Detergents (Composition) Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/564 |
| Year | 1978 |
1978 No. 564
PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLAND
PUBLIC HEALTH, NORTHERN IRELAND
The Detergents (Composition) Regulations 197811thApril 1978
24thApril 1978
1stJanuary 1979
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Northern Ireland, as respects Northern Ireland, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972(a) and by the European Communities (Designation) Order 1972(b), hereby make the following regulations:—
Citation, commencement and extent
1.—(1) These regulations may be cited as the Detergents (Composition) Regulations 1978 and shall come into operation on 1st January 1979.
(2) These regulations shall apply to the United Kingdom.
(3) In the application of these regulations to Northern Ireland any reference to the Secretary of State shall have effect as if it were a reference to the Department of the Environment for Northern Ireland.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"approved analyst" means the Government Chemist or the Director of the Water Research Centre;
"the confirmatory test procedure" means a test carried out in accordance with that part of the OECD method which is referred to as "Confirmatory test procedure" in Council Directive No. 73/405/EEC(c) on methods of testing anionic surface active agents, and is set out in full in the Annex to that Directive;
"detergent" means a substance, other than soap, which contains one or more surface active agents and which is used, or intended to be used, for the purpose of cleaning articles, surfaces or other things, and where any question arises whether a substance is a detergent for the purposes of these regulations, regard shall be had to the definition of "detergent" in Council Directive No. 73/404/EEC(d) on the approximation of laws relating to detergents;
(a) 1972 c. 68.
(b) S.I. 1972/1811.
(c) O.J. No. L347, 17.12.1973, pp. 53–63.
(d) O.J. No. L347, 17.12.1973, pp. 51 and 52.
and "contravening detergent" has the meaning assigned to it in regulation 3(1);
"entitled person" has the meaning assigned to it in regulation 4(8);
"level of biodegradability", in relation to a surface active agent, means the figure which represents the degree to which that surface active agent is capable of being eliminated under laboratory conditions, being a figure ascertained by a test carried out in accordance with the confirmatory test procedure and expressed as a percentage in the manner set out in that procedure;
"the OECD method" means the method of testing referred to as "the OECD method" in Council Directive No. 73/405/EEC;
"premises" includes land;
"sample" includes a part of a sample;
"sampling officer" has the meaning assigned to it in regulation 4(1);
"the screening test procedure" means a test carried out in accordance with that part of the OECD method which is referred to therein as "Screening test procedure";
"substance" includes a preparation;
"surface active agent" includes any chemical compound which in dilute aqueous solution wets surfaces, removes dirt, disperses solid particles and emulsifies oil and grease;
"use" has the meaning assigned to it in regulation 3(1).
(2) A reference in these regulations to a numbered regulation is a reference to the regulation so numbered in these regulations.
(3) The Interpretation Act 1889(a) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
Prohibition of sale or use of certain detergents
3.—(1) In these regulations "contravening detergent" means a detergent containing a surface active agent which—
(a) is an anionic surface active agent, and
(b) has a level of biodegradability which is less than 80 per cent;
and "use" means use for the purpose of washing or cleaning any fabric, utensil, surface, or other thing.
(2) Subject to paragraph (3) below, no person shall—
(a) on or after 1st January 1979 use in the United Kingdom, or sell for use in the United Kingdom, any contravening detergent which he has manufactured in, or imported into, or caused to be imported into, the United Kingdom;
(b) on or after 1st January 1981 use any contravening detergent in the United Kingdom, or sell any such detergent for use in the United Kingdom.
(3) The preceding paragraph shall not apply to the sale or use of a contravening detergent by a person who does not know, and has no reasonable cause to believe, that it is a contravening detergent.
(a) 1889 c. 63.
Power to enter and take samples
4.—(1) Subject to the provisions of this regulation and of regulation 5, any person authorised in writing in that behalf by the Secretary of State (in these regulations referred to as "a sampling officer") may at any reasonable time—
(a) enter any factory, warehouse, dock, airport, shop or other premises for the purpose of determining whether any provision of these regulations is being contravened;
(b) examine any substance in or on the premises which appears to him to be a detergent;
(c) take samples of any detergent in or on the premises which in his reasonable opinion is...
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