Statutory guidance

Aerosol Dispensers Regulations 2009: UK

Published 18 December 2024

Guidance on the regulations as they apply to equipment being supplied in or into the United Kingdom.

December 2024

1. Introduction

The Aerosol Dispensers Regulations 2009 (2009 Regulations) sets out the basis for ensuring the safety of aerosol dispensers placed on the market in the UK. This guidance is for businesses placing relevant aerosols on the UK market in compliance with those regulations. The Regulations apply differently in Great Britain (“GB”) and Northern Ireland (“NI”). (GB comprises England, Scotland, and Wales. It does not include the Isle of Man or the Channel Islands.)

The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Products regulated under the 2009 Regulations that can be placed on the market in NI in accordance with the legislation as it applies in NI can be sold in the rest of the UK.

Read guidance on qualifying NI goods.

2. Legislative Background

The 2009 Regulations implemented the provisions in the Aerosol Dispensers Directive (75/324/EEC). The main aim of the 2009 Regulations is to protect public health by requiring relevant aerosol dispensers placed on the market to comply with safety standards.

The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so they can continue to function effectively now the UK has left the EU. Accordingly, for the GB market, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

For the NI market, under the terms of the Windsor Framework, the 2009 Regulations continue to implement the provisions of the Aerosols Dispensers Directive, and these should be followed in order to place relevant aerosol dispensers on the NI market.

3. Scope

The 2009 Regulations apply to aerosol dispensers that are non-reusable containers made of metal, glass or plastic and contain 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, powder or in a liquid state.

Part 1 of the Regulations contains the interpretation section and explains the terms used within the document. Regulation 3 covers the requirements to be met to mark an aerosol dispenser with the UK compliance markings, including general product labelling provisions. The Regulations apply to relevant aerosol dispensers as defined at Regulation 2. The definition of what is classed as a relevant aerosol dispenser considers the nature of the material used to construct the can and its capacity.

Part 2 of the Regulations contains the prohibitions of sale or supply of unmarked or non-compliant marked relevant aerosols dispensers, and the requirements for qualifying NI goods.

Part 3 covers the provisions in place in the event of contraventions of the requirements of the Regulations.

Schedule 1A outlines the technical requirements to be met for relevant aerosol dispensers covered by these Regulations before they can be placed on the market. This includes the labelling requirements which are outlined at Part 2 (General Provisions). The test requirements to be guaranteed by the person responsible for marketing an aerosol dispenser are outlined at Part 6 including the provisions for alternative test methods.

4. Interaction with other legislative provisions

Aerosol dispensers may contain flammable ingredients and so must be assessed for flammability as described in Schedule 1A Part 1.9 and labelled according to the requirements of the classification and labelling of chemical regulations (GBCLP) as referenced by Schedule 1A Part 2.

Aerosol dispensers are used in many sectors such as cosmetics, household products as well as in the pharmaceutical and automotive industries. This means that in addition to the 2009 Regulations, other sectoral regulations may also apply to products and should be considered when determining appropriate safety requirements. These include cosmetics products regulations, biocidal products regulations, and the UK regulations on detergents, medicines, medical devices, and food labelling.

Read guidance on placing manufactured goods on the market.

Read guidance on weights and measures for packaged goods.

Consumer protection

The Consumer Protection Act 1987 (CPA) provides the legal basis for much of the consumer safety legislation introduced in the UK. Infringement of the 2009 Regulations would attract enforcement action under the CPA.

Read guidance on consumer rights.

Transport

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) sets out mandatory standards for the safe carriage of aerosol dispensers, amongst other goods. Together, with the European agreement entitled Agreement Concerning the International Carriage of Dangerous Goods by Road and commonly referred to as ADR, these regulations cover the requirements for the secure carriage of dangerous goods by road and are highly prescriptive.

Read the Carriage of Dangerous Goods Manual – HSE website

Labelling for hazards presented by chemicals

For aerosol dispensers that are not cosmetic products, food, medicines or medical devices, the laws on chemical classification and labelling establish the duty to classify chemicals and set out the rules that should be followed. The Classification, Labelling and Packaging of substances and mixtures (CLP) Regulation ensures that the hazards presented by chemicals are clearly communicated to workers and consumers in the European Union through classification and labelling of chemicals. The European Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures applies in all EU Member States. The EU CLP Regulation as amended, is retained in GB law. These arrangements mean that Great Britain continues to adopt the Globally Harmonised System (GHS), independently of the European Union. Sector regulations for products such as, for example, detergents, biocides, paints, etc., although subject to GBCLP, often also set further labelling requirements.

Sector regulations for cosmetic products, food, medicines and medical devices that are exempt from GBCLP (except for flammability labelling) set their own additional labelling requirements.

Read guidance on CLP – HSE website

Read the guidance on UK REACH – HSE website

5. Compliance marking and conformity assessment requirements

Either the UK conformity assessment (UKCA) marking or the reversed epsilon marking can be used on products placed on the market in GB. Use of these marks on an aerosol dispenser shows that the product complies with requirements in legislation applying in GB. Self-declaration of conformity is permitted by the 2009 Regulations for aerosol dispensers subject to alternative tests such as the Hot Water Bath test, meaning manufacturers placing aerosol dispensers on the market can affix the UKCA marking or the reversed epsilon marking before placing the products on the market.

6. Supplying aerosol dispensers to the GB market

To be able to be marked with the UKCA marking or the reversed epsilon marking, the aerosol must comply with the requirements set out in Regulation 3 and Schedule 1A, including those about safety testing.

