1987 No. 1920
CONSUMER PROTECTION

The Cosmetic Products (Safety) (Amendment) Regulations 1987

Made
Laid before Parliament
Coming into force (except as provided in regulation 1)
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 19871, 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 is a Minister designated2 for the purposes of section 2 of the European Communities Act 19723 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;

Now, therefore, the Secretary of State in exercise of powers conferred on him by section 11 of the said Act of 1987 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:

1.

(1)

These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) Regulations 1987 and except as provided by paragraph (2) below, shall come into force on 21st December 1987.

(2)

Regulation 2(y), regulation 2(bb) insofar as it relates only to entry Number 52 in Schedule 1 to these Regulations, regulation 2(cc), regulation 2(ee) and regulation 2(ff) shall come into force–

(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 in or importer into the United Kingdom or, in the case of cosmetic products, manufactured in or imported into the United Kingdom on behalf of another person, by that other person, on 1st January 1988, 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 force on 1st January 1989; and

(b)

in all other cases, on 1st January 1989.

2.

The Cosmetic Products (Safety) Regulations 19844 are hereby amended–

(a)

in regulation 4(1), in the definition of “the Directive”, by the omission of the word “and” between “Council Directive No. 83/574/EEC” and “Commission Directive No. 83/496/EEC” and by the addition of the words “Commission Directive No. 84/415/EEC(j), Commission Directive No. 85/391/EEC(k), Commission Directive No. 85/490/EEC(l), Commission Directive No. 86/179/EEC(m) and Commission Directive No. 86/199/EEC(n)” and by the insertion as footnotes at the foot of the relevant page of the following–

“(j)

O.J. L228, 25.8.84, p.31

(k)

O.J. L224, 22.8.85, p.40

(l)

O.J. L295, 7.11.85, p.30

(m)

O.J. L138, 24.5.86, p.40

(n)

O.J. L149, 3.6.86, p.38”;

(b)

in regulation 5(2) by the insertion after the word “manufacturer” of the word “in”;

(c)

in regulation 6(3) by the substitution for the words “3, 4 and 5” of the words “3, 4, 5 and (in the case of Part II) 7”.

(d)

in regulation 6 by the substitution for paragraph (4) of the following paragraph–

“(4)

A cosmetic product shall not contain–

(a)

any colouring agent listed in columns 1 and 2 of Schedule 3 unless–

(i)

the requirements in columns 3 and 4 of Part I of that Schedule in relation to that colouring agent are satisfied; or

(ii)

the requirements in columns 3 and 4 of Part II of that Schedule in relation to that colouring agent are satisfied and the cosmetic product in question is supplied on or before the date specified in column 5 of that Part;

(b)

any colouring agent which is not listed in that Schedule and which is intended to come into contact with the mucous membrane;”

(e)

in regulation 6 by the omission of paragraph (5);

(f)

in regulation 6(6) by the substitution for sub-paragraph (a) of the following sub-paragraph–

“(a)

any preservative listed in column 2 of Schedule 5 unless–

(i)

the requirements in columns 3, 4 and 5 of Part I of that Schedule in relation to that preservative are satisfied; or

(ii)

the requirements in columns 3, 4 and 5 of Part II of that Schedule in relation to that preservative are satisfied and the preservative in question is supplied on or before the date specified in column 7 of that Part;”

(g)

in regulation 6(6) by the omission of the word “and” between sub-paragraphs (a) and (b) and by the addition of the following sub-paragraph–

“(c)

any preservative listed in column 2 of Part II of Schedule 5 after the date specified in column 7 of that Schedule”;

(h)

in regulation 6(7) by the omission of the word “and” between sub-paragraphs (a) and (b);

(i)

in regulation 9 by the substitution for paragraph (2) of the following paragraph–

“(2)

Regulations 5, 6 and 8 above do not apply in any case in which the cosmetic product is supplied, offered for supply, agreed to be supplied, exposed or possessed for supply for the purposes of exporting that product to any country which is not a member State of the European Economic Community”;

(j)

in Schedule 1 by the substitution for the words in column 2 of entry Number 24 of the words–

“4-(orp-)Aminobenzoic acid esters except glycerol 1-(4-aminobenzoate) when provisionally permitted for use as a UV filter in accordance with the requirements specified at Item 4 of Part II of Schedule 6”;

