The Cosmetic Products Enforcement Regulations 2013

Regulation 3(1)

SCHEDULE 1 Regulations Revoked

Regulation revoked	Reference:
Cosmetic Products (Safety) Regulations 2008	S.I. 2008/1284
Cosmetic Products (Safety) (Amendment) Regulations 2008	S.I. 2008/2173
Cosmetic Products (Safety) (Amendment No. 2) Regulations 2008	S.I. 2008/2566
Cosmetic Products (Safety) (Amendment) Regulations 2009	S.I. 2009/796
Cosmetic Products (Safety) (Amendment No. 2) Regulations 2009	S.I. 2009/1346
Cosmetic Products (Safety) (Amendment No. 3) Regulations 2009	S.I. 2009/2562
Cosmetic Products (Safety) (Amendment No. 4) Regulations 2009	S.I. 2009/3367
Cosmetic Products (Safety) (Amendment) Regulations 2010	S.I. 2010/1150
Cosmetic Products (Safety) (Amendment No. 2) Regulations 2010	S.I. 2010/1927
Cosmetic Products (Safety) (Amendment) Regulations 2011	S.I. 2011/3037
The Cosmetic Products (Safety) (Amendment) Regulations 2012	S.I. 2012/2263

Regulation 7(1)(a)

SCHEDULE 2 Testing, powers of entry etc and warrants

Testing of cosmetic products

1.—(1) — The enforcement authority may purchase a cosmetic product for the purpose of ascertaining whether the requirements of the EU Cosmetics Regulation or these Regulations have been complied with in respect of it.

(2) If—

(a) a cosmetic product which has been purchased under sub-paragraph (1) or seized under paragraph 4 is submitted to a test;

(b) the test leads to—

(i) the bringing of proceedings for an offence under regulation 12 or for the forfeiture of the product under regulations 20 or 21; or

(ii) the serving of a notice under regulation 8 requiring measures to be taken under Articles 25, 26 or 27 of the EU Cosmetics Regulation; and

(c) a person—

(i) from whom the cosmetic product was purchased or seized;

(ii) who is a party to the proceedings; or

(iii) who has an interest in the cosmetic product which is identified as an infringing cosmetic product in a notice under regulation 8 requiring measures to be taken under Articles 25, 26 or 27 of the EU Cosmetics Regulation,

requests the enforcement authority to allow that person to have the cosmetic product tested,

the authority must, if it is practicable for such a test to be carried out, allow that person to have the cosmetic product tested.

2.  Any test of goods purchased under paragraph 1(1) or seized under paragraph 4 by or on behalf of an enforcement authority for the purposes of ascertaining whether the provisions of these Regulations have been contravened must in all cases be carried out in accordance with the provisions of paragraphs 2 to 5 of Schedule 3 and any test for which a method is specified in paragraph 6 of Schedule 3 must be carried out in accordance with that method.

Power to enter premises

3.—(1) An officer of an enforcement authority may enter premises, except any premises used wholly or mainly as a private dwelling, at any reasonable hour, for the purpose of ascertaining whether there has been compliance with the provisions of the EU Cosmetics Regulation or these Regulations.

(2) Before entering the premises, an officer must give reasonable notice, unless giving such notice would reasonably be supposed to defeat the purpose of the entry.

(3) An officer must, if requested to do so, produce the officer’s credentials.

(4) An officer may be accompanied by such other persons as the officer considers necessary

(5) An officer may bring on to the premises such equipment as the officer considers necessary.

Power to inspect, seize and detain cosmetic products etc

4.—(1) An officer of an enforcement authority may, in order to ascertain if any provision of the EU Cosmetics Regulations or these Regulations has not been complied with—

(a) examine any procedure (including any arrangements for carrying out a test) connected with the production of a product;

(b) make such examination or investigation as is necessary on entering any premises under paragraph 3 or a warrant under paragraph 5;

(c) require any person carrying on or employed in connection with a business to produce any cosmetic products, products, goods, substances, records, documents or information and take copies of—

(i) any document or record; or

(ii) any entry in any document or record.

(2) An officer who reasonably suspects non-compliance with any provision of the EU Cosmetics Regulation or these Regulations may seize and detain any cosmetic products, products, goods, substances, records, documents or information in order to ascertain, by testing or otherwise, such non-compliance.

