Advanced Search

Decree No. 2010-323, March 23, 2010 On The Prevention Of Risks Arising From The Use Of Aerosol Dispensers

Original Language Title: Décret n° 2010-323 du 23 mars 2010 relatif à la prévention des risques résultant de l'usage des générateurs d'aérosol

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Texts transposed

Directive 2007/45/EC of the European Parliament and the Council setting the rules on nominal quantities of prepackaged products, repealing Council Directives 75/106/EEC and 80/232/EEC and amending Council Directive 76/211/EEC

Commission Directive 2008/47/EC amending Council Directive 75/324/EEC on the approximation of the legislation of member States relating to aerosol generators, with a view to its adaptation to technical progress

Application texts

Summary

Repeal of Decree 97-106 and Article 4 bis of the Decree of 18 January 1943 on gas-pressed appliances. Full transfer of Commission Directive 2008/47/EC amending Council Directive 75/324/EEC on the approximation of the legislation of member States relating to aerosol generators, with a view to its adaptation to technical progress, Directive 2007/45/EC of the European Parliament and Council setting the rules on nominal quantities of prepackaged products, repealing Council Directives 75/106/EEC and 80/232/EEC of the Council,

Keywords

ECONOMIE , INDUSTRIE , AEROSOL , GENERATEUR D'AEROSOL , FABRICATION , PROTECTION OF THE CONSUMTER , SECURITY OF THE PERSON , CONDITIONING , COMMERCIALIZATION , ETIQUETAGE , MARGEPOSITION CE , MENTION OBLIGATORY ,


JORF no.0071 of 25 March 2010 page 5843
text No. 14



Decree No. 2010-323 of 23 March 2010 on the prevention of risks resulting from the use of aerosol generators

NOR: ECEC0922914D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/3/23/ECEC0922914D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/3/23/2010-323/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Having regard to amended Directive No. 67/548/EEC of 27 June 1967 on the approximation of legislation, regulations and administrative regulations relating to the classification, packaging and labelling of hazardous substances, including its annexes II and IV;
Having regard to Directive No. 75/324/EEC of 20 May 1975 on the approximation of the legislation of the Member States relating to aerosol generators, last amended by Commission Directive 2008/47/EC of 8 April 2008 and Regulation (EC) No. 219/2009 of 11 March 2009;
Having regard to Directive No. 2007/45/EC of the European Parliament and of the Council of 5 September 2007 setting the rules on nominal quantities of prepackaged products, repealing Council Directives 75/106/EEC and 80/232/EEC and amending Council Directive 76/211/EEC, including Article 4;
Vu le Consumer codeincluding article L. 221-3;
Vu le Criminal codeincluding articles 111-2, 131-13 and R. 610-1;
In view of the amended Decree No. 63 of 18 January 1943 concerning the regulation of gas-pressed appliances, including article 4 bis;
Considering the opinion of the Consumer Safety Commission of 14 January 2010;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


For the purpose of this decree, "aerosol generator" means the whole consisting of a non-reusable receptacle made of metal, glass or plastic containing a compressed, liquefied or dissatisfied gas under pressure, with or without liquid, paste or powder and provided with a sampling device allowing the release of the contents in the form of solid or liquid suspended particles in a gas or in the form of foam, paste or powder or liquid.

Article 2 Learn more about this article...


The aerosol generators defined in Article 1 shall indicate the total nominal capacity of the receptacle. This indication is such that any confusion with the nominal volume of the content is avoided.

Article 3 Learn more about this article...


The provisions of Articles 4 and 5 shall not apply to aerosol generators whose receptacle has a total capacity of less than 50 milliliters and to those whose receptacle has a total capacity greater than that specified in paragraphs 3.1, 4.1.1, 4.2.1, 5.1 and 5.2 of the annex to this Order.

Article 4 Learn more about this article...


The person responsible for placing the aerosol generators on the Union market signs "3" (upside down) and the aerosol generators meet the requirements of this decree and its annex and the joint orders of the ministers responsible for the industry, consumption and industrial safety taken for its application.
These Orders determine the test requirements to which the Union's market leader is required to meet, as set out in the Annex 6 to Directive No. 75/324/EEC dated 20 May 1975 referred to above.
It is forbidden to affix on the aerosol generators marks or inscriptions that create confusion with the sign "3" (upside down).

Article 5 Learn more about this article...


