| 1. |
Under
Section 2 of the Ordinance, "scheduled substance"
-
| (a) |
means a substance listed in the Schedule, whether
existing alone or in a mixture; but |
| |
|
| (b)
|
in sections 4 and 6 (of the Ordinance) does not
include a substance listed in the Schedule that
is -
| (i) |
in a manufactured product (other than one
used solely for the transportation or storage
of the substance) and the substance is used
in the operation of the product or the mere
dispensing of the contents of the product
constitutes the intended use of the substance;
or |
| |
|
| (ii) |
part of a manufactured produce solely because
the substance was used in the process of manufacturing
the product. |
|
|
| |
|
| 2. |
The
above definition excludes from consideration as a scheduled
substance any substance listed in the Schedule, whether
alone or in a mixture, which is in a manufactured product
other than a container used for transportation or storage.
|
| |
|
| 3. |
If
a substance or mixture must first be transferred from
a bulk container to another container, vessel or piece
of equipment in order to realize its intended use, the
first container is in fact utilized only for storage and/or
transport, and the substance or mixture so packaged is
covered by the definition of scheduled substance. |
| |
|
| 4. |
If,
on the other hand, the mere dispensing of the product
from a container constitutes the intended use of the substance,
then that container is itself part of a use system and
the substance contained in it is therefore excluded from
the definition. |
| |
|
| 5. |
Examples
of use systems to be considered as products are :
| (i)
|
an
aerosol can; |
| |
|
| (ii) |
a refrigerator or refrigerating plant, air conditioner
or air conditioning plant, heat pump, etc; |
| |
|
| (iii) |
a polyurethane prepolymer or any foam containing,
or manufactured with, a controlled substance; |
| |
|
| (iv) |
a fire extinguisher (wheeled or hand-operated) or
an installed container incorporating a release device
(automatic or hand-operated). |
|
| |
|
| 6. |
Any
amount of a scheduled substance or a mixture of scheduled
substances which is not part of a use system containing
the substance is a scheduled substance for the purpose
of the Ordinance (ie a bulk chemical). Hence, the size
of the container or whether the container is rechargeable
is immaterial to determine whether the substance is excluded
from the definition. |
| |
|
| 7. |
Bulk containers for shipment of scheduled substances
and mixtures containing scheduled substances to users
include but not limit to (numbers being illustrative)
:
| (i) |
tanks installed on board ships; |
| |
|
| (ii) |
rail tank cars (10-40 tonnes); |
| |
|
| (iii) |
road transfers (up to 20 tonnes); |
| |
|
| (iv) |
cylinders from 0.4kg to one tonne; |
| |
|
| (v) |
drums (5-300kg) |
|
|