(3) An officer may—

(a) seize and detain any cosmetic products, products, goods, substances, records, documents or information which may be required as evidence in any proceedings under these Regulations;

(b) seize and detain any cosmetic products which he has reasonable grounds for suspecting may be liable to be forfeited under regulations 20 or 21 above.

(4) An officer may, for the purposes of exercising powers under sub-paragraphs (1), (2) or (3), or RAMS, but only to the extent reasonably necessary to prevent a contravention of the provisions of the EU Cosmetics Regulations or these Regulations—

(a) require any person having authority to do so to break open any container or to open any vending machine; and

(b) break open the container or machine, using reasonable force, if that person does not comply or if there is no person present having authority to open it.

(5) An officer may require information stored electronically to be made available in printed form.

(6) An officer entering any premises which are unoccupied or any premises from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An officer exercising any power of seizure and detention must—

(a) give to the person against whom the power has been exercised a written notice stating what has been seized and detained;

(b) detain those things only for as long as is necessary for—

(i) the enforcement authority to ascertain whether any provision of the EU Cosmetics Regulations or these Regulations has not been complied with and if required to present the evidence at court; or

(ii) the forfeiture proceedings to be concluded, where the goods are detained under sub-paragraph (3)(b).

(8) Nothing in this regulation compels the production by any person of a document which that person would be entitled to withhold production of in any proceedings in any court on the grounds that it is the subject of legal professional privilege or, in Scotland, that it contains a confidential communication made by or to an advocate or solicitor in that capacity.

Warrants

5.—(1) A justice of the peace may by signed warrant permit an officer or any other person to enter any premises in the exercise of the powers and duties under the EU Cosmetics Regulations, RAMS or these Regulations, if necessary by reasonable force, if the justice in England and Wales on sworn information in writing, in Northern Ireland on a complaint on oath, or in Scotland by evidence on oath is satisfied—

(a) that there are reasonable grounds for believing either—

(i) entry to the premises in order to exercise powers under paragraph 4 is likely to disclose evidence that there has been a contravention of any requirement imposed by or under the EU Cosmetics Regulation or these Regulations; or

(ii) a contravention of the EU Cosmetics Regulation or these Regulations has taken place, is taking place or is about to take place on any premises; and

(b) that any of the conditions in sub-paragraph (3) are met.

(2) Reference to a justice of the peace—

(a) in Scotland includes a sheriff;

(b) in Northern Ireland is a reference to a lay magistrate.

(3) The conditions are—

(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) the premises are unoccupied or the occupier is temporarily absent and it might defeat the object of the entry to await his return.

(4) A warrant under sub-paragraph (1) is valid for one month.

Regulation 7(2)

SCHEDULE 3 Sampling and Testing

1.  In this Schedule—

“Annex A” means the Annex to Commission Directive No 80/1335/EEC(1) as amended by Commission Directive No 87/143/EEC(2);

“Annex B” means the Annex to Commission Directive No 82/434/EEC(3) as amended by Commission Directive No 90/207/EEC(4);

“Annex C” means the Annex to Commission Directive No 83/514/EEC(5);

“Annex D” means the Annex to Commission Directive No 85/490/EEC(6);

“Annex E” means the Annex to Commission Directive No 93/73/EEC(7);

“Annex F” means the Annex to Commission Directive No 95/32/EC(8);

“Annex G” means the Annex to Commission Directive No 96/45/EC(9);

“purchase” means purchase for the purpose of carrying out a test.

2.  An enforcement authority intending to purchase a cosmetic product must purchase a sufficient laboratory sample, as defined in paragraph 2.3 of Part 1 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 1 of Annex A; samples shall be regarded as having the sample batch number if—

(a) the means of identifying the batch referred to in Article 19(1)(e) of the EU Cosmetics Regulation 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 Article 19(1)(e) of the EU Cosmetics Regulation 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 Article 19(1)(e) of the EU Cosmetics Regulation, 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 must not be opened by, on behalf of or at the request of the enforcement authority before the purchase takes place and the container must 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 must—

(a) either—

(i) place a seal on the product’s container or outer packaging; or

(ii) place the product in a container and immediately 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) the name of the officer, and

(iv) the name of the enforcement authority making the purchase.

