The Aerosol Dispensers Regulations 2009 No. 2824

PART 2 U.K. PROHIBITIONS

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—

[F1 (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]

[F2 (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

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. 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)

F2 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

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