I. ― Each aerosol generator or label attached to it, in case it is not possible to indicate the aerosol generator because of its small dimensions, i.e. the total capacity equal to or less than 150 millilitres, bears in a visible, legible and indelible manner the following indications:
(a) The name and address or registered trademark of the person responsible for placing the aerosol generator in the Union market;
(b) The symbol of conformity: sign "3" (upsided) ;
(c) coded indications to identify the production lot;
(d) The references listed in items 2.2 and 2.3 of the annex to this Order;
(e) Net content by weight and volume.
However, products sold as aerosol generators may not indicate the nominal weight of their content.
II. ― When an aerosol generator contains flammable components, as defined in point 1.8 of the annex to this decree, but the generator itself is not considered to be "flammable" or "extremely flammable", in accordance with the criteria set out in point 1.9 of this annex, the quantity of flammable components contained in the aerosol generator appears on the label in a visible manner, the
III. ― The references in I and II are written in French.

Article 6 Learn more about this article...


It is punishable by the penalty of fines provided for contraventions of the 5th class to import, hold for sale or distribution free of charge, to sell, sell or distribute aerosol generators free of charge, not satisfying the provisions of this decree.
In the event of recidivism, the penalty for recidivism of the 5th class contraventions is applicable.

Article 7 Learn more about this article...


Decree No. 97-106 of 3 February 1997 on the prevention of risks resulting from the use of aerosols is repealed.

Article 8 Learn more about this article...


Article 4 bis of Decree No. 63 of 18 January 1943 on gas-pressed appliances is repealed.

Article 9 Learn more about this article...


The provisions of this Decree come into force on 29 April 2010.

Article 10 Learn more about this article...


The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Economy, Industry and Employment and the Secretary of State in charge of trade, crafts, small and medium-sized enterprises, tourism, services and consumption are responsible, each with regard to it, for the execution of this decree published in the French Republic.

  • Annex



    A N N E X E
    1. Definitions
    1.1. Pressures


    "pressure" means the internal pressures expressed in bars (relative pressures).


    1.2. Test pressure


    The "test pressure" means the pressure to which the vacuum receptacle of the aerosol generator can be subjected for 25 seconds without a leaking or that the metal or plastic receptacles have visible and permanent deformations, with the exception of those allowed in point 6.1.1.2.


    1.3. Breakdown pressure


    The minimum pressure that causes an opening or a breakout of the aerosol generator container is defined by the "pressure pressure".


    1.4. Total container capacity


    "total capacity" means the volume, expressed in millilitres, of an open container defined at the height of its opening.


    1.5. Net capacity


    By "net capacity" means the volume, expressed in millilitres, of the container of the aerosol conditioned generator.


    1.6. Volume of the liquid phase


    The volume of the liquid phase means the volume that is occupied by non-gaseous phases in the container of the aerosol-conditioning generator.


    1.7. Test conditions


    "test conditions" means the hydraulic test and rupture pressures at 20 °C (at ± 5 °C).


    1.8. Flammable components


    The components of an aerosol are considered flammable as long as they contain any component classified as flammable:
    (a) "flammable liquid" means a liquid with a flashpoint not exceeding 93 °C;
    (b) "flammable solid material" means a solid substance or mixture that is easily flammable or can cause a fire or contribute to it by friction. Easily flammable solids are pulverulent, granular or pulpy substances or mixtures, which are dangerous if they fire easily in contact with a source of ignition, such as a burning light, and if the flame spreads rapidly;
    (c) "flammable gas" means a gas or gas mixture having a flammability field mixed with air at 20 °C and a normal pressure of 1.013 bar.
    This definition does not include pyrophoric, self-heating or hydroreactive substances and mixtures, which cannot in any case be used as aerosol generator components.


    1.9. Flammable aerosols


    For the purposes of this decree, an aerosol is considered to be "flammable", "flammable" or "extremely flammable" depending on its chemical heat of combustion and its mass content in flammable components, as follows:
    (a) An aerosol is classified as "extremely flammable" if it contains at least 85% of flammable components and if its chemical combustion heat is equal to or greater than 30 kJ/g;
    (b) An aerosol is classified as "inflammable" if it contains not more than 1% of flammable components and if its chemical combustion heat is less than 20 kJ/g;
    (c) All other aerosols must be subjected to the following procedures for classification of their flammability or, if not, are classified as "extremely flammable". Tests of the distance of ignition, flammability in a closed space and flammability of foams must meet the requirements set by order.


    1.9.1. Flammable vaporized aerosols


    In the case of vaporized aerosols, the classification shall be based on the chemical heat of combustion and the results of the ignition distance test, as follows:
    (a) If the combustion chemical heat is less than 20 kJ/g:
    (i) aerosol is classified as "flammable" if ignition occurs at a distance equal to or greater than 15 cm but less than 75 cm;
    ii) aerosol is classified as "extremely flammable" if ignition occurs at a distance equal to or greater than 75 cm;
    (iii) if no ignition occurs during the ignition distance test, the flammability test is carried out in a closed space and, in this case, the aerosol is classified as "flammable" if the equivalent ignition time is less than or equal to 300 s/m3 or if the deflagration density is less than or equal to 300 g/m3; aerosol is classified as "inflammable" in other cases;
    (b) If the chemical heat of combustion is equal to or greater than 20 kJ/g, the aerosol is classified as "extremely flammable" if the ignition occurs at a distance equal to or greater than 75 cm; aerosol is classified as "flammable" in other cases.


