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STATUTORY INSTRUMENTS
2003 No. 835
CONSUMER PROTECTION
The Cosmetic Products (Safety) Regulations 2003
Made
20th March 2003
Laid before Parliament
24th March 2003
Coming into force (except as provided in regulation 1(2))
15th April 2003
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987[1], consulted such organisations as appear to her to be representative of interests substantially affected by these Regulations, such other persons as she considers appropriate and the Health and Safety Commission;
And whereas the Secretary of State is a Minister designated[2] for the purposes of section 2 of the European Communities Act 1972[3] in relation to measures for safety and consumer protection as respects cosmetic products and any provisions concerning the composition, labelling, marketing, classification or description of cosmetic products and in relation to indication of origin on imported goods;
Now, therefore, the Secretary of State in exercise of the powers conferred on her by sections 11, 28 and 30 of the 1987 Act and by section 2(2) of the 1972 Act, hereby makes the following Regulations -
Citation and commencement 1.
- (1) These Regulations may be cited as the Cosmetic Products (Safety) Regulations 2003 and shall come into force on 15th April 2003 other than the provisions referred to in paragraph (2) below.
(2) The following provisions of these Regulations shall come into force on 15th April 2004 -
(a) in Schedule 3, substance number 634 in Part I as amended and Part II in its entirety;
(b) in Schedule 4, substance numbers 8, 15b, 15c, 16 and 66 in Part I as amended and Part II in its entirety; and
(c) in Schedule 7, substance numbers 26 and 27 in Part I.
Revocation 2.
The Regulations set out in Schedule 1 are hereby revoked, save that they continue to apply to the following substances until 15th April 2004 -
(a) substance number 631 in Schedule 1 to the Cosmetic Products (Safety) Regulations 1996[4]; and
(b) substance numbers 8, 15b, 15c and 16 in Part I of Schedule 2 to those Regulations[5].
"agent" means an agent established within the Community appointed by a manufacturer of a cosmetic product to act on his behalf in relation to these Regulations;
"common ingredients nomenclature" means the labelling nomenclature designated in the inventory of ingredients employed in cosmetic products, drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC[6], as amended or substituted from time to time;
"the Community" means the European Community and other States in the European Economic Area;
"the Confidentiality Directive" means Commission Directive 95/17/EC[7];
"cosmetic ingredient" means any chemical substance or preparation of synthetic or natural origin, except for perfume and aromatic compositions, used in the composition of a cosmetic product;
"cosmetic product" means any substance or preparation intended to be placed in contact with any part of the external surfaces of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours except where such cleaning, perfuming, protecting, changing, keeping or correcting is wholly for the purpose of treating or preventing disease;
"cosmetic product intended to come into contact with the mucous membranes" means a cosmetic product intended to be applied in the vicinity of the eyes, on the lips, in the oral cavity or to the external genital organs, and does not include any cosmetic product which is intended to come into only brief contact with the skin;
"the Directive" means Council Directive 76/768/EEC[8] as amended by the Community instruments set out in Schedule 2;
"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[9];
"market research experiment" means any activities conducted for the purpose of ascertaining the opinion of persons of -
(a) any cosmetic product;
(b) anything in, on or with which the cosmetic product is supplied;
(c) the appearance or any other characteristic of the cosmetic product or any such thing; or
(d) the name or description under which the cosmetic product is supplied;
but a cosmetic product is not the subject of a market research experiment unless -
(i) any person to whom a cosmetic product is supplied in the course of the experiment is informed, at or before the time at which it is supplied to him, that it is supplied for the purpose of a market research experiment; and
(ii) no consideration in money or money's worth is given by such a person for the cosmetic product or any other cosmetic product supplied to him for comparison;
"Member State" means a State which is a Contracting Party to the EEA Agreement;
"preservative" means a substance which is added to a cosmetic product for the primary purpose of inhibiting the development of micro-organisms in that product;
"supply" includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly; and
"UV filter" means a substance which is added to a sunscreen cosmetic product for the primary purpose of filtering ultra violet rays for the purpose of protecting the epidermis of the user from harmful effects of such ultra violet rays.
(2) Unless the contrary intention appears, references in these Regulations to a numbered regulation or Schedule are references to the regulation or Schedule so numbered in these Regulations.
General requirements 4.
- (1) Subject to paragraph (2) below, no person shall supply any cosmetic product which is liable to cause damage to human health when it is applied under -
(a) normal conditions of use; or
(b) conditions of use which are reasonably foreseeable taking into account all the circumstances, including the cosmetic product's presentation, labelling, any instructions for its use and disposal and any other information or indication provided by the manufacturer, his agent or the person who supplies the cosmetic product on the first occasion that it is supplied in the Community.
(2) Paragraph (1) above shall apply only to the supply by the manufacturer in or importer into the United Kingdom or, in the case of cosmetic products manufactured or imported into the United Kingdom on behalf of another person, by that other person.
(3) The provision of any instructions, information or indication referred to in sub-paragraph (b) of paragraph (1) above shall not exempt any person from the obligation to comply with any other provisions of these Regulations which are applicable to him.
Particular requirements 5.
- (1) The following provisions of this regulation are without prejudice to regulation 4 and are subject to regulation 6.
(2) No person shall supply a cosmetic product which contains -
(a) any substance listed in column 2 of Part I of Schedule 3 which is used other than as a fragrance ingredient in relation to a cosmetic product, provided that no account shall be taken of any such substance which is present only as a trace which could not reasonably have been removed during or after manufacture;
(b) any substance listed in column 2 of Part II of Schedule 3 which is used as a fragrance ingredient in relation to a cosmetic product, provided that no account shall be taken of any such substance which is present only as a trace which could not reasonably have been removed during or after manufacture;
(c) any substance listed in column 2 of Schedule 4, unless the requirements in columns 3, 4, 5 and (in the case of Part II) 7 of that Schedule in relation to that substance are satisfied;
(d) any colouring agent listed in columns 1 and 2 of Schedule 5 with the exception of a cosmetic product containing a colouring agent intended solely to colour hair unless -
(i) the requirements in columns 3 and 4 of Part I of that Schedule in relation to that colouring agent are satisfied; or
(ii) the requirements in columns 3 and 4 of Part II of that Schedule in relation to that colouring agent are satisfied and the cosmetic product in question was supplied on or before the date specified in column 5 of that Part;
(e) any colouring agent which is not listed in Schedule 5 with the exception of a cosmetic product containing a colouring agent intended solely to colour hair;
(f) any preservative listed in column 2 of Schedule 6 unless -
(i) the requirements in columns 3, 4 and 5 of Part I of that Schedule in relation to that preservative are satisfied; or
(ii) the requirements in columns 3, 4 and 5 of Part II of that Schedule in relation to that preservative are satisfied and the preservative in question is supplied on or before the date specified in column 7 of that Part;
(g) any preservative which is not listed in Schedule 6;
(h) any preservative listed in column 2 of Part II of Schedule 6 after the date specified in column 7 of that Part;
(i) any UV filter listed in column 2 of Schedule 7 unless -
(i) the requirements in columns 3 and 4 of Part I of that Schedule in relation to that UV filter are satisfied; or
(ii) the requirements in columns 3 and 4 of Part II of that Schedule in relation to that UV filter are satisfied and the UV filter in question is supplied on or before the date specified in column 6 of that Part; or
(j) any UV filter which is not listed in Schedule 7.
(3) Subject to paragraphs (4) to (6) below, no person shall supply a cosmetic product which contains any of the substances designated as a specified risk material in Annex V to Regulation (EC) No. 999/2001 of the European Parliament and of the Council[10], or any ingredient derived from any of those substances.
(4) For the purposes of paragraph (3) above, no account shall be taken of any substance referred to in that paragraph which is present in the cosmetic product only as a trace which could not reasonably have been removed during or after manufacture.
(5) Paragraph (3) above shall not prohibit the supply of a cosmetic product which contains any tallow derivative so long as the relevant method set out in Schedule 8 was used in the manufacture of that derivative and the manufacturer of the derivative has certified that that method was used in its manufacture.
(6) Paragraph (3) above shall not prohibit the supply of any cosmetic product which contains any substance or ingredient referred to in that paragraph but which was manufactured before 1st April 1998.
(7) No person shall supply a cosmetic product which contains any ingredients or combinations of ingredients which are tested on animals where such testing took place after 30th June 2002 and was undertaken in order that the cosmetic product may satisfy any requirements of these Regulations.
(8) Any reference to testing on animals in the labelling, putting up for sale or advertising of a cosmetic product must state clearly whether the tests carried out involved the cosmetic product itself or its ingredients.
(9) No person shall supply any cosmetic product in respect of which the requirements of paragraph (8) above are not satisfied.
Authorisation by the Secretary of State 6.
- (1) The Secretary of State may authorise the use in a cosmetic product for a maximum period of three years of a particular substance, not being a substance or ingredient referred to in regulation 5(3) or a substance listed in Schedule 3 or 4.
(2) In giving an authorisation the Secretary of State may impose conditions relating to the use of a particular substance in a cosmetic product, and such conditions may relate to any matter which the Secretary of State considers appropriate including -
(a) the purpose of the substance;
(b) the type of cosmetic product;
(c) the maximum concentration of the substance in any cosmetic product; and
(d) information and marking requirements.
(3) The Secretary of State may on reasonable notice vary or revoke any authorisation given under paragraph (1) above.
(4) On giving, varying or revoking an authorisation, the Secretary of State shall arrange for the authorisation, variation or revocation, as the case may be, to be published in such manner as she considers appropriate for bringing it to the attention of persons who, in her opinion, would be likely to have an interest in it.
(5) No person shall be convicted of an offence under section 12 of the 1987 Act by reason of a cosmetic product containing a particular substance provided that at the time when but for this regulation an offence would have been committed -
(a) the use of that particular substance in that cosmetic product was duly authorised; and
(b) all of the conditions imposed by the authorisation were complied with.
Marking 7.
- (1) Subject to paragraphs (5)(b) and (9) to (12) below, no person shall supply a cosmetic product unless the packaging in which it is supplied bears, in lettering which is visible, indelible and easily legible, a list of its cosmetic ingredients (preceded by the word "ingredients") in descending order of weight, the weight to be determined at the time the ingredients are added to the product.
