REGULATIONS
If you require a complete copy of the Regulations, these can be obtained from H.M.S.O. Copies of the British Standards can be obtained from the British Standards Institution, 389, Chiswick High Road, London, W4 4AZ
THE 2005 LEGISLATION INCLUDES THE FOLLOWING STATEMENTS:
TITLE AND COMMENCEMENT
(1) These regulations may be cited as the ‘Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005.’
(2) These regulations shall come into force on 1st September 2005.
INTERPRETATION
(1) In these Regulations-“
“BS EN 1811” means the British Standard Specification for the Reference test method for release of nickel from products intended to come into direct and prolonged contact with the skin published by the British Standards Institution on 15th April 1999.
“BS EN 12472” means the British Standard Specification for the test method for the simulation of wear and corrosion for the detection of nickel release from coated itemspublished by the British Standards Institution on 15th April 1999. (NB The method for this test was amended with effect from July 2006. Click here for details)
“supply” includes, offering to supply, agreeing to supply, exposing for supply and possessing for supply.
PROHIBITION ON MARKETING AND USE
(1) No person shall use nickel or its compounds in –
(a) a post assembly intended to be inserted into a pierced part of the human body unless the rate of nickel release from the post assembly is less than 0.2 micrograms per square centimetre per week;
(b) a product to which paragraph (2) below applies if the rate of nickel release from those parts of the product which come into direct and prolonged contact with the skin is greater than 0.5 micrograms per square centimetre per week;
(c) a product to which paragraph (2) below applies and which has a non-nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of the product which come into direct and prolonged contact with the skin does not exceed 0.5 micrograms per square centimetre per week for a period of at least two years of normal use of the product.
(2) This paragraph applies to a product intended to come into direct and prolonged contact with the skin including-
(a) earrings:
(b) necklaces, bracelets, chains, anklets and finger rings;
(c) wrist-watch cases, watch straps and tighteners;
(d) rivet buttons, tighteners, rivets, zippers and metal marks, contained in or intended to be used in garments.
(3) No person shall supply a post assembly or product which contravenes a requirement of paragraph (1) above, but it shall not be unlawful to supply a post assembly which it was permitted to supply under the Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2000 and which was first placed on the market in a Member State before these Regulations came into force.
(4) The prohibitions in paragraphs (1) and (3) above do not apply to a post assembly or product which-
(a) is intended for export to a country which is not a Member State;
(b) is intended for research and development or analysis purposes;
(c) was first placed on the market in a Member State before 20th January 2000.
ASSESSMENT PROCEDURES
(1) Conformity of a post assembly or product with the requirements of regulations 3(1)(a) and 3(1)(b) shall be demonstrated using the method specified in BS EN 1811.
(2) Conformity of a post assembly or product with the requirements of regulation 3(1)(c) shall be demonstrated using the method specified in BS EN 12472. |
