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Chemical Law

Original Language Title: Ķīmisko vielu likums

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The Saeima has adopted and the President promulgated the following laws: chemicals and chemical products Act Chapter I. General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) with chemicals or chemical products, chemicals and chemical products manufacturing, import, processing, packaging, storage, transfer, use, collection, destruction, recycling or trade, as well as actions that chemicals or chemical products are used in the chemical process as raw materials or additives or are created as an intermediate product, or any other l Crabby;
2) performer: any natural or legal person carrying out transactions with chemicals or chemical products;
3) chemicals: the natural or artificially created chemical elements and chemical compounds, including any additives required for their stability, and any impurities resulting from their manufacturing or storage;
4) chemical products — chemical mixtures or solutions composed of two or more substances;
5) chemical and chemical product register — the territory of the Republic of Latvia to be imported and manufactured chemicals and chemical products tracking system.
2. article. The purpose of the law this law aims to prevent, delay or reduce the risk of injury by chemicals and chemical products for those quintessential qualities can cause to the environment, human health and property.
3. article. The operation of the law (1) this Act regulates activities in chemicals and chemical products.
(2) in addition to this the law activities in chemicals and chemical products regulation: 1) in the case of mixtures of chemicals in the form of waste — the law on hazardous waste ";
2) with regard to the transport of chemical products (including transits) on road, rail, air, sea, or move through the pipelines, if this is not done, any substances or products or processing, the laws governing the transport of dangerous goods;
3) concerning narcotic and psychotropic substances, the law on the illicit manufacture of narcotic drugs and psychotropic substances to legitimate movement order "and other related laws and regulations;
4) concerning precursors — law on precursors "and other related laws and regulations;
5) for chemicals — 13 January 1993 Convention on chemical weapons proliferation, production, storage and use of prohibition and destruction.
(3) this Act does not apply to: 1) to the following products and goods the final stage: a) drugs (including veterinary use), b) cosmetic products, c) alcoholic drinks, tobacco products, d), (e)) food, f) pesticides, g) radioactive substances, h) ready-made explosives, chemicals or chemical products for use in pyrotechnic effect and become available to other people, i) biotechnology products and molecular biology products;
2) for natural persons, if they do not carry out activities in chemicals and chemical products for business purposes, with the exception of article 9 of this law the first – in the third subparagraph, article 17, first, in the third paragraph, in article 19 and 20 of these cases.
Chapter II. Monitoring and control, article 4. The competence of the public authorities (1) the Ministry of welfare and under its authority and under the supervision of the existing supervisory and control authorities control the activities in chemicals and chemical products and monitor their compliance with the laws and regulations of human life and health (the environment).
(2) the protection of the environment and regional development Ministry and under its authority and under the supervision of the existing supervisory and control authorities control the activities in chemicals and chemical products and monitor their compliance with the laws and regulations in the field of environmental protection.
(3) the Ministry of defence carried out supervision over activities in chemicals in national armed forces.
(4) chemical accidents and other chemicals or chemical product-related accidents and emergency elimination and emergency rescue operations are carried out, as well as compliance with the provisions of the relevant security controls the Interior Ministry and under its authority and under the supervision of the existing institutions in accordance with the laws and regulations.
(5) other institutions operating with chemicals or chemical products monitor and control law and other laws.
5. article. Monitoring and control bodies (1) supervisory and control authorities have the right to request and receive, free of charge from performers in the information required to carry out supervision in accordance with this Act and other legislation.
(2) monitoring and control authorities are entitled in each case their competence to give performers the recommendations or binding instructions or orders to cease operations with chemicals or chemical products, to ensure the compliance with this Act and its associated regulations.
(3) if there is reasonable suspicion that the transactions in chemicals and chemical products not satisfying the requirements of the legislation, monitoring and control authorities have the right to take the chemical or chemical samples of products in such quantities as may be required to provide accredited and authorised the conformity assessment body's opinion on relevant chemicals and chemical products or transactions with them. If the suspicion is confirmed, inspection expenses shall be borne by the performer.
(4) supervisory and control authorities have the right to request and receive, free of charge from other State bodies monitoring the implementation of the required information and analysis using the samples obtained in other State institutions.
(5) monitoring and control authorities, monitoring under this Act and the regulations, shall have the right to attend and stay in the territory, will construct and other objects, regardless of their nationality (respecting the principle of the inviolability of a dwelling), to control, or operations in chemicals and chemical products in accordance with the Act and related legislation. Staying in, you must comply with the safety regulations and the relevant process characteristics. Performer provides supervisory and control authorities with the necessary personal protective equipment.
6. article. Conformity assessment bodies and control authorities the necessary measurements of chemicals or chemical products for identification and their physical and chemical parameters shall be carried out only with the procedure laid down in the laws and authorised accredited laboratories.
