The Aerosol Dispensers Regulations 2009

PART 2 U.K. PROHIBITIONS

Prohibition of sale or supply of unmarked relevant aerosol dispensers E+W+S

[F1 4.— (1) Subject to paragraph (2), a person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with the UK marking or the symbol “3” (inverted epsilon).

(2) Where regulation 3(1A) applies, paragraph (1) does not apply where the UK marking is affixed to—

(a) a label affixed to the aerosol dispenser; or

(b) a document accompanying the aerosol dispenser.]

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Reg. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 5 (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Prohibition of sale or supply of unmarked relevant aerosol dispensers N.I.

4.  A person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with a compliance mark.

Extent Information

E3 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Prohibition of sale or supply of non-compliant marked aerosol dispensers E+W+S

5.  A person shall not supply or have in his possession for supply—

[F2 (a) an aerosol dispenser which—

(i) is marked with the UK marking where all the requirements referred to in regulation 3 relating to that aerosol dispenser are not complied with;

(ia) has a label affixed to it, or a document accompanying it, which is marked with the UK marking, where—

(aa) the requirements of regulation 3 are not complied with; or

(bb) the requirements of regulation 3 are complied with but the period referred to in regulation 3(1A) has elapsed; or

(ii) is marked with the symbol “3” (inverted epsilon) where either—

(aa) all the requirements of regulation 5A(3) are not complied with; or

(bb) all the requirements of regulation 5B are not complied with; or]

[F3 (b) an aerosol dispenser which—

(i) is marked with a mark so closely resembling the UK marking or the symbol “3” (inverted epsilon) as to be likely to deceive; or

(ii) has a label affixed to it or a document accompanying it which is marked with a mark so closely resembling the UK marking as to be likely to deceive.]

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F2 Reg. 5(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 6(a) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 8(4)(a)-(c)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 5(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 6(b) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 8(4)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Prohibition of sale or supply of non-compliant marked aerosol dispensers N.I.

5.  A person shall not supply or have in his possession for supply—

(a) an aerosol dispenser which is marked with the compliance mark where all the requirements referred to in regulation 3 relating to that aerosol dispenser are not complied with; or

(b) an aerosol dispenser which is marked with a mark so closely resembling the compliance mark as to be likely to deceive.

Extent Information

E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F4 Obligations which are met by complying with obligations in the Directive E+W+S

5A.— (1) In this regulation any reference to an Article or an Annex is a reference to an Article of or the Annex to the Directive.

(2) Paragraph (3) sets out the requirements which must be complied with under regulation 5(a)(ii)(aa) in order to mark an aerosol dispenser with the symbol “3” (inverted epsilon).

(3) The requirements referred to in paragraph (2) are that—

(a) the aerosol dispenser is a relevant aerosol dispenser;

(aa) the aerosol dispenser is supplied within a period of [F5 four years] beginning with IP completion day; and

(b) the relevant aerosol dispenser—

(i) complies with the obligations of Article 8(1) (or where permitted by that Article, where its label complies with those requirements);

(ii) complies with the requirements of Article 8(1a);

(iii) bears or, where permitted by Article 8(1), has on its label the information required by Article 8(1)(d) and 8(1a) prepared in or translated into English (unless it is unlikely that the aerosol dispenser will be used in the United Kingdom);

(iv) complies with the general provisions relating to construction set out in point 2.1 of the Annex;

(v) complies with the provisions relating to the volume of the liquid phase set out in point 2.3 of the Annex;

(vi) complies with the special provision set out in points 3, 4 and 5 of the Annex in the case of metal, glass and plastic dispensers respectively;

(vii) meets the tests specified in point 6.1.1 of the Annex in the case of empty containers;

(viii) meets the test specified in point 6.1.2 and 6.1.3 of the Annex in the case of empty metal and protected glass dispensers respectively; and

(ix) satisfies one of the following paragraphs—

(aa) it meets the test methods specified in point 6.1.4.1(a) of the Annex and the dispenser is not of a type referred to in point 6.1.4.2 of the Annex;

(bb) it meets the test method specified in point 6.1.4.1(b) of the Annex and the dispenser is not of a type referred to in point 6.1.4.2 of the Annex;

(cc) it meets the test method specified in point 6.1.4.1(c) of the Annex; and

(c) the person responsible for the marketing of the relevant aerosol dispenser—

(i) has affixed the symbol “3” (inverted epsilon) in accordance with Article 3; and

(ii) has complied with the obligations set out after the heading to point 2 (general provisions) and immediately before point 2.1 of the Annex.]

Textual Amendments

F4 Regs. 5A, 5B inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 7 (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 8(5)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 5A(3)(aa) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1 para (d)

[F4 Qualifying Northern Ireland Goods E+W+S

5B.— (1) Paragraph (2) sets out the requirements that must be complied with under regulation 5(a)(ii)(bb) to mark an aerosol dispenser with the symbol “3” (inverted epsilon);

(2) The requirements referred to in paragraph (1) are that—

(a) the requirements of regulation 3 as it applies in Northern Ireland have been complied with in relation to the aerosol dispenser; and

(b) the aerosol dispenser is qualifying Northern Ireland goods.

(3) In this regulation “qualifying Northern Ireland goods” has the meaning given to it in in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F4 Regs. 5A, 5B inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 7 (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 8(5)); 2020 c. 1, Sch. 5 para. 1(1)