(2) Subject to paragraphs (3), (4), (5)(a), (6) to (8), (13) and (14) below, no person shall supply a cosmetic product unless the container and packaging in which it is supplied bear the following particulars in lettering which is visible, indelible and easily legible -
(a) the name or trade name and the address or registered office of the manufacturer of the product or of the supplier thereof, being a manufacturer or supplier established within a Member State of the Community;
(b) in the case of a cosmetic product likely within 30 months from the manufacture thereof to cease either to comply with the requirements of regulation 4 or to fulfil the purpose for which it was intended, the words "Best before..." immediately followed by -
(i) the earliest date on which it is likely to so cease; or
(ii) an indication of where that date appears on the labelling,
and any particular precautions to be observed to ensure that the product does not so cease before that date;
(c) in the case of a cosmetic product containing a substance listed in column 2 of Schedule 4, the information specified in column 6 of that Schedule in relation to that substance;
(d) in the case of a cosmetic product containing a preservative listed in column 2 of Schedule 6, the information specified in column 6 of that Schedule in relation to that preservative;
(e) in the case of a cosmetic product containing a UV filter listed in column 2 of Schedule 7, the information specified in column 5 of that Schedule in relation to that UV filter;
(f) any particular precautions to be observed in use and any special precautionary information on a cosmetic product for professional use, in particular in hairdressing (not being precautions included in the information referred to in sub-paragraphs (b), (c), (d) and (e) above);
(g) a means of identifying the batch in which the product was manufactured (or, if the product was not manufactured in a batch, a reference from which the date and place of manufacture can be identified); and
(h) the function of the product unless this is clear from its presentation;
Provided that the requirements specified in sub-paragraphs (b) and (g) above need not be complied with in relation to a cosmetic product which is the subject of a market research experiment.
(3) The particulars referred to in paragraph (2)(a) above may be abbreviated if such abbreviation does not prevent the person concerned from being identified.
(4) The date referred to in paragraph (2)(b) above shall include the month and the year, and the month shall precede the year.
(5) The particulars referred to -
(a) in paragraph (2)(b) to (f) and (h) above shall be in English, but this shall not prohibit the additional use of other languages;
(b) in paragraph (1) above shall be in language easily understood by the consumer.
(6) Where it is impossible for practical reasons for the particulars referred to in paragraph (2)(c) to (f) above to appear on the container and packaging, they shall appear on a leaflet, label, tag, tape or card enclosed with the cosmetic product, to which the consumer is referred either by abbreviated information or by the symbol given in Schedule 9, which must appear on the container and packaging; and where it is impracticable for reasons of size or shape for the particulars so to appear, they shall appear on a label, tag, tape or card attached to the product.
(7) Where it is impossible, for reasons of size, for the particulars referred to in paragraph (2)(g) above to appear on the container and packaging, the said particulars shall appear on the packaging.
(8) In the case of a supply of soap which is not in a container, either the soap itself or the packaging in which it is exposed for supply or the container in which it was last contained before the supply shall bear the particulars referred to in paragraph (2)(a) and (g) above, and in so far as any of the particulars referred to in paragraph (2)(b) to (f) and (h) above are required they shall appear on a leaflet which shall be delivered to the buyer with the soap; and where either of the particulars referred to in paragraph (2)(a) and (g) above appears on the soap itself the requirement of indelibility shall apply only until it has been put into use.
(9) In relation to the compilation of the list of ingredients referred to in paragraph (1) above -
(a) the following shall not be regarded as cosmetic ingredients -
(i) impurities in the raw materials used;
(ii) subsidiary technical materials used in the preparation of the cosmetic product but not present in the final product;
(iii) materials used in strictly necessary quantities as solvents or as carriers for perfumes and aromatic compositions;
(b) perfume and aromatic compositions and their raw materials shall be referred to by the words "perfume" or "flavour";
(c) ingredients in concentrations of less than 1 per cent may be listed in any order after those in concentrations of 1 per cent or more;
(d) colouring agents may be listed in any order after the other ingredients, in accordance with the colour index number or denomination found in Schedule 5;
(e) for decorative cosmetic products marketed in several colour shades, all colouring agents used in the range may be listed, provided that the words "may contain" are added; and
(f) an ingredient shall be identified by the name provided for in the International Nomenclature of Cosmetic Ingredients (INCI) or, in the absence of such identification, by its chemical name, its CTFA name, its European Pharmacopoeia name, its International Non-proprietary Name (INN) as recommended by the World Health Organization, its EINECS, IUPAC or CAS identification reference or its colour index number[11].
(10) Subject to paragraph (11) below, where a cosmetic product has no packaging or it is impossible for practical reasons for the list of ingredients referred to in paragraph (1) above to appear on the packaging, the list shall appear on the container; and where a cosmetic product is supplied or delivered pursuant to any supply in neither a container nor packaging, the list shall appear on the container in which the product is exposed for supply or a notice in immediate proximity to that container.
(11) Subject to paragraph (12) below, where it is impossible for practical reasons for the list of ingredients referred to in paragraph (1) above to appear on the packaging or container of a cosmetic product, it shall appear on a leaflet, label, tag, tape or card enclosed with the product, to which the consumer is referred either by abbreviated information or by the symbol given in Schedule 9, which must appear on the packaging; and where it is impracticable for reasons of size or shape for the list so to appear, it shall appear on a label, tag, tape or card attached to the cosmetic product.
(12) In the case of soap, bathballs and other small products, where it is impracticable for reasons of size or shape for the list of ingredients referred to in paragraph (1) above to appear on an enclosed leaflet or on a label, tag, tape or card enclosed with or attached to the product, it shall appear on a notice in immediate proximity to the container in which the cosmetic product is exposed for sale.
(13) Where two or more cosmetic products are supplied together as a single item, each product being in a separate container and the containers being enclosed together in packaging which bears clear and conspicuous instructions to the effect that the products must be mixed together in specified proportions before use, the particulars referred to in paragraph (2)(c) to (f) above shall appear on an enclosed leaflet and an indication shall appear on both the containers and on the packaging referring the consumer to the information in the leaflet.
(14) Where a cosmetic product other than soap is supplied or delivered pursuant to a supply in neither a container nor packaging, the particulars referred to in paragraph (2) above shall appear on the container in which the product is exposed for supply or a notice in immediate proximity to that container.
Responsible Persons and Competent Authorities 8.
- (1) For the purposes of regulations 9 (except regulation 9(3) and (4)), 10, 11 and 12 -
(a) "responsible person" means, in relation to a relevant cosmetic product,
(i) the manufacturer of that product;
(ii) the manufacturer's agent;
(iii) the person to whose order that cosmetic product is manufactured; or
(iv) where the manufacturer or the person to whose order the cosmetic product is manufactured is not established in the Community and either -
(aa) the manufacturer has not appointed an agent; or
(bb) the manufacturer's agent is not the supplier of that cosmetic product,
the person who first supplies the cosmetic product in the Community;
(b) "competent authority" means a body responsible for requiring and receiving the information provided for in Articles 7.3, 7a.1 and 7a.4 of the Directive and granting and refusing requests for confidentiality pursuant to Article 4 of the Confidentiality Directive, and which is -
(i) a United Kingdom competent authority pursuant to paragraph (2) below; or
(ii) for the time being a competent authority of a Member State other than the United Kingdom, having been notified as a competent authority by the Member State concerned to the Commission pursuant to Articles 7.3 and 7a.5 of the Directive and Article 10 of the Confidentiality Directive.
(2) The United Kingdom competent authority shall be the Secretary of State provided that she may from time to time appoint such persons as she thinks fit to be a United Kingdom competent authority in addition to or in substitution for herself.
Product Information 9.
- (1) Subject to paragraph (6) below, where a cosmetic product is manufactured or supplied in the United Kingdom a responsible person shall for control purposes keep readily accessible to a United Kingdom competent authority at the address or registered office specified on the container or packaging of the cosmetic product in accordance with regulation 7(2)(a) above the following information -
(a) the qualitative and quantitative composition of the product, except to the extent that the product is composed of any perfume or perfume composition, in which case the responsible person shall only be required to keep the name and code number of the perfume or perfume composition and the identity of the supplier;
(b) the physico-chemical and microbiological specifications of the raw materials and the finished product and the purity and microbiological control criteria of the cosmetic product;
(c) the method of manufacture which shall be in accordance with good manufacturing practice, that is to say that the cosmetic product shall be manufactured in such a way that under normal and reasonably foreseeable conditions of use it shall not endanger human health or safety;
(d) assessment of the safety for human health of the finished product taking into consideration the general toxicological profile of each ingredient used, its chemical structure and its level of exposure;
(e) the name and address of the person or persons, qualified in accordance with paragraph (3) below, responsible for the assessment referred to in sub-paragraph (d) above;
(f) existing data on undesirable effects on human health resulting from use of the cosmetic product; and
(g) proof of the effect claimed for the cosmetic product, where justified by the nature of the effect or product.
(2) The assessment referred to in paragraph (1)(d) above shall be carried out in accordance with the principles of good laboratory practice referred to in Article 1 of Council Directive 87/18/EEC[12] on the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances.
(3) The person referred to in paragraph (1)(e) above must be -
(a) subject to paragraph (4) below, the holder of an appropriate European diploma within the meaning of section 4A of the Pharmacy Act 1954[13] or any other person who has the right, granted by a competent authority in a Member State, to take up and pursue the activities of a pharmaceutical chemist;
(b) subject to paragraph (4) below, a person who is entitled to be registered under section 3(1) of the Medical Act 1983[14] as a fully registered medical practitioner and who has the right, granted by a competent authority in a Member State, to take up and pursue the activities of a doctor; or
(c) the holder of a diploma within the meaning of regulation 2(1) of the European Communities (Recognition of Professional Qualifications) Regulations 1991[15] showing that the holder has the qualifications required to practise as a chartered biologist or that he has the qualifications required to practise as a chartered chemist or that he has the qualifications required to practise a profession equivalent to the profession of chartered biologist or chartered chemist in a Member State other than the United Kingdom.
(4) Any diploma or other evidence of qualification required for the purposes of paragraph (3)(a) or (b) above shall satisfy that requirement only if -
(a) the education and training attested were received mainly within the European Community; or
(b) the holder has spent at least three years in lawful pursuit in a Member State of the relevant profession, and such professional experience has been certified by a competent authority in a Member State (being a State which recognised a diploma or other evidence of qualification obtained in a non-Member State).
(5) Where the responsible person is the manufacturer or the person who first imports the cosmetic product into the Community he must possess appropriate experience or an appropriate level of professional qualification in accordance with the legislation and practice of the United Kingdom if it is the place of manufacture or first importation.
(6) Where the manufacturer manufactures a cosmetic product at two or more places within the Community, and one of those places is within the United Kingdom, the responsible person may choose a single place of manufacture within the Community where the information referred to in paragraph (1) above will be kept available, provided that, if requested by a United Kingdom competent authority, he informs the said authority of the location at which the said information is to be kept.
(7) Where the information referred to in paragraph (1) above is to be kept accessible to a United Kingdom competent authority it must be in English or a language readily understood by the said authority.
10.
