Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

21 December 2000;

11 October 2001;

16 October 2003.

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause. 
 
 

The Saeima ¹ has adopted

and the President has proclaimed the following Law: 
 

Chemical Substances and Chemical Products Law

Chapter I

General Provisions

Section 1.  Terms Used in this Law

      The following terms are used in this Law:

      1) activities with Chemical substances or Chemical products – the production, import, treatment, packaging, storage, relocation, use, collection, destruction, processing or trade in Chemical substances or Chemical products, as well as such activities in which Chemical substances or Chemical products are used in the Chemical process as raw materials or additives or are created as intermediate goods, or any other similar activities;

      2) performer of activities – any natural or legal person performing activities with Chemical substances or Chemical products;

      3) Chemical substances – Chemical elements and their compounds in a natural state or artificially created, including any additives necessary to preserve the stability thereof and any impurity derived in the production or storage process, excluding any solvents which may be separated without affecting the stability of the substance or composition;

      4) Chemical products (preparations) (hereinafter – Chemical products) – mixtures or solutions of Chemical substances consisting of two or more substances;

      5) [21 December 2000].

      6) biocidal products – active substances or products containing one or several active substances in a form in which they are supplied to the consumer and which are intended to destroy, inhibit and neutralise harmful organisms by Chemical or biological means, impede the effects thereof or affect them otherwise; and

      7) professional use – use of a Chemical substance, Chemical product and biocidal product in the work place, as well as when providing services outside the work place or performing another commercial activity, including cases where the Chemical substance, Chemical product and biocidal product is used by a self-employed person.

[21 December 2000; 16 October 2003]

Section 2.  Purpose of this Law

      The purpose of this Law is to prevent, impede or reduce the possibility of harm, which may be caused to the environment, human health and property by Chemical substances and Chemical products due to the properties inherent thereto.

Section 3.  Application of this Law

(1) This Law regulates activities with Chemical substances and Chemical products, as well as biocidal products.

(2) In addition to this Law, activities with Chemical substances and Chemical products shall be regulated by:

      1) regulatory enactments regulating waste management – in relation to the Chemical substances or Chemical products, which are in the composition of waste;

      2) regulatory enactments regulating the procedures for the carriage of dangerous goods – in relation to the freight of Chemical products (including transport transit) by road, railway, air, sea, post or movement through pipelines if no treatment or processing of such substances or products is performed;

      3) the Law On Procedures for the Legal Trade in Narcotic and Psychotropic Substances and Drugs and other regulatory enactments related thereto – in relation to narcotic and psychotropic substances;

      4) the Law On Precursors and other regulatory enactments related thereto – in relation to precursors;

      5) the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction – in relation to Chemical substances; and

      6) regulatory enactments regulating activities with fertiliser materials – in relation to mineral fertilisers and liming materials.

(3) This Law does not apply to:

      1) the following products and goods at the final stage of the production thereof:

      a) medicinal products (including those for veterinary use),

      b) cosmetic products,

      c) alcoholic beverages,

      d) tobacco products,

      e) food products and food additives,

      f) pesticides,

      g) radioactive substances,

      h) finished explosive materials, Chemical substances or Chemical products which may be utilised for producing a pyrotechnic effect and become available to other persons,

      i) genetically modified organisms, and

      j) animal feed and animal feed additives; and

      2) to natural persons if they do not perform activities with Chemical substances and Chemical products for entrepreneurial (commercial) purposes, except in cases referred to in Section 9, Paragraphs one to three, Section 17, Paragraph one, Sections 19 and 20 of this Law.

[21 December 2000, 11 October 2001, 16 October 2003] 
 

Chapter II

Supervision, Control and General Requirements for the Circulation of Information

[21 December 2000]

Section 4.  Competence of State Administrative Institutions

(1) The Ministry of Health and the supervisory and control institutions which are subordinate thereto, in the cases specified in regulatory enactments shall control activities with Chemical substances, Chemical products and biocidal products in trade, as well as in professional use – disinfection, disinsectization and deratization – and shall supervise the compliance of such activities with laws and other regulatory enactments in the field of protection of human life and health.  The State agency “Sabiedrības veselības aģentūra” [Public Health Agency] shall issue licences for the provision of disinfection, disinsectization and deratization services.

(2) The Ministry of Welfare and the supervisory and control authorities which are subordinate thereto shall control activities with Chemical substances, Chemical products and biocidal products in the working environment and shall supervise the compliance of such activities with laws and other regulatory enactments in the field of protection of life and health of the employees.

(3) The Ministry of Environment and the supervisory and control authorities which are subordinate thereto shall control activities with Chemical substances, Chemical products and biocidal products in working environment and shall supervise the compliance of such activities with laws and other regulatory enactments in the field of the environmental protection. The Latvian Environmental Agency shall issue administrative acts related to the registration, temporary registration of Chemical substances or Chemical products, including biocidal products or issue of permits.