5.—(1) Subject to sub-paragraph (2), the provisions of Part 1 of Annex A, other than paragraphs 3.1, 3.2 and 4, and of Part II of Annex A, other than paragraph 1.4, must 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 must be prepared for testing in accordance with good analytical practice, and the person so preparing it must record in writing the method of preparation which has been used.

6.—(1) Any test to determine whether a cosmetic product contains a significant amount of free sodium hydroxide or free potassium hydroxide must 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 must 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 must, 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 must, 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 must be carried out in accordance with Part VI of Annex A and Commission Directive 87/143/EEC(10), and must 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, must 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 must 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 must be carried out in accordance with Part B of Part 1 of Annex B.

(9) Any test to determine the amount of hydrogen peroxide in a hair-care product must 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, must 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, must 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, must 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 must, 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 must 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 must 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, must 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 must 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, must 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, must be carried out in accordance with paragraphs 1 to 6 of that part of Annex C which is headed “Identification and determination of mercaptoacetic acid in hair waving, hair straightening and depilatory products”.

(20) Any test to determine whether a cosmetic product contains hexachlorophene (INN) must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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”.

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 must be carried out in accordance with Annex G.

Regulation 12(1)

SCHEDULE 4 Offences for Breach for the EU Cosmetics Regulation

Provision of the EU Cosmetics Regulation	Subject Matter
Article 3	Safety
Article 5	Obligations of responsible persons
Article 6	Obligations of distributors
Article 7	Identification within the supply chain
Article 10	Safety assessment
Article 11	Requirements for the product information file
Article 13	Notification requirements
Article 14	Restrictions for substances listed in the Annexes
Article 15	Substances classified as CMR substances
Article 16	Notification requirements in relation to nanomaterials
Article 18	Animal testing requirements
Article 19	Labelling requirements
Article 20	Requirements relating to product claims
Article 21	Access to information for the public
Article 23	Communication of serious undesirable effects
Article 24	Information requirements on substances

Regulation 25

SCHEDULE 5 Consequential Amendments

Weights and Measures (Northern Ireland) Order 1981

1.  Part 5 of Schedule 6 to the Weights and Measures (Northern Ireland) Order 1981(11) is repealed.

2.  In paragraph 3 of Part 6 of Schedule 6 to the Weights and Measures (Northern Ireland) Order 1981—

(a) omit “as defined in paragraph 1 of Part V”;

(b) the existing provision becomes sub-paragraph (1);

(c) at the end insert—

“(2) Cosmetic product” has the same meaning as in Regulation (EC) 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.”

Weights and Measures Act 1985

3.  Part 5 of Schedule 6 to the Weights and Measures Act 1985(12) is repealed.

4.  In paragraph 16A of Schedule 6 to the Weights and Measures Act 1985—

(a) omit “as defined in paragraph 15 above”;

(b) the existing provision becomes sub-paragraph (1);

(c) at the end insert—

“(2) “Cosmetic product” has the same meaning as in Regulation (EC) 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.”

Control of Pesticides Regulations 1986

5.  In regulation 3(2)(b)(iv) of the Control of Pesticides Regulations 1986(13) for “the Cosmetic Products (Safety) Regulations 1984” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.”

Control of Pesticides Regulations (Northern Ireland) 1987

6.  In regulation 3(2)(b)(iv) of the Control of Pesticides Regulations (Northern Ireland) 1987(14) for “the Cosmetic Products (Safety) Regulations 1984” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.”