(k)

in Schedule 1 by the substitution in column 2 of entry Number 64 for the letter “B” of the symbol “*”;

(l)

in Schedule 1 by the substitution for the words in column 2 of entry Number 85 of the words “4-Benzyloxyphenol”;

(m)

in Schedule 1 by the insertion in column 4 of entry Number 148A of the figure “366”;

(n)

in Schedule 1 by the substitution in column 2 of entry Number 212 for the words “column 4 of Part II of Schedule 2” of the words “column 5 of Part II of Schedule 2”;

(o)

in Schedule 1 by the substitution in column 2 of entry Number 213 for the words “column 4 of Part II of Schedule 2” of the words “column 5 of Part II of Schedule 2”;

(p)

in Schedule 1 by the insertion after entry Number 285 of the following entry–

“285A – 4-ethoxyphenol 348 178”;

(q)

in Schedule 1 by the substitution in column 2 of entry Number 348 for the words “Hydroquinone monobenzyl ether” of the words “Hydroquinone monobenzyl, monoethyl and monomethyl ethers”;

(r)

in Schedule 1 by the insertion in column 3 of entry Number 348 after the figure “431” of the figures “285A, 411A”;

(s)

in Schedule 1 by the substitution in column 2 of entry Number 395 for the words “Part II of Schedule 5” of the words “Part I of Schedule 5”;

(t)

in Schedule 1 by the substitution in column 2 of entry Number 397 for the words “column 4 of Part II of Schedule 2” of the words “column 5 of Part II of Schedule 2”;

(u)

in Schedule 1 by the insertion after entry Number 411 of the following entry–

“411A 4-methoxyphenol 348 178”;

(v)

in Schedule 1 by the substitution in column 2 of entry Number 562 for the words “Selenium and its compounds” of the words “Selenium and its compounds except when permitted under the restrictions laid down against entry Number 50 in Part I of Schedule 2”;

(w)

in Schedule 1 by the substitution in column 2 of entry Number 603 for the words “column 4 of Part II of Schedule 2” of the words “column 5 of Part II of Schedule 2”;

(x)

in Schedule 1 entry number 645A by the insertion in column 4 of the figure “366”;

(y)

in Schedule 1 by the renumbering and appropriate relocation in numerical order of entry Number 675 (Aristolochic acid and its salts) as entry Number 56A and by the insertion after entry Number 674 of following–

“676 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin – 367

677 2, 6-Dimethyl-1, 3-dioxan-4-yl acetate (Dimethoxane) – 368

678 Pyrithione sodium (INNM) – 369”;

(z)

in Part I of Schedule 2 by the substitution in column 3 of entry Number 11 for the words “use other than as a preservative (see also Part II of Schedule 5)” of the words “all purposes and products”;

(aa)

in Part I of Schedule 2 by the substitution for entry Number 45 of the following–

“45

1, 3-Bis (hydroxymethyl) imidazolidiene-2-thione

(a)

Hair-care preparations

2 per cent

Not to be used in aerosol dispensers (sprays)

Contains 1, 3-Bis (hydroxymethyl) imidazolidine-2-thione

(b)

Nail-care preparations2 per cent

pH as applied value must be less than 4”;

(bb)

in Part I of Schedule 2 by the insertion after entry Number 49 of the additional entries set out in Schedule 1 to these Regulations;

(cc)

in Schedule 2 by the substitution for Part II of Schedule 2 of the Part set out in Schedule 2 to these Regulations;

(dd)

in Part III of Schedule 2 by the substitution in column 3 of entry number 4 for the words “(See also Part II of Schedule 5)” of the words “(See also Part I of Schedule 5)”;

(ee)

by the substitution for Schedule 3 of the Schedule set out in Schedule 3 to these Regulations and by the omission of Schedule 4;

(ff)

by the substitution for Schedule 5 of the schedule set out in Schedule 4 to these Regulations;

(gg)

in Schedule 7 by the insertion in paragraph 1 after the words “Commission Directive No. 83/514/EEC;” of the words ““Annex D” means the Annex to Commission Directive No. 85/490/EEC(a)” and by the insertion as a footnote at the foot of the relevant page of “(a) O.J. No. L295, 7.11.85, p.30.”

(hh)

in Schedule 7 by the insertion after entry Number 6(26) of the following–

“(27)

Any test for the identification and determination of the amount of glycerol 1-(4-aminobenzoate) in a cosmetic product shall 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 in a cosmetic product shall 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 shall 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 shall 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 shall 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 shall be carried out in accordance with that part of Annex D which is headed “Identification and determination of sodium iodate”.”.

