The Detergents Regulations 2010

Made: 10th March 2010

Laid before Parliament: 15th March 2010

Coming into force

The Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures for safety as respects, among other products, detergents; provisions concerning the composition, labelling, marketing, classification or description of, among other products, detergents ; measures relating to consumer protection ; and measures relating to the environment .

In accordance with section 56(1) of the Finance Act 1973 , the Treasury consent to the making of these Regulations.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and, in respect of regulation 8(3) and (4) and Schedule 1, the powers conferred by section 56(1) of the Finance Act 1973.

Citation and commencement

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• (1) These Regulations may be cited as the Detergents Regulations 2010.

• (2) Regulation 9 comes into force on 1st January 2015 and all other regulations come into force on 6th April 2010.

Interpretation

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• (1) In these Regulations—

• “application for derogation” means a request for derogation made under Article 4(2) of Regulation 648/2004;

• “authorised officer” means a person appointed under regulation 5;

• “Commission Recommendation” means the Commission Recommendation of 23/XII/2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council ;

• “contravention” includes a failure to comply;

• “controlled product” means a detergent or surfactant;

• “enforcement authority” means an enforcement authority specified in regulation 4;

• “port health authority” means—in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984) , the Common Council of the City of London, andin relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;

• “premises” includes any place, structure or means of transport and, in particular, includes—any land,any installation on land (including the foreshore and other land intermittently covered by water) and any other installation (whether floating, or resting on the seabed, or its subsoil, or resting on other land covered with water or its subsoil),any tent or moveable structure, andany vehicle, vessel, aircraft or hovercraft;

• “Regulation 648/2004” means Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents;

• “Tier 1”, “Tier 2” and “Tier 3” have the same meaning as in the Commission Recommendation.

• (2) In these Regulations, terms used in Regulation 648/2004 have the same meaning as in that Regulation.

Competent Authority

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Enforcement Authorities

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• (1) In England, enforcement authorities for the purposes of the enforcement and execution of these Regulations are—

• (a) for each London borough, the council of that borough;

• (b) for each district in a metropolitan county, the council of that district;

• (c) for each district in a non-metropolitan county—

• (i) where the county functions have been transferred to the council of that district under a structural change (as defined in section 14(1)(a) of the Local Government Act 1992) , the council of that district, and

• (ii) in any other case, the council of the county;

• (d) for the City of London (except the Temples), the Common Council of the City of London;

• (e) for the Inner Temple, the Sub-Treasurer;

• (f) for the Middle Temple, the Under Treasurer;

• (g) for the Isles of Scilly, the Council of the Isles of Scilly; and

• (h) for each port, in relation to imported controlled products, the port health authority of that port.

• (2) In Wales, enforcement authorities for the purposes of the enforcement and execution of these Regulations are—

• (a) for each county, the council of that county; and

• (b) for each county borough, the council of that county borough.

• (3) In Scotland, enforcement authorities for the purposes of the enforcement and execution of these Regulations are, for each of their areas, the councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this regulation, the references to the purposes of enforcement and execution do not include either—

• (a) the purposes of the competent authority under Articles 8 and 15(1) of Regulation 648/2004; or

• (b) the purposes of discharging the functions specified in Article 9(3) of that Regulation.

Authorised Officers

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• (1) The Secretary of State or an enforcement authority may appoint a person as an authorised officer for the purposes of these Regulations.

• (2) A person appointed by an enforcement authority is an authorised officer within the area specified for that enforcement authority in regulation 4.

Provision in English of information required by Regulation 648/2004

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Where Regulation 648/2004 requires the provision of information in relation to a controlled product, such requirement is deemed not to have been met unless the information is provided in the English language.

Contravention of Regulation 648/2004

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• (1) Any manufacturer who places on the Great Britain market a controlled product which does not conform with Article 3(1) of Regulation 648/2004 is guilty of an offence.

• (1A) Any manufacturer who places on the market a consumer laundry detergent or consumer automatic dishwasher detergent in contravention of Article 4a of Regulation 648/2004 is guilty of an offence.

• (2) Any manufacturer who—

• (a) fails to comply with Article 9 of Regulation 648/2004; or

• (b) fails to comply with a request under Article 9(3) of that Regulation,

is guilty of an offence.

• (3) Any manufacturer who places on the market a controlled product that does not conform with Article 11 of Regulation 648/2004 is guilty of an offence.

• (4) Any distributor who fails to comply with Article 11(3) or (4) of Regulation 648/2004 is guilty of an offence.

Derogation

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A fee is payable to the Secretary of State for each application for derogation.

• (4) The fee for an application described in column 1 of Schedule 1 is that specified in the corresponding entry in column 2 of that Schedule.

Prohibition on the sale of certain detergents

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

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The enforcement authorities specified in the table in Schedule 2 must enforce under these Regulations the provisions of Regulation 648/2004 for which they are specified.

Enforcement notices

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• (1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation 7 or a provision of Regulation 648/2004 in relation to a controlled product.

• (2) The authorised officer may serve a notice in writing on one or more of the following persons—

• (a) the manufacturer of the controlled product;

• (b) the owner of the controlled product;

• (c) any person appearing to be in possession or charge of the controlled product.

