Act No. 85 relating to toxic and hazardous substances

ACT No. 85/1968 relating to Toxic and Hazardous Substances SECTION I INITIAL PROVISIONS Toxic and Hazardous Substances Art. 1 Toxic substances (strong poison; poison) under the prese-nt Act are such substances as are recorded in lists I and II in supplement I to the Act as well as any chemical composition and goods containing such substances in a form and quantity causing the normal use thereof to constitute danger of poisoning in humans and animals in the opinion of the Director General of Public Health after his having had the views of the Committee Hazardous substances under the present Act are such sub stances as are recorded in lists Ill, IV A, IV B an~ V in supplement II to the Act as wel~ as any chemical composition and goods containing such substances in a form and quantity causing the normal use thereof to endanger the health of humans and animals in the opinion of the Director General of Public Health after his having had the views of the Committee on Toxic Substances (cf. Art. 2). The Committee on Toxic Substances Art . .2 The Minister will appoint 4 persons to a Committee on Toxic Substances for 6 years at a time in accordance with pro posals from the Director General of Public Health. One of the members of the Committee shall be a tOXicologist, and he shall be the Committee Chairman. Another member of the Committee shall be a graduate of pharmacy, A third member of the Committee shall be a chemist (chemical engineer) and the fourth shall be a hygieni$t or a person having special knowledge o£ hygiene. The Committee on Toxic Substances will submit proposals relating to amendments and supplements to lists covering toxic 2 and hazardous substances 1 cf. Art. 1. The Committee will also, acting under the superviSion of the Director General u£ Public Health, submit proposals relating to the preparation of new lists if required and to other factors pertaining to the present Act. The Committee shall prepare a list of toxic and hazardoqs substances approved for use in agriculture and horticulture and ~nr thA ~ytArm;n~tion of vp.rmio, cf. Art 14. The Committee on Toxic Substances may be called upon to give advice on the execution of other Acts, if necessary (cf. also Art. 15, para. 1). When the Commlttep consider toxic and ha~ardous sub stances used in horticulture, agriculture or grass cultivation, a person having specialized knowledge of such matters and being appointed by the Ministry of Trade will take a seat on the Committee. The Committee may call upon specialists in an advisory capacity if necessary. Costs incurred in the work of the Committee on Toxic Substances shall be paid by Lhe Tr~asury. The Minister will lay down in Regulations further pro visions relating to the sphere and functions of the Committee on Toxic Substances. Art. 3 The provieione of the present Act do not apply to toxic and hazardous substances if these are used in accordance with the provisions of: 1) The Act on Drugs and Sale of Medicines No. 30, April 29th, 1963 (medicines, veterinary drugs), 2) The Act respecting the Destruction of Minks and Foxes No. 52, June 5th, 1957 pi. Act No.9, March 19th, 1964, provided that the use of toxic and hazardous substances for this purpose is not authorized without the approval of the Committee on Toxic Substances (cf. also Art. 5, para. 3), ~) The Act respecting Safety Measures at Work Stations No. 23, Feb. 1st, 1952, 4) The Act respecting the Importation, Sal~ and Handling of Firearms, Ammunition, all kinds of Explosives and parts and material therefor No, 69, June 23rd, 1936, 3 5) The Act respecting Safety Arrangements against Ionizing Radiation from Radioactive Substances or Equipment Pro ducing Ionizing Radiation No. 95, Dec, 20th, 1962. SECTION II PROVISIONS RESPECTING TOXIC SUBSTANCES Production of Toxic Substances Art. 4 Toxic substances may be produced only by those having obtained the Minister~s permission to do so and provided that the Director of Safety Measures and the Committee on Toxic Sub stances recommend the granting of such permits. The mixing and dilution of toxic substances and packing into ~al~ahlecontain~r~ and pa~klng m~ter1al. incl11ding re packing and repouring as well as the impregna~ion of cloth, shall be considered to constitute production unless otherwise decided (cf. Art. 5, para. 2). Acceptance of Toxic Substances Art. ~ Only the following parties may accept, purchase, sell or import toxic substances: 1) Producers of toxic substances, cf. Art, 4, 2) Managers of cbemical manufac~uring f~rms, chemical plants or other firms having notified the Director of Safety Measures that the operation or manufacturing ac tivities of the firm require specific toxic substances, 0) TIlt: ,3l.aLt: IIlI.lJu.L"l, u£ D.L·U~b ,unl MtHll\.,;!lIt:e, ul,.ht:.L" ! utHll\.,;.lutl manufacturers and wholesale firms dealing in medicines, 4) Apothecaries and physicians (veterinary surgeons) licenced to sell medicines, 5) Retail outlets having been licensed by the Minister to sell toxic and hazardous substances for use in agriculture and horticulture and for the extermination of vermin, 6) Hospitals and approved laboratories, 7) Individuals, 18 years of age and thereover, presenting to the parties under clauses 1 - 5 special applications for poisons or other valid licences for the purchase of toxic substances cf. Art. 6. 