Francis Maude
Parliamentary Under-Secretary of State,
Department of Trade and Industry

SCHEDULE 1

Regulation 2(bb)

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Reference Number

Name of substance

Purpose of substance or type of product

Maximum concentration of substance in product

Other requirements

Required information

50

Selenium disulphide

Anti-dandruff shampoos

1 per cent

Contains selenium disulphide. Avoid contact with eyes or damaged skin

51

Aluminium zirconium chloride hydroxide complexes Ald2xZr(OH)d2y CLd2z and the aluminium zirconium chloride hydroxide glycine complexes

Anti-perspirants

20 per cent as anhydrous aluminium zirconium chloride hydroxide 5.4 per cent as zirconium

The ratio of the number of aluminium atoms to that of zirconium atoms must be between 2 and 10

The ratio of the number of (Al + Zr) atoms to chlorine atoms must be between 0.9 and 2.1.

Not to be used in aerosol dispensers (sprays)

Do not apply to irritated or damaged skin

52

Quinolin–8–ol and bis (8–hydroxyquinolinium) sulphate

Stabilizer for hydrogen peroxide in rinse-off hair-care preparations

0.3 per cent calculated as base

SCHEDULE 2

Regulation 2(cc)

PART IISubstances listed in Annex IV, Part I of the Directive as substances provisionally allowed

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Reference Number

Name of substance

Purpose of substance or type of product

Maximum concentration of substance in product

Other requirements

Required information

Permitted for use until

1

Methanol

Denaturant for ethanol and isopropyl alcohol

5 per cent calculated as a percentage of ethanol and isopropyl alcohol

31.12.1987

2

1,1,1–Trichloroethane (methyl chloroform)

Aerosol spray

35 per cent

(When mixed with dichloromethane total concentration must not exceed 35 per cent)

Do not spray on a naked flame or any incandescent material

31.12.1987

3

3,4',5–Tribromosalicylanilide (Tribromsalan)

Deodorant soaps

1 per cent

Purity of the 3,4',5– Tribromosalicylanilide: must be not less than 98.5 per cent

Other bromosalicylanilides: not to exceed 1.5 per cent

4',5–dibromosalicylanilide: not to exceed 0.1 per cent

Inorganic bromide: not to exceed 0.1 per cent expressed as NaBr

Contains tribromosalicylanilide

31.12.1987

4

2,2'–Dithiobis (pyridine 1–oxide), addition product with magnesium sulphate trihydrate

Rinsed off hair care products

1 per cent

31.12.1987

5

1–Phenoxypropan–2–ol

–Rinse-off products only

–Prohibited in oral hygiene products

2 per cent

For preservative use see Schedule 5 – Part II – No 11

31.12.1987

SCHEDULE 3

Regulation 2(ee)

SCHEDULE 3COLOURING AGENTS

Regulation 6(4)

In this Schedule the colouring agents referred to in regulation 6(4)(a) are–

(i)

those identified either by name or by colour index number (the colour index numbers being those specified in the third edition of The Colour Index published in 1971 by the Society of Dyers and Colourists);

(ii)

lakes or salts of these colouring agents which do not use substances prohibited under Annex II or which are excluded under Annex V from the scope of the Cosmetics Directive (76/768/EEC).

In the case of colouring agents identified by the addition of (*) to the name or colour index number, the insoluble barium, strontium and zirconium lakes, salts and pigments of these colouring agents shall also be permitted. They must pass the test for insolubility which will be determined by the procedure laid down in Article 8 of the Directive.

Colouring agents whose number is preceded by the letter `E' in accordance with the EEC Directive of 23 October 1962 on the approximation of the rules of Member States concerning foodstuffs and colouring matters5, as amended,6 and adapted7 must fulfil the purity requirements laid down in those Directives. They continue to be subject to the general criteria set out in Annex III to the 1962 Directive concerning colouring matters where the letter `E' has been deleted therefrom.