• (3) A notice served under paragraph (2) must specify—

• (a) the basis upon which the authorised officer has reached the opinion;

• (b) the action required to be taken by the person upon whom the notice is served; and

• (c) the period within which such action must be taken.

• (4) The action specified in accordance with paragraph (3)(b)—

• (a) must be action that will either—

• (i) remedy the failure to comply, where the failure is capable of being remedied; or

• (ii) permit the controlled product to be made available to third parties in such a state and manner that there would have been no contravention of these Regulations had it been placed on the market in that state and manner; and

• (b) may include one or more of the following—

• (i) recovery of the controlled product from the market in Great Britain;

• (ii) where the controlled product had been imported into Great Britain, exportation of the controlled product from Great Britain;

• (iii) disposal of the controlled product; and

• (iv) disposal of anything treated with the controlled product.

• (5) The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.

• (6) Any person who fails to comply with the provisions of a notice served under paragraph (2) (or who causes or permits another person to do so) is guilty of an offence.

Seizure and disposal of contravening products

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• (1) This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with regulation 7 or a provision of Regulation 648/2004 in relation to a controlled product.

• (2) An authorised officer may seize a controlled product and may dispose of it.

• (3) An authorised officer may seize anything treated with the controlled product and may dispose of it.

• (4) Before taking any action under paragraph (2) or (3), the authorised officer must serve notice of intention to do so on the person appearing to the authorised officer to be in possession or charge of the controlled product.

• (5) Any notice under paragraph (4) must specify—

• (a) the basis upon which the authorised officer has reached the opinion;

• (b) the action required to be taken by the person upon whom the notice is served; and

• (c) the period after which the authorised officer intends to take the action in question.

• (6) The period specified in accordance with paragraph (5)(c) must not be less than 7 days, except in an emergency.

Power of entry

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An authorised officer may, at all reasonable hours, enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the premises any contravention, or any evidence of a contravention of regulation 7 or a provision of Regulation 648/2004 in relation to a controlled product.

Issue of warrants authorising entry to premises in England and Wales

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• (1) If a justice of the peace is satisfied on sworn information in writing that there is a reasonable ground for entry into any premises in England and Wales (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

• (a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

• (b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,

the justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant, and, if need be, by reasonable force.

• (2) Every warrant granted under paragraph (1) continues in force for a period of one month.

Issue of warrants authorising entry to premises in Scotland

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• (1) If a sheriff, magistrate or justice of the peace is satisfied on sworn evidence that there is reasonable ground for entry into any premises in Scotland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

• (a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

• (b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,

the sheriff, magistrate or justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.

• (2) Every warrant granted under paragraph (1) continues in force for a period of one month.

Issue of warrants authorising entry to premises in Northern Ireland

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• (1) If a lay magistrate is satisfied on sworn complaint in writing that there is reasonable ground for entry into any premises in Northern Ireland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either—

• (a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

• (b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,

the lay magistrate may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.

• (2) Every warrant granted under paragraph (1) continues in force for a period of one month.

Power of entry: supplemental

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An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation 14 or 15 (as the case may be)—

• (a) must produce evidence of authority if requested to do so;

• (b) may be accompanied by such other persons as the authorised officer considers necessary; and

• (c) on leaving any unoccupied premises, or premises from which the occupier is temporarily absent, which the authorised officer has entered under the authority of a warrant, must leave them as effectively secured against unauthorised entry as the authorised officer found them.

Powers of inspection, sampling and seizure

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• (1) An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation 14 or 15 (as the case may be) may do one or more of the following things—

• (a) inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

• (b) take samples (and, if necessary, send the samples to an approved laboratory for testing) from any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;

• (c) subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;

• (d) seize and detain any such records (including electronic records) which the authorised officer has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and

• (e) take photographs of the premises, or take photographs of any articles on the premises, or both.

• (2) In relation to premises in England and Wales, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is either excluded, or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984 .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of officers acting in good faith

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• (1) An authorised officer who acts—

• (a) in the execution or purported execution of these Regulations; and

• (b) within the scope of the authorised officer's employment,

will not be personally liable for that act if it was done in the honest belief that the duty of an authorised officer under these Regulations required or entitled the authorised officer to so act.

• (2) A person who enters premises with an authorised officer under regulation 17(b) will not be personally liable for any act that was done in the honest belief that a person accompanying an authorised officer under that regulation (“accompanying person”) was required or entitled to so act.

• (3) Nothing in paragraph (1) or (2) may be construed as relieving the Secretary of State (in the case of an authorised officer appointed by the Secretary of State), or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) from any liability in respect of the acts of the authorised officer or accompanying person.

• (4) If the Secretary of State or enforcement authority is satisfied that the authorised officer honestly believed that the act complained of was within the scope of the authorised officer's employment, the Secretary of State or enforcement authority may indemnify the authorised officer against the whole or part of any damages that the authorised officer has been ordered to pay, or any costs which may have been incurred, in any action brought against the authorised officer in respect of an act done—

• (a) in the execution or purported execution of these Regulations; and

• (b) outside the scope of the officer's employment.

Obstruction etc

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• (1) Any person who—

• (a) intentionally obstructs an authorised officer acting in execution of these Regulations;

• (b) without reasonable cause, fails to give an authorised officer acting in execution of these Regulations any assistance or information which the authorised officer may reasonably require for the purpose of carrying out their functions under these Regulations; or