Dangerous Substances in Harbour Areas Regulations 1987

7.  In regulation 3(3)(c) of the Dangerous Substances in Harbour Areas Regulations 1987(15) for “regulation 4(1) of the Cosmetic Products (Safety) Regulations 1984” substitute “Article 2(1)(a) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

8.  In regulation 3(3)(c) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(16) for “regulation 4(1) of the Cosmetic Products (Safety) Regulations 1984” substitute “Article 2(1)(a) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Patents (Licences of Right) (Exception of Pesticidal Use) Order 1989

9.  In article 2(2)(bb) of the Patents (Licences of Right) (Exception of Pesticidal Use) Order 1989(17) for “the Cosmetics Products (Safety) Regulations 1984” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Water Protection Zone (River Dee Catchment) Designation Order 1999

10.  In article 2(1) of the Water Protection Zone (River Dee Catchment) Designation Order 1999(18) for “Cosmetic Products (Safety) Regulations 1996” from sub-paragraph (g) of the definition of “controlled substance” and substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Biocidal Products Regulations (Northern Ireland) 2001

11.  In Schedule 2 of the Biocidal Products Regulations (Northern Ireland) 2001(19)—

(a) omit “the Cosmetic Products (Safety) Regulations 1996”;

(b) insert “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time” in the appropriate place.

Biocidal Products Regulations 2001

12.  In Schedule 2 of the Biocidal Products Regulations 2001(20)—

(a) omit “the Cosmetic Products (Safety) Regulations 1996”;

(b) insert “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time” in the appropriate place.

Control of Substances Hazardous to Health Regulations 2002

13.  In the definition of “cosmetic product” in Schedule 2 of the Control of Substances Hazardous to Health Regulations 2002(21) for “regulation 2(1) of the Cosmetic Products (Safety) Regulations 1996” substitute “Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time”.

Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

14.  In the definition of “cosmetic product” in Schedule 2 of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003(22) for “regulation 2(1) of the Cosmetic Products (Safety) Regulations 1996” substitute “Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time”.

Good Laboratory Practice (Codification Amendments Etc.) Regulations 2004

15.  Omit regulation 4 of the Good Laboratory Practice (Codification Amendments Etc.) Regulations 2004(23).

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

16.  At the end of Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004(24) insert “The Cosmetic Products Enforcement Regulations 2013”.

Weights and Measures (Packaged Goods) Regulations 2006

17.  The Weights and Measures (Packaged Goods) Regulations 2006(25) are amended as follows—

(a) in the definition of “cosmetic product” in regulation 2, for “regulation 3 of the Cosmetic Products (Safety) Regulations 2004” substitute “Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time”;

(b) in regulation 5(7) for “regulation 7(2)(a) of the Cosmetic Products (Safety) Regulations 2004 requires a package to be marked with information about the manufacturer or supplier established in a member State” substitute “Article 19 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time, requires a package to bear information about the responsible person, as defined in Article 4 of that Regulation”;

(c) in regulation 6(6) for “regulation 7(2)(a) of the Cosmetic Products (Safety) Regulations 2004 requires an outer container to be marked with information about the manufacturer or supplier established in a member State” substitute “Article 19 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time, requires an outer container to bear information about the responsible person, as defined in Article 4 of that Regulation”.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

18.  The Legislative and Regulatory Reform (Regulatory Functions) Order 2007(26), is amended as follows.

19.  In Part 3 of Schedule 1, under the heading “Consumer and business protection”—

(a) omit “Cosmetic Products (Safety) Regulations 2008”;

(b) insert “the Cosmetic Products Enforcement Regulations 2013” at the appropriate place.

20.  In Part 8 of Schedule 1—

(a) omit “Cosmetic Products (Safety) Regulations 2008”;

(b) insert “the Cosmetic Products Enforcement Regulations 2013” in the appropriate place.

21.  In Part 13 of Schedule 1—

(a) omit “Cosmetic Products (Safety) Regulations 2008”;

(b) insert “the Cosmetic Products Enforcement Regulations 2013” in the appropriate place.

Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

22.  In regulation 3(2)(f) of the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009(27) for “the Cosmetic Products (Safety) Regulations 2008” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

23.  In regulation 3(2)(f) of the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009(28) for “the Cosmetic Products (Safety) Regulations 2008” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

24.  The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009(29) is amended as follows.

25.  In Part 4 of Schedule 1 paragraph 1—

(a) omit “Cosmetic Products (Safety) Regulations 2008”;

(b) insert “Cosmetic Products Enforcement Regulations 2012” in the appropriate place;

26.  In Part 2 of Schedule 2, paragraph 1—

(a) omit “Cosmetic Products (Safety) Regulations 2008”

(b) insert “Cosmetic Products Enforcement Regulations 2012” in the appropriate place.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

27.  In regulation 3(2)(f) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009(30) for “the Cosmetic Products (Safety) Regulations 2008” substitute “Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time”.