PART IColouring agents listed in annex iii part 2 of the directive as colouring agents allowed for use in cosmetic products

Column 1

Column 2

Column 3

Column 4

Name or colour index number

Colour

Type of product Field of application

Other requirements

1

2

3

4

10006

Green

X

10020

Green

X

10316*

Yellow

X

11680

Yellow

X

11710

Yellow

X

11725

Orange

X

11920

Orange

X

12010

Red

X

12075*

Orange

X

12085*

Red

X

3 per cent maximum concentration in the finished product

12120

Red

X

12150

Red

X

12370

Red

X

12420

Red

X

12480

Brown

X

12490

Red

X

12700

Yellow

X

See also Part 2

13015

Yellow

X

E 105

13065

Yellow

X

See also Part 2

14270

Orange

X

E 103

14700

Red

X

14720

Red

X

E 122

14815

Red

X

E 125

15510*

Orange

X

15525

Red

X

15580

Red

X

15585*

Red

X

15620

Red

X

15630*

Red

X

3 per cent maximum concentration in the finished product

15800

Red

X

See also Part 2

15850*

Red

X

15865*

Red

X

15880

Red

X

15980

Orange

X

E 111

15985*

Yellow

X

E 110

16035

Red

X

16185

Red

X

E 123

16230

Orange

X

16255*

Red

X

E 124

16290

Red

X

E 126

17200

Red

X

18050

Red

X

18130

Red

X

18690

Yellow

X

18736

Red

X

18820

Yellow

X

18965

Yellow

X

19140*

Yellow

X

E 102

20040

Yellow

X

Maximum 3, 3'–dimethylbenzidine concentration in the colouring agent : 5 ppm

20170

Orange

X

20470

Black

X

See also Part 2

21100

Yellow

X

Maximum 3, 3'–dichloro-benzidine concentration in the colouring agent : 5 ppm

21108

Yellow

X

Maximum 3, 3'–dichloro-benzidine concentration in the colouring agent : 5 ppm

21230

Yellow

X

24790

Red

X

27290*

Red

X

27755

Black

X

E 152

28440

Black

X

E 151

40215

Orange

X

40800

Orange

X

40820

Orange

X

E 160 e

40825

Orange

X

E 160 f

40850

Orange

X

E 161 g

42045

Blue

X

See also Part 2

42051*

Blue

X

E 131

42053

Green

X

42080

Blue

X

42090

Blue

X

42100

Green

X

42170

Green

X

See also Part 2

42510

Violet

X

42520

Violet

X

5 ppm max concentration in the finished product

42640

Violet

X

42735

Blue

X

44045

Blue

X

See also Part 2

44090

Green

X

E 142

45100

Red

X

45170*

Red

X

45170:1

X

45190

Violet

X

See also Part 2

45220

Red

X

45350

Yellow

X

6 per cent max concentration in the finished product

45370*

Orange

X

Not more than 1 per cent 2–(6–hydroxy–3–oxo–3H– xanthen–9–yl) benzoic acid and 2 per cent 2–(bromo–6– hydroxy–3–oxo–3H–xanthen– 9–yl) benzoic acid

45380*

Red

X

as immediately above

45396

Orange

X

When used in lipstick, the colouring agent is allowed only in free acid form and in a maximum concentration of 1 per cent

45405

Red

X

Not more than 1 per cent 2–(6–hydroxy–3–oxo–3H– xanthen–9–yl) benzoic acid and 2 per cent 2–(bromo–6– hydroxy–3–oxo–3H–xanthen– 9–yl) benzoic acid

45410*

Red

X

as immediately above

45425

Red

X

Not more than 1 per cent 2–(6–hydroxy–3–oxo–3H– xanthen–9–yl) benzoic acid and 3 per cent 2–(iodo–6– hydroxy–3–oxo–3H–xanthen– 9–yl) benzoic acid

