The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to regulation 5E+W+S

This section has no associated Explanatory Memorandum

6.  In regulation 5 (prohibition of sale or supply of non-compliant marked aerosol dispensers)—

(a)for paragraph (a), substitute—

“(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; F1...

[F2(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]

[F3(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”];

[F4(b)for paragraph (b) substitute—

“(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.”.]

Textual Amendments

F1Word in Sch. 13 para. 6(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 8(4)(a)

Commencement Information

I1Sch. 13 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1