Where the place of manufacture or initial importation into the Community of a type of cosmetic product is within the United Kingdom, the responsible person shall notify a United Kingdom competent authority of the address of the place of manufacture or, as the case may be, initial importation into the Community of that type of cosmetic product before its first supply in the Community.
11.
- (1) A United Kingdom competent authority may, where difficulties are encountered in providing prompt and appropriate medical treatment, require that any holder of appropriate and adequate information on substances used in cosmetic products make such information available to it, where the difficulties referred to may be overcome or eased by the provision of the said information.
(2) Where the information referred to in paragraph (1) above is made available, the United Kingdom competent authority shall ensure that it is used solely for the purposes of the treatment referred to in paragraph (1) above.
12.
- (1) Without prejudice to the provisions of regulations 4, 5, 9 and 11, a responsible person who for reasons of trade secrecy wishes not to include one or more cosmetic ingredients in the list of cosmetic ingredients referred to in regulation 7(1) above shall submit a request to that effect to the competent authority.
(2) In this regulation, "applicant" means a responsible person who submits a request for confidentiality.
(3) The applicant shall ensure that -
(a) the request for confidentiality includes the particulars laid down in Part I of Schedule 10; and
(b) any amendments to the particulars provided for in sub-paragraph (a) above are communicated as quickly as possible to the competent authority and, in particular, that all changes to the names of cosmetic products containing the cosmetic ingredient in respect of which confidentiality is or has been sought, are communicated to the competent authority at least 15 days before those cosmetic products are supplied under their new name.
(4) Within four months of the receipt of a request for confidentiality in respect of which the requirements of paragraph (3)(a) above are satisfied, the competent authority shall examine the request and inform the applicant in writing of its decision.
(5) If the competent authority decides to grant its approval to the applicant's request it shall, in notifying the applicant of its decision, in accordance with paragraph (4) above, also notify him of the registration number which will replace the cosmetic ingredient in question in the list referred to in regulation 7(1), the said number to be allocated to the product in accordance with the procedure provided for in Part II of Schedule 10.
(6) If the competent authority decides to refuse to grant its approval to the applicant's request it shall, in its notification of this refusal, include a statement of the reasons for refusal and a clear explanation of appeals procedures and their time limits.
(7) In exceptional cases the competent authority may inform the applicant in writing that a period of two months in addition to the four-month period referred to in paragraph (4) above is required for the examination of the request.
(8) Subject to paragraphs (9), (10), (11) and (12) below, a decision granting confidentiality shall be valid for a period of five years.
(9) An applicant may, by submitting a reasoned request to the competent authority, request that the period of confidentiality referred to in paragraph (8) above be extended.
(10) In the event of a reasoned request being submitted in accordance with paragraph (9) above, the competent authority shall deal with the request in accordance with paragraphs (4), (5) and (6) above.
(11) Any extension of the period of confidentiality shall not exceed three years.
(12) The competent authority may withdraw its approval to an applicant's request for confidentiality if it considers this appropriate taking into account -
(a) any amendments to the particulars provided for in paragraph (3)(a) above which are communicated to it in accordance with paragraph (3)(b) above; and
(b) any new information which comes to its attention which makes it imperative, particularly for compelling reasons of public health, for it to so act,
and in withdrawing its approval the competent authority shall comply with the provisions of paragraphs (4), (6) and (7) above.
Contravention of regulation 9, 10 or 11 13.
- (1) Subject to paragraph (2) below, any contravention of a requirement of regulation 9, 10 or 11 shall be treated for all purposes as though it were a contravention of a requirement of safety regulations made under section 11 of the 1987 Act.
(2) The term of imprisonment to which a person guilty of an offence of contravening any requirement of regulation 9, 10 or 11 shall be liable on summary conviction shall not exceed three months.
Enforcement 14.
- (1) No proceedings shall be brought and no enforcement action taken in respect of -
(a) any failure to comply with regulations 4, 5, 7, 9, 10 and 11 in any case in which the cosmetic product is supplied for the purposes of exporting that product to any country which is not a Member State; or
(b) any failure to comply with regulation 7(5)(a) in any case in which the enforcement authority is satisfied that the person supplying the cosmetic product reasonably believes that it will not be used in the United Kingdom.
(2) No proceedings shall be brought and no enforcement action taken in respect of any failure to comply with regulations 5(8), 5(9), 7(1), 7(2)(h), 7(5)(a) (in so far as it relates only to regulation 7(2)(h)), 7(5)(b), 7(6), 7(7) or 7(9) to (12) in the case of -
(a) any supply of a cosmetic product before 31st December 1997 by the manufacturer in or importer into the United Kingdom or, in relation to a cosmetic product manufactured or imported into the United Kingdom on behalf of another person, by that other person, except for a supply by retail in which case no proceedings shall be brought and no enforcement action taken in respect of a supply before 31st December 1998; or
(b) any other supply of a cosmetic product before 31st December 1998.
(3) For the purposes of this regulation, "enforcement action" means any action taken pursuant to or in connection with sections 13, 14, 16, 17, 28, 29, 30 or 31 of the 1987 Act.
15.
Any test of goods purchased under section 28 or seized under section 29 of the 1987 Act (which relate to enforcement) by or on behalf of an enforcement authority for the purpose of ascertaining whether the provisions of these Regulations have been contravened shall in all cases be carried out in accordance with the provisions of paragraphs 2 to 5 of Schedule 11 and any test for which a method is specified in paragraph 6 of Schedule 11 shall be carried out in accordance with that method.
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets, Department of Trade and Industry
LIST OF SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN
The alphabetical list set out in column 2 of this Schedule contains one or more of the names of each of the substances referred to in regulation 5(2); in certain cases a name is given of a group of substances, the names of particular examples of which are also given, and in such a case all substances comprised in the group are included, whether or not more specifically named.
The numbers given in columns 1, 3 and 4 are for information only. Those in column 3 are cross-references to other names listed for the same substances (except that where a name is that of a group of substances, the cross-references are to particular examples of that group, and any cross-reference in parenthesis is to the name of a group of substances within which the particular substance falls). Those in column 4 are cross-references to Annex II of the Directive, from which this Schedule is derived.
Aconitum napellus L. (leaves, roots and galenical preparations)
-
11
13
Adonis vernalis L. and its preparations
-
13
14
Adrenaline
270. 315
14
15
Alkali pentacyanonitrosylferrate(2-)
605-6, 647-8,
255
16
O-Alkyldithiocarbonic acids, salts of
763
336
17
Alkyne alcohols, their esters, ethers and salts
8
16
18
Alloclamide (INN) and its salts
22
19
19
Allyl isothiocyanate
-
18
20
2-(4-Allyl-2-methoxyphenoxy)-N,N-diethylacetamide and its salts
-
224
21
N-Allylnormorphine, its salts and ethers
494
20
22
2-Allyloxy-4-chloro-N-[2-(diethylamino)-ethyl]benzamide and its salts
18
19
23
Alypine and its salts
45, 107
143
24
Ambenonium chloride (INN)
(529)
132
25
4-(or p-)Aminobenzoic acid esters
-
167
26
2-Amino-1,2-bis(4-methoxyphenyl)ethanol and its salts
-
29
27
Aminocaproic acid (INN) and its salts
31
7
28
2-Amino-5-chlorobenzoxazole
769
24
29
4-Amino-N-(2-diethylaniaminoethyl)benzamide, its salts and derivatives
610
25
30
Aminoheptane, its isomers and salts
751
25
31
6-Aminohexanoic acid and its salts
27
7
32
a-(Aminomethyl)-3,4-dihydroxybenzyl alcohol and its salts
519-520
257
33
4-Amino-N10-methylfolic acid
452
6
34
2-Amino-6-methylheptane and its salts
288, 525
28
35
2-Amino-4-methylhexane and its salts
289, 471
30
36
2-Amino-4-nitrophenol
-
383
37
2-Amino-5-nitrophenol
-
384
38
4-Amino-2-nitrophenol
-
412
39
4-(or p-)Aminosalicylic acid and its salts
-
31
40
Aminotoluenes, their isomers, salts and halogenated and sulphonated derivatives
719
32
41
Aminoxylenes, their isomers, salts and halogenated and sulphonated derivatives
765
33
42
Amitriptyline (INN) and its salts
284
146
43
Ammi majus and its galenical preparations
-
35
44
Amphetamine (INN), its salts and derivatives and salts of those derivatives
(681)
21
45
Amydricaine and its salts
23, 107
143
46
Amylene chloride
251
36
47
Amyl 4-dimethylaminobenzoate, mixed isomers
534
381
48
Amyl nitrites
-
247
49
Amylobarbitone and its salts
(69)
220
50
Amylocaine and its salts
282
50
51
Anamirta cocculus L. (fruit)
-
106
52
Substances with androgenic effect
-
37
53
Aniline, its salts and halogenated and sulphonated derivatives
-
22
54
Anthracene oil
-
38
55
Anti-androgens with steroid structure
-
390
56
Antibiotics
-
39
57
Antimony and its compounds
-
40
58
Apocynum cannabinum L. and its preparations
-
41
59
Apomorphine and its salts
697
42
60
Apronalide
420
216
61
Arecoline
482
238
62
Aristolochic acid and its salts
-
365
63
Arsenic and its preparations
-
43
64
Atropa belladonna L. and its preparations
-
44
65
Atropine, its salts and derivatives
-
45
66
Azacyclonol (INN) and its salts
305
286
67
Azamethonium bromide (INN)
(473)
121
68
Barbitone and its salts
(69)
220
69
Barbiturates
various
220
70
Barium salts (except barium sulphate, barium sulphide under the condition laid down in Part I of Schedule 4 for alkaline earth sulphides, and lakes, salts and pigments prepared from those colouring agents identified in column 1 of Schedule 5 by "*" immediately after the name or colour index number)
Narcotics, natural and synthetic: All substances listed in Tables I and II of the Single Convention on Narcotic Drugs 1961 (Treaty Series No. 34 (1965), Cmnd. 2631)
Psoralen (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg
(357)
358
624
Pyrethrum album L. and its galenical preparations
-
345
625
Pyrianisamine maleate
453
346
626
Pyribenzamine
95, 748
347
627
2-(N-2-Pyridyl-N-2-thienylamino)ethyl-dimethylamine and its salts
448
144
628
Pyrithione disulphide+magnesium sulphate
310
396
629
Pyrithione sodium (INNM)
-
369
630
Pyrocatechol
79, 152
408
631
Pyrogallol
80
409
632
Quinalbarbitone and its salts
