Statutory Instrument 2000 No. 2765

      The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2000


      © Crown Copyright 2000

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2000, ISBN 0 11 018753 9. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS


2000 No. 2765

CONSUMER PROTECTION

The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2000

  Made 9th October 2000 
  Laid before Parliament 10th October 2000 
  Coming into force (except as provided in regulation 1(2) and (3) 31st October 2000 

Whereas the Secretary of State is a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures for safety and consumer protection as regards cosmetic products and any provisions concerning the composition, labelling, marketing, classification or description of cosmetics products:

     Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 2(2) of that Act hereby makes the following Regulations: - 

     1.  - (1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2000 and, except as provided by paragraphs (2) and (3) below, shall come into force on 31st October 2000.

    (2) Regulation 3 and this regulation shall come into force on 11th October 2000.

    (3) Regulation 2(c)‐(h) shall come into force on 1st January 2001.

    
2. The Cosmetic Products (Safety) Regulations 1996[3] ("the principal Regulations") are amended as follows - 

    (a) in regulation 2(1), in the definition of "the Directive", by deleting the word "and" before "Commission Directive 2000/41/EC"[4] and by adding words ", Commission Directive 2000/6/EC[5] and Commission Directive 2000/11/EC[6]" at the end of the definition;

    (b) in Schedule 1, by the deletion of entry number 423, and

    (c) in Part I of Schedule 2 - 

    (i) by the substitution for entry number 1 of the following - 

1a. Boric acid, borates, and tetraborates Talcum powder 5 per cent Not to be used in products intended for children under three years old. Not to be used in products intended for peeling or irritated skin if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid. Not to be used for bathing children under three years old. Do not use on peeling or irritated skin. (Only required if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid).
    Oral hygiene products 0.1 per cent Not to be used in products intended for children under 3 years old. Do not swallow. Not to be used for children under three years old.
    Other products (excluding bath products and hair waving products) 3 per cent Not to be used in products intended for children under three years old. Not to be used in products intended for peeling or irritated skin if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid. Not to be used for children under three years old. Do not use on peeling or irritated skin. (Only required if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid).
      The above-mentioned percentages are calculated as boric acid    
1b. Tetraborates Bath products 18 per cent Not to be used in products for children under 3 years old. Not to be used for bathing children under three years old.
    Hair waving products 8 per cent The above-mentioned percentage are calculated as boric acid   Rinse well";


(ii) by the substitution for entry number 14 of the following - 

14 Hydroquinone Oxidising colouring agent for hair dyeing for general use 0.3 per cent subject to the provisions of "Combination Rule B" set out below  -  Contains hydroquinone. Do not use to dye eye-lashes or eyebrows. Rinse eyes immediately if product comes into contact with them.
    Oxidising colouring agent for hair dyeing for professional use 0.3 per cent subject to the provisions of the "Combination Rule B" set out below  -  Contains hydroquinone. For professional use only. Rinse eyes immediately if product comes into contact with them";


(iii) by the insertion after entry number 64 of the following - 

65 Benzalkonium chloride (INN), bromide and saccharinate (eg. Cetalkonium chloride Stearalkonium chloride, Cetearalkonium bromide) Hair care products rinsed off after use 3 per cent calculate as benzalkonium chloride In the finished product the concentration of benzalkonium chloride, bromide and saccharinate with an alkyl chain-length of C14 or less must not exceed 0.1 per cent calculated as benzalkonium chloride. Avoid contact with the eyes.
    Other products 0.1 per cent calculated as benzalkonium chloride   Avoid contact with the eyes";


(d) In Part I of Schedule 4 by adding the following entries after entry number 54[7] - 

55 Benzylhemi-formal Products rinsed off after use 0.15 per cent  -   - 
56 3-Iodoprop-2-ynyl butylcarbamate (Iodopropynl butylcarbamate) Not to be used in oral hygiene and lip products 0.05 per cent  -  Contains iodine (Only required where the 3-iodoprop-2-ynyl butylcarbamate concentration in products intended to remain on the skin exceeds 0.02 per cent)";