    1.9.2. Flammable aerosol foams


    In the case of aerosol foams, the classification shall be based on the results of the foam flammability test.
    (a) Aerosol is classified as "extremely flammable":
    (i) if the flame height is equal to or greater than 20 cm and the flame duration is equal to or greater than 2 seconds,
    or
    (ii) if the flame height is equal to or greater than 4 cm and the flame duration is equal to or greater than 7 seconds;
    (b) The aerosol that does not meet the criteria of point a is classified as "flammable" if the flame height is equal to or greater than 4 cm and the flame duration is equal to or greater than 2 seconds.


    1.10. Combustion chemical heat


    The value of chemical combustion heat (Hc) is determined:
    (a) Either in accordance with generally recognized technical rules, such as ASTM D. 240, ISO 13943 86.1 to 86.3 and NFPA 30B or certified scientific literature;
    (b) In accordance with the following calculation method:
    The chemical heat of combustion (Hc), expressed in kilojoules per gram (kJ/g), is the product of the theoretical heat of combustion (Hcomb) and the coefficient of efficiency of combustion, which is generally less than 1.0 (it is most often in the order of 0.95 or 95%).
    For aerosol preparation comprising several components, the chemical heat of combustion is the sum of the weighted values of combustion heat for individual components, calculated as follows:



    You can consult the table in the
    JOn° 71 of 25/03/2010 text number 14



    where:
    Hc = chemical combustion heat of the product (in kJ/g);
    wi% = mass fraction of component i in the product;
    Hc(i) = specific combustion heat of component i in the product (in kJ/g).
    If the chemical heat of combustion is one of the parameters of the assessment of the flammability of aerosols, according to the provisions of this decree, the person responsible for placing on the market of the aerosol generator is required to describe the method used to calculate the said data in a document that is easy to obtain, in one of the official languages of the Community, at the address indicated on the label, in accordance with Article 5.


    2. General provisions


    Without prejudice to the specific provisions of the schedule setting out the requirements for ignition and pressure risks, the person responsible for placing aerosol generators on the market is required to conduct a risk analysis to determine what their products are. Where applicable, the analysis shall include an assessment of the risks associated with the inhalation of the sprayed product by the aerosol generator under normal or reasonably foreseeable conditions of use, taking into account the distribution of the sizes of the droplets relative to the physical and chemical properties of the components.
    It shall then take into account the results of the analysis in the design, development and testing of the aerosol and for the development of specific references to its use, if any.


    2.1. Construction and equipment


    2.1.1. The conditioned aerosol generator shall be such that it meets, under normal conditions of use and storage, the provisions of this annex.
    2.1.2. The valve shall, under normal storage and transport conditions, allow a practically watertight closure of the aerosol generator and be protected from involuntary openings as well as from any deterioration, for example by means of a protective cover.
    2.1.3. The mechanical resistance of the aerosol generator must not be reduced by the action of the substances contained in the receptacle, even during a prolonged storage period.


    2.2. Labelling


    Without prejudice to the provisions of the guidelines for the classification, packaging and labelling of hazardous substances and preparations, particularly in the field of health hazards and/or the environment, any aerosol generator must clearly, legible and indelible include the following:
    (a) Whatever its content: "Recipient under pressure. To protect against sun rays and not to expose at a temperature greater than 50 °C. Do not drill or burn even after use »;
    (b) When classified as "flammable" or "extremely flammable" according to the criteria set out in 1.9:
    - the symbol of a flame, in accordance with the model set out in Appendix II to the above-mentioned Directive of June 27, 1967;
    "flammable" or "extremely flammable" as the aerosol is classified as "flammable" or "extremely flammable".


    2.3. Specific information related to use


    Without prejudice to the guidelines for the classification, packaging and labelling of hazardous substances and preparations, particularly in the field of health or environment hazards, any aerosol generator must clearly, legibly and indelibly bear the following:
    (a) Regardless of its content, any additional employment precaution that informs consumers of the specific dangers of the product; if the aerosol generator is accompanied by a separate user notice, the latter must also state such precautions;
    (b) When classified as "flammable" or "extremely flammable" according to the criteria set out in 1.9 the following warnings:
    – the precautionary advice S2 and S16 contained in annex IV to the above-mentioned directive of 27 June 1967;
    “Do not spray to a flame or an incandescent body.”


    2.4. Volume of the liquid phase


    At 50 °C, the volume of the existing liquid phase shall not exceed 90% of the net capacity.