(4) The Ministry of Defence shall supervise activities with Chemical substances in the National Armed Forces.

(5) Activities for the elimination of consequences of accidents and emergency situations related to the use of Chemical substances or Chemical products and the emergency rescue operations shall be performed, as well as the compliance with the relevant safety provisions shall be controlled by the Ministry of the Interior and the institutions which are subordinate thereto, in accordance with laws and other regulatory enactments.

(6) Imported dangerous Chemical substances and dangerous Chemical products which are subject to special restrictions or prohibitions, as well as construction products containing such dangerous Chemical substances shall be controlled on the State (customs) border by the customs authorities of the State Revenue Service.

(7) Other institutions shall supervise and control activities with Chemical substances or Chemical products in accordance with the procedures specified in laws and other regulatory enactments.

[16 October 2003]

Section 5.  Rights of Supervisory and Control Institutions

(1) The supervisory and control institutions have the right to request and receive free of charge from the performer of activities information which is necessary for carrying out supervision in accordance with this Law and other regulatory enactments.

(2) Supervisory and control institutions are entitled, in each particular case, within the scope of their competence, to provide recommendations or binding instructions, or an order to discontinue activities with Chemical substances or Chemical products to the performer of activities in order to ensure the compliance of the referred to activities with this Law and regulatory enactments related thereto.

(3) If there is cause for suspicion that the activities with Chemical substances and Chemical products fail to comply with the requirements of regulatory enactments, the supervisory and control institutions have the right to take samples of the Chemical substances or Chemical products in quantities which are necessary to ensure an opinion of an accredited and authorised conformity assessment institution regarding the relevant Chemical substances and Chemical products or activities therewith. If the suspicions are proved to be correct, the performer of activities shall cover expenses for the assessment.

(4) Supervisory and control institutions have the right to request and receive free of charge the information necessary for the implementation of supervision from other State institutions and to utilise samples for the performance of analysis which have been obtained by other State institutions.

(5) Representatives of supervisory and control institutions, upon the performance of supervision in accordance with this Law and other regulatory enactments, have the right to arrive and stay in the territory, structures and other objects, irrespective of the ownership thereof (in compliance with the principle of inviolability of the residential unit) in order to control whether the activities with Chemical substances and Chemical products comply with the requirements of this Law and regulatory enactments related thereto. When remaining in the object, the safety engineering regulations and specific nature of the relevant technological processes must be complied with. A performer of activities shall provide the representatives of the supervisory and control institutions with the necessary personal means of protection.

Section 6.  Determination and Effect Assessment of Physical and Chemical Parameters of Chemical Substances and Chemical Products

(1) Measurements necessary for the purpose of supervisory and control institutions for determination of physical, Chemical, toxicological or ecotoxicological properties of Chemical substances and Chemical products shall only be performed by laboratories which have been accredited and authorised in accordance with the procedures specified in regulatory enactments.

(2) Requirements in relation to the work quality of laboratories in determining the physical, Chemical, toxicological or ecotoxicological properties of Chemical substances and Chemical products or in research on the effects of such substances and products on the environment or human health, as well as the provisions regarding the inspection of the laboratories shall be regulated by the Cabinet.

(3) When determining the physical, Chemical, toxicological or ecotoxicological properties of Chemical substances and Chemical products, the laboratories shall utilise the laboratory techniques approved by the Minister of Environment.”

[20 December 2000]

Section 7.  Chemical Substance and Chemical Product Database and Informative System

(1) The Chemical Substance and Chemical Product Database shall include the information necessary for the elimination of accidents, implementation of supervision and control regarding the Chemical substances and Chemical products used in Latvia, as well as a list of dangerous Chemical substances, the European Inventory of Existing Commercial Substances (EINECS) and the European List of Notified Chemical Substances (ELINCS).

(2) The Cabinet shall determine the information which shall be provided, maintained, compiled and evaluated in the Database of Chemical Substances and Chemical Products, as well as the procedures for registration of Chemical substances and Chemical products.

[21 December 2001]

Section 8.  Freedom of Information

(1) When performing supervision in accordance with this Law or other regulatory enactments, it is prohibited for anyone who has obtained information relating to the financial status, entrepreneurial (commercial) or professional secrets of the performer of activities to disclose such information to third persons without the consent of the relevant person.

(2) The requirement referred to in Paragraph one of this Section does not apply to provision of information necessary for the performance of supervision and control for the institutions referred to in Section 5 of this Law, as well as to the transfer of the necessary information to law enforcement institutions.