Aerosol dispensers marked with the UKCA marking can only be placed on the GB market.

Until 31 December 2027, the UKCA marking may be affixed to a label or a document accompanying the dispenser.

Aerosol dispensers complying with the Regulations as they apply in NI, including those with the reversed epsilon marking, may also be placed on the market in GB.

Read guidance on UKCA marking.

7. Supplying aerosol dispensers to the NI market

Under the terms of the Windsor Framework, NI aligns with relevant EU rules relating to the placing on the market of manufactured goods.

For relevant aerosol dispensers, this is the 2009 Regulations as they apply in NI.

The reversed epsilon marking continues to be the compliance mark for aerosol dispensers supplied to the NI market.

Where the safety requirements have been satisfied by a test method approved in writing by the Secretary of State, the person responsible for the marketing of the aerosol dispenser must mark the aerosol dispenser with the UK(NI) marking in addition to the reversed epsilon.

Aerosol dispensers placed on the market in NI in accordance with the regulations can be sold in the rest of the UK without any additional approvals.

It is possible to affix both the UKCA marking and the reversed epsilon marking to an aerosol dispenser as long as the EU and GB requirements remain the same. When selling to the EU, the reversed epsilon marking remains mandatory.

Read guidance on UKNI marking.

8. Leak testing of filled aerosols

The 2009 Regulations permits the following methods for leak testing filled aerosols dispensers:

• hot water bath test
• hot final test methods
• cold final test methods

Testing is aimed to help establish the initial integrity of filled aerosols for consumer and transport safety reasons. The most used method is the hot water bath test. Aerosol dispensers subject to any of the alternative methods to the hot water bath test require approval from the Secretary of State obtained through the Vehicle Certification Agency Dangerous Goods Office of the Department for Transport (DfT). The approval is granted as part of the process to obtain the clearances required for the transport of aerosol dispensers.

Aerosol dispensers containing compressed gas which are filled, transported, or placed on the market in the UK must pass a leak proofness test before they are offered for carriage. This is a requirement of both the Aerosol Dispensers Directive and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG), the latter by reference to the European Agreement on the Transport of Dangerous Goods by Road (ADR).

The Dangerous Goods Division of the DfT performs the functions of the Competent Authority for the United Kingdom on behalf of the Secretary of State for Transport. There are established procedures to authorise aerosol and gas cartridge fillers to operate an alternative leak proofness test system, in accordance with the requirements of ADR. The authorisation programme is operated by the VCA Dangerous Goods Office (VCA), an executive agency of the DfT.

Read about the arrangements for the approval of alternatives to the hot water bath method.

Table 1: Approval for alternative methods and compliance marking of these aerosol dispensers

Columns:

1. Where product is placed on the market
2. Where aerosol dispenser is filled
3. Regulatory regime for approval
4. Who grants the approval?
5. Compliance marking for placing on the market

1	2	3	4	5
GB	GB	SI 2009/2824 as amended	DfT via VCA	UKCA
GB	NI	SI 2009/2824 as amended	HSENI via VCA	UKCA
GB	Country ADR Signatory	SI 2009/2824 as amended	Relevant National Transport Competent Authority	UKCA
GB	Country not ADR Signatory	SI 2009/2824 as amended	By special arrangement with DfT via VCA	UKCA
NI	GB	Directive 75/324/EEC	DfT via VCA	UKNI / Reversed epsilon
NI	NI	Directive 75/324/EEC	HSENI via VCA	Reversed epsilon
NI	Country ADR Signatory	Directive 75/324/EEC	Relevant National Transport Competent Authority	Reversed epsilon
NI	Country not ADR Signatory	Directive 75/324/EEC	By special arrangement with HSENI via VCA	Reversed epsilon
EU	GB	Directive 75/324/EEC	DfT via VCA	Reversed epsilon
EU	NI	Directive 75/324/EEC	HSENI via VCA	Reversed epsilon
Rest of World / ADR Signatory	GB	ADR / local regs	DfT via VCA for transport to market	Check local requirements
Rest of World / ADR Signatory	NI	ADR / local regs	HSENI via VCA for transport to market	Check local requirements
Rest of World / Not ADR Signatory	GB	ADR / local regs	DfT via VCA for transport to port of entry for market	Check local requirements
Rest of World / Not ADR Signatory	NI	ADR / local regs	HSENI via VCA for transport to port of entry for market	Check local requirements

9. Obligations of the person responsible for the marketing of the aerosol dispenser

The 2009 Regulations place obligations on the person responsible for the marketing of the aerosol dispenser because it does not stipulate separate roles for the economic operators in the supply chain. There is no restriction on where the person marketing the aerosol dispensers must be established set out in the legislation. Obligations of the person responsible for the marketing of the aerosol dispenser cover the following areas:

• Meet the general provisions specified in the regulations about analysing the flammability and pressure hazards (including risks which result from inhalation) which apply to the aerosol dispenser and as part of the requirements for the conformity marking of aerosol dispensers.
• Include their name and address or trademark and consider including the net contents by weight expressed in metric units as part of product labelling.
• If the chemical heat of combustion is used as a parameter for assessing the flammability of aerosols, describe the method used for determining the chemical heat of combustion in a document retained at the address specified as part of product labelling.
• Providing assurances on technical specifications relating to required tests for example about the bursting pressure of containers and whether these comply with laid down recommendations.
• For alternative test methods, submit the application for approval and retain copies of relevant documents including technical files for surveillance purposes.

10. Enforcement

In GB, local trading standards authorities have a duty to enforce the Regulations in relation to consumer goods i.e., those intended for private use or consumption.