4 Firms specified in clauses 3, 4 and 5 above and dealing in toxic substances are, however, authorized (cf. Art. 4, para. 2) to weigh these apart, mix or dilute and repack or repour these into new saleable containers. These provisions respecting sale and importation also apply to toxic substances for the extermination of minks and foxes (cf. Art, 3, clause 2). Purchase of Poison bl Individuals Art. 6 Individuals may purchase toxic substances for their own use provided they present special poison applications or other valid licences for the purchase of toxic substances, cf. clause 7, para. ~, Art. 5, The Chief of Police will issue poison applications. Delivery will be made once only against the selfsame poison application in case ·of a substance specified in list I, but thrice in case of a substance speoified in list II. POison applications will remain valid for a year at the most as of the date of issue. In case tradesmen or other individuals use specific toxic substances permanently in their work~ li~ences for the purchase thereof and remaining valid for 1 - 3 years at a time may be granted. Further provisions relating to the issue of poison ~pplip.ations and other corresponding licences, the;i.r delivQry and preservation, shall be laid down in Regulations. Instructions to be laid down in Regulations (cf. Art, 14) snail oe an~ded oy LU reSFect o~ t~e Furc~ase o~ toxic substances for use in agriculture and horticulture and for the extermination of vermin. Delivery of Toxic Substances Art. 7 Toxic substances may be sold or delivered only to those being 18 years of age or thereover, Toxic substances may not be delivered in case there be reason for assuming that the parties concerned might endanger themselves or cause harm to others by means of the substances due to mental derangement, iJ1Luxi~alion, immaturity, unruliness or ignorance etc. 5 Only firms and individuals referred to in clause 1 - 5, para. 1, Art. 5, may deliver and sell toxic substances. Firms under clause 2 may sell toxic substances only provided these form a part of their normal production. It is permissible to sell in the open market goods containing specific toxic sub stances provided that instructions relating thereto which will be laid down ill Rl;;lgulaliuIH:; (cr. At-l, 16) be hl;;ltHll;;ld. Su<..:h I;;lX emptions from Art. 5 of the Act shall be specially announced (cr , Art. 21). Art. 8 ~oxic substances shall be delivered and sold in strong ~lld wt::11 l;3.U~t::U l;ullli:l~lIt:Jt·l:j. Tilt:::' c...:uulu.1nerl:l l:llJa11 lJe or SU<..:h appearance or so clearly marked that these will not be confused with containers used for medicines, foodstuff and fodder or other harmless substances. The contents shall be stated on the containers and these and the outside packing of toxic substances shall have Icelandic poison markings as well as the requisite inscription respecting caution cf. Art. 17. Poison markings may not be used on containers and packing forsubstanoas o t ho'r- than those reoorded in lists I and I I unless this be specifically authorized in Laws or Regulations. Keeping of Toxic Substances Art. 9 Firms and individuals, cf. Art. 5, shall abide by the provisions of the Act respecting Safety Measures at Work Stations as it pertains to the keeping of toxic substances and the provisions of the Act respecting the Control of Foodstuff and other Consumer Goods and Necessities, provided that the named Acts be applicable. The State Import of Drugs and Medicines. other manufacturers of medicines and wholesale firms dealing in medicines and apothecaries (cf. clauses 3 and 4~ para. 1; Art. 5) shall also be subject to the provisions of the Act on Drugs and the Sale of Medicine. Retail outlets licenced to sell toxic substances for use in agriculture and horticulture and for the exterminaticn of vermin (cf. clause 5, para. 1, Art. 5) shall abide by in structions pertaining hereto which will be laid down in RP.gll~~tions (cf. Art., 14) ,. 