45430*

Red

X

as immediately above E 127

47000

Yellow

X

See also Part 2

47005

Yellow

X

E 104

50325

Violet

X

50420

Black

X

51319

Violet

X

58000

Red

X

59040

Green

X

60724

Violet

X

60725

Violet

X

60730

Violet

X

61565

Green

X

61570

Green

X

61585

Blue

X

62045

Blue

X

69800

Blue

X

E 130

69825

Blue

X

71105

Orange

X

73000

Blue

X

73015

Blue

X

E 132

73360

Red

X

73385

Violet

X

73900

Violet

X

See also Part 2

73915

Red

X

74100

Blue

X

74160

Blue

X

74180

Blue

X

See also Part 2

74260

Green

X

75100

Yellow

X

75120

Orange

X

E 160 b

75125

Yellow

X

E 160 d

75130

Orange

X

E 160 a

75135

Yellow

X

E 161 d

75170

White

X

75300

Yellow

X

E 100

75470

Red

X

E 120

75810

Green

X

E 140 and E 141

77000

White

X

E 173

77002

White

X

77004

White

X

77007

Blue

X

77015

Red

X

77120

White

X

77163

White

X

77220

White

X

E 170

77231

White

X

77266

Black

X

77267

Black

X

77268:1

Black

X

E 153

77288

Green

X

Free from chromate ions

77289

Green

X

Free from chromate ions

77346

Green

X

77400

Brown

X

77480

Brown

X

E 175

77489

Orange

X

E 172

77491

Red

X

E 172

77492

Yellow

X

E 172

77499

Black

X

E 172

77510

Blue

X

Free from cyanide ions

77713

White

X

77742

Violet

X

77745

Red

X

77820

White

X

E 174

77891

White

X

E 171

77947

White

X

Lactoflavin

Yellow

X

E 101

Caramel

Brown

X

E 150

Capsanthin, capsorubin

Orange

X

E 160 c

Beetroot red

Red

X

E 162

Anthocyanins

Red

X

E 163

Aluminium, zinc, magnesium and calcium stearates

White

X

Bromothymol blue

Blue

X

Bromocresol green

Green

X

Field of application

In column 3 of this Schedule, the entry “x” in a sub-column means that the colouring agent must not be used other than as follows–

  • Sub-column 1

    Colouring agents allowed in all cosmetic products;

  • Sub-column 2

    Colouring agents allowed in all cosmetic products except those intended to be applied in the vicinity of the eyes, in particular eye make-up and eye make-up remover;

  • Sub-column 3

    Colouring agents allowed exclusively in cosmetic products intended not to come into contact with the mucous membranes;

  • Sub-column 4

    Colouring agents allowed exclusively in cosmetic products intended to come into contact only briefly with the skin.

PART IIColouring agents listed in Annex IV Part 2 of the directive as colouring agents provisonally allowed for use in cosmetic products

Column 1

Column 2

Column 3

Column 4

Column 5

Name or colour index number

Colour

Type of product Field of application

Other requirements

Authorization valid until

1

2

3

4

12700

Yellow

X

See also Part I

31.12.1987

13065

Yellow

X

See also Part I

31.12.1987

15800

Red

X

See also Part I

31.12.1988

19120

Yellow

X

31.12.1988

20470

Black

X

See also Part I

31.12.1988

21110

Orange

X

Maximum 3,3'–dichloro-benzidine concentration in the colouring agent: 5 ppm

31.12.1987

21115

Orange

X

as immediately above

31.12.1988

26100

Red

X

31.12.1988

42045

Blue

X

See also Part I

31.12.1988

42170

Green

X

See also Part I

31.12.1988

42535

Violet

X

31.12.1987

44025

Green

X

31.12.1987

44045

Blue

X

See also Part I

31.12.1987

45190

Violet

X

See also Part I

31.12.1988

47000

Yellow

X

See also Part I

31.12.1988

61554

Blue

X

Only in hair-care preparations in a maximum concentration of 50 ppm

31.12.1987

73312

Red

X

31.12.1987

73900

Violet

X

See also Part I

31.12.1987

73905

Red

X

31.12.1988

74180

Blue

X

See also Part I

31.12.1988

75660

Yellow

X

31.12.1988

Acid red 195

Red

X

31.12.1987

Field of application

In column 3 of this Schedule the entry “X” in a sub-column means that the columns agent must not be used other than as follows–

  • Sub-column 1

    Colouring agents allowed in all cosmetic products;

  • Sub-column 2

    Colouring agents allowed in all cosmetic products except those intended to be applied in the vicinity of the eyes, in particular eye make-up and eye make-up remover;

  • Sub-column 3

    Colouring agents allowed exclusively in cosmetic products intended not to come into contact with the mucous membranes;

  • Sub-column 4

    Colouring agents allowed exclusively in cosmetic products intended to come into contact only briefly with the skin.