(69)
220
633
Quinolin-8-ol except for the uses provided for in entry number 51 in Part I of Schedule 4
(401, 533)
395
634
Radioactive substances (within the meaning of Article 1 of Council Directive 96/29/Euratom[16] laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation)
-
293
635
Rauwolfia serpentina alkaloids and their salts
636
15
636
Reserpine (INN) and its salts
(635)
15
637
Retinoic acid and its salts
724, 760
375
638
Safrole (except natural content of essences in cases where the concentration of such safrole in the cosmetic product does not exceed -
(a) in the case of oral hygiene or dental products other than toothpaste intended specifically for children, 50 mg/kg; or
(b) in the case of products other than oral hygiene or dental products, 100 mg/kg)
-
360
639
a-Santonin
380
214
640
Schoenocaulon officinale Lind. (seeds and galenical preparations)
-
332
641
Scopolamine, its salts and derivatives
403
295
642
Secbutobarbitone and its salts
(69)
220
643
Secondary dialkanolamines
108, 255, 274
411
644
Selenium and its compounds (except when permitted under the restrictions laid down in Part I of Schedule 4)
-
297
645
Sodium cyanide
(388, 390, 409)
111
646
Sodium hexacyclonate (INN)
396
114
647
Sodium nitroferricyanide
(15), 648
255
648
Sodium nitroprusside
(15), 647
255
649
Solanum nigrum L. and its galenical preparations
-
298
650
Spanish Fly
139
69
651
Sparteine (INN) and its salts
432
299
652
Spironolactone (INN)
10
4
653
Squill and its preparations
752
330
654
Stramonium and its preparations
232
301
655
Strontium lactate
-
402
656
Strontium nitrate
-
403
657
Strontium polycarboxylate
-
404
658
Strophanthines and their aglucones and their respective derivatives
-
302
659
Strophanthus species and their galenical preparations
-
303
660
Strychnine and its salts
-
304
661
Strychnos species and their galenical preparations
522
305
662
Succinonitrile
-
150
663
Succinylsulphathiazole and its salts
(678)
307
664
Sulfinpyrazone (INN)
303
155
665
Sulphacetamide and its salts
(678)
307
666
Sulphadiazine and its salts
(678)
307
667
Sulphadimethoxine and its salts
(678)
307
668
Sulphadimidine and its salts
(678)
307
669
Sulphafurazole and its salts
(678)
307
670
Sulphaguanidine and its salts
(678)
307
671
Sulphamethizole and its salts
(678)
307
672
Sulphamethoxazole and its salts
(678)
307
673
Sulphamethoxydiazine and its salts
(678)
307
674
Sulphamethoxypyridazine and its salts
(678)
307
675
Sulphanilamide and its salts
(678)
307
676
Sulphapyridine and its salts
(678)
307
677
Sulphathiazole and its salts
(678)
307
678
Sulphonamides (sulphanilamide and its derivatives obtained by substitution of one or more H-atoms of the -NH2 groups) and their salts
665-677
307
679
Sulthiame
680, 699
308
680
Sultiame (INN)
679, 699
308
681
Sympathomimetic amines acting on the central nervous system: any substance contained in the first list of medicaments which are subject to medical prescription and are referred to in resolution AP (69) 2 of the Council of Europe
44
21
682
Tefazoline (INN) and its salts
698
237
683
Tellurium and its compounds
-
312
684
TEPP (ISO)
696
276
685
2-(4-tert-Butyl-2,6-dimethylbenzyl)-2-imidazoline and its salts
766
313
686
4-tert-Butylphenol
-
340
687
4-tert-Butylpyrocatechol
-
341
688
Tetrabenazine (INN) and its salts
531
139
689
Tetrabromosalicylanilides
-
350
690
Tetracaine (INN) and its salts
280
63
691
2,3,7,8-Tetrachlorodibenzo-p-dioxin
-
367
692
Tetrachloroethylene
549
314
693
Tetrachloromethane
147
315
694
Tetrachlorosalicylanilides
-
348
695
Tetraethylammonium bromide
703
61
696
Tetraethyl pyrophosphate
684
276
697
(R)-5,6,6a,7-Tetrahydro-6-methyl-4H-dibenzo[de,g]quinoline-10,11-diol and its salts
59
42
698
2-(5,6,7,8-Tetrahydro-1-naphthylmethyl)-2-imidazoline and its salts
2.2,6-Trimethy1-4-piperidyl benzoate and its salts
75
51
745
2,4,6-Trinitrophenol
591
268
746
Trioxysalen (INN) (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg
(357)
358
747
Triparanol (INN)
171
92
748
Tripelennamine (INN)
95, 626
347
749
Tris(2-chloroethyl)amine
732
327
750
Tritolyl phosphate
739
277
751
Tuaminoheptane (INN), its isomers and salts
30
27
752
Urginea scilla Stern. and its galenical preparations
653
330
753
Urocanic acid
(406)
418
754
Vaccines, toxins and serums listed in the Annex to Council Directive No. 75/319/EEC[17]
-
323
755
Valnoctamide (INN)
339
184
756
Veratrine, its salts and galenical preparations
-
331
757
Veratrum spp and their preparations
-
333
758
Vinyl chloride monomer
-
334
759
Vinylidene chloride
(7,250)
126
760
Vitamin A acid and its salts
637, 724
375
761
Vitamins D2 and D3
138, 186, 317
335
762
Warfarin (ISO) and its salts
3, 399
203
763
Xanthates
16
336
764
Xanthinol
392
135
765
Xylidines, their isomers, salts and halogenated and sulphonated derivatives
41
33
766
Xylometazoline (INN) and its salts
685
313
767
Yohimbine and its salts
-
337
768
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 4 and zirconium lakes, salts and pigments prepared from those colouring agents identified in column 1 of Part I of Schedule 5 by "*" immediately after the name or colour index number)
LIST OF SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS
In this Schedule, the matters specified in columns 3, 4, 5 and 6 which apply to a particular substance are those set out to the right of its name as mentioned in column 2; and the matters specified in columns 4, 5 and 6 which apply in any particular case are those set out to the right of the matter specified in column 3 which applies in that case. The substance may not be used except for the purposes or contained other than in the types of product specified in column 3. The concentration of the substance in a product may not exceed the limit specified in column 4: where the names of two or more substances are mentioned in a single item as set out in column 2 and a product contains more than one of those substances, the limit specified in column 4 is the limit for all of those substances taken together; and where a product is intended to be mixed with another product in specified proportions before use, the level of concentration shall be calculated by reference to the mixture. Other requirements are specified in column 5. In column 4 of this Schedule, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.
Names which appear in square brackets in column 2 are the International Nomenclature Cosmetic Ingredient names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC[18].
SUBSTANCES LISTED IN ANNEX III, PART 1 OF THE DIRECTIVE AS SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN
(1)
(2)
(3)
(4)
(5)
(6)
Reference Number
Name of substance
Purpose of substance or type of product
Maximum concentration of substance in product
Other requirements
Required information
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 three 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 three years old
Not to be used for bathing children under three years old
Hair waving products
8 per cent
The above-mentioned percentages are calculated as boric acid
2a
Thioglycolic acid and its salts
(a) Hair waving or straightening products for general use
8 per cent ready for use
pH 7 to 9.5
Contains thioglycolate. Follow the instructions. Keep out of reach of children
(b) Hair waving or straightening products for professional use
11 per cent ready for use
pH 7 to 9.5
Contains thioglycolate. Follow the instructions. Keep out of reach of children. For professional use only
(c) Depilatories
5 per cent ready for use
pH 7 to 12.7
Contains thioglycolate. Follow the instructions. Keep out of reach of children
(d) Other hair-care products which are removed after application
2 per cent ready for use
pH 7 to 9.5
Contains thioglycolate. Follow the instructions. Keep out of reach of children
The above-mentioned percentages are calculated as thioglycolic acid
(a), (b), (c) and (d): The directions for use must incorporate the following:
- Avoid contact with eyes
- In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice
- Wear suitable gloves ((a), (b) and (d) only)
2b
Thioglycolic acid esters
(a) Hair waving or straightening products for general use
8 per cent ready for use
pH 6 to 9.5
Contains thioglycolate. Follow the instructions. Keep out of reach of children
(b) Hair waving or straightening products for professional use
11 per cent ready for use
pH 6 to 9.5
Contains thioglycolate. Follow the instructions. Keep out of reach of children. For professional use only
The above-mentioned percentages are calculated as thioglycolic acid
(a) and (b): The directions for use must incorporate the following:
- May cause sensitization in the event of skin contact
- Avoid contact with eyes
- In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice
- Wear suitable gloves
3
Oxalic acid, its esters and alkaline salts
Hair care products
5 per cent
-
For professional use only
4
Ammonia
All purposes and products
6 per cent calculated as NH3
-
Contains ammonia (not required when concentration is not more than 2 per cent)
5
Tosylchlora-mide sodium (INN) [Chloramine-T]
All purposes and products
0.2 per cent
-
-
6
Chlorates of alkali metals
Toothpaste
5 per cent
-
-
Other uses
3 per cent
-
-
7
Dichloro-methane
All purposes and products
35 per cent (and when mixed with 1,1,1-trichloroethane, total concentration must not exceed 35 per cent)
Purity of the dichloromethane must be not less than 99.8 per cent
-
8
m- and p-Phenylenedia-mines, their N-substituted derivatives and their salts;
N-substituted derivatives of o-phenylenediamines (see Note 1), with the exception of those derivatives listed elsewhere in this Schedule
Oxidizing colouring agents for hair-dyeing for general use
6 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains phenylenediamines Can cause an allergic reaction. Do not use to dye eyelashes or eyebrows
Oxidizing colouring agents for hair-dyeing for professional use
6 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains phenylenediamines. For professional use only. Can cause an allergic reaction. Wear suitable gloves
9
Methylphenylenediamines (other than 4-methyl-m-phenylenediamine and its salts), their N-substituted derivatives and their salts (Toluenediamines (other than toluene-1, 3-diamine and its salts), their N-substituted derivatives and their salts)
Oxidizing colouring agents for hair-dyeing for general use
10 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains phenylene-diamines. Can cause an allergic reaction. Do not use to dye eyelashes or eyebrows
Oxidizing colouring agents for hair-dyeing for professional use
10 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains phenylenediamines. For professional use only. Can cause an allergic reaction. Wear suitable gloves
10
Diaminophenols
Oxidizing colouring agents for hair-dyeing for general use
10 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains diaminophenols. Can cause allergic reaction. Do not use to dye eyelashes or eyebrows
Oxidizing colouring agents for hair-dyeing for professional use
10 per cent calculated as a free base, subject to the provisions of "Combination Rule A" set out below
-
Contains diaminophenols. For professional use only. Can cause allergic reaction. Wear suitable gloves
Note 1: These substances may be used singly or in combination provided that the sum of the ratios of the levels of each of them in the cosmetic product expressed with reference to the maximum level authorised for each of them does not exceed 1.