Pharmacy Order 2010

28.  In Schedule 4, Part 2, of the Pharmacy Order 2010(31) omit paragraph 65.

Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011

29.  The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011(32) are amended as follows—

(a) in Regulation 2 in the definition of “cosmetic product” for “regulation 3 of the Cosmetic Products (Safety) Regulations 2008” substitute “Article 2 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast) as amended from time to time”;

(b) in Regulation 5(7) for “Where regulation 12(1)(a) of the Cosmetic Products (Safety) Regulations 2008 requires a package to be marked with information about the manufacturer or supplier established in a member State” substitute “Where Article 19 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast)(33) requires a package to bear information about the responsible person, as defined in Article 4 of that Regulation”;

(c) in Regulation 6(6) for “Where regulation 12(1)(a) of the Cosmetic Products (Safety) Regulations 2008 requires an outer container to be marked with information about the manufacturer or supplier established in a member State” substitute “Where Article 19 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (recast)(34) requires a container to bear information about the responsible person, as defined in Article 4 of that Regulation”.

Animal By-Products (Enforcement) (England) Regulations 2011

30.  In Schedule 2 of Animal By-Products (Enforcement) (England) Regulations 2011(35) omit paragraph 16.

Animal By-Products (Enforcement) (No. 2) (Wales) Regulations 2011

31.  In Schedule 2 of Animal By-Products (Enforcement) (No. 2) (Wales) Regulations 2011(36) omit paragraph 15.

(1)

OJ No L 383, 31.12.80, p 27–46.

(2)

OJ No L 57, 27.2.87, p 56.

(3)

O.J. No L 185, 30.6.82, p 27–46.

(4)

OJ L 108, 28.4.90, p 1–28.

(5)

OJ No L 291, 24.10.83, p 9–46.

(6)

OJ No L 295, 7.11.85, p 30–45.

(7)

OJ No L 231, 14.9.93.

(8)

OJ No L 178, 28.7.95.

(9)

OJ No L 213, 22.8.96, p 8.

(10)

OJ No L 057, 27.02.87, p 56.

(11)

S.I. 1981/231 (NI 10), amended by S.R. (NI) 1994 No 319; there are other amending instruments but none is relevant.

(12)

1985 c. 72; amended by S.I. 1994/1884; there are other amending instruments but none is relevant.

(13)

S.I. 1986/1510, amended by S.I. 1997/188; there are other amending instruments but none is relevant.

(14)

S.R. (NI) 1987 No 414; amended by S.R. NI 1997 No 469; there are other amending instruments but none is relevant.

(15)

S.I. 1987/37, to which there are amendments not relevant to these Regulations.

(16)

S.R. (NI) 1991 No 509, to which there are amendments not relevant to these Regulations.

(17)

S.I. 1989/1202, as amended by SI 1990/2487.

(18)

S.I. 1999/915, to which there are amendments not relevant to these Regulations.

(19)

S.R (NI) 2001 No 422.

(20)

S.I. 2001/880, to which there are amendments not relevant to these Regulations.

(21)

S.I. 2002/2677, to which there are amendments not relevant to these Regulations.

(22)

S.R. (NI) 2003 No 34, to which there are amendments not relevant to these Regulations.

(23)

S.I. 2004/994.

(24)

S.I. 2004/693, to which there are amendments not relevant to these Regulations.

(25)

S.I. 2006/659.

(26)

S.I. 2007/3544, amended by S.I. 2009/2981; there are other amending instruments but none is relevant.

(27)

S.R. (NI) 2009 No 238, to which there are amendments not relevant to these Regulations.

(28)

S.R. (NI) 2009 No 273.

(29)

S.I. 2009/669.

(30)

S.I. 2009/716 as amended by S.I. 2011/228.

(31)

S.I. 2010/231.

(32)

S.R. (NI) 2011 No 331.

(33)

OJ No L 342, 22.12.2009, p.59.

(34)

OJ No L 342, 22.12.2009, p.59.

(35)

S.I. 2011/881.

(36)

S.I. 2011/2377 (W.250).