(e) In Part II of Schedule 4, by the deletion of entry numbers 21 and 29;

(f) In Part I of Schedule 5, by adding the following entries after entry number 20[8] - 

21 2-Ethylhexyl 4-dimethylaminobenzoate [Octyl dimethyl PABA] 8 per cent  -   - 
22 2-Hydroxy-4-methoxybenzophenone-5-sulfonic acid [Benzophenone-4] and its sodium salt [Benzophenone-5] (Sulisobenzone (INN) and Sulisobenzone sodium (INNM)) 5 per cent (expressed as acid)  -   - 
23 2-2'-Methylenebis[6-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol] 10 per cent  -   - 
24 diSodium 2,2'-(1,4-phenylene)bis(1H-benzimidazole-4,6-disulfonate) 10 per cent (expressed as acid)  -   - 
25 5,5'-Bis(2-ethylhexyloxy)-2,2'-(6-p-methoxyphenyl-1,3,5-triazine-2,4-diyl)diphenol 10 per cent  -   - ";


(g) In Part II of Schedule 5, by the deletion of entry numbers 5, 17 and 29;

(h) In Schedule 5A[9], by the substitution for sub-paragraph (b)(ii) of the following - 

      " (ii) Transesterification or hydrolysis at a temperature of at least 200°C and at an appropriate corresponding pressure, for 20 minutes (glycerol, fatty acids and fatty acid esters)".

     3.  - (1) The following entries in Schedule 1 shall continue to have effect in relation to any supply of a cosmetic product to which regualtion 4(2)(a) of the principal Regulations applies on or after 17th March 2000 but shall cease to have effect in relation to any such supply of cosmetic products occurring prior to that date and no investigation, legal proceeding or remedy may be instituted, continued or enforced, and no penalty, forfeiture or punishment may be imposed in respect of any such supply - 

2 Acetonitrile  -  393
9 Acetylethyltetramethyltetralin (AETT) 341 362
55 Anti-androgens with steroid structure  -  390
62 Aristolochic acid and its salts  -  365
208 Colouring agent CI 42640  -  386
341 3'-Ethyl-5',6',7',8'-tetrahydro-5',5',8',8'-tetramethyl-2'-acetonaphthone 9 362
399 11[alpha]-Hydroxypregn-4-ene-3,20-dione and its esters  -  385
485 Minoxidil (INN), its salts and derivatives 596 372
587 Phytolacca spp and their preparations  -  374
596 6-(Piperidinyl)-2,4-pyrimidinediamine 3-oxide, its salts and derivatives 485 372
688 2,3,7,8-Tetrachlorodibenzo-p-dioxin  -  367
697 Tetrahydrozoline and its salts  -  394
727 Tribromsalan (INN) 728 373
728 3,4',5-Tribromosalicylanilide 727 373
766 Zirconium and its compounds (except aluminium zirconium chloride hydroxide complexes and aluminium zirconium chloride hydroxide glycine complexes under the conditions laid down in Part I of Schedule 2 and zirconium lakes, salts and pigments prepared from those colouring agents identified in column 1 of Part I of Schedule 3 by "*" immediately after the name or colour index number)  -  391";


    (2) Entry number 749 of Schedule 1 shall be deleted.


Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs, Department of Trade and Industry

9th October 2000



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Cosmetic Products (Safety) Regulations 1996 (S.I. 1996/2925) ("the principal Regulations").

Commission Directive 2000/11/EC amends for the twenty-fifth time Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products. In line with the judgement of the European Court of Justice of 25th January 1994, C-212/91 Angelopharm GmbH v Freie Hanseadt Hamburg, it removes from Annex II to Council Directive 76/768/EEC substances which had been improperly added to Annex II by Commission Directives 82/107/EEC, 84/415/EEC, 86/179/EEC, 87/137/EEC, 88/233/EEC and 90/121/EEC. The substances were added without proper consultation with the Scientific Committee on Cosmetic Products and Non-Food Products. Commission Directive 2000/11/EC then re-inserts these substances, with the exception of Tyrothricin (INN) back in Annex II to Council Directive 76/768/EEC with immediate effect.