11
Dichlorophen (INN) [Dichlorophene]
All purposes and products
0.5 per cent
-
Contains dichlorophen
12
Hydrogen peroxide and other compounds or mixtures that release hydrogen peroxide including hydrogen peroxide-urea (hydrogen peroxide-carbamide) and zinc peroxide
(a) Hair-care preparations
(b) Skin-care preparations
(c) Nail hardening preparations
(d) Oral hygiene products
12 per cent of H2O2 present or released
4 per cent of H2O2 present or released
2 per cent of H2O2 present or released
0.1 per cent of H2O2 present or released
-
-
-
(a): Wear suitable gloves
(a)(b)(c): Contains hydrogen peroxide. Avoid contact with eyes. Rinse eyes immediately if product comes into contact with them
-
13
Formaldehyde (see also Part I of Schedule 6)
Nail hardeners
5 per cent
-
Contains formaldehyde. Protect cuticles with grease or oil. (Not required when concentration is not more than 0.05 per cent)
14
Hydroquinone
Oxidizing 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 eyelashes or eyebrows. Rinse eyes immediately if product comes into contact with them
Oxidizing colouring agent for hair dyeing for professional use
0.3 per cent subject to the provisions of "Combination Rule B" set out below
-
Contains hydroquinone. For professional use only. Rinse eyes immediately if product comes into contact with them
15a
Potassium hydroxide and sodium hydroxide
Nail cuticle solvent
5 per cent calculated as sodium hydroxide (see Note 2)
-
Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children
Hair straightener for general use
2 per cent calculated as sodium hydroxide (see Note 2)
-
Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children
Hair straightener for professional use
4.5 per cent calculated as sodium hydroxide (see Note 2)
-
For professional use only. Avoid contact with eyes. Can cause blindness
pH adjuster for depilatories
-
pH value not to exceed 12.7
Keep out of reach of children Avoid contact with eyes
Other uses as pH adjuster
-
pH value not to exceed 11
-
Note 2: The concentration of sodium, potassium or lithium hydroxide is expressed as a percentage of sodium hydroxide. In cases of mixtures, the sum must not exceed the limits given in column (4).
15b
Lithium hydroxide
Hair straightener for general use
2 per cent calculated as sodium hydroxide (see Note 2)
-
Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children
Hair straightener for professional use
4.5 per cent calculated as sodium hydroxide (see Note 2)
-
For professional use only. Avoid contact with eyes. Can cause blindness
pH adjuster for depilatories
-
pH value not to exceed 12.7
Contains alkali. Keep out of reach of children. Avoid contact with eyes
Other uses as pH adjuster (for rinse-off products only)
-
pH value not to exceed 11
-
15c
Calcium hydroxide
Hair straighteners containing two components: calcium hydroxide and aguanidine salt
7 per cent by weight of calcium hydroxide
-
Contains alkali. Avoid contact with eyes. Keep out of reach of children. Can cause blindness
pH adjuster for depilatories
-
pH value not to exceed 12.7
Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children
Other uses e.g. pH adjuster processing aid
-
pH value not to exceed 11
-
16
a-Naphthol [1-Naphthol] and its salts
Oxidising colouring agents for hair dyeing
2 per cent
In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent
Can cause allergic reaction
17
Sodium nitrite
Rust inhibitor
0.2 per cent
Do not use with secondary and/or tertiary amines or other substances forming nitrosamines
-
18
Nitromethane
Rust inhibitor
0.3 per cent
-
-
19
Phenol and its alkali salts
Soaps and shampoos
1 per cent calculated as phenol
-
Contains phenol
20
ENTRY DELETED
21
Quinine and its salts
Shampoos
0.2 per cent calculated as quinine base
-
-
Hair lotions
0.5 per cent calculated as quinine base
-
-
22
Resorcinol
Oxidizing colouring agent for hair dyeing for general use
5 per cent subject to the provisions of "Combination Rule B" set out below
-
Contains resorcinol. Rinse hair well after application. Do not use to dye eyelashes or eyebrows. Rinse eyes immediately if product comes into contact with them
Oxidizing colouring agent for hair dyeing for professional use
5 per cent subject to the provisions of "Combination Rule B" set out below
-
Contains resorcinol. For professional use only. Rinse eyes immediately if product comes into contact with them
Hair lotions and shampoos
0.5 per cent subject to the provisions of "Combination Rule B" set out below
-
Contains resorcinol
23a
Alkali sulphides
Depilatories
2 per cent calculated as sulphur
pH value not to exceed 12.7
Keep out of reach of children. Avoid contact with eyes
23b
Alkaline earth sulphides
Depilatories
6 per cent calculated as sulphur
pH value not to exceed 12.7
Keep out of reach of children. Avoid contact with eyes
24
Water-soluble zinc salts with the exception of zinc 4-hydroxybenzene-sulphonate
20 per cent as anhydrous aluminium zirconium chloride hydroxide, 5.4 per cent as zirconium
The ratio of the number of aluminium atoms to that of zirconium atoms must be between 2 and 10
The ratio of the number of (Al + Zr) atoms to chlorine atoms must be between 0.9 and 2.1
Not to be used in aerosol dispensers (sprays)
Do not apply to irritated or damaged skin
51
Quinolin-8-ol and bis-(8-hydroxyquinolinium sulphate) (See also Part I of Schedule 3) [Oxyquinoline and Oxyquinoline sulfate]
Stabilizer for hydrogen peroxide in rinse-off hair care preparations
0.3 per cent calculated as base
-
-
Stabilizer for hydrogen peroxide in non rinse-off hair care preparations
0.03 per cent calculated as base
-
-
52
Methanol
Denaturant for ethanol and isopropyl alcohol
5 per cent calculated as a percentage of ethanol and isopropyl alcohol
-
-
53
Etidronic acid and its salts (1-hydroxyethylidene-diphosphonic acid and its salts)
Hair care
1.5 per cent expressed as etidronic acid
-
-
Soap
0.2 per cent expressed as etidronic acid
-
-
54
1-Phenoxy-propan-2-ol (See also Part I of Schedule 6) [Phenoxy-isopropanol]
Products rinsed off after use
2 per cent
Prohibited in oral hygiene products
-
55
Lead acetate
Only for hair dyeing
0.6 per cent calculated as lead
-
Contains lead acetate. Keep away from children. Avoid all contact with the eyes. Wash hands after use. Do not use to dye eyelashes, eyebrows or moustaches
If irritation develops discontinue use
56
Magnesium fluoride
Dental hygiene products
0.15 per cent calculated as fluorine. When mixed with other fluorine compounds the total fluorine concentration must not exceed 0.15 per cent
-
Contains magnesium fluoride
57
Strontium chloride hexahydrate
(a) Toothpaste
3.5 per cent calculated as strontium. When mixed with other permitted strontium compounds the total strontium content must not exceed 3.5 per cent
-
Contains strontium chloride Frequent use by children is not advisable
(b) Shampoo and face care products
2.1 per cent calculated as strontium. When mixed with other permitted strontium compounds the total strontium content must not exceed 2.1 per cent
-
-
58
Strontium acetate hemihydrate
Toothpaste
3.5 per cent calculated as strontium. When mixed with other permitted strontium products the total strontium content must not exceed 3.5 per cent
-
Contains strontium acetate. Use by children is not advisable
59
Talc: hydrated magnesium silicate
(a) Powdery products intended to be used for children under three years of age
-
-
(a): Keep powder away from children's nose and mouth
(b) other products
-
-
60
Fatty acid dialkanolamides
All purposes and products
Maximum dialkanolamine content: 0.5 per cent
Do not use with nitrosating systems. Maximum dialkanolamine content: 5 per cent (applies to raw materials. Maximum N-nitroso-dialkanolamine content: 50 µg/kg (applies to raw materials). Keep in nitrite-free containers
-
61
Monoalkanolamines
All purposes and products
Maximum dialkanolamine content: 0.5 per cent
Do not use with nitrosating systems. Minimum purity: 99 per cent. Maximum dialkanolamine content: 0.5 per cent (applies to raw materials). Maximum N-nitrosodialkanolamine content:
50 µg/kg (applies to raw materials). Keep in nitrite-free containers
-
62
Trialkanolamines
(a) non-rinse-off
(b) other products
(a) 2.5 per cent
-
(a) (b): Do not use with nitrosating systems. Minimum purity: 99 per cent. Maximum dialkanolamine content: 0.5 per cent (applies to raw materials). Maximum N-nitroso-dialkanolamine content: 50 µg/kg (applies to raw materials). Keep in nitrate-free containers
-
63
Strontium hydroxide
pH-regulator in depilatory products
3.5 per cent calculated as strontium
pH value not to exceed 12.7
Keep out of reach of children. Avoid contact with the eyes
64
Strontium peroxide
Rinse-off hair care preparations for professional use
4.5 per cent calculated as strontium in the ready-for-use preparation
All products must meet the hydrogen peroxide release requirements
Avoid contact with eyes. Rinse eyes immediately if product comes into contact with them. For professional use only. Wear suitable gloves
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
All cosmetic products, with the exception of oral care products
1.4 per cent in fine fragrance
0.56 per cent in eau de toilette
0.042 per cent in other products
-
-
30.9.2004
Combination Rules
A.
Where a cosmetic product contains two or more substances to which this Combination Rule applies, the concentration in the product of each of those substances shall be such that the sum of the relevant quotients for those substances (as defined in Rule C below) shall not exceed 1.
B.
Where a cosmetic product contains the substances to which this Combination Rule applies, the concentration in the product of each of those substances shall be such that the sum of the relevant quotients for those substances (as defined in Rule C below) shall not exceed 2; but the concentration of each substance shall not in any event exceed the limit specified for the substance in respect of the product in column 4 above.
C.
The relevant quotient for each substance is the actual concentration of the substance in the product divided by the maximum concentration specified for the substance in respect of the product in Column 4 of this Schedule.
LIST OF COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT COLOURING AGENTS INTENDED SOLELY TO COLOUR HAIR AND EXCEPT SUBJECT TO RESTRICTIONS
In this Schedule the colouring agents referred to in regulation 5(2)(d) are -
(i) those identified in column 1 either by name or by colour index number (the colour index numbers being those specified in the third edition of The Colour Index published in 1971 by the Society of Dyers and Colourists);
(ii) lakes or salts of these colouring agents which do not use substances prohibited under Schedule 3.
In the case of colouring agents identified by the addition of (*) to the name or colour index number, the insoluble barium, strontium and zirconium lakes, salts and pigments of these colouring agents shall also be permitted. They must pass the test for insolubility which will be determined by the procedure laid down in Article 8 of the Directive.
