Regulation 5 Prohibition of sale or supply of non-compliant marked aerosol dispensersE1

England, Wales and Scotland

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.

Annotations

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)

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only