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The Aerosol Dispensers Regulations 2009
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- UK Statutory Instruments
- 2009 No. 2824
- PART 1
- Regulation 3
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Requirements for the marking of aerosol dispensersE+W+S
This section has no associated Explanatory Memorandum
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 [F1or where paragraph (1A) applies, on a label affixed to, or a document accompanying, the aerosol dispenser] with [F2the UK marking].
[F3(1A) For a period of [F4seven years] beginning with IP completion day, the UK marking may be affixed to—
(a)a label affixed to the aerosol dispenser; or
(b)a document accompanying the aerosol dispenser.]
(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 [F5Schedule 1A].
(4) The aerosol dispenser complies with the general provisions relating to construction set out in point 2.1 of [F5Schedule 1A].
(5) The aerosol dispenser complies with the provision relating to the volume of the liquid phase set out in [F6point 2.3] of [F5Schedule 1A].
(6) The aerosol dispenser complies with the special provisions set out in points 3, 4 and 5 of [F5Schedule 1A] 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 [F5Schedule 1A] in the case of empty containers;
(b)meets the tests specified in point 6.1.2 and 6.1.3 [F7of Schedule 1A] 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) [F8of Schedule 1A] and the dispenser is not of a type referred to in point 6.1.4.2 [F9of that Schedule];
(ii)it meets the test method specified in point 6.1.4.1(b) [F8of Schedule 1A] and the dispenser is not of a type referred to in point 6.1.4.2 [F9of that Schedule];
(iii)it meets the test method specified in point 6.1.4.1(c) [F8of Schedule 1A].
(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—
[F10(a)the following information—
(i)the name and address or trade mark of the person responsible for marketing the aerosol dispenser;
(ii)code markings enabling the filling batch to be identified;
(iii)the details referred to in point 2.2 of Schedule 1A; and
(iv)where an aerosol dispenser—
(aa)contains flammable components as defined in point 1.8 of Schedule 1A; and
(bb)is not classified as extremely flammable or flammable in accordance with the classifications set out in point 1.9 of Schedule 1A;
the quantity of flammable material contained in the aerosol dispenser must be clearly stated on the label in legible and indelible wording in the following form—“X % by mass of the contents are flammable”;]
(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.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 3(1) 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. 3(a)(i) (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(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 3(1) 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. 3(a)(ii) (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(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 3(1A) inserted (E.W.S.) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 13 para. 3(aa) (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(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 3(1A) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (d)
F5Words in reg. 3 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. 3(b) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 3(5) substituted (19.6.2014) by The Aerosol Dispensers (Amendment) Regulations 2014 (S.I. 2014/1130), regs. 1, 3(2) (with reg. 4)
F7Words in reg. 3(7)(b) 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. 3(c) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 3(7)(c) 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. 3(d)(i) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 3(7)(c) 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. 3(d)(ii) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F10Reg. 3(8)(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. 3(e) (with reg. 2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Requirements for the marking of aerosol dispensersN.I.
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 [F11point 2.3] 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).
[F12(7A) Where paragraph (7)(c) is satisfied by a test method specified in point 6.1.4.1(b) or 6.1.4.1(c) which has been approved in writing by the Secretary of State for the purposes of these Regulations, the person responsible for the marketing of the aerosol dispenser has marked the aerosol dispenser with a UK(NI) indication.]
(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 [F13Article 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.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F11Words in reg. 3(5) substituted (19.6.2014) by The Aerosol Dispensers (Amendment) Regulations 2014 (S.I. 2014/1130), regs. 1, 3(2) (with reg. 4)
F12Reg. 3(7A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 4(3)
F13Words in reg. 3(8)(a) substituted (19.6.2014) by The Aerosol Dispensers (Amendment) Regulations 2014 (S.I. 2014/1130), regs. 1, 3(3) (with reg. 4)
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