CHAPTER IISAFETY, RESPONSIBILITY, FREE MOVEMENT
F1Article 4Responsible person
1.
A cosmetic product may not be placed on the market unless there is a responsible person established in the United Kingdom in respect of the cosmetic product.
2.
Subject to paragraphs 6 and 7, a manufacturer of a cosmetic product is the responsible person in respect of that product where—
(a)
the manufacturer is established in the United Kingdom; and
(b)
the cosmetic product—
(i)
is manufactured in the United Kingdom; and
(ii)
after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.
3.
Where paragraph 4 applies the manufacturer must ensure that—
(a)
there is a person established in the United Kingdom designated by written mandate as the responsible person in respect of the cosmetic product; and
(b)
that person has agreed in writing to be the responsible person in respect of that cosmetic product.
4.
This paragraph applies where—
(a)
a manufacturer of a cosmetic product is established in a country outside the United Kingdom; and
(b)
the cosmetic product—
(i)
is manufactured in the United Kingdom; and
(ii)
after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.
5.
Subject to paragraphs 6 and 7, any importer placing a cosmetic product on the market is the responsible person in respect of that cosmetic product.
6.
An importer or a manufacturer established in the United Kingdom may by written mandate designate a person established in the United Kingdom as the responsible person.
7.
Where the person designated by the importer or the manufacturer under paragraph 6 accepts the designation in writing, that person is the responsible person.
8.
A distributor is the responsible person in respect of a cosmetic product where that distributor—
(a)
places a product on the market under the distributor's name or trademark; or
(b)
modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.