks The Council of State may, in issuing the prohibition or restriction referred to in section 43, paragraph 1, or in section 44, at the same time assign tasks related to the enforcement of its decision to the supervisory authorities of 1hc- Chemicals Act. Section 45 (18.12.1992/1412) Prohibitions and restrictions by the supervisory autho1ities If this Act or rules or regulations issued under it are violated in the manufacture, import, placing on the market or other supply, storage, distribution, use or other handling of chemicals referred to in this Acl, the competent supervisory authority may prohibit the establishment from continuing or repeating the operations il1 violation of the rules and regu lations, and order the said establishment othc1wise to meet the obligations set out in the Act. In cases referred to above in paragraph 1, the National Product Control Agency for Welfare and Health, in order to prevent health risks, and the Finnish Environment Institute, in order to prevent environmental risks, may issue regulations on the placing of the chemical on the market, on the return procedure or on the notification of an existing risk, or may require that the chemical be rendered hannless, as appropriate. ( 17 .2.1995/220) If a local supervisory authority of the Chemicals Act considers it necessary, in a case referred to in paragraph J, to take measures referred to in paragmph 2, the Sllpervisory authority must make a proposal to this effect to the National Product Control Agency for Welfare and Health with respect to health risks and to the Finnish Environment Institute with respect to environmental risks. ( I 7 .2.1995/220) Section 46 Provisional measures concerning chemicals The competent supervisory authority sliall have the tight to stlpulate provisional measures to be observed in respect of a chemical if, under this Act, the establishment or some other party does not have the right to manufacture, import, store, supply, use or handle the !.:hemical in other ways referred to in this Act and docs not supply t11e chemical to someone who has this right, or if they do not supply the chemical for export. The establishment shall bear the costs of the provisional measures. Chapter 9 Supervision Section 47 Right to be informed and inspection right The supervisory authority shall have the right to obtain the information necessary for supervision of compliance with this Act and rules and regulations under it from lhe establish ment, the owner of the chemical or other person subject to lhc obligatio11s of this Act and mles and regulations issued under it. The supervisory authority shall have the right to carry out inspections, other than in dwellings, necessary for the supervision of compliance with this Act and ru\cs \\\Id regu lations issued under it. Section 48 Right to receive samples and carry out tl!Sts If the supervisory authority does not otherwise obtain information concerning a !.:hemical, said authority shall have the right to receive, free of charge, a sample of the chemical sufficiently large to enable detenninatio11 of \he dangerous character of the chemical. The establishment shall bear the reasonable costs of sucn tests of the quality, composition or other property of the chemical. Before beginning the tests the establishment shall be given an opportuwity to e:1-press an opinion. The establishment shall be informed of the test results. Section 48a (18.12,1992/1412) Submitting information on a chemkal For the pm-pose of enforciug the international agree~ ments approved by Finland, an establishment responsible for placing a chemical on the market shall submit information on lhe ch.cmicals placed Oil the market to a ~eparately designated body, as enacted in more detail by decree. This information can be used in giving instructions on medical treatment and preventive instructions needed for the health risks caused by the cl1emicals. The manufacturer, impo1ter or distributor of a chemical, or any other establishment responsible for placing the chemical on the market or for use in Finland, shall provide information on the chemical referred to in section J 7, paragraph 3, to the National Board of Labour Protection using a safety data sheet. More detailed provisions on the use of a safety data sheet for submitting information shall be enacted by decree. Detalled regulations on Jmw to submit information shall be given in decisions issued by the Ministry of Labour. Section 49 Obtaining infol"mation from another authority Authorities charged with the supervision of chemicals under this Act or other provisions shall have the right to obtain the information necessary for supervision from other such authorities and to use samples acquired by such other auth oritie!'. for the necessary tests. The authority receiving the information shall be subject ro the same confidentiality duty as provided under section 59 for the authority supplying such information. ${>.ction 49a (lS.12,199211412) Internntimml exchange of information The supervisory authorities may give the information required in international agreements approved by Finland to foreign bodies, international organizations and ~tates partici pating in coopetafom, as defined in such agreements. ln giving personal data abroad, the provisions of the Personal Data File Act ( 4 71 /87) shall be complied with. Section 50 Executive assistante The police and, in respect of the i111po1t and export of chemicals, the Customs slmll provide executive assistance for the supervision of compliance with, and implementation of, fiiis Act and rules and regulations issued under it. Chapter 10 Coercive Means and Sanctions Section 51 Conditional fine and threat of performance at the defaulter's expense The supervisory authority may enforce a prohibition or order issued by it under this Act with the conditional impo sition of a fine or with the threat of performance at the de faulter's expense. The order for payment of a conditionally imposed fine shall be issued by the provincial government. 