Chemicals Act 2008
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PART 6 Offences and Penalties | ||
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Offences. |
29.— (1) An exporter or importer who contravenes a provision of the Rotterdam Regulation that applies to him or her shall be guilty of an offence. | |
(2) A manufacturer who contravenes a provision of the Detergents Regulation that applies to him or her shall be guilty of an offence. | ||
(3) Where— | ||
(a) a distributor, | ||
(b) a downstream user, | ||
(c) an importer, | ||
(d) a manufacturer, | ||
(e) a person appointed in accordance with Article 8 of the REACH Regulation, or | ||
(f) a producer of an article, | ||
contravenes a provision of the REACH Regulation that applies to him or her, that person shall be guilty of an offence. | ||
(4) A person who contravenes a provision of regulations under this Act that is declared in the regulations to be a penal provision shall be guilty of an offence. | ||
(5) A person who contravenes a requirement in a contravention notice or a prohibition notice shall be guilty of an offence. | ||
(6) A person who forges or utters knowing it to be forged— | ||
(a) a register, record, licence, authorisation, direction, or permit under the relevant chemicals statutory provisions or a document purporting to be an extract therefrom, or | ||
(b) a contravention notice, a prohibition notice or an information notice, | ||
(in this section referred to as a “ forged document ”) shall be guilty of an offence. | ||
(7) A person who alters, with intent to defraud or deceive, or who utters knowing it to be so altered— | ||
(a) a register, record, licence, authorisation, direction, or permit under the relevant chemicals statutory provisions or a document purporting to be an extract therefrom, or | ||
(b) a contravention notice, a prohibition notice or an information notice, | ||
(in this section referred to as an “ altered document ”) shall be guilty of an offence. | ||
(8) A person who has, without lawful authority, a forged document or an altered document in his or her possession shall be guilty of an offence. | ||
(9) Any person who obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under section 12 or impedes the exercise by the inspector or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an inspector or such a member pursuant to a power conferred by this Act, or in purported compliance with such request or requirement or in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect, shall be guilty of an offence. | ||
(10) Any person who obstructs or interferes with an officer of customs and excise in the course of exercising a power conferred on him or her by this Act shall be guilty of an offence. | ||
(11) A person who falsely represents himself or herself to be an inspector shall be guilty of an offence. | ||
(12) A person who, at any time during the period of 3 months immediately following the affixing of a notice in accordance with section 3(1)(d) , removes, alters, damages or defaces the notice without lawful authority shall be guilty of an offence. | ||
(13) A person who states to a national authority that another person has committed an offence under this section or has failed to comply with a provision of the relevant chemicals statutory provisions knowing the statement to be false shall be guilty of an offence. | ||
(14) A person who, in purported compliance with a requirement in an information notice, furnishes information to a national authority that he or she knows to be false or misleading in a material respect shall be guilty of an offence. | ||
(15) A person who contravenes section 28 shall be guilty of an offence. | ||
(16) A person who— | ||
(a) fails to comply with a direction under section 14 , or | ||
(b) contravenes an information notice under section 27 , | ||
shall be guilty of an offence. |