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Authorisation by the Secretary of State

20.—(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 listed in Schedule 3 (substances which must not form part of the composition of cosmetic products) or Schedule 4 (substances subject to restrictions and conditions).

(2) An authorisation as to the use of a particular substance in a cosmetic product may contain conditions relating 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 labelling requirements.

(3) The Secretary of State may on reasonable notice vary or revoke any authorisation given under paragraph (1).

(4) The Secretary of State shall arrange for the authorisation, variation or revocation, as the case may be, to be published in such manner as he considers appropriate for bringing it to the attention of persons who, in his opinion, would be likely to have an interest in it.

(5) The fact that a cosmetic product contains a particular substance does not constitute a contravention of these Regulations provided that at the relevant time—

(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.