SCHEDULE 4

Regulation 2(ff)

SCHEDULE 5PRESERVATIVES

Regulations 6(6) and 8(1)

In this Schedule, the matters specified in columns 3, 4, 5 and 6 which apply to a particular substance are those set out to the right of its name as mentioned in column 2; and the matters specified in columns 4, 5 and 6 which apply in any particular case are those set out to the right of the matter specified in column 3 which applies in that case. The substance may not be used or contained other than in the types of product specified in column 3. The concentration of the substance, when it is used as a preservative, in a product may not exceed the limit set out in column 4. Where a product is intended to be mixed with another product in specified proportions before use, the level of concentration shall be calculated by reference to the mixture. Other requirements are specified in column 5.

In column 4 of this Schedule, “A” indicates that the concentration of the substance in a product may exceed the limit set out in that column provided that–

(a)

the presence of any excess of the substance in a product over the concentration so set out is not for the primary purpose of inhibiting the development of micro-organisms; and

(b)

the purpose for which any such excess is present in the product is apparent from the labelling of the product.

In this Schedule–

“salts” means salts of the cations sodium, potassium, calcium, magnesium, ammonium and ethanolamines and of the anions chloride, bromide, sulphate and acetate;

“esters” means esters of methyl, ethyl, propyl, isopropyl, butyl, isobutyl and phenyl.

In column 4 of this Schedule, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.

All preservative substances containing formaldehyde or any substances named in this Schedule which release formaldehyde must be labelled with the warning “contains formaldehyde” when the concentration of formaldehyde in the final product exceeds 0.05 per cent.

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Reference Number

Name of substance

Purpose of substance or type of product

Maximum concentration of substance in product

Other requirements

Required information

1

Benzoic acid, its salts and esters

All products

0.5 per cent (acid) A

2

Propionic acid and its salts

All products

2 per cent (acid) A

3

Salicylic acid and its salts

All products

0.5 per cent (acid) A

Not to be used in preparations for children under three years of age except for shampoos

Not to be used for children under three years of age (Solely for products which might be used for children under three years of age and which remain in prolonged contact with the skin)

4

Sorbic acid (hexa–2,4–dienoic acid) and its salts

All products

0.6 per cent (acid) A

5

Formaldehyde and paraformaldehyde

Oral hygiene products

Other products (see also Part I of Schedule 2)

0.1 per cent (expressed as free formaldehyde)

0.2 per cent (expressed as free formaldehyde)

Not to be used in aerosol dispensers (sprays)

6

Hexachlorophene (INN)

All products

0.1 per cent

–Not to be used in products for children less than three years old or in personal hygiene products.

–Purity criterion: absence of 2,3,7,8–tetrachlorodibenzo–p–dioxin

Not to be used for children under three years of age.

Contains hexachlorophene

7

Biphenyl–2–ol (o–phenylphenol) and its salts

All products

0.2 per cent expressed as the phenol A

8

Pyrithione zinc (INN)

Products rinsed off after use

0.5 per cent A

Not to be used in oral hygiene products

9

Inorganic sulphites and hydrogen sulphites

All products

0.2 per cent Aexpressed as free SOd22

10

Sodium iodate

Products rinsed off after use

0.1 per cent

11

Chlorobutanol (INN)

All products

0.5 per cent

Not to be used in aerosol dispensers (sprays)

Contains chlorobutanol

12

4–Hydroxybenzoic acid and its salts and esters

All products

0.4 per cent (acid) for 1 ester, 0.8 per cent (acid) for mixtures of esters A

13

3–Acetyl–6–methylpyran–2,4 (3H)–dione (Dehydracetic acid) and its salts

All products

0.6 per cent (acid)

Not to be used in aerosol dispensers (sprays)

14

Formic acid

All products

0.5 per cent (acid) A

15

3,3'–Dibromo–4,4' –hexamethylene –dioxydibenzamidine (Dibromohexamidine) and its salts (including isethionate)

All products

0.1 per cent

16

Thiomersal (INN)

Eye make-up and eye make-up remover

0.007 per cent calculated as mercury. When mixed with other authorised mercury compounds total mercury concentration must not exceed 0.007 per cent

Contains thiomersal

17

Phenylmercuric salts (including borate)

Eye make-up and eye make-up remover

0.007 per cent calculated as mercury. When mixed with other authorised mercury compounds total mercury concentration must not exceed 0.007 per cent

Contains phenylmercuric compounds

18

Undec–10–enoic acid and its salts

All products

0.2 per cent (acid) A

See also Schedule 5, Part II, Item 8

19

Hexetidine (INN)