'Jbe Safety Technology Authority shall, however, issue the order for payment of a conditional fine imposed by it. (21. 8.1995/1073) The cost of performance at the defaulter's expense shall be paid in advance from State funds or, should the perform ance be based on the decision of a municipal authority, from municipal funds. The costs may be collected from the defaulter without separate court judgement or decision, in accordance with the Act on the Execution of Taxes and fee, (367 /6 l ). Section 52 PenaUies Whosoever 1) manufactures, imp01ts, expo1ts, stores, supplies, possesses, keeps, uses or tests chemicals, or engages in other operations referred to in this Act in violation of lhis Act ur rnlcs ur regulations under it; 2) fails to apply for the advance approval referred to in sec!ion 25, to apply for the permit referred to in section 32, to make the notification referred to in sections 20, 26 or 32, to compile and provide the safety data sheet, referred to in section 17, paragraph 3, or to provide the i11furmatio11 referred to in section 18a; 3) violules a prohibition or restriction issued under section 43, or violates orders issued by supervisory authorities under section 33; or 4) neglects the notification duty laid down in section 42, paragraph 2 or the duty to provide information pre scrikd in Arliclc 4 of Conncil Regulation [EEC) No. 2455/92 concerning the export and import of certain dangerous chemicals, or violates the provisions of Article 7 on the packaging and labelling of chemicals or the decision of the country of destination referred to in Article 5 and Appendix ii of the Regulation, shall, ' unless a more severe punishment is prescribed else where in the law, be sentenced to a fine or to no more than six months' imprisonment for a chemical violation. (2.8.1994/720) If the act referred to iu paragraph I has been committed deliberately or through gross negligence or if the act has caused consii1erable detriment to health or the environment, the offender shall, unless more severe punishment is provided for elsewhere in the law, be sentenced to a fine or to imprison ment for at most two years for a chemical offence, The penally for viol,1/ion of /he confidenffalily duty laid down in section 59 shall be imposed according to section I or 2 of chapter 38 of the Penal Code, unless tl1e act is subject to punishment according to chapter 40, section 5 of the Penal Code or a more severe punishment is provided elsewhere in the. Jaw, (2J.4J995/706) The possibility exists that whosoever violates a prohib ition enforced by the conditionaJ imposition of a fjne under this Act may not be sentenced to punishment for one and tlie same act. (21.4.1995/706) Section 52a (21.4.1995/106) Reference provision concerning the penalties The penalty for damaging the environment in violation of this Act is provided in chapter 48, sections 1-4 of'thc Penal Code. Section 53 l'orfeiture Chemicals dangerous for health or the environment, which have been manufactured, imported, exported, stored, supplied, possessed, kept, or otherwise used in violation of this Act or rules and regulations issued under it, may be forfeited to the State in full or in part. If forfeiture of a chemical is not possible, the value of lhe chemical may correspondingly be forfeited in full or in part. The provisions of chapter 2, section 16 of the Penal Code shall otherwise apply to forfeiture of the economic gain resulting from the offences referred to above in section 52 and to forfeiture of an object or other property used in the com mission of such offences. Section 54 (18.12.1992/1412) Notification of a court decision When an establishment as referred to in section 32 has been sentenced under section 52, the court shall inform the authority which has issued the permit or received the notifi cation of the sentence as soon as the sentence becomes legally final. Chapter 11 Appeal and Execution of the Decision Section 55 Appeal A decision of a municipal authority based on this Act shall be subject lo ordinary appeal to the provincial court as stipulated in the Administrative Appeals Act (154/50). A provisional prohibition or restriction issued by the National Product Control Agency for Welfare and Health or the Finnish Environment Institute under section 43, paragraph 2, shall not be subject to appeal. A decision by a supervisory authority on the conditional imposition of a fine under section 5 l shall not be subject to separate appeal. ( 17.2.1995/220) Section 56 (18.12.1992/1412) Enforcement A decision made under section 28 or 29, section 33, paragraph 2, section 42, 45 or 46, section 66, paragraph I, or section 68, paragraph 3, may stipulate that the decision must be observed notwithstanding appeal, unless the appellate authority orders otherwise. Chapter 12 Miscellaneous Provisions Section 57 (8.12,1994/1147) Testing laboratories Tests for the authorities regarding the physical and chemical properties of chemicals and tests regarding their health and environmental effects, as