In order to harmonize Ukrainian legislation with European legislation, on February 2, 2023, the Cabinet of Ministers of Ukraine adopted Resolution No. 154 "On Approval of Technical Resolution of Aerosol Sprayers," the entry into force of which will take place on November 25, 2023 (hereinafter - the Technical Regulations).
Technical regulations aerosol sprayers developed on the basis of Council of 75/324/ЄYeS Directive of 20 May 1975 on the approximation of the legislation of the EU member states regarding aerosol sprayers.
Let's start with the concept of aerosolizers - a product consisting of a single-use container, made of metal, glass or plastic, which contains compressed, liquefied or dissolved under pressure gas with liquid, paste or powder or without them, and equipped with a discharge device, which releases its contents as solid or liquid particles, suspended in gas, foam, paste or powder, or in liquid or gaseous state.
What are the new requirements for aerosol sprays? Aerosol products shall be tested by methods defined in the Technical Regulations, namely:
Requirements ⇒ Test methods
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Cosntruction and equipment ⇒ Inspection, measurement and testing
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Liquid phase volume ⇒ Test
- Cover ⇒ Test
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Vessel test pressure ⇒ Hydrotest, tensile pressure test
- Filling ⇒ Final inspection of filled aerosol sprayers: in a hot water bath, under hot conditions (alternative), under cold conditions (alternative).
Please note that if you wish to apply another, i.e. alternative test method, the Technical Regulations oblige the manufacturer to introduce a quality management system approved by the designated conformity assessment body.
A new marking of aerosol sprayers is also defined, which is possible only if it meets the requirements of the Technical Regulations and Annex 1 to it. Proper marking, which must be applied to the label, can only be determined in order to conduct product classification depending on the heat of combustion and the mass fraction of the content of flammable components. It can be as non-flammable, flammable or extremely flammable aerosol.
After the classification of products depending on the heat of combustion and the mass fraction of the content of flammable components., if the products meet all the requirements of this Technical Regulation, in addition to the seven above-mentioned labeling names, the entity introducing aerosol sprayers into circulation must mark them with the symbol "inverted epsilon," which indicates compliance with the requirements of the Technical Regulation. The perverted epsilon shall be at least 3 mm high.
Remember that the label should also indicate the name or registered trademark (mark for goods and services), the postal address of the entity, a code that allows you to identify a batch of one type of aerosol sprayer, net weight and capacity and the nominal total capacity of the container.
The Ministry of Internal Affairs of Ukraine (MIA) is the central executive body that performs the functions of technical regulation of aerosol sprayers and is responsible for the implementation of the Technical Regulation, and the State Emergency Service of Ukraine (SES) is the body of state market supervision of aerosol sprayers. That is, the State Emergency Service will check and control the labeling of aerosol sprayers on store shelves.
By the way, the Resolution of the Cabinet of Ministers established that the provision on the market of aerosol sprayers put into circulation before the date of entry into force of this Resolution, that is, until 25.11.2023, cannot be prohibited or limited due to the non-compliance of such products with the requirements of the Technical Regulations of aerosol sprayers approved by this resolution. At the same time, putting into circulation - providing products on the Ukrainian market for the first time, providing on the market - any paid or free supply of products for distribution, consumption or use on the Ukrainian market in the process of economic activity.