Rinse-off products only

0.1 per cent A

See also Schedule 5, Part II, Item 15

20

5–Bromo–5–nitro–1, 3–dioxane

Rinse-off products only

0.1 per cent

Avoid formation of nitrosamines

See Schedule 5, Part II, No. 7

21

Bronopol (INN)

All products

0.1 per cent A

Avoid formation of nitrosamines

22

2,4–Dichlorobenzyl alcohol

All products

0.15 per cent A

23

Triclocarban (INN)

All products

0.2 per cent A

Purity criteria:

3,3',4,4'–Tetrachloroazobenzene 1 ppm

3,3',4,4'–Tetrachloroazoxybenzene 1 ppm

24

4–Chloro–m–cresol

Not to be used in products intended to come into contact with mucous membranes

0.2 per cent A

25

Triclosan (INN)

All products

0.3 per cent A

26

4–Chloro–3,5–xylenol

All products

0.5 per cent A

27

3,3'–Bis(l–hydroxymethyl –2,5–dioxoimidazolidin–4–yl) –1,1'–methylenediurea (“Imidazolidinyl urea”)

All products

0.6 per cent A

28

Poly(l–hexamethylenebiguanide hydrochloride)

All products

0.3 per cent A

29

2–Phenoxyethanol

All products

1.0 per cent A

30

Hexamethylenetetramine (methenamine (INN))

All products

0.15 per cent A

31

Methenamine 3–chloroallylochloride (INNM)

All products

0.2 per cent

32

1–(4–Chlorophenoxy)–1 –(imidazol–l–yl)–3,3–di– methylbutan–2–one

All products

0.5 per cent A

33

1,3–Bis(hydroxymethyl)–5,5– dimethylimidazolidine–2,4–dione

All products

0.6 per cent A

34

Benzyl alcohol

All products (See also Schedule 2 Part I, No. 46)

1.0 per cent A

35

1–Hydroxy–4–methyl–6–(2,4,4– trimethylpentyl)–2–pyridone and its monoethanolamine salt

Rinse-off products only

For other products

1.0 per cent A

0.5 per cent A

36

1,2–Dibromo–2,4–dicyanobutane

All products

0.1 per cent

Not to be used in cosmetic sunscreen products

37

6,6–Dibromo–4,4–dichloro–2,2'– methylenediphenol (Bromochlorophen)

All products

0.1 per cent A

38

4–Isopropyl–m–cresol

All products

0.1 per cent

39

Mixture of 5–Chloro–2–methylisothiazol– 3(2H)–one and 2– methylisothiazol–3(2H)–one with magnesium chloride and magnesium nitrate

All products

0.003 per cent of a mixture in the ratio 3:1 of 5–chloro–2–methylisothiazol– 3(2H)–one and 2– methylisothiazol–3(2H)–one

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

a

b

c

d

e

f

Reference Number

Name of substance

Type of product

Maximum concentration of substance in product

Other limitations and requirements

Required informationConditions of use and warnings which must be printed on the label

Allowed until

1

Boric acid

(a)

Products for oral hygiene

(b)

Other products (see also Schedule 2 Part 1, No. 1)

0.5 per cent A

3.0 per cent A

31.12.1988

2

Chlorphenesin (INN)

All products

0.5 per cent A

31.12.1987

3

Dibromopropamidine (INN) and its salts (including isethionate (INN))

All products

0.1 per cent

31.12.1988

4

Alkyl (C12–C22) trimethyl–ammonium bromide and chloride (including Cetrimonium bromide (INN))

All products

0.1 per cent A

31.12.1988

5

3–Heptyl–2–(3–heptyl–4 methyl–4–thiazolin–2– ylidenemethyl)–4–methyl– thiazolinium iodide

Creams, toilet lotions and shampoos

0.002 per cent

31.12.1988

6

4,4–Dimethyl– 1,3–oxazolidine

Products rinsed off after use

0.1 per cent

The pH of the finished product shall not be lower than 6

31.12.1989

7

5–Bromo–5–nitro–1,3– dioxane

Non rinse-off products

0.1 per cent

Avoid formation of nitrosamines (See Schedule 5–Part I, No. 20)

31.12.1987

8

Undec–10–enoic acid: esters, the amide, the mono–and bis(2–hydroxethyl) amides and their sulphosuccinates

All products (See Schedule 5–Part I, No. 18)

0.2 per cent (acid) A

31.12.1987

9

Clorofene (INN)