7. article. Chemicals and chemical products (1), chemicals and chemical products recorded in the registry and control necessary for the implementation of the second subparagraph in chemicals and chemical products, which business needs is imported or manufactured in the country.
(2) chemical and chemical product registration procedures, as well as chemicals, chemical products and groups that want to register chemicals and chemical products in the register shall be determined by the Cabinet of Ministers.
8. article. Privacy (1) anyone who, in the course of supervision in accordance with this Act or the regulations, has obtained information relating to performers the financial position, business or professional secrets, is prohibited without the consent of the person concerned to disclose such information to third parties.
(2) in the first paragraph, that requirement does not apply to surveillance and controls the provision of the information required in article 5 of this law those authorities, as well as to the transmission of information to law enforcement authorities.
Chapter III. Performers responsibilities article 9. Performers of General obligations (1) the performers, taking into account the chemical or hazardous chemical products, quantity, and use or storage conditions must comply with the laws and other normative acts, as well as diligence and care and must take the necessary measures to prevent damage to the environment, human life, health and property.
(2) Performers shall avoid activities with chemicals or chemical products that are classified as dangerous if it is available for less dangerous substitutes.
(3) the performers should have the necessary information on the chemical or chemicals in the physical and chemical properties, hazards and effects on the environment and human health. This information must be sufficient to assess the substances or products concerned of possible threats to the environment, human life, health and property, chemicals or chemical product labelling and appropriate action in the event of an emergency.
(4) performers, if established, should assess the likelihood of crashes, and steps should be taken to prevent accidents or reduce their consequences.

(5) performers, if it is established, under the operation and use of the chemicals or chemical characteristics of the products need a certain level of education for which sliding requirements regulated by the Cabinet of Ministers regulations. If the performer is a legal person, the education required, those natural persons who have been appointed to carry out operations with chemicals or chemical products and is responsible for these activities.
(6) the planning, designing and re a chemical or chemical product use or storage facilities and related structures, as well as performing actions with chemicals or chemical products: 1) should be evaluated such disaster risk, which may affect the environment, human health or property and it is necessary to adopt measures to prevent accidents or reduce their consequences;
2) Note the shop floor layout, topographic, geological, meteorological and hydrological conditions, other facilities, main road, rail, pipeline, as well as specially protected natural object and the arrangement of the territory.
10. article. Chemicals and chemical products (1) classification of chemicals and chemical products, the manufacturer or importer is responsible for chemicals and chemical products, which come in use in trade or have been classified in accordance with the intrinsic physical, chemical, toxicological and other characteristics.
(2) chemicals and chemical products considered hazardous chemicals and dangerous chemical products, in accordance with the third paragraph of this article, those provisions they fall into one of the following classes: 1) corrosive chemicals or chemical products;
2) irritant chemicals or chemical products;
3) sensitizing chemicals or chemical products;
4) carcinogenic chemicals or chemical products;
5) mutagenic chemicals or chemical products;
6) reproductive toxic chemicals or chemical products;
7) environmentally hazardous chemicals or chemical products;
8th) potentially explosive chemicals or chemical products;
9) chemicals or chemical products that are powerful oxidizers;
10) extremely flammable chemicals or chemical products;
11) highly flammable chemicals or chemical products;
12) the flammable chemicals or chemical products;
13) very toxic chemicals or chemical products;
14) toxic chemicals or chemical products;
15) harmful chemicals or chemical products.
(3) chemical and chemical product classification procedures depending on the substances and products listed hazardous properties and the degree to which these qualities, they are regulated by the Cabinet of Ministers regulations.
11. article. Risk analysis (1) Cabinet of Ministers determines the chemical and chemical products, risk assessment and risk reduction measures and indicate which substances and products which these arrangements and those measures apply.
(2) the Cabinet down to dangerous chemicals and hazardous chemical products of industrial accidents related to risk assessment and risk reduction measures and indicate which substances and products (depending on the quantity and the degree of danger) this order and these measures apply.
12. article. Chemicals and chemical products, packaging and labelling (1) chemicals or chemical products manufacturer or importer must ensure dangerous chemicals or chemical product packaging strength and safety.
(2) chemicals or chemical products, the manufacturer or importer provides to the country to further the distribution of hazardous chemicals or chemical product packaging should be labelled in the Latvian language.
(3) chemical and chemical product packaging and labelling procedures determined by the Minister Kabi nets.
13. article. New chemicals notification (1) the Cabinet approved the list of existing chemical substances, and for a list of chemicals.
(2) chemical substance that is not listed in the list of existing chemical substances, considered new chemicals.
(3) the country banned to import or sell new chemicals before it is investigated its effect on the environment and human health, and the substance is not logged under the Cabinet of Ministers established the new procedure of the chemical.
