What to Remember When Placing an Aerosol Product on the Market
Aerosol products are widely used in many sectors of the economy – from cosmetics and cleaning agents to technical preparations. Their popularity is primarily due to the convenient form of product application. Due to their form and construction, as well as their (most often) flammable nature, aerosol products are subject to additional legal and technical requirements compared to chemical products placed on the market in “standard” packaging.
Before placing a product on the market, a company should pay particular attention to the definition of an aerosol product, labelling requirements, and obligations arising from regulations such as REACH, CLP, and the legislation on aerosol dispensers. The specific nature of these products also affects the information provided through the safety data sheet.
What Is an Aerosol Dispenser?
The basic definition of an aerosol dispenser is provided by Directive 2008/47/EC amending the Aerosol Dispensers Directive, as well as by national regulations implementing it into domestic legal systems.
According to these legal acts:
- Aerosol dispenser – a non-refillable container made of metal, glass or plastic containing a compressed, liquefied or dissolved gas under pressure, with or without a liquid, paste or powder, fitted with a release device allowing the contents to be ejected as solid or liquid particles suspended in a gas, in the form of foam, paste, powder or liquid.
The key elements of this definition are primarily the presence of a gas under pressure in the container, the fact that the container does not necessarily have to be metal, and the presence of a device that allows the contents to be released.
Products packaged in atomizers that change the application form of the product but do not contain gases under pressure are therefore not considered aerosol dispensers. Similarly, a container with gas that does not include a device enabling the release of its contents will not be classified as an aerosol.
Correctly defining the product is essential for further compliance with regulatory requirements, both those directly concerning aerosol dispensers and those stemming from broader chemical legislation. It affects the technical requirements for the packaging itself, the safety data sheet, and CLP labelling. This categorisation also has significant implications for regulations governing the transport of dangerous goods.
Aerosols – CLP Classification
Although the main hazards associated with aerosol dispensers are product flammability and the presence of gas under pressure, Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging (CLP) applies a classification system for these products that differs from that used, for example, for propane-butane cylinders used in portable camping stoves.
Under CLP, three hazard categories are defined for aerosols:
- Aerosol 1 – Extremely flammable aerosol
- Aerosol 2 – Flammable aerosol
- Aerosol 3 – Non-flammable aerosol
The appropriate categorisation is determined based on the type of aerosol, the content of flammable components, and data on the heat of combustion.
In practice, the most commonly encountered products are extremely flammable aerosols, and somewhat less frequently Category 3 aerosols, which do not contain significant amounts of flammable components and where the propellant gas is usually carbon dioxide or nitrogen.
The specific design of aerosols – which significantly reduces the possibility of accidental ingestion, for example – also influences further considerations regarding labelling. This can be observed in the case of classification for aspiration hazard. Although CLP classification is performed and the relevant statements are included in the safety data sheet, labelling the aerosol product for this hazard is not required.
Aerosols – Interaction Between CLP and Aerosol Dispenser Legislation
The definition of an aerosol dispenser in the CLP Regulation is consistent with the definitions provided in the previously mentioned legislation. Fortunately, the regulatory framework governing this group of products is largely consistent and does not create major compliance difficulties.
However, it is important to ensure compliance both with provisions directly concerning aerosol dispensers and with sector-specific regulations (such as CLP or cosmetic legislation).
One particularly important aspect to remember is the mandatory selection of precautionary statements (P-statements) for aerosol products, which is specified directly in the legislation.
In this respect, aerosol products are somewhat unique. In principle, the CLP Regulation does not precisely define which P-statements must be applied to a given hazard class (although it provides recommendations). In the case of aerosols, however, both the safety data sheet and the product label must contain a specific set of precautionary statements required by legislation in order for the labelling to be considered compliant.
Summary
Placing aerosol dispensers on the market therefore requires taking the standard compliance steps applicable to chemical products (or other sector-specific requirements, such as those for cosmetics), while at the same time meeting the technical requirements associated with this particular product form.
In most cases, this does not create additional difficulties, provided that the product form is correctly identified and an appropriate classification is performed.
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