The Aerosol Dispensers Regulations 2009

JurisdictionUK Non-devolved
CitationSI 2009/2824

2009 No. 2824

Consumer Protection

The Aerosol Dispensers Regulations 2009

Made 21th October 2009

Laid before Parliament 26th October 2009

Coming into force 29th April 2010

The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to consumer protection.

In accordance with section 11(5) of the Consumer Protection Act 19873the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as he considered appropriate and the Health and Safety Executive.

The Secretary of State makes regulations 3(8)(b) and (c), 6 and 7 in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other provisions in these Regulations in exercise of the powers conferred by section 11 of the Consumer Protection Act 19874.

1 GENERAL

PART 1

GENERAL

S-1 Citation and Commencement

Citation and Commencement

1. These Regulations may be cited as the Aerosol Dispensers Regulations 2009 and shall come into force on 29th April 2010.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“aerosol dispenser” means any non-reusable container made of metal, glass or plastic and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;

“compliance mark” means the symbol “3” (reversed epsilon);

“Directive” means Council Directive 75/324/EECon the approximation of the laws of the Member States relating to aerosol dispensers5;

“relevant aerosol dispenser” means an aerosol dispenser which does not fall within the exception in Article 1 of the Directive.

(2) The reference in regulation 3(7)(c)(ii) and (iii) to the test method specified in point 6.1.4.1(b) and (c) of the Annex to the Directive is a reference to—

(a)

(a) a test method approved under point 6.1.4.3(a) of that Annex, when these Regulations are made unless paragraph (3) applies and where in relation to that test method the other conditions in point 6.1.4.3 are satisfied; or

(b)

(b) such other test method which has been approved in writing by the Secretary of State for the purposes of these Regulations and where in relation to that test method the conditions in point 6.1.4.3 are satisfied.

(3) This paragraph applies where the Secretary of State has specified in writing that a test method which is approved under point 6.1.4.3(a) of the Annex to the Directive when these Regulations are made, is not approved for the purposes of these Regulations.

S-3 Requirements for the marking of aerosol dispensers

Requirements for the marking of aerosol dispensers

3.—(1) Paragraphs (2) to (8) set out the requirements which must be complied with under regulation 5 in order to mark an aerosol dispenser with a compliance mark.

(2) The aerosol dispenser is a relevant aerosol dispenser.

(3) The person responsible for the marketing of the aerosol dispenser has complied with the obligations set out after the heading to point 2 (general provisions) and immediately before point 2.1 of the Annex to the Directive.

(4) The aerosol dispenser complies with the general provisions relating to construction set out in point 2.1 of the Annex to the Directive.

(5) The aerosol dispenser complies with the provision relating to the volume of the liquid phase set out in point 2.4 of the Annex to the Directive.

(6) The aerosol dispenser complies with the special provisions set out in points 3, 4 and 5 of the Annex to the Directive in the case of metal, glass and plastic dispensers respectively.

(7) The aerosol dispenser—

(a)

(a) meets the test specified in point 6.1.1 of the Annex to the Directive in the case of empty containers;

(b)

(b) meets the tests specified in point 6.1.2 and 6.1.3 in the case of empty metal and protected glass dispensers respectively; and

(c)

(c) satisfies one of the following subparagraphs—

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

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

(iii) it meets the test method specified in point 6.1.4.1(c).

(8) Unless paragraph (9) applies, the aerosol dispenser is marked in characters which are visible, legible, indelible and (unless it is unlikely that the dispenser will be used in the United Kingdom) in the English language, with—

(a)

(a) the information required by Article 8.1(a), (c), and (d) and Article 8.1a of the Directive;

(b)

(b) the net contents by volume expressed in metric units; and

(c)

(c) if the person responsible for marketing the dispenser sees fit, the net contents by weight expressed in metric units.

(9) This paragraph applies where—

(a)

(a) the capacity of the dispenser does not exceed 150ml;

(b)

(b) the dispenser is too small to be marked with the information referred to in paragraph (8); and

(c)

(c) that information is marked on a label attached to the dispenser.

2 PROHIBITIONS

PART 2

PROHIBITIONS

S-4 Prohibition of sale or supply of unmarked relevant aerosol dispensers

Prohibition of sale or supply of unmarked relevant aerosol dispensers

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

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