All products

0.2 per cent

31.12.1987

10

2–Chloro–N– (hydroxymethyl) acetamide

Products rinsed off after use

0.3 per cent expressed as the chloracetamide

31.12.1987

11

1–Phenoxypropan–2–ol

Products rinsed off after use

1.0 per cent

For other uses see Schedule 2–Part II–No. 5

31.12.1987

12

Benzethonium chloride (INN)

Not to be used in products intended to come into contact with mucous membranes

0.1 per cent A

31.12.1988

13

Benzalkonium chloride (INN) bromide and saccharinate

All products

0.25 per cent A

31.12.1987

14

1–[1,3–Bis(hydroxymethyl)– 2,5– dioxoimidazolidin–4– yl] 1,3–bis(hydroxymethyl) urea

All products

0.5 per cent

31.12.1987

15

Hexetidine (INN)

All products (See also Schedule 5, Part I, No. 19)

0.1 per cent

31.12.1987

16

4–Hydroxybenzoic acid benzyl ester

All products

0.1 per cent (acid)

31.12.1988

17

Hexamidine (INN) and its salts (including isethionate and 4–hydroxybenzoate)

All products

0.1 per cent A

31.12.1988

18

Benzylformal (a 1:1 mixture of benzyloxymethanol and (benzyloxymethoxy) methanol)

All products

0.2 per cent

31.12.1987

19

2–Chloroacetamide

All products

0.3 per cent

Contains chloroacetamide

31.12.1987

20

Chlorhexidine (INN) and its digluconate, diacetate and dihydrochloride

All products

0.3 per cent A

31.12.1987

21

1,3,5–Tris(2–hydroxyethyl) hexahydro–1,3,5–triazine

Products rinsed off after use

0.2 per cent

Contains 1,3,5–Tris(2–hydroxyethyl) hexahydro–1,3,5 triazine

31.12.1988

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 1984 (“the Principal Regulations”) as amended by the Cosmetic Products (Safety) (Amendment) Regulations 1985, and implement Commission Directives No. 85/391/EEC (O.J. L224, 22.8.85, p. 40), No. 85/490/EEC (O.J. L295, 7.11.85, p. 30), No. 86/179/EEC (O.J. L138, 24.5.86 p. 40) and No. 86/199/EEC (O.J. L149, 3.6.86 p. 38) on cosmetic products, and as permitted by the Directives impose certain additional requirements on the composition of cosmetic products. The Regulations are made under the Consumer Protection Act 1987 and the European Communities Act 1972.

The main changes are–

(1)

the deletion of Schedules 3 and 4 of the principal Regulations and their replacement by the Schedule set out in Schedule 3 to these Regulations. The replacement Schedule lists colouring agents which are acceptable throughout the European Community and take account of the review of provisionally approved colourants undertaken to satisfy Article 5 of the Cosmetics Directive (76/768/EEC) (regulation 2(ee));

(2)

the replacement of Schedule 5 of the principal Regulations by the Schedule set out in Schedule 4 to the Regulations. The Schedule lists the preservatives which may be used in cosmetic products and takes account of the review of provisionally approved preservatives undertaken to satisfy Article 5 of the Cosmetics Directive (76/768/EEC) (regulation 2(ff));

(3)

the amendment of the wording of regulations 5(2) and 9(2) to make it clear that the controls over supply also apply to products exported to other member States of the European Economic Community (regulation 2(b) and (i));

(4)

the prohibition of the use of 2,3,7,8–tetrachlorodibenzo–p–dioxin, dimethoxane, pyrithione sodium and heightened versions of hydroquinone (regulation 2 (q) and (y));

(5)

the restriction of the use of selenium disulphide, aluminium zirconium hydroxides, quinolin–8–ol and bis (8–hydroxyquinolinium) sulphate, 2, 2' diothiobis (pyridine 1–oxide), addition product with magnesium sulphate trihydrate and 1–phenoxy-propan–2–ol and the modification of the restriction on the use of 1,3–Bis (Hydroxymethyl) imidazolidene–2–thione (regulation 2(aa) (bb) and (cc));

(6)

the specification of methods in certain cases for identifying and in all cases for determining the presence in cosmetic products of glycerol 1–(4 aminobenzoate);, chlorobutanol, quinine, inorganic sulphites and hydrogen sulphites, chlorates of the alkali metal and sodium iodate (regulation 2(hh)).