Cosmetic Products Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1354 |
| Year | 1978 |
1978 No. 1354
CONSUMER PROTECTION
The Cosmetic Products Regulations 197820thSeptember 1978
14thSeptember 1978
Whereas the Secretary of State has in accordance with the provisions of section 1(5) of the Consumer Protection Act 1961(a) (hereinafter called "the Act of 1961") consulted with such persons and bodies of persons as appear to him to be requisite:
And whereas the Secretary of State is a Minister designated(b) for the purposes of section 2 of the European Communities Act 1972(c) 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 an indication of origin on imported goods:
Now, therefore, the Secretary of State in exercise of powers conferred on him by sections 1 and 2 of the Act of 1961 and by section 2 of the said Act of 1972 and of all other powers enabling him in that behalf hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Cosmetic Products Regulations 1978.
(2) These Regulations, except Regulations 4 and 5, shall come into operation on 15 October 1978.
(3) Regulation 4 shall come into operation—
(a) in relation to the sale or possession for sale of cosmetic products by the manufacturer or importer into Great Britain or, in the case of cosmetic products manufactured or imported into Great Britain on behalf of another person, by that other person, on 1 January 1979, except where the cosmetic products are manufactured or imported (as the case may be) before 1 January 1979 and are sold, or held in possession for sale, by retail, in which case it shall come into operation on 29 July 1979; and
(b) in all other cases, on 29 July 1979.
(4) Regulation 5 shall come into operation—
(a) in relation to the sale or possession for sale of cosmetic products by the manufacturer or importer into Great Britain or, in the case of
(a) 1961 c. 40.
(b) S.I. 1972/1811.
(c) 1972 c. 68.
cosmetic products manufactured or imported into Great Britain on behalf of another person, by that other person, on 29 July 1979, except where the cosmetic products are manufactured or imported (as the case may be) before 29 July 1979 and are sold, or held in possession for sale, by retail, in which case it shall come into operation on 29 July 1981; and
(b) in all other cases, on 29 July 1981.
2.—(1) In these Regulations—
"the Directive" means Council Directive No. 76/768/EEC(a);
"cosmetic product" means any substance or preparation intended to be applied to 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 to the teeth or buccal mucosa wholly or mainly for the purpose of cleaning, perfuming or protecting them or keeping them in good condition or changing their appearance or combating body odour or perspiration except where such cleaning, perfuming, protecting, keeping, changing or combating 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.
(2) References in these Regulations to Schedules are references to the Schedules to these Regulations.
(3) Any reference in these Regulations to an enactment is a reference to that enactment as amended or extended by or under any other enactment.
(4) The Interpretation Act 1889(b) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.
General requirement
3.—(1) Subject to paragraph (2) below, a cosmetic product shall not be liable to cause damage to human health when it is applied under normal conditions of use.
(2) For the purposes of section 2(1) of the Act of 1961 (which prohibits sale and possession for sale of goods not complying with regulations) as applied by Regulation 6 below, paragraph (1) above shall apply only to sale or possession for sale by the manufacturer or the importer into Great Britain or, in the case of cosmetic products manufactured or imported into Great Britain on behalf of another person, by that other person.
Particular requirements
4.—(1) The following provisions of this Regulation are without prejudice to Regulation 3 above.
(2) A cosmetic product shall not contain any substance listed in Schedule 1: Provided that no account shall be taken of any such substance which is
(a) O.J. No. L262, 27.9.76 p. 169.
(b) 1889 c. 63.
present only as a trace which could not reasonably have been removed during or after manufacture.
(3) A cosmetic product shall not contain any substance listed in column 1 of Schedule 2 unless the matters specified in columns 2, 3 and 4 of that Schedule in relation to that substance are complied with.
(4) A cosmetic product intended to come into contact with the mucous membranes—
(a) shall not contain any colouring agent listed in Schedule 3 unless the requirements specified in column 2 of that Schedule in relation to that colouring agent are complied with, and
(b) shall not contain any colouring agent which is not listed in that Schedule.
(5) A cosmetic product shall not contain any colouring agent which is listed in Schedule 4 unless the product is intended to come into only brief contact with the skin.
Marking
5.—(1) Subject to the following provisions of this Regulation, the container or the outer packaging (if any) in which a cosmetic product is sold or delivered pursuant to a sale, or a label affixed to the product, the container or the outer packaging, shall bear the following particulars:—
(a) the name or trade name and the address or registered office of the manufacturer of the product or of a seller thereof, being a manufacturer or seller established within a Member State of the European Economic Community;
(b) in the case of a cosmetic product likely within three years from the manufacture thereof to cease to comply with the requirements of Regulation 3 above, the earliest date on which it is likely so to cease;
(c) in the case of a cosmetic product containing a substance listed in column 1 of Schedule 2, the information specified in column 5 of that Schedule in relation to that substance;
(d) in the case of a cosmetic product containing lanolin, the words "Contains lanolin";
(e) any particular precautions to be observed in use (not being precautions included in the information referred to in subparagraph (c) above); and
(f) 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).
(2) The particulars referred to in subparagraphs (a) to (e) of paragraph (1) above shall be in lettering which is visible, indelible and easily legible; and the particulars referred to in subparagraph (f) of that paragraph shall be indelible.
(3) The particulars referred to in subparagraph (a) of paragraph (1) above may be abbreviated if such abbreviation does not prevent the person concerned from being identified.
(4) The particulars referred to in subparagraphs (b) to (e) of paragraph (1) above shall be in the English language; but this shall not prohibit the additional use of other languages.
(5) The particulars referred to in subparagraphs (c) to (e) of paragraph 1 above shall appear on the container or on a label attached thereto: Provided that where—
(a) it is impracticable by reason of the size or shape of the container for the said particulars so to appear and the container is enclosed in outer packaging, or
(b) two or more products are sold together by retail as a single item, each product being in a separate container and the containers being enclosed together in outer packaging which bears clear and conspicuous instructions to the effect that the products must be mixed together in specified proportions before use,
the said particulars may appear on the outer packaging or on a label attached thereto or on a leaflet enclosed in the outer packaging (and, in the case of a leaflet, an indication shall appear on the container referring to the information in the leaflet).
(6) Where it is impracticable, for reasons of size, for the particulars referred to in subparagraph (f) of paragraph (1) above to appear on the container or outer packaging or on a label attached to either thereof, the said particulars shall appear on the packaging in which the product is displayed for retail sale.
(7) In the case of a sale of soap which is not in a container, either the soap itself or the packaging in which it is displayed for sale or the container in which it was last contained before the sale shall bear the particulars referred to in subparagraphs (a) and (f) of paragraph (1) above, and in so far as any of the particulars referred to in subparagraphs (b) to (e) of paragraph (1) 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 subparagraphs (a) and (f) of paragraph (1) above appears on the soap itself the requirement of indelibility shall apply only until it has been put into use.
Enforcement
6.—(1) Subject to paragraphs (2) and (3) below, insofar as any requirement in these Regulations is imposed under section 2 of the European Communities Act 1972 that requirement shall be enforced as if it were a provision of regulations made under sections 1 and 2 of the Act of 1961, and the provisions of that Act shall apply as they apply to regulations made under that Act.
(2) In England and Wales, no proceedings in respect of a contravention of the requirement set out in Regulation 3 above may be commenced except with the consent of...
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