stipulated in this Act and rules and regulations issued under it, may only be carried out by a laboratory approved as an authorized testing laboratory by the National Product Control Agency for Welfare and Health or by some other laborato1y in compliance with the principles of good laboratory practice. The personnel shall be competent and the premises and equipment of the laboratory shall be suitable for the purpose. The National Product Control Agency for Welfare and Health may attach conditions, restrictions and guidelines to the approval of the laboratory. The authorized testing laboratory shall inform the National Product Control Agency for Welfare and Health of essential changes in its operations. The National Product Control Agency for Welfare and Health may revoke its approval of the testing laboratory if the laboratory no longer fulfils the approval conditions or if it does not follow the conditions, restrictions and guidelines laid down for its operations. Section 57a (18.12.1992/1412) Protection of laboratory animals Laboratory animals shall not be subject to unnecessary suffering when the properties of chemicals are studied and tested. In addition, the numbers of laboratory animals shall be kept as low a;; needed in order to provide reliable test results. Provisions on the protection of laboratory animals are given in the Act on Prevention of Cruelty to Animals (91n 1 ). Section 58 Chemicals register Supervisory authorities shall keep a register (chemicals register) of notifications, permit applications and approval applications made according to this Act and of their own decisions thereon. Other information necessary for the supervision of compliance with this Act and rules and regu lations nnder it may be recorded in the chemicals register. Further provisions on the chemicals register and its use wm be enacted by decree. Section 59 Confidentiality Whosoever, in supervision of compliance with this Act, or in the performance of research work or some other support ive work, has obtained infonnation regarding a person's financial standing, business or professional secrets or private personal circumstances, shall not, without the consent of the per~on in question, reveal such information to a third party or use it for his private benefit. What is provided in paragraph 1 shall not prevent the provision of information under section 49 nor the provision of infonnation to the prosecuting or police authorities for criminal investigation purposes. Section 60 Charges The bases for charges and the sums to be collected on products and services provided by the authorities are deter mined in accordance with the Act on the Basis for the Assess ment of Payment for State Services and Products ( 150/92) separately for each administrative sector, by decision of the relevant ministry. (l 8.12.1992/1412) Collection of the charge may be waived in full or in part if the charge would be umeasonable in view of lhe insignifi cant use of the chemical or for some other reason. Section 61 (3.8.1992/757) State subsidy to local authorities Unless otherwise provided by law, the Act on Planning and State Subsidies in Social Welfare and Health Care (733/ 92) shall apply to activities organized by a local authority under the present Act. Section 6, paragraph l, sub-paragraphs l and 2 of the Act on Planning and Slate Subsidies in Social Welfare and Health Care shall not apply to activities under this Act. (Section 61a repealed August 3, 1992) Seetion 62 General power to issue a decree More detailed provisions on the implementation of this Act will be enacted by decree. A decree enacted under this Act may provide that the competent ministry may issue more detailed regulations on the implementation of this Act and on the application of a decree enacted on the basis of this Act. Chapter 13 Entry into Force and Transitional Provisions Section 63 Entry into force l11is Act comes into force on September I, 1990. Obligations concerning chemicals dangerous for the environ men! as referred to in sections 17, 32, 33 and 35 of this Act, shall come into force on a date stipulated by decree. (28.6. 1993/558) Measures needed to enforce this Act can be taken before it comes into effect. This Act repeals the Poisons Act (309/69) of May 16, 1969, and later amendments. Decisions of the Ministry of Social Affairs and Health issued under the Poisons Decree (492/80) concerning Lhe poison register and the labelling and classification of poisons shall remain in force until otherwise provided or ordered under this Act. Section 64 Application of provisions concerning poisons and poisonous substanees and preparations Provisions issued before this Act comes into force on poisons or on poisonous substances and preparations shall, after this Act comes into force, continue to apply to chemicals dangerous for health as referred to in this Act. The provisions of this Act on chemicals dangerous for health shall, when this Act comes into force, also apply to poisons and poisonous substances and preparations referred to in provisions issued before this Act comes into force. Section 65 (28,6.1993/558) Supply of the safety data sheet A manufacturer, importer or distributor of a chemical, or any other establishment responsible for the placing of the chemical on the market or for use, shall draw up the safety data sheet referred to in section 17 on a chemical classified as dangerous for the environment or on a chemical posing a risk to the environment, not later than a date stipulated