    3. Specific provisions for aerosol generators
    of which the receptacle is metal
    3.1. Capacity


    The total capacity of these containers may not exceed 1,000 milliliters.


    3.1.1. Test pressure of the receptacle


    (a) For containers intended to be packaged under a pressure of less than 6.7 bar at 50 °C, the test pressure shall be at least 10 bar.
    (b) For receptacles intended to be conditioned under a pressure equal to or greater than 6.7 bar at 50 °C, the test pressure shall be 50% higher than the internal pressure at 50 °C.


    3.1.2. Packaging


    At 50 °C, the aerosol generator pressure shall not exceed 12 bars.
    However, if the aerosol generator does not contain any gas or gas mixture having a flammability field in mixture with the air at 20 °C and at a normal pressure of 1.013 bar, the maximum permissible pressure at 50 °C is 13.2 bar.


    4. Specific provisions for aerosol generators
    of which the receptacle is made of glass
    4.1. Laminated or protected containers
    on a permanent basis


    Containers of this type may be used for compressed, liquefied or dissolved gas packaging.


    4.1.1. Capacity


    The total capacity of these containers cannot exceed 220 millilitres.


    4.1.2. Covering


    The coating shall be made up of a protective cover made of plastic or other suitable material, intended to avoid the risk of screening of glass breaks in the event of accidental damage to the container, and shall be designed in such a way that there is no projection of glass breaks when the aerosol-packed generator, carried at the temperature of 20 °C, falls from a height of 1.8 m on a concrete floor.


    4.1.3. Test pressure of the receptacle


    (a) Containers used for compressed or dissolved gas packaging shall withstand a test pressure at least 12 bar.
    (b) The receptacles used for liquefied gas packaging shall withstand a test pressure at least 10 bar.


    4.1.4. Packaging


    (a) The aerosol-packed generators with compressed gases shall not have to bear, at 50 °C, a pressure greater than 9 bars.
    (b) The aerosol-packed generators with dissolved gases shall not have to bear, at 50 °C, a pressure greater than 8 bars.
    (c) The aerosol-packed generators with liquefied gases or liquefied gas mixtures shall not have to bear pressures greater than those indicated in the following table at 20 °C:


    TOTAL CAPACITY
    FORCENTAGE IN POIDS
    liquefied gas in the total mixture

    20%
    50 per cent
    80 per cent

    50 to 80 ml

    3.5 bar

    2.8 bars

    2.5 bars

    More than 80 ml to 160 ml

    3.2 bars

    2.5 bars

    2.2 bars

    More than 160 ml to 220 ml

    2.8 bars

    2.1 bars

    1.8 bar


    This table shows the permissible pressure limits at 20 °C depending on the gas percentage.
    For percentages of gas not included in this table, the limit pressures are calculated by extrapolation.


    4.2. Unprotected glass receptacle


    Aerosol generators that use unprotected glass containers are conditioned exclusively with liquefied or dissolved gas.


    4.2.1. Capacity


    The total capacity of these containers may not exceed 150 millilitres.


    4.2.2. Test pressure of the receptacle


    The test pressure of the receptacle shall be at least 12 bar.


    4.2.3. Packaging


    (a) The aerosol-packed generators with dissolved gases shall not have to bear, at 50 °C, a pressure greater than 8 bars.
    (b) The aerosol-packed generators with liquefied gases shall not have to bear pressures greater than those indicated in the following table at 20 °C:


    TOTAL CAPACITY
    FORCENTAGE IN POIDS
    liquefied gas in the total mixture

    20%
    50 per cent
    80 per cent

    50 to 70 ml

    1.5 bar

    1.5 bar

    1.25 bar

    More than 70 to 150 ml

    1.5 bar

    1.5 bar

    1 bar


    This table shows the permissible pressure limits at 20 °C depending on the percentage of liquefied gas.
    For percentages of gas not included in this table, the limit pressures are calculated by extrapolation.


    5. Special provisions
    aerosol generators with plastic container


    5.1. The aerosol generators whose receptacle is made of plastic and which, at break, can produce fragments are assimilated to aerosol generators whose receptacle is made of unprotected glass.
    5.2. The aerosol generators whose receptacle is made of plastic and which, at break, cannot produce fragments are assimilated to aerosol generators whose receptacle is made of glass with protective wrap.


Done in Paris, March 23, 2010.


François Fillon


By the Prime Minister:


Minister of Economy,

industry and employment,

Christine Lagarde

Minister of State, Minister of Ecology,

of energy, sustainable development and the sea,

green technologies

and climate negotiations,

Jean-Louis Borloo

Secretary of State

responsible for trade, crafts,

small and medium-sized enterprises,

tourism, services and consumption,

Hervé Novelli


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.36 MB) Download the document in RDF (format: rdf, weight < 1 MB)