2009 No. 2824
The Aerosol Dispensers Regulations 2009
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to consumer protection.
In accordance with section 11(5) of the Consumer Protection Act 1987 M3 the 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 1987 M4.
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).
1987 c.43. Section 11(5) was amended by S.I. 2008/960, article 22, schedule 3.
Section 11(1) was amended by S.I. 2005/1803, regulation 46(1) and (3).
PART 1GENERAL
Citation and Commencement1
These Regulations may be cited as the Aerosol Dispensers Regulations 2009 and shall come into force on 29th April 2010.
Interpretation2
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/EEC on the approximation of the laws of the Member States relating to aerosol dispensers M5;
“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 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
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.
Requirements for the marking of aerosol dispensers3
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
meets the test specified in point 6.1.1 of the Annex to the Directive in the case of empty containers;
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
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
the information required by Article 8.1(a), (c), and (d) and Article 8.1a of the Directive;
b
the net contents by volume expressed in metric units; and
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
the capacity of the dispenser does not exceed 150ml;
b
the dispenser is too small to be marked with the information referred to in paragraph (8); and
c
that information is marked on a label attached to the dispenser.
PART 2PROHIBITIONS
Prohibition of sale or supply of unmarked relevant aerosol dispensers4
A person shall not supply or have in his possession for supply a relevant aerosol dispenser which is not marked with a compliance mark.
Prohibition of sale or supply of non-compliant marked aerosol dispensers5
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.
PART 3SUPPLEMENTARY
Contravention of these Regulations6
1
For the purposes of the Consumer Protection Act 1987 these Regulations, with the exception of regulation 3(8)(b) and (c), are safety regulations made under section 11 of that Act.
2
Regulation 3(8)(b), which is not made under that Act, shall be treated as if it was a safety regulation made for all purposes under section 11 of that Act.
3
Notwithstanding section 12(5) of the Consumer Protection Act 1987 any person guilty of an offence under that section of contravening the prohibition in regulation 5(a) by reason only of a failure to comply with regulation 3(8)(b) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or to a term of imprisonment not exceeding 3 months or both.
Amendments7
Subject to regulation 8, the Schedule (which contains revocations and an amendment) shall have effect.
Transitional provision8
1
Regulations 4 and 5(a) do not prohibit the supply of, or possession for supply of, an aerosol dispenser which, before 29th April 2010, was marked with the reversed epsilon marking in accordance with the provisions of the Aerosol Dispensers (EEC Requirements) Regulations 1977 M6.
2
Paragraph (1) does not apply after 28th October 2010.
SCHEDULERevocations and Amendment
Aerosol Dispensers (EEC Requirements) Regulations 19771
The Aerosol Dispensers (EEC Requirements) Regulations 1977 are revoked.
Aerosol Dispensers (EEC Requirements) (Amendment) Regulations 19812
The Aerosol Dispensers (EEC Requirements) (Amendment) Regulations 1981 M7 are revoked.
Aerosol Dispensers (EEC Requirements) and the Cosmetic Products (Amendment) Regulations 19853
The Aerosol Dispensers (EEC Requirements) and the Cosmetic Products (Amendment) Regulations M8 are revoked.
Aerosol Dispensers (EEC Requirements) (Amendment) Regulations 19964
The Aerosol Dispensers (EEC Requirements) (Amendment) Regulations 1996 M9 are revoked.
Legislative and Regulatory Reform (Regulatory Functions) Order 20075
1
In the Schedule to the Legislative Reform (Regulatory Functions) Order 2007 M10, Part 3 is amended as follows.
2
Under the heading “Consumer and Business Protection” omit the words “Aerosol Dispensers (EEC Requirements) Regulations 1977”.
S.I. 1993/2661.