Colouring agents whose number is preceded by the letter "E" in accordance with the EEC Directive of 23rd October 1962 on the approximation of the rules of member States concerning foodstuffs and colouring matter[19], as amended[20], adapted[21] and replaced in part[22] must fulfil the purity requirements laid down in those Directives.
COLOURING AGENTS LISTED IN ANNEX IV, PART 1 OF THE DIRECTIVE AS COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN
Field of application
In column 3 of this Schedule, the entry "X" in a sub-column means that the colouring agent must not be used other than as follows -
Sub-column 1
=
Colouring agents allowed in all cosmetic products;
Sub-column 2
=
Colouring agents allowed in all cosmetic products except those intended to be applied in the vicinity of the eyes, in particular eye make-up and eye make-up remover;
Sub-column 3
=
Colouring agents allowed exclusively in cosmetic products except cosmetic products intended to come into contact with the mucous membranes;
Sub-column 4
=
Colouring agents allowed exclusively in cosmetic products intended to come into contact only briefly with the skin.
(1)
(2)
(3)
(4)
Name or colour
Colour
Type of product
Other requirements
index number
Field of application
1
2
3
4
10006
Green
X
10020
Green
X
10316*
Yellow
X
11680
Yellow
X
11710
Yellow
X
11725
Orange
X
11920
Orange
X
12010
Red
X
12085*
Red
X
3 per cent maximum concentration in the finished product
12120
Red
X
12150
Red
X
12370
Red
X
12420
Red
X
12480
Brown
X
12490
Red
X
12700
Yellow
X
13015
Yellow
X
E 105
14270
Orange
X
E 103
14700
Red
X
14720
Red
X
E 122
14815
Red
X
E 125
15510*
Orange
X
15525
Red
X
15580
Red
X
15620
Red
X
15630*
Red
X
3 per cent maximum concentration in the finished product
15800
Red
X
15850*
Red
X
15865*
Red
X
15880
Red
X
15980
Orange
X
E 111
15985*
Yellow
X
E 110
16035
Red
X
16185
Red
X
E 123
16230
Orange
X
16255*
Red
X
E 124
16290
Red
X
E 126
17200*
Red
X
18050
Red
X
18130
Red
X
18690
Yellow
X
18736
Red
X
18820
Yellow
X
18965
Yellow
X
19140*
Yellow
X
E 102
20040
Yellow
X
Maximum 3,3'-dimethyl-benzidine concentration in the colouring agent: 5 mg/kg
20170
Orange
X
20470
Black
X
21100
Yellow
X
Maximum 3,3'-dichloro-benzidine concentration in the colouring agent: 5 mg/kg
21108
Yellow
X
Maximum 3,3'-dichloro-benzidine concentration in the colouring agent: 5 mg/kg
21230
Yellow
X
24790
Red
X
26100
Red
X
Purity criteria: aniline <= 0.2 per cent, 2-naphthol <= 0.2 per cent, azobenzen-4-amine <= 0.1 per cent, 1-phenylazo-2-naphthol <= 3 per cent, 1-[2-(phenylazo) phenylazo]-2-naphthol <= 2 per cent
27290*
Red
X
27755
Black
X
E 152
28440
Black
X
E 151
40215
Orange
X
40800
Orange
X
40820
Orange
X
E 160e
40825
Orange
X
E 160f
40850
Orange
X
E 161g
42045
Blue
X
42051*
Blue
X
E 131
42053
Green
X
42080
Blue
X
42090
Blue
X
42100
Green
X
42170
Green
X
42510
Violet
X
42520
Violet
X
Maximum concentration in the finished product: 5 mg/kg
42735
Blue
X
44045
Blue
X
44090
Green
X
E 142
45100
Red
X
45190
Violet
X
45220
Red
X
45350
Yellow
X
6 per cent. maximum concentration in the finished product
45370*
Orange
X
Not more than 1 per cent 2-(6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid and 2 per cent 2-(bromo-6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid
45380*
Red
X
as immediately above
45396
Orange
X
When used in lipstick, the colouring agent is allowed only in free acid form and in a maximum concentration of 1 per cent
45405
Red
X
Not more than 1 per cent 2-(6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid and 2 per cent 2-(bromo-6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid
45410*
Red
X
as immediately above
45425
Red
X
Not more than 1 per cent 2-(6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid and 3 per cent 2-(iodo-6-hydroxy-3-oxo-3H-xanthen-9-yl)benzoic acid
COLOURING AGENTS LISTED IN ANNEX IV, PART 2 OF THE DIRECTIVE AS COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN AND WHERE COSMETIC PRODUCT SUPPLIED BEFORE A CERTAIN DATE
Field of application
In column 3 of this Schedule, the entry "X" in a sub-column means that the colouring agent must not be used other than as follows -
Sub-column 1
=
Colouring agents allowed in all cosmetic products;
Sub-column 2
=
Colouring agents allowed in all cosmetic products except those intended to be applied in the vicinity of the eyes, in particular eye make-up and eye make-up remover;
Sub-column 3
=
Colouring agents allowed exclusively in cosmetic products intended not to come into contact with the mucous membranes;
Sub-column 4
= Colouring agents allowed exclusively in cosmetic products intended to come into contact only briefly with the skin.
(1)
(2)
(3)
(4)
(5)
Name or colour
Colour
Type of product
Other requirements
Cosmetic product supplied until
index number
Field of application
1
2
3
4
Note: There are no entries in this Part at the date that these Regulations are made.
LIST OF PRESERVATIVES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS
In this Schedule, the matters specified in columns 3, 4, 5 and 6 which apply to a particular substance are those set out to the right of its name as mentioned in column 2; and the matters specified in columns 4, 5 and 6 which apply in any particular case are those set out to the right of the matter specified in column 3 which applies in that case. The substance may not be used or contained other than in the types of product specified in column 3. The concentration of the substance, when it is used as a preservative, in a product may not exceed the limit set out in column 4. Where a product is intended to be mixed with another product in specified proportions before use, the level of concentration shall be calculated by reference to the mixture. Other requirements are specified in column 5.
In column 4 of this Schedule, "A" indicates that the concentration of the substance in a product may exceed the limit set out in that column provided that -
(a) the presence of any excess of the substance in a product over the concentration so set out is not for the primary purpose of inhibiting the development of micro-organisms; and
(b) the purpose for which any such excess is present in the product is apparent from the labelling of the product.
In this Schedule -
"salts" means salts of the cations sodium, potassium, calcium, magnesium, ammonium and ethanolamines and of the anions chloride, bromide, sulphate and acetate;
"esters" means esters of methyl, ethyl, propyl, isopropyl, butyl, isobutyl and phenyl.
In column 4 of this Schedule, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.
All preservative substances containing formaldehyde or any substances named in this Schedule which release formaldehyde must be labelled with the warning "contains formaldehyde" when the concentration of formaldehyde in the final product exceeds 0.05 per cent.
Names which appear in square brackets in column 2 of this Schedule are the INCI names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC[23].
PRESERVATIVES LISTED IN ANNEX VI, PART 1 OF THE DIRECTIVE AS PRESERVATIVES WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN
(1)
(2)
(3)
(4)
(5)
(6)
Reference Number
Name of substance
Purpose of substance or type of product
Maximum concentration of substance in product
Other requirements
Required information
1
Benzoic acid, its salts and esters
All products
0.5 per cent (expressed as acid)
A
-
-
2
Propionic acid and its salts
All products
2 per cent (expressed as acid)
A
-
-
3
Salicylic acid and its salts
All products
0.5 per cent (expressed as acid)
A
Not to be used in preparations for children under three years of age except for shampoos
Not to be used for children under three years of age (solely for products which might be used for children under three years of age and which remain in prolonged contact with the skin)
4
Sorbic acid (hexa-2,4-dienoic acid) and its salts
All products
0.6 per cent (expressed as acid)
A
-
-
5
Formaldehyde and para-formaldehyde
For oral hygiene
0.1 per cent (expressed as free formaldehyde)
Not to be used in aerosol dispensers (sprays)
-
Except for oral hygiene (see also Part I of Schedule 4)
0.2 per cent (expressed as free formaldehyde)
6
ENTRY DELETED
7
Biphenyl-2-ol [o-phenylphenol] and its salts
All products
0.2 per cent (expressed as the phenol)
A
-
-
8
Pyrithione zinc (INN) [Zinc pyrithione]
Products rinsed off after use
0.5 per cent
A
Not to be used in oral hygiene products
-
9
Inorganic sulphites and hydrogen sulphites
All products
0.2 per cent (expressed as free SO2)
A
-
-
10
Sodium iodate
Products rinsed off after use
0.1 per cent
-
-
11
Chlorobutanol (INN)
All products
0.5 per cent
Not to be used in aerosol dispensers (sprays)
Contains chlorobutanol
12
4-Hydroxybenzoic acid and its salts and esters [the Parabens]
All products
0.4 per cent (expressed as acid) for 1 ester, 0.8 per cent (expressed as acid) for mixtures of esters
A
-
-
13
3-Acetyl-6-methylpyran-2,4(3H)-dione [Dehydroacetic acid] and its salts
All products
0.6 per cent (expressed as acid)
Not to be used in aerosol dispensers (sprays)
-
14
Formic acid and its sodium salt
All products
0.5 per cent (expressed as acid)
A
-
-
15
3,3'-Dibromo-4,4'-hexamethylenedioxydi-benzamidine [Dibromo-hexamidine] and its salts (including isethionate)
All products
0.1 per cent
-
-
16
Thiomersal (INN) [Thimerosal]
Eye make-up and eye make-up remover
0.007 per cent calculated as mercury. When mixed with other authorised mercury compounds total mercury concentration must not exceed 0.007 per cent
-
Contains thiomersal
17
Phenylmercuric salts (including borate)
Eye make-up and eye make-up remover
0.007 per cent calculated as mercury. When mixed with other authorised mercury compounds total mercury concentration must not exceed 0.007 per cent
-
Contains phenylmercuric compounds
18
Undec-10-enoic acid [Undecylenic acid] and its salts
Mixture of 5-chloro-2-methylisothiazol-3(2H)-one and 2-methylisothiazol-3(2H)-one with magnesium chloride and magnesium nitrate [Methylchloro- isothiazolinone and Methylisothiazolinone]
All products
0.0015 per cent of a mixture in the ratio 3:1 of 5-chloro-2-methylisothiazol-3(2H)-one to 2-methylisothiazol-3(2H)-one
-
-
40
2-Benzyl-4-chlorophenol [Chlorophene]
All products
0.2 per cent
-
-
41
2-Chloroacetamide [Chloroacetamide]
All products
0.3 per cent
-
Contains chloroacetamide
42
Chlorhexidine (INN) and its digluconate, diacetate and dihydrochloride
All products
0.3 per cent
A
-
-
43
1-Phenoxypropan-2-ol [Phenoxyisopropanol] (see also Part I of Schedule 4)
Products rinsed off after use
1.0 per cent
-
-
44
Alkyl (C12-C22)-trimethyl- ammonium bromide and chloride (Cetrimonium bromide (INN) and Cetrimonium chloride (INNM))
Not to be used in products for children under three years of age, in oral hygiene products and in products intended for application around the eyes and on the lips
0.004 per cent. calculated as silver chloride
The ratio of titanium dioxide to silver chloride shall be 4:1 by mass
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)
PRESERVATIVES LISTED IN ANNEX VI, PART 2 OF THE DIRECTIVE AS PRESERVATIVES WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN AND WHERE SUPPLIED BEFORE A CERTAIN DATE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Reference Number
Name of substance
Purpose of substance or type of product
Maximum concentration of substance in product
Other requirements
Required information
Permitted for supply until
Note: There are no entries in this Part at the date that these Regulations are made.