The Regulations implement Commission Directive 2000/6/EC (which amended Council Directive 76/768/EEC for the twenty-fourth time) and 2000/11/EC by amending the principal Regulations to - 

    
1. Permit subject to restrictions, the use of boric acid, borates, and tetraborates in talcum powder, oral hygiene products and other products (excluding bath products and hair waving products), and impose labelling requirements (in respect of products intended to be used for children under 3 years old and in respect of use on peeling or irritated skin). Also to permit, subject to restrictions the use of tetraborates in bath products and hair waving products and imposing labelling requirements in respect of products intended to be used for children under three years old (regulation 2(c)(i)).

    
2. Prohibit the use of hydroquinone as a skin lightener and reduce the level of hydroquinone in oxidation hair dyes (regulation 2(c)(ii)).

    
3. Permit, subject to restrictions, the use of Benzalkonium chloride, bromide and saccharinate in hair care products and other products and impose labelling requirements (regulation 2(c)(iii)).

    
4. Permit the use, subject to restrictions, of benzylhemiformal as a preservative in products which are rinsed off after use. Also to permit the use, subject to restrictions of 3-iodoprop-2-ynyl butylcarbamate [Iodopropynyl butylcarbamate] as a preservative though not to be used in oral hygiene and lip products (regulation 2(d)).

    
5. Permit, subject to restrictions, the use of 2-Ethylhexyl 4-dimethylaminobenzoate [Octyl dimethyl PABA]; 2-Hydroxy-4-methoxybenzophenone-5-sulfonic acid [Benzophenone-4] and its sodium salt [Benzophenone-5] (Sulisobenzone (INN) and Sulisobenzone sodium (INNM)); 2,2'-Methylenebis[6-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol]; diSodium 2,2'-(1,4-phenylene)bis(1H-benzimidazole-4,6-disulfonate); and 5,5'-bis(2-ethylhexyloxy)-2,2'-(6-p-methoxyphenyl-1,3,5-triazine-2,4-diyl)diphenol as UV filters in cosmetic products (regulation 2(f)).

    
6. Amending the methods by which tallow derivatives may be manufactured (regulation 2(h)).

    
7. Provide that as from the date of coming into force of the Regulations the following entries in Schedule 1 shall continue to have effect in relation to the supply of cosmetics on or after 17th March (the date Commission Directive 2000/11/EC came into force) but shall cease to have effect in relation to any supply of cosmetic products occurring prior to that date (regulation 3(1)) - 

    2; 9; 55; 62; 208; 341; 399; 485; 587; 596; 688; 697; 727; 728; 766.

     8. Delete entry number 749 (Tyrothricin (INN)) from the list of prohibited substances in Schedule 1 (regulation 3(2)). However the use of Tyrothricin (which is an antibiotic) in cosmetics will continue to be prohibited by entry number 56 which prohibits the use of antibiotics.

The Regulations also remove laurel oil of unspecified origin from Schedule 1 which had been incorrectly added (regulation 2(b)).

The Regulations come into force on 31st October 2000 except as provided by Regulation 1(2) and (3).


Notes:

[1] S.I. 1972/1811, 1975/1707, 1993/2661.back

[2] 1972 c. 68.back

[3] S.I. 1996/2925, amended by S.I. 1997/2914, S.I. 1998/1727, S.I. 1999/1552 and S.I. 2000/1679.back

[4] The reference to Commission Directive 2000/41/EC was added to S.I. 1996/2925 by S.I. 2000/1679.back

[5] O.J. No. L56, 1.3.2000, p.42.back

[6] O.J. No. L65, 14.3.2000, p.22.back

[7] Entry number 54 was added to S.I. 1996/2925 by S.I. 1999/1552.back

[8] Entry number 20 was added to S.I. 1996/2925 by S.I. 1999/1552.back

[9] Schedule 5A was added to S.I. 1996/2925 by S.I. 1998/1727.back



ISBN 0 11 018753 9


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2000
Prepared 10 November 2000