Information powers on hazardous substances EPA 1990 s. 142
Secretary of State may require info on hazardous substances by regulations, exempting substances first supplied after 18 Sept 1981 or under other laws.
The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section. The Secretary of State shall not make an order under subsection (1) above specifying any substance— which was first supplied in any member State or in the United Kingdom on or after 18th September 1981; or in so far as it is a regulated substance for the purposes of any relevant enactment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations under this section may— prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances; impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above; provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above; provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above; provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests; authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies; impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence; create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale; make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations; include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate. The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement. In this section— “ the environment ” means the air, water and land or any of them; “ relevant information ”, in relation to substances, products or articles, means information relating to their properties, production, distribution, importation or use or intended use and, in relation to products or articles, to their disposal as waste; “ substance ” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances. The enactments which are relevant for the purposes of subsection (2)(b) above are the following— the Explosives Regulations 2014 ; the Environmental Permitting (England and Wales) Regulations 2016 ( S.I. 2016/1154 ) in relation to radioactive material or radioactive waste; Parts 3 to 8 and 16 of the Human Medicines Regulations 2012 ; Part IV of the Agriculture Act 1970; the Misuse of Drugs Act 1971; Part III of the Food and Environment Protection Act 1985; . . . the Food Safety Act 1990; the Veterinary Medicines Regulations 2006; and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to make regulations that require manufacturers, importers, or suppliers to provide information about substances that could harm the environment or human health. The term 'environment' here means air, water, or land, and 'relevant information' covers properties, production, distribution, importation, use or intended use, and for products or articles their disposal as waste.
However, the Secretary of State cannot use this power for substances that were first supplied in the UK or any EU member state after 18 September 1981, or for substances already regulated under certain other laws like the Explosives Regulations 2014 or the Human Medicines Regulations 2012. The regulations may also require tests, set fines (maximum level 5 on the standard scale), and restrict disclosure of information. When imposing requirements, the Secretary of State must consider the likely cost of compliance.
When it applies
- A chemical company is asked by the Environment Agency to supply data on a new industrial solvent's toxicity and biodegradability.
- A manufacturer receives a notice requiring them to conduct laboratory tests on a plasticiser and report the results within six months.
- An importer of a cleaning product containing a specified substance must provide information on the substance's concentration and intended use.
- A supplier is exempt from providing information because the substance was first placed on the market in 1990, after the 18 September 1981 cut-off.
- A body representing several manufacturers is authorised to compile and submit the required information on behalf of its members.
What this section does not say
- This section does not give the Secretary of State power to ban or restrict the use of a hazardous substance (that power is under section 140 of the same Act).
- It does not create a criminal offence directly; any offence must be created by regulations and cannot be punishable by imprisonment or a fine above level 5 on the standard scale.
- It does not apply to substances that are already regulated under the listed enactments, such as radioactive materials under the Environmental Permitting Regulations 2016.
- It does not allow the Secretary of State to require information about substances first supplied after 18 September 1981, unless an order is made (but subsection (2) prohibits such an order).
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This page reproduces the text of EPA 1990 s. 142 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.