(4) in the third subparagraph of that prohibition does not apply to: 1) chemicals that are manufactured or imported in quantities not exceeding 10 kilograms to the manufacturer or importer, and which the manufacturer or importer shall comply with any other provisions put it. In this case, the manufacturer or importer must retain and present monitoring and control authorities (at their request) written information on the quantity of the chemical, the labelling and the beneficiaries;
2) chemicals that are manufactured or imported in quantities not exceeding 100 kilograms to the manufacturer or importer per year, such scientific experimentation, analysis or research carried out under controlled conditions and whose purpose is to determine the intrinsic properties of substances and exposure to these substances;
3) chemical substances explicit experimental production produces or Cabinet in the order provided for in the imports registered a limited number of consumers in such quantity, not exceeding the amount that is required by a particular process. This exclusion is valid for one year from these chemicals production or import of initiation, provided that performers shall submit to the State environment inspectorate written yourself and the chemicals concerned, its label, quantity, and a list of the beneficiaries of the research plan;
4) polymers containing less than two percent of new chemical substances.
14. article. Safety data sheet (1) Dangerous chemicals or dangerous chemical product manufacturer or importer must fill in the safety data sheet of the chemical or chemicals according to article 15 of this law.
(2) chemicals or chemical products manufacturer, importer, or other performer safety data sheet shall be issued free of charge also hazardous chemicals or in dangerous chemical products to the recipient: 1) if the product is intended for industrial or professional use;
2) if products are delivered to the wholesale market for the first time;
3) in other cases where the recipient requests it.
15. article. Safety data sheets containing (1) the Cabinet approved the model of the safety data sheet, as well as the safety data sheets fill and ship the order.
(2) the safety data sheet shall include the following information: 1) chemicals or chemical product identification and details of this substance or product manufacturer, importer or other person who carries out the chemicals or chemical product supply in the country;
2) product and details of its components;
3) the hazardous characteristics;
4 first aid measures);
fire and explosion safety 5) description of measures;
6) the measures to be taken in the event of an emergency;
7) storage and use;
8) safety rules;
9) news on the physical and chemical properties;
10) details of stability and responsiveness;
11 toxicological information);
12) environmental information;
13) news about possible disposal;
14) information on transports.
15) information on the laws and regulations governing transactions with the appropriate chemicals or chemical products;
16) from safety, the environment, human life and health point of view relevant information.
Chapter IV. Restrictions on activities in chemicals and chemical products article 16. The chemicals and chemical products for specific activities to restrict or ban the Cabinet of Ministers shall lay down the specific limits or bans on activities by individual chemicals or chemical products, or other materials that contain these chemicals or chemical products or are treated with these chemicals or chemical products.
Article 17. Toxic and very toxic chemicals and chemical products trade restrictions (1) toxic and very toxic chemicals and chemical products are the natural persons are allowed to sell, if they produce a buyer's written request approved and comply with laws and other legal restrictions.
(2) the request, stating the purpose of the chemicals purchased or used chemical products, individuals must be approved by the national environmental health centre.
(3) toxic and very toxic chemicals and chemical products prohibited from sale to the person under 18 years.
(4) legal persons who sell toxic or very toxic chemicals or chemical products, you must take these chemicals or chemical products, customer records and must be stored in the first paragraph of this article the buyer demand. Customer records, and requests the display of supervisory and control authorities upon their request.

18. article. The fee for chemical and chemical product registration and enquiry on the chemical and chemical product registration procedures set by the Cabinet of Ministers and about being charged duty, which should include the State in General.
Chapter v. Responsibility for violations by carrying out activities in chemicals and chemical products, article 19. Types of liability for infringements, carrying out activities in chemicals and chemical products (1), the Person who violated this law and other legal requirements in relation to activities in chemicals and chemical products, called to account in accordance with the laws and regulations.
(2) if the transactions with dangerous chemicals or hazardous chemical products do not comply with this law and related legislation, the substances or products concerned can withdraw or confiscate law and other laws.
(3) the Seized chemicals or chemical products are transferred or sold to other performers or destroyed in accordance with the laws and regulations.
20. article. Loss and expenses (1) If, through operations with chemicals or chemical products, contaminated environment or damage the shipbuilding, committed performer provides environmental and engineering treatment of its features so as to further secure environment pollution, human life, health and property.
(2) If, during a transaction with chemicals or chemical products, have harmed the environment, human health or property, injury to the performer committed to pay the damages law and other laws.
(3) a performer who found guilty of this law or of other activities in chemicals or chemical products, regulatory law and a violation of the law, sampling and covers all research expenditure.
The law shall enter into force on 1 January 1999.
The law adopted in 1998 the Saeima on 1 April.
The President g. Ulmanis in Riga in 1998 on April 21.