6 In hospitals and approved research laboratories (cf. clause 6, para. 1, Art. 5) toxic substances shall be kept in sellers~ packings or other equally safe packings. Individuals (cf. clause 7, para. I, Art. 5) shall keep toxic substances in manufacturers· (sellers~) packings. Toxic substances shall at all times be safely kept and in such a manner that these be separated from foodstuff and fodder, and also from medicines, cosmetics and toilet articles, and in such a manner that parties not concerned therewith cannot reach these. SECTION III PROVISIONS RESPECTING HAZARDOUS SUBSTANCES Delivery of Hazardous Substances Art. 10 Hazardous substances shall be delivered and sold in strong and well Closed containers. The containers shall be of such appearance or marked so that these will not be confused with containers used for medicines, foodstuff, fodder or other harmless substances. The containers shall be clearly marked and the contents shall be stated. The containers and outside packing shal1£urthA1"'mn1"'A have an in!':C'.1"';p+irin ".",.c:p", ... +ing cS'"i"i.nn i-n Icelandic, cf. Art. 17. Keeping of Hazardous Substances Art. 11 Hazardous substances shall be kept in sellers packings or other equally safe packing8. Hazardous substances shall be kept safely so that these be separated from foodstuff and fodder, and also from medicines, cosmetics and toilet articles, and in such a manner that parties not concerned therewith cannot reach these. Hazardous Gases Art. 12 The Minister may lav down in Regulations further pro visions respecting hazardous gases not having curative qualities and specified in list V. 7 SECTION IV JOINT PROVISIONS General Provisions on Use Art, 13 Toxic and hazardous substances shall be used with care and caution and in such a manner as not to cause harm to humans and domestic animals or that foodstuff be contaminated by the substances (see Art. 15), cf. also provisions of the Act respecting Safety Measures at Work Stations and the Act re specting the Control of Foodstuff and other Consumer Goods and Necessities. In case toxic or hazardous substances be formed or pre sented as offal in industrial operations, other operntions O~ in another manner, care shall at all times be taken that the sub stances shall not cause harm to humans (cf. the provisions of the A.ct respecting Sa1ety Measures at 'Work Sta.tions) and. domestic animals or contaminate the environment (atmosphere, soil and lakes, including ground water arid wells), sotha t thes.s may endanger humans, animals or plants. As proposed by the Director General of Public Health and the Committee on Toxic Substances the MiniiCltel" will, ii' n ......""!I'IiCll'l .....y.· ll'ly dow" in RogulAi:iong f'urtho:t" provision in order to prevent the contamination of air, land and water caused by toxic and hazardous substances. Provisions relating to the use of Toxic and Hazardous Substances in Agriculture and Hor ticulture and for the Extermination of Vermin Art. 14 Toxic and hazardous substances, pure and mixed, may be sold or imported and used as insecticides, herbicides, growth regulation substances or as substances specially intended for the extermination of vermin only prOVided these have been registered in lists of such substances either under the pro prietary or non-proprietary name of thR manufanturAP, nf. para. 2, Art. 2. The Minister will lay down further provisions on the aforementioned substances in Regulations. 8 Provisions respecting Foodstuff and Fodder Art. 15 Toxic and hazardous substancas may not be introduced to or mixed with foodstuff (including sweets) or fodder unless this be specially authorized in Regulations under the present Act, the Act respecting the Control of Foodstuff and other Consumer Goods and Necessities or other Acts. The Committee on Toxic Substances shall be consulted about the admixture of any ad ditives in foodstuff and fodder intended for sale to the public. In case there be considered to be danger of foodstuff or fodder being contaminated in manufacture or in anotharmanner by specific toxic or hazardous substances so that this may cause harm to humans or animals, the Minister can by means of Regulations and after having received the proposals of the Director General of Public Health and th~ Committee on Toxic Substances decide in further detail upon the maximum quantity of such substances which may be contained in each unit of weight or fluid (g, ml). Further rules respecting the use and prOhibition of use of Toxic and Hazardous Substances ar~. 16 After having received the proposals of the Director General of Public Health and the Committee on Toxic Substances the Minister will lay down more detailed rules relating to the use and prohibition of use of toxic and hazardous substances, both when used pure. in mixtures or in another manner in compositions. Further instructions respecting Containers etc. Art. 17 The Committee on Toxic Substances (see Art. 2) will sub mit proposals rclnting to the make of container~ and packing material} marking, poison marks and inscription or marks of caution respecting the delivery, sale and keeping of toxic and hazardous substances. The Minister will lay down more detailed instructions relating hereto in Regulations. 