The Cosmetic Products (Safety) (Amendment) Regulations 2010

Amendment to the Principal Regulations

2.  The Principal Regulations are amended as follows—

(a) in Regulation 2, after paragraph (1B) insert—

“(1C) Cosmetic products which fail to comply with—

(a) the second column opposite reference number 450 of Schedule 3 to these Regulations; or

(b) column ‘b’ opposite reference number 130 in Part 1 of Schedule 4 to these Regulations; or

(c) the entries opposite reference number 151a in Part 1 of Schedule 4 to these Regulations,

may not be placed on the market by EEA manufacturers or by importers established within the EEA after 15th February 2011 and may not be sold or disposed of to the final consumer in the EEA after 15th August 2011.

(1D) Cosmetic products which fail to comply with—

(a) column ‘f’ of the entries opposite reference numbers 8, 8a, 9, 9a, 16, 22, 193, 202, 203, 205 and 208 in Part 1 of Schedule 4; or

(b) column ‘f’ of the entries opposite reference numbers 3 to 6, 10 to 12, 16, 19 to 22, 25 to 27, 31 to 39, 44, 48 to 50, 55 and 56, of Part 2 of Schedule 4,

may not be placed on the market by EEA manufacturers or by importers established within the EEA after 1st November 2011 and may not be sold or disposed of to the final consumer in the EEA after 1st November 2012.”;

(b) in Schedule 2 insert at the end—

“61.   Commission Directive 2009/129/EC (O.J. No L267, 10.10.2009, p.18).

62.   Commission Directive 2009/130/EC (O.J. No L268, 13.10.2009, p.5).

63.   Commission Directive 2009/134/EC (O.J. No L282, 29.10.2009, p.15).

64.   Commission Directive 2009/164/EU (O.J. No L344, 23.12.2009, p.41)

65.   Commission Directive 2010/3/EU (O.J. No L29, 2.2.2010, p.5)

66.   Commission Directive 2010/4/EU (O.J. No L36, 9.2.2010, p.21)”;

(c) In Schedule 3, in the entries opposite reference number 450, in the second column substitute “Verbena essential oils (Lippia citriodora Kunth.) and derivatives other than absolute when used as a fragrance ingredient” ;

(d) in Part 1 of Schedule 4—

(i) after the entries opposite reference number 7 delete the entries for reference numbers 8 and 9 and insert the entries for reference numbers 8, 8a, 9 and 9a in Schedule 1 to these Regulations;

(ii) in column ‘f’ opposite reference numbers 8 and 8a for “Can cause allergic reaction” and “Can cause an allergic reaction” in paragraphs (a) and (b) substitute the contents of Schedule 2 to these Regulations;

(iii) in column ‘f’ opposite reference numbers 8a and 9a, at the end of paragraphs (a) and (b) insert, “The mixing ratio is printed on the label.”;

(iv) for the entries opposite column ‘f’ of reference numbers 9 and 9a substitute the contents of Schedule 3;

(v) in relation to the entries opposite reference number 14—

(aa) delete “0.3%,” in column ‘d’;

(bb) in column ‘f’ delete paragraph (a);

(vi) in column ‘f’ opposite reference numbers 16, 202 and 203 for “Can cause allergic reaction” substitute the contents of Schedule 2 to these Regulations;

(vii) in column ‘f’ opposite reference number 22 after paragraph (a) insert the contents of Schedule 2 to these Regulations;

(viii) in column ‘f’ opposite reference numbers 26 to 43, 47 and 56 delete the first sentence and insert—

“For any toothpaste with compounds containing fluorine in a concentration of 0.1 to 0.15% calculated as F unless it is already labelled as contra-indicated for children (e.g. “for adult use only”) the following labelling is obligatory:

“Children of 6 years and younger: use a pea sized amount for supervised brushing to minimise swallowing. In case of intake of fluoride from other sources consult a dentist or doctor.””

(ix) in column ‘b’ opposite reference number 130 for “Terpene terpenoids sinpine” substitute “Terpenes and terpenoids”;

(x) after the entries opposite reference number 151 insert the entries for reference number 151a in Schedule 1 to these Regulations;

(xi) in column ‘f’ opposite reference numbers 193 and 205 after paragraph (a) insert the contents of Schedule 2 to these Regulations;

(xii) after the entries opposite reference number 205 insert the entries for reference number 206 in Schedule 1 to these Regulations;

(xiii) after the entries opposite reference number 206 insert the entries for reference number 207 in Schedule 1 to these Regulations;

(xiv) after the entries opposite reference number 207 insert the entries for reference numbers 208 and 209 in Schedule 1 to these Regulations;

(xv) at the end of Part 1 of Schedule 4, after the last footnote insert “(*) For use as a preservative, see Schedule 6, Part 1, reference number 58.”;

(e) In Part 2 of Schedule 4—

(i) in column ‘f’ opposite reference number 3 for “Can cause allergic reaction” substitute the contents of Schedule 2 to these Regulations;

(ii) in column ‘f’ opposite reference numbers 4, 20, 26, 32, 34 to 39 and 44 insert the contents of Schedule 2 to these Regulations;

(iii) in column ‘f’ opposite reference numbers 5, 6, 12, 19, 21, 22, 25 and 33 for “Can cause allergic reaction” substitute the contents of Schedule 2 to these Regulations;

(iv) in column ‘f’ opposite reference numbers 10, 11 and 16—

(aa) in paragraph (a) for “Can cause allergic reaction” substitute the contents of Schedule 2 to these Regulations;

(bb) delete paragraph (b);

(v) in column ‘f’ opposite reference numbers 27, 48 and 56 insert the contents of Schedule 4 to these Regulations;

(vi) in column ‘f’ opposite reference numbers 31, 49, 50 and 55 insert “(a)” and the contents of Schedule 2 to these Regulations;

(vii) the entries opposite reference numbers 26 and 29 are deleted;

(f) In Part 1 of Schedule 6, after the entries opposite reference number 57 insert the entries for reference number 58 in Schedule 5 to these Regulations.