LIST OF UV FILTERS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS
In this Schedule, the matters specified in columns 3, 4 and 5 which apply to a particular substance are those set out to the right of its name as mentioned in column 2. The concentration of the substance in a product may not exceed the limit specified in column 3. Where a product is intended to be mixed with another product in specified proportions before use, the level of concentration shall be calculated by reference to the mixture. Other requirements are specified in column 4. In column 3 of this Schedule, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.
Names which appear in square brackets in column 2 are the International Nomenclature Cosmetic Ingredient names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC[24].
UV FILTERS LISTED IN ANNEX VII, PART 1 OF THE DIRECTIVE AS UV FILTERS WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN
Contains oxybenzone. (Not required when concentration is not more than 0.5 per cent, and when the substance is only intended to protect the product.)
5
ENTRY DELETED.
6
2-Phenylbenzimidazole-5-sulphonic acid [Phenylbenzimidazole sulfonic acid] and its potassium, sodium and triethanolamine salts
8 per cent (expressed as acid)
-
-
7
3,3'(1,4-Phenylenedimethylene)- bis(7,7-dimethyl-2-oxo-bicyclo[2.2.1]hept-1-ylmethanesulfonic acid) [Terephthalylidene dicamphor sulfonic acid] and its salts
2-Hydroxy-4-methoxybenzophenone-5-sulfonic acid [Benzophenone-4] and its sodium salt [Benzophenone-5] (Sulisobenzone (INN) and Sulisobenzone sodium (INNM))
a-(Trimethylsilyl)-w-(trimethylsilyloxy)poly- [dimethyl)silylene]-co-[oxy(methyl)(2-[p-[2,2-bis(ethoxycarbonyl)-vinyl]- phenoxy]-1-methyleneethyl)silylene]-co-[oxy(methyl)(2-[p-[2,2-bis(ethoxycarbonyl)vinyl)]- phenoxy]prop-1-enyl)silylene] where there are usually 60 polymeric units, of which the first part of the copolymer provides 56 (Dimethicodiethyl/Benzalmalonate)
UV FILTERS LISTED IN ANNEX VII, PART 2 OF THE DIRECTIVE AS UV FILTERS WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN AND WHERE SUPPLIED BEFORE A CERTAIN DATE
(1)
(2)
(3)
(4)
(5)
(6)
Reference Number
Name of substance
Maximum concentration of substance in product
Other requirements
Required information
UV filter supplied until
Note: There are no entries in this Part at the date that these Regulations are made.
The following are the methods of manufacture referred to in regulation 5(5) -
(a) transesterification or hydrolysis at at least 200°C, 40 bars (40,000 hPa) for 20 minutes (glycerol and fatty acids and esters);
(b) saponification with sodium hydroxide solution, c(NaOH) = 12 mol/1 (glycerol and soap) -
(i) batch process: at 95°C for three hours; or
(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).
PARTICULARS TO BE INCLUDED WITH A REQUEST FOR CONFIDENTIALITY
1.
The name or trade name and address or registered office of the applicant.
2.
Precise identification of the cosmetic ingredient for which confidentiality is requested, namely -
(a) where they exist, the CAS, EINECS and colour index numbers, the chemical name, the IUPAC name, the INCI name, the European Pharmacopoeia name, the International Non-proprietary Name as recommended by the World Health Organization and the common name as provided for in the common ingredients nomenclature;
(b) the European List of Notified Chemical Substances (ELINCS) name and the official number allocated to it if it has been notified pursuant to Council Directive 67/548/EEC and an indication of the decision to approve or refuse any request for confidentiality made under Article 19 of that Directive;
(c) where the names or numbers referred to in sub-paragraphs (a) and (b) above do not exist, for example in the case of certain ingredients of natural origin, the name of the base material, the name of the part of the plant or animal used and the names of the cosmetic ingredient's compounds, such as solvents.
3.
The evaluation of the safety for human health of the cosmetic ingredient as used in the finished cosmetic product or products taking into account the cosmetic ingredient's toxicological profile, chemical structure and the level of exposure as specified in regulation 9(1)(d) and carried out in accordance with the requirements of regulation 9(2) and (3).
4.
The envisaged use of the cosmetic ingredient and in particular the different categories of cosmetic products in which it will be used.
5.
A detailed justification of why confidentiality is sought addressing for example -
(a) the fact that the identity of the cosmetic ingredient or its function in the cosmetic product to be supplied has not been described in the literature accompanying the cosmetic product and is unknown to other manufacturers or suppliers of cosmetic products;
(b) the fact that the information is not yet in the public domain even though a patent application has been lodged for the cosmetic ingredient or its use;
(c) the fact that if the information were known it would be easily reproducible, to the detriment of the applicant.
6.
- (a) If known, the name of each cosmetic product which is to contain the cosmetic ingredient and if different names are to be used in other member States, precise details of each one of them.
(b) If the name of a cosmetic product is not yet known, it may be communicated at a later date, but at least 15 days before the cosmetic product is supplied.
(c) If the cosmetic ingredient is used in several products, one request shall suffice, provided that the cosmetic products are clearly indicated to the competent authority.
7.
A statement setting out whether a request has been submitted to the competent authority of any other member State in respect of the cosmetic ingredient for which confidentiality is sought and particulars on the outcome of any such request.
1.
The registration number referred to in regulation 12(5) shall consist of seven digits, the first two corresponding to the year of approval of confidentiality, the second two to the code assigned to each Member State, as referred to in paragraph 2 below, and the final three digits assigned by the competent authority.
2.
The code allocated to the United Kingdom is 06.
"Annex A" means the Annex to Commission Directive No. 80/1335/EEC[25] as amended by Commission Directive No. 87/143/EEC[26];
"Annex B" means the Annex to Commission Directive No. 82/434/EEC[27] as amended by Commission Directive No. 90/207/EEC[28];
"Annex C" means the Annex to Commission Directive No. 83/514/EEC[29];
"Annex D" means the Annex to Commission Directive No. 85/490/EEC[30];
"Annex E" means the Annex to Commission Directive No. 93/73/EEC[31];
"Annex F" means the Annex to Commission Directive No. 95/32/EC[32];
"Annex G" means the Annex to Commission Directive No. 96/45/EC[33];
"purchase" means purchase for the purpose of carrying out a test.
2.
An enforcement authority intending to purchase a cosmetic product shall purchase a sufficient laboratory sample, as defined in paragraph 2.3 of Part I of Annex A, for the purpose of Annex A; and, for the purposes of the definition of "total sample" in paragraph 2.2 of Part I of Annex A; samples shall be regarded as having the same batch number if -
(a) the means of identifying the batch referred to in regulation 7(2)(g) above shows that they were manufactured in the same batch;
(b) in the case of a product not manufactured in a batch, the reference referred to in regulation 7(2)(g) above shows that they are derived from the same unit of production; or
(c) in the case of a product which does not comply with the requirements of regulation 7(2)(g) above, the officer effecting the purchase has reasonable cause to believe that they were manufactured in the same batch or are derived from the same unit of production, as the case may be.
3.
The immediate container, if any, of a cosmetic product purchased by an enforcement authority shall not have been opened by, on behalf of or at the request of the enforcement authority before the purchase takes place and the container shall not thereafter be opened except in accordance with paragraph 5.3 of Part I of Annex A and paragraph 1.2 of Part II of Annex A.
4.
As soon as an enforcement authority has purchased a cosmetic product, the officer effecting the purchase shall -
(a) either -
(i) place a seal on the product's container or outer packaging; or
(ii) place the product in a container and forthwith place a seal on that container, in such a way that the product's immediate container cannot be opened or (in the case of a product which was not in a container when it was purchased) the product cannot be touched without (in either case) the seal being broken in such a manner that it would be apparent thereafter that it had been broken, and
(b) attach to the product a label indicating -
(i) the name of the product,
(ii) the date, time and place at which the product was purchased,
(iii) his own name, and
(iv) the name of the enforcement authority making the purchase.
5.
- (1) Subject to sub-paragraph (2) below, the provisions of Part I of Annex A, other than paragraphs 3.1, 3.2 and 4, and of Part II of Annex A, other than paragraph 1.4, shall be complied with in the sampling of cosmetic products and the laboratory preparation of test portions.
(2) Where, because of the way in which a cosmetic product is put up for sale, it is not practicable for Part II of Annex A to be complied with, it shall be prepared for testing in accordance with good analytical practice, and the person so preparing it shall record in writing the method of preparation which he has used.
6.
- (1) Any test to determine whether a cosmetic product contains a significant amount of free sodium hydroxide or free potassium hydroxide shall be carried out in accordance with paragraphs 1 to 4 of Part III of Annex A.
(2) Any test to determine the amount of free sodium hydroxide or free potassium hydroxide in a hair straightener product or a nail cuticle solvent product shall be carried out in accordance with paragraphs 1, 2, 3 and 5 of Part III of Annex A.
(3) Any test to determine whether a hair-care product contains oxalic acid or any alkaline salt of oxalic acid or to determine the amount of such a substance in a hair-care product shall, subject to the limitation specified in the second sentence of paragraph 1 of Part IV of Annex A, be carried out in accordance with the said Part IV.
(4) Any test to determine the amount of chloroform in toothpaste shall, subject to the limitation specified in the second sentence of paragraph 1 of Part V of Annex A, be carried out in accordance with the said Part V.
(5) Any test to determine the amount of zinc chloride, zinc sulphate or zinc 4-hydroxybenzene-sulphonate by virtue of their zinc contents in a cosmetic product shall be carried out in accordance with Part VI of Annex A and Commission Directive 87/143/EEC[34], and shall take into account paragraph 11 of Part VII of Annex A.
