Cosmetic Products (Safety) Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1260 |
| Year | 1984 |
1984 No. 1260
CONSUMER PROTECTION
The Cosmetic Products (Safety) Regulations 19842ndAugust 1984
Regulations 1 and 228thAugust 1984Regulations 3(1), 4 to 6(6), 7 to 8(1)(d) and 8(1)(f) to 11 (except as provided in Regulation 1(3) and (5))Regulations 3(1), 4 to 6(6), 7 to 8(1)(d) and 8(1)(f) to 11 (except as provided in Regulation 1(3) and (5))1stJanuary 1986Regulations 6(7) and 8(1)(e) (except as provided in Regulation 1(6))Regulations 6(7) and 8(1)(e) (except as provided in Regulation 1(6))1stJanuary 1987Regulations 3(2) and 12Regulations 3(2) and 121stJanuary 1988
Whereas the Secretary of State has, in accordance with section 1(4) of the Consumer Safety Act 1978(a), consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations, such other persons as he considers appropriate and the Health and Safety Commission:
And whereas the Secretary of State has in accordance with section 1(5) of the Consumer Protection Act 1961(b) consulted with such persons and bodies of persons as appear to him requisite:
And whereas the Secretary of State is a Minister designated(c) for the purposes of section 2 of the European Communities Act 1972(d) 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:
And whereas a draft of these Regulations has been approved by a resolution of each House of Parliament pursuant to section 7(7) of the said Act of 1978:
(a) 1978 c.38.
(b) 1961 c.40.
(c) S.I. 1972/1811, 1975/1707.
(d) 1972 c.68.
Now, therefore, the Secretary of State in exercise of powers conferred on him by sections 1 and 2(7) of the said Act of 1978, by sections 1 and 2 of the said 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:—
Citation and commencement
1.— (1) These Regulations may be cited as the Cosmetic Products (Safety) Regulations 1984.
(2) This Regulation and Regulation 2 shall come into operation on 28th August 1984.
(3) Regulation 3(1) 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 1st January 1986, except where the cosmetic products are sold, or held in possession for sale, by retail, in which case it shall come into operation on 1st January 1988; and
(b) in all other cases, on 1st January 1988.
(4) Regulations 3(2) and 12 shall come into operation on 1st January 1988.
(5) Regulations 4 to 6(6), 7 to 8(1)(d) and 8(1)(f) to 11 shall come into operation—
(a) in relation to the supply, offering to supply, agreeing to supply, exposing for supply or possessing for supply of cosmetic products by the manufacturer 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, on 1st January 1986, except where the cosmetic products are supplied, agreed to be supplied, exposed for supply or possessed for supply, by retail, in which case they shall come into operation on 1st January 1988; and
(b) in all other cases, on 1st January 1988.
(6) Regulations 6(7) and 8(1)(e) shall come into operation—
(a) in relation to the supply, offering to supply, agreeing to supply, exposing for supply or possessing for supply of cosmetic products by the manufacturer 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, on 1st January 1987, except where the cosmetic products are supplied, agreed to be supplied, exposed for supply or possessed for supply, by retail, in which case they shall come into operation on 1st January 1989; and
(b) in all other cases, on 1st January 1989.
Revocations, modifications and transitional provisions
2. The Cosmetic Products Regulations 1978(a) are hereby amended by the insertion, after Regulation 2, of the following Regulation—
"2A. These Regulations shall not apply in relation to the sale or possession for sale of cosmetic products which satisfy the requirements of the Cosmetic Products (Safety) Regulations 1984, notwithstanding that only Regulations 1 and 2 of those Regulations are in operation."
3.—(1) The Cosmetic Products Regulations 1978 (other than Regulation 9) and the Cosmetic Products (Amendment) Regulations 1983(b) are hereby revoked.
(2) Regulation 9 of the Cosmetic Products Regulations 1978 is hereby revoked.
Interpretation
4.— (1) In these Regulations—
"the Directive" means Council Directive No. 76/768/EEC(c) as amended by Council Directive No. 82/368/EEC(d), Commission Directive No. 82/147/EEC(e), Commission Directive No. 83/191/EEC(f), Commission Directive No. 83/341/EEC(g), Council Directive No. 83/574/EEC(h) and Commission Directive No. 83/496/EEC(i);
"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;
"market research experiment" means any activities conducted for the purpose of ascertaining the opinion of persons of—
(a) any cosmetic product; or
(b) anything in, on or with which the cosmetic product is supplied; or
(a) S.I. 1978/1354, amended by S.I. 1983/1477.
(b) S.I. 1983/1477.
(c) O.J. No. L262, 27.9.76, p.169.
(d) O.J. No. L167, 15.6.82, p.1.
(e) O.J. No. L63, 6.3.82, p.26.
(f) O.J. No. L109, 26.4.83, p.25.
(g) O.J. No. L188, 13.7.83, p.15.
(h) O.J. No. L332, 28.11.83, p.38.
(i) O.J. No. L275, 8.10.83, p.20.
(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.
A cosmetic product is not the subject of a market research experiment unless—
(a) 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
(b) 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.
"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;
"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) References in these Regulations to Schedules are references to the Schedules to these Regulations.
General Requirements
5.— (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 Regulation 10 below, paragraph (1) above shall apply only to the supply, offering to supply, agreeing to supply, exposing for supply or possessing for supply by the manufacturer 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.
Particular requirements
6.— (1) The following provisions of this Regulation are without prejudice to Regulation 5 above and are subject to Regulation 7 below.
(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 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 2 of Schedule 2 unless the matters specified in columns 3, 4, and 5 of that Schedule in relation to that substance are complied with.
(4) A cosmetic product intended to come into contact with the mucous membranes shall not contain—
(a) 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) 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.
(6) A cosmetic product shall not contain—
(a) any preservative listed in column 2 of Schedule 5 unless the matters specified in columns 3, 4 and 5 of that Schedule in relation to that preservative are complied with; and
(b) any preservative which is not listed in that Schedule.
(7) A cosmetic product shall not contain—
(a) any UV filter listed in column 2 of Schedule 6 unless the matters specified in columns 3 and 4 of that Schedule in relation to that UV filter are complied with; and
(b) any UV filter which is not listed in that Schedule
7.—(1) The Secretary of State...
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