by decree. Section 66 Advance approval of a chemical preservative Chemicals declared wood preserving poisons under the Poisons Act may be supplied and used without advance approval or the notification referred to in section 26, paragraph 1. The provisions of this Act on chemical preservatives sha11 otherwise apply to wood preserving poisons. The Finnish Environment Institute may, however, require that such chemical preservative be submitted for renewed approval. ( 17 .2.1995/220) Whosoever manufactures or imports a chemical preservative other than that requiring approval referred to in paragraph 1, shall apply for advance approval within one year of the entry of this Act into force. The same shall apply to the notification of chemical preservatives referred to in section 26. Such chemical preservatives may still be manufactured, imported, supplied and used until a decision has been made on the application or notification. (Section 67 repealed December 18, 1992) Section 68 (21.8.1995/1073) Pennit and notification of industrial hm1dling and storage Whosoever lms the right under the Poisons Act to manufacture a poison or the right to manufacture, make technical use of, store or handle a flammable liquid as referred to in the Flammable Liquids Decree (92ln6), or whose operations have been approved by the fire authorities follow ing the inspection referred to in said Decree, need not apply for the permit fm industrial handling and storage or make the notification referred to in section 32, paragraphs I and 2. The Safety Technology Authority may issue conditions and restrictions on the industrial handling and storage rcfened to in paragraph l if this is deemed to constitute a significanr fr,k to health or the environment. Section 68a (18.12.1992/1412) Permit and notification of the industrial handling and storage of a chemical dangerous for the environment TI1e permit for the industrial handling and storage of a chemiciil dangerous for the environment, or lhe notification referred to in section 32, paragraphs 1 and 2, of this Act. are l\ot needed if the party in question: l) has the permit referred to in the Decree on the Industrial Handling and Storage of Dangerous Chemi cals (682/90) for the industrial handling or storage of chemicals or has made rile notification referred to in said Decree on the industrial handling or storage of chemi cals; (28.6.1993/558) 2) has !he applicable right referred to in the Poisons Act, to manufacture a poison; 3) has the right to manufacture, make technical use of, slore or handle a flammable liquid as referred to in the Flammable Liquids Decree; or 4) has had his operations inspected and approved by the fire authorities, as stipulated in the Flammable Liquids Decree. An establishment that has no permit or approval. as referred to in paragraph 1, for the operations in question, or that has not made the notification referred to in paragraph 1 on the operations, shall make a notification on any indnstrial hrmdling or slornge referred to in section 32. paragraphs 1 and 2, that started before this Act comes into force, to the Techni cal Inspection Centre or its district office not later than a date stipulated by decree. (28.6.1993/558) The Safety Technology Authority may issue conditions and restrictions on the industrial handling and storage referred to in paragraphs l and 2 if this is deemed to com,titute a significant risk to the environment. (21. 8.1995/ l 073) Section 68b (18.12.1992/1412) Notification on small-scale industrial handling and storage The notification 011 small-scale industrial handling and storage referred to above in section 32. paragraph 3 need not be made if the party in question: 1) has the applicable right rcfcJTed to in the Poisons Act, to manufacture a poison; 2) has the right to manufacture, make technical use of, store or handle a flamm:ible liquid as referred to in the Flammable Liquids Decree; 3) has had its operations inspected and approved by the fire authorities, as stipulated by the l<lammahle Liquids Decree; (28.6.1993/558) 4) has mac.le the notification referred to in section 36, as it appeared in the Act (744/89) issued on August 14, 1989; or (28.6.1993/558) 5) has made the notification referred to in the Decree on the Industrial Handling and Storage of Dangerous Chemicals on small-scale industrial handling or storage of a flammable liquid or a flammable gas to the munici pal fire chief. (28.6.1993/558) An establishment that h:is no permit or approval, as referred to in paragraph 1. for the operations in question, or that has not made the notification on the operations, shall make a notification on any industrial handling or storage referred to in section 32, paragraph 3, that started before this Act comes into force, to the municipal supervi&ory authority for chemicals not later than a date stipulated by decree. (28.6.1993/558) The municipal supervisory authority for chemicals may issue conditions and restrictions on the small-scale industrial handling and storage referred to in paragraphs I and 2 if this is deemed to constitute a significant risk to health or the environ ment. (Section 69 repealed December 18, 1992) Section 70 Proced11re in matters pending Any action taken under the Poisons Act and still pending before the National Agency for Welfare and Health, the Technical Inspection Centre, a provincial government or a local health committee when the present Act comes into force shall be considered and decided on the basis of the provi~ions of lhe Poiso11s Act.