(6) Any test to determine whether a cosmetic product contained in an aerosol dispenser or a cream, emulsion, lotion, gel or oil intended to be applied to the skin contains 4-hydroxybenzene-sulphonic acid, or to determine the amount of that acid in such a product, shall be carried out in accordance with Part VII of Annex A.
(7) Any test to determine whether a hair-care product contains persulphate, bromate or hydrogen peroxide shall be carried out in accordance with Part A of Part I of Annex B.
(8) Any test to determine whether a hair-care product contains barium peroxide shall be carried out in accordance with Part B of Part I of Annex B.
(9) Any test to determine the amount of hydrogen peroxide in a hair-care product shall be carried out in accordance with Part C of Part I of Annex B.
(10) Any test to determine whether a hair-dye contains any of the oxidation colourants specified in paragraph 1 of Part II of Annex B, or to determine the amount of such a substance in a hair-dye, shall be carried out in accordance with the said Part II.
(11) Any test to determine whether a cosmetic product contains nitrite, or to determine the amount of that substance in a cosmetic product, shall be carried out in accordance with Part III of Annex B.
(12) Any test to determine whether a cosmetic product contains free formaldehyde, or to determine the amount of that substance in a cosmetic product, shall be carried out in accordance with Part IV of Annex B.
(13) Any test to determine the amount of resorcinol in a shampoo or hair lotion shall, subject to the limitation specified in the second sentence of paragraph 1 of Part V of Annex B, be carried out in accordance with the said Part V.
(14) Any test to determine the amount of methanol in relation to ethanol or propan-2-ol in a cosmetic product shall be carried out in accordance with Part VI of Annex B.
(15) Any test to determine the amount of dichloromethane or 1,1,1-trichloroethane in a cosmetic product shall be carried out in accordance with paragraphs 1 to 10 of that part of Annex C which is headed "Determination of dichloromethane and 1,1,1-trichloroethane".
(16) Any test to determine whether a cosmetic product contains quinolin-8-ol or bis(8-hydroxyquinolinium) sulphate, or to determine the amount of such a substance in a cosmetic product, shall be carried out in accordance with paragraphs 1 to 9 of that part of Annex C which is headed "Identification and determination of quinolin-8-ol and bis(8-hydroxyquinolinium) sulphate".
(17) Any test to determine the amount of ammonia in a cosmetic product shall be carried out in accordance with paragraphs 1 to 8 of that part of Annex C which is headed "Determination of ammonia".
(18) Any test to determine whether a cosmetic product contains nitromethane, or to determine the amount of that substance in a cosmetic product, shall be carried out in accordance with paragraphs 1 to 7 of that part of Annex C which is headed "Identification and determination of nitromethane".
(19) Any test to determine whether a hair-waving, hair-straightening or depilatory product contains mercaptoacetic acid (thioglycolic acid), or to determine the amount of that substance in such a product, shall be carried out in accordance with paragraphs 1 to 6 of that part of Annex C which is headed "Identification and determination of mercaptoacctic acid in hair-waving, hair-straightening and depilatory products".
(20) Any test to determine whether a cosmetic product contains hexachlorophene (INN) shall be carried out in accordance with paragraphs 1 to 7 of Part A of that part of Annex C which is headed "Identification and determination of hexachlorophene".
(21) Any test to determine the amount of hexachlorophene (INN) in a cosmetic product shall be carried out in accordance with paragraphs 1 to 9 of Part B of that part of Annex C which is headed "Identification and determination of hexachlorophene".
(22) Any test to determine the amount of tosylchloramide sodium (INN) in a cosmetic product shall be carried out in accordance with paragraphs 1 to 9 of that part of Annex C which is headed "Quantitative determination of tosylchloramide sodium (INN) (chloramine-T)".
(23) Any test to determine the total amount of fluorine in dental creams shall be carried out in accordance with paragraphs 1 to 8 of that part of Annex C which is headed "Determination of total fluorine in dental creams".
(24) Any test to determine whether a cosmetic product contains organomercury compounds shall be carried out in accordance with paragraphs 1 to 4 of Part A of that part of Annex C which is headed "Identification and determination of organomercury compounds".
(25) Any test to determine the amount of organomercury compounds in a cosmetic product shall be carried out in accordance with paragraphs 1 to 7 of Part B of that part of Annex C which is headed "Identification and determination of organomercury compounds".
(26) Any test to determine the amount of alkali sulphides or alkaline earth sulphides in a cosmetic product shall be carried out in accordance with paragraphs 1 to 8 of that part of Annex C which is headed "Determination of alkali and alkaline earth sulphides".
(27) Any test for the identification and determination of the amount of glycerol 1-(4-aminobenzoate) in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Identification and determination of glycerol 1-(4-aminobenzoate)".
(28) Any test to determine the amount of chlorobutanol (INN) in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Determination of chlorobutanol".
(29) Any test for the identification and determination of the amount of quinine in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Identification and determination of quinine".
(30) Any test for the identification and determination of inorganic sulphites and hydrogen sulphites in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Identification and determination of inorganic sulphites and hydrogen sulphites".
(31) Any test for the identification and determination of chlorates of the alkali metals in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Identification and determination of chlorates of the alkali metals".
(32) Any test for the identification and determination of sodium iodate in a cosmetic product shall be carried out in accordance with that part of Annex D which is headed "Identification and determination of sodium iodate".
(33) Any test for the identification and determination of silver nitrate in a cosmetic product shall be carried out in accordance with that part of Annex E which is headed "Identification and determination of silver nitrate in cosmetic products".
(34) Any test for the identification and determination of selenium disulphide in anti-dandruff shampoos shall be carried out in accordance with that part of Annex E which is headed "Identification and determination of selenium disulphide in anti-dandruff shampoos".
(35) Any test for the determination of soluble barium and soluble strontium in pigments in the form of salts or lakes shall be carried out in accordance with that part of Annex E which is headed "Determination of soluble barium and strontium in pigments in the form of salts or lakes".
(36) Any test for the identification and determination of benzyl alcohol in a cosmetic product shall be carried out in accordance with that part of Annex E which is headed "Identification and determination of benzyl alcohol in cosmetic products".
(37) Any test for the identification of zirconium and the determination of zirconium, aluminium and chlorine in non-aerosol anti-perspirants shall be carried out in accordance with that part of Annex E which is headed "Identification of zirconium, and determination of zirconium, aluminium and chlorine in non-aerosol anti-perspirants".
(38) Any test for the identification and determination of hexamidine, dibromohexamidine, dibromopropamidine and chlorhexidine in a cosmetic product shall be carried out in accordance with that part of Annex E which is headed "Identification and determination of hexamidine, dibromohexamidine, dibromopropamidine and chlorhexidine".
(39) Any test for the identification and determination of benzoic acid, 4-hydroxybenzoic acid, sorbic acid, salicylic acid and propionic acid in a cosmetic product shall be carried out in accordance with that part of Annex F which is headed "Identification and determination of benzoic acid, 4-hydroxybenzoic acid, sorbic acid, salicylic acid and propionic acid in cosmetic products".
(40) Any test for the identification and determination of hydroquinone, hydroquinone monomethyl ether, hydroquinone monoethyl ether and hydroquinone monobenzyl ether (monobenzone) in a cosmetic product shall be carried out in accordance with that part of Annex F which is headed "Identification and determination of hydroquinone, hydroquinone monomethyl ether, hydroquinone monoethyl ether and hydroquinone monobenzyl ether in cosmetic products".
(41) Any test for the identification and determination of 2-phenoxyethanol, 1-phenoxypropan-2-ol, and methyl, ethyl, propyl, butyl and benzyl 4-hydroxybenzoate in a cosmetic product shall be carried out in accordance with Annex G.
These Regulations revoke and re-enact the Cosmetic Products (Safety) Regulations 1996 (S.I. 1996/2625 as amended by S.I. 1997/2914, S.I. 1998/1727, S.I. 1999/1552, S.I. 2000/1679 and S.I. 2000/2765; together "the 1996 Regulations"). The 1996 Regulations give effect to Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p. 169) on the approximation of the laws of the Member States relating to cosmetic products, as amended by the Community instruments listed in Schedule 2 to these Regulations.
These Regulations also give effect for the first time to Commission Directive 2002/34/EC (O.J. No. L102, 18.4.02, p.19) as follows -
(a) in Schedule 1 to the 1996 Regulations (now Schedule 3 to these Regulations) relating to substances which cosmetic products (as defined in regulation 3(1)) of these Regulations) must not contain -
(i) by amending entry 631 (now entry 634) relating to radioactive substances; and
(ii) by inserting, as a new Part II to that Schedule, 29 new substances which cosmetic products must not contain when used as a fragrance ingredient;
(b) in Part I of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances which cosmetic products must not contain except subject to the restrictions laid down -
(i) by amending entries 8, 15b, 15c and 16 regarding m- and p-phenylenediamines, lithium hydroxide, calcium hydroxide and [1-n]aphthol respectively;
(ii) by inserting a new entry 66 regarding polyacrylamides;
(c) in Part II of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances provisionally allowed, by inserting 62 new substances; and
(d) in Part I of Schedule 5 to the 1996 Regulations (now Schedule 7 to these Regulations) relating to UV filters (as defined in regulation 3(1) of these Regulations) which cosmetic products may not contain except subject to the restrictions laid down, by inserting new entries 26 and 27 regarding dimethicodiethylbenzalmalonate and titanium dioxide respectively.
In addition, the Regulations give effect for the first time to Commission Directive 2003/1/EC (O.J. No. L5, 10.1.03, p. 14) by substituting a new regulation 5(3) concerning specified risk material in relation to bovine, ovine and caprine animals. Regulation 5(3) prohibits the supply of a cosmetic product which contains any such specified risk material.
Furthermore, the Regulations give effect for the first time to Commission Directive 2003/16/EC (O.J. No. L46, 20.2.03, p. 24) by extending from 28th February 2003 to 30th September 2004 the date in column 7 of Part II of Schedule 4 to the Regulations by which substance numbers 61 and 62 are permitted to be used.
The Colour Index referred to in these Regulations may be obtained from the Society of Dyers and Colourists, PO Box No. 244, Perkin House, 88 Grattan Road, Bradford BDI 2JB.
The ninth edition of the International Cosmetic Ingredient Dictionary Handbook referred to in these Regulations may be obtained from Micelle Press, 12 Ullswater Crescent, Weymouth, Dorset DT3 5HE.
"A full regulatory impact assessment report of the effect that these Regulations would have on the costs to business, together with a Transposition Note, is freely available to the public from the Consumer and Competition Policy Directorate, Department of Trade and Industry, 4th Floor, 1 Victoria Street, London SW1H 0ET. Copies of the report have also been placed in the libraries of both Houses of Parliament."