      The following shall not be restricted access information:

      1) physical, Chemical, toxicological or ecotoxicological properties of a Chemical substance or Chemical product;

      2) classification and labelling of a Chemical substance or Chemical product;

      3) techniques for the determination of dangerous properties of Chemical substances and Chemical products and techniques by means of which it is possible to specify the amount of the Chemical substance in the environment or the emission thereof, as well as the means by which Chemical substances and Chemical products affect the environment or human health within a particular period of time (exposition);

      4) opinions regarding the potential harmful effects of a dangerous Chemical substance or Chemical product containing dangerous Chemical substances on the environment or human health;

      5) ways and techniques for neutralisation of a dangerous Chemical substance;

      6) fire safety, anti-explosive protection, occupational safety and other safety measures which must be complied with when performing activities with dangerous Chemical substances or Chemical products containing dangerous Chemical substances;

      7) emergency measures which must be taken if poisoning with a dangerous Chemical substance or dangerous Chemical product has occurred, a fire has started, or other undesirable event or accident has occurred in relation to dangerous Chemical substances or dangerous Chemical products;

      8) any other information specified in the safety data sheet of a Chemical substance or Chemical product;

      9) name of the producer of a Chemical substance or Chemical product;

      10) any other information obtained regarding a new Chemical substance which may characterise its dangerous nature; and

      11) information regarding emissions into the environment.

(4) If the name of a Chemical substance is restricted access information, the performer of activities shall notify of all dangerous properties of such substance in order to perform activities with Chemical substances and Chemical products without presenting threat to the environment and persons, especially in order in the work place to take the necessary fire safety, anti-explosive protection, occupational safety, health and environmental protection measures, and shall specify:

      1) for inorganic substances or organic substances – the name which shall be derived from the name of the Chemical element which determines the properties of the Chemical substance; and

      2) for organic substances the properties of which are determined by a common functional group – the name which shall be derived from the name of the functional group.

[21 December 2002; 16 October 2003] 
 

Chapter III

Duties of Performers of Activities

Section 9.  General Duties of a Performer of Activities

(1) A performer of activities, taking into account the dangerous nature, quantity and circumstances of use and storage of Chemical substances or Chemical products must comply with the requirements of laws and other regulatory enactments, as well as take care and precautions and he or she must take the necessary measures in order to prevent harm to the environment, human life, health and property.

(2) A performer of activities must avoid activities with Chemical substances or Chemical products, which are classified as dangerous if less dangerous substitutes thereof are available.

(3) A performer of activities must have at his or her disposal the necessary information regarding the physical and Chemical properties, dangerous nature and effects of the relevant Chemical substances or Chemical products on the environment and human health. This information must be sufficient in order to evaluate the possible threat caused by the relevant substances or products which is presented to the environment, human life, health and property, to perform labelling of the Chemical substances or Chemical product and to act adequately in the event of an accident.

(4) A performer of activities, if he or she carries out entrepreneurial (commercial) activities, must evaluate the possibility of accidents and make provision for the measures which would prevent accidents or reduce the consequences thereof.

(5) A performer of activities, if he or she carries out entrepreneurial (commercial) activities, in accordance with the amount of the relevant activities and the properties of the Chemical substances or Chemical products utilised, shall require a specified educational level for which the requirements to be met shall be regulated by Cabinet regulations.  If a performer of activities is a legal person, the relevant education shall be necessary for those natural persons who are designated to perform activities with Chemical substances or Chemical products and are responsible for such activities.

(6) When planning, designing and reconstructing facilities for the use or storage of Chemical substances or Chemical products and the structures related thereto, as well as when performing activities with the relevant Chemical substances or Chemical products:

      1) the possibility of such accidents must be evaluated which may affect the environment, human health or property, and measures must be provided for in order to prevent accidents or to reduce the consequences thereof; and

      2) the location, topographic, geological, meteorological and hydrological conditions of the production unit, location of other nearest production units, main motor road, railway, pipelines, as well as special protected nature objects and territories.

(7) The requirements to be complied with when performing activities with biocidal products shall be determined by the Cabinet.

(8) In order to perform entrepreneurial (commercial) activities related to the provision of disinfection, disinsectization and deratization services, the provider of such services shall require a licence. The licence shall be issued by the State agency “Sabiedrības veselības aģentūra”.

[21 December 2002; 16 October 2003]

Section 10.  Classification of Chemical Substances and Chemical Products

(1) A producer or importer of Chemical substances and Chemical products shall be responsible for ensuring that the Chemical substances and Chemical products which become available for trade or use are classified in accordance with their physical, Chemical, toxicological and other properties.

(2) Chemical substances and Chemical products shall be considered to be dangerous Chemical substances and dangerous Chemical products if, in accordance with the provisions referred to in Paragraph three of this Section, they may be classified into the following classes:

      1) corrosive Chemical substances or Chemical products;

      2) irritating Chemical substances or Chemical products;

      3) sensitising Chemical substances or Chemical products;

      4) carcinogenic Chemical substances or Chemical products;

      5) mutagenic Chemical substances or Chemical products;

      6) Chemical substances or Chemical products which are toxic to the reproductive system;

      7) Chemical substances or Chemical products which are dangerous to the environment;

      8) explosive Chemical substances or Chemical products;

      9) Chemical substances or Chemical products which are strong oxidants;