9 Transport Art. 18 TI~ L~"D~purt of tox1c ana nazaraous Substances by ships, automobiles, aircraft and mail shall be sUbject to the Acts and rules applicable and in force at each given time. More detailed provisions relating to any kind of transport of toxic and hazardous substances may be laid down in Regulations. U~ed Containers. - Disposal of Toxic and Bazaroous Substances Art. 19 Empty bottles, other containers as well as packing material which have contained toxic or hazardous substances shall be dis posed of or cleaned in such a manner as not to endanger humans or animals. Alternatively containers and packing material shall be returned closed and marked in a fitting manner. Large stocks of toxic or hazardous substances ~ay not be disposed of without the approval of the medical officer or super visor concerned, cf. Art. 20. In ca~e of a Ilmit~d quantity. or further specified substances it is permissible to dispose of these without the knowledge of the medical officer concerned, provided that the instructions laid down in that respect be ad hered to. Execution and Control Art. 20 The Director General of Public Health will supervise matters relating to toxic and hazardous substances under the superior direction of the Minister charged with the portfolio of hAalth. The Committee on Toxic Substances will submit proposals relating to the execution of the present Act and to the further "rrangemen~ or the control of toxic and hazardous substances J cf. Art. 2, cf. also the following paragraph. The supervision of the execution of the provisions of the present Act rests with the Director of Safety Measures pro vided this be within his sphere of activities, but alternatively with Chiefs of Police, medical officers and inepectors in accur 10 dance with the Act on Drugs and the Sale of Medicine, as well as other persons who may be nominated. Cost of the execution and control shall be paid by the 'I'roQ,ou,,"y. The aforementioned officials and the Committee on Toxic Substances as well as other persons who may be nominated are entitled to inspect retail outlets) factories and work stations where toxic and hazardous substances are sold or repacked j pro puced, kept or used or where goods containing such substances in such form and quantity as may endanger humans or animals are produced. They are also authorized to open packings and remove samples therefrom for further inspection and study. The owner of a sample may demand a receipt from the official taking it. the receipt shall specify the quantity and type of sample con cerned. The holder of the receipt 1s thereaft~r entitled, against presentation thereof, to receive refund from the im porter or producer. The officials referred toiD para. 3 and 5 may require the producer or importer to gi vea dec lara t I on to the best of their knowledgp. relating to the content of toxic or hazardous substances in s.pecific goods, such as cosmetics and. toilet goods, foodstuff and fodder. The importer or producer giving such a declaration may require that it be treated as con fidential. Exemptions Art. 21 The Minister may, after having received proposals from the Director General of Public Health and the Committee on Toxic Substances, authorize the exemption of a toxic or hazar dOUS substance or goods conta1n1n~ such substances, in part or in full from the provisions of the present Act. Exemptions maYt however, be granted only provided conditions which may be laid down at each given time (cf. Art. 16) or ~pecifled in Regulations established under authority in other Acts be met. All exemptions from the provisions of the Act shall be officially announced. Penalties Art. 22 Lawsuits arising out of violations of the present Act or 11 Regulations laid down in accordance therewith shall be handled as criminal cases. Art. 23 Violations of the present Act or Regulations laid down in accordance therewith shall be subject to fines unless a heavier penalty apply under another Act. In case of repeated or gross violation, the penalty may be custody or imprisonment for upto 2 years. Attempted violations O~ participation in vio~a­ tiona under the present Act are sUbject to penalty as stated in Section III or the Penal Code. Toxic and hazardous substances illegally imported or il legally sold or produced in Iceland may be confiscated by mean& of judgment and so may profit derived :from such illegal opera tions. The value of confiscated goods shall be contributed to the Treasury. SECTION V Concluding Provisions Art. 24 Fur'therprovisions relating to the execution of the present Act may be laid down in Regulations by, the Minister after his havirig tec~ived the proposals of the Director General of Public Health and the Committee on Toxic Substances. Art. 25 ~he present Act enters into force on January 1st, 1970. The present Act abrogates instructions contained in Acts which are in conflict with the provisions of this Act, ProVis:ionscontained in Regulations, announcements and other administrative rules respecting matters to which the present Act applieQ and which are not in cotlfliot with its provisions shall continue in force until these have been abro gated by means of administrative rules laid down in accordance With the present Act.