2003 No. 835
CONSUMER PROTECTION

The Cosmetic Products (Safety) Regulations 2003

Made
Laid before Parliament
Coming into force (except as provided in regulation 1(2))
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 19871, consulted such organisations as appear to her to be representative of interests substantially affected by these Regulations, such other persons as she 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 the powers conferred on her by sections 11, 28 and 30 of the 1987 Act and by section 2(2) of the 1972 Act, hereby makes the following Regulations—

Citation and commencement

1.

(1)

These Regulations may be cited as the Cosmetic Products (Safety) Regulations 2003 and shall come into force on 15th April 2003 other than the provisions referred to in paragraph (2) below.

(2)

The following provisions of these Regulations shall come into force on 15th April 2004—

(a)

in Schedule 3, substance number 634 in Part I as amended and Part II in its entirety;

(b)

in Schedule 4, substance numbers 8, 15b, 15c, 16 and 66 in Part I as amended and Part II in its entirety; and

(c)

in Schedule 7, substance numbers 26 and 27 in Part I.

Revocation

2.

The Regulations set out in Schedule 1 are hereby revoked, save that they continue to apply to the following substances until 15th April 2004—

(a)

substance number 631 in Schedule 1 to the Cosmetic Products (Safety) Regulations 19964; and

(b)

substance numbers 8, 15b, 15c and 16 in Part I of Schedule 2 to those Regulations5.

Interpretation

3.

(1)

In these Regulations—

“agent” means an agent established within the Community appointed by a manufacturer of a cosmetic product to act on his behalf in relation to these Regulations;

“common ingredients nomenclature” means the labelling nomenclature designated in the inventory of ingredients employed in cosmetic products, drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC6, as amended or substituted from time to time;

“the Community” means the European Community and other States in the European Economic Area;

“the Confidentiality Directive” means Commission Directive 95/17/EC7;

“cosmetic ingredient” means any chemical substance or preparation of synthetic or natural origin, except for perfume and aromatic compositions, used in the composition of a cosmetic product;

“cosmetic product” means any substance or preparation intended to be placed in contact with any part of the external surfaces of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours except where such cleaning, perfuming, protecting, changing, keeping or correcting is wholly for the purpose of treating or preventing disease;

“cosmetic product intended to come into contact with the mucous membranes” means a cosmetic product intended to be applied in the vicinity of the eyes, on the lips, in the oral cavity or to the external genital organs, and does not include any cosmetic product which is intended to come into only brief contact with the skin;

“the Directive” means Council Directive 76/768/EEC8 as amended by the Community instruments set out in Schedule 2;
EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 19939;

“market research experiment” means any activities conducted for the purpose of ascertaining the opinion of persons of—

(a)

any cosmetic product;

(b)

anything in, on or with which the cosmetic product is supplied;

(c)

the appearance or any other characteristic of the cosmetic product or any such thing; or

(d)

the name or description under which the cosmetic product is supplied;

but a cosmetic product is not the subject of a market research experiment unless—

  1. (i)

    any person to whom a cosmetic product is supplied in the course of the experiment is informed, at or before the time at which it is supplied to him, that it is supplied for the purpose of a market research experiment; and

  2. (ii)

    no consideration in money or money’s worth is given by such a person for the cosmetic product or any other cosmetic product supplied to him for comparison;

“Member State” means a State which is a Contracting Party to the EEA Agreement;

“preservative” means a substance which is added to a cosmetic product for the primary purpose of inhibiting the development of micro-organisms in that product;

“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly; and

UV filter” means a substance which is added to a sunscreen cosmetic product for the primary purpose of filtering ultra violet rays for the purpose of protecting the epidermis of the user from harmful effects of such ultra violet rays.

(2)

Unless the contrary intention appears, references in these Regulations to a numbered regulation or Schedule are references to the regulation or Schedule so numbered in these Regulations.

General requirements

4.

(1)

Subject to paragraph (2) below, no person shall supply any cosmetic product which is liable to cause damage to human health when it is applied under—

(a)

normal conditions of use; or

(b)

conditions of use which are reasonably foreseeable taking into account all the circumstances, including the cosmetic product’s presentation, labelling, any instructions for its use and disposal and any other information or indication provided by the manufacturer, his agent or the person who supplies the cosmetic product on the first occasion that it is supplied in the Community.

(2)

Paragraph (1) above shall apply only to the supply by the manufacturer in or importer into the United Kingdom or, in the case of cosmetic products manufactured or imported into the United Kingdom on behalf of another person, by that other person.

(3)

The provision of any instructions, information or indication referred to in sub-paragraph (b) of paragraph (1) above shall not exempt any person from the obligation to comply with any other provisions of these Regulations which are applicable to him.

Particular requirements

5.

(1)

The following provisions of this regulation are without prejudice to regulation 4 and are subject to regulation 6.

(2)

No person shall supply a cosmetic product which contains—

(a)

any substance listed in column 2 of Part I of Schedule 3 which is used other than as a fragrance ingredient in relation to a cosmetic product, provided that no account shall be taken of any such substance which is present only as a trace which could not reasonably have been removed during or after manufacture;

(b)

any substance listed in column 2 of Part II of Schedule 3 which is used as a fragrance ingredient in relation to a cosmetic product, provided that no account shall be taken of any such substance which is present only as a trace which could not reasonably have been removed during or after manufacture;

(c)

any substance listed in column 2 of Schedule 4, unless the requirements in columns 3, 4, 5 and (in the case of Part II) 7 of that Schedule in relation to that substance are satisfied;

(d)

any colouring agent listed in columns 1 and 2 of Schedule 5 with the exception of a cosmetic product containing a colouring agent intended solely to colour hair 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 was supplied on or before the date specified in column 5 of that Part;

(e)

any colouring agent which is not listed in Schedule 5 with the exception of a cosmetic product containing a colouring agent intended solely to colour hair;

(f)

any preservative listed in column 2 of Schedule 6 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)

any preservative which is not listed in Schedule 6;

(h)

any preservative listed in column 2 of Part II of Schedule 6 after the date specified in column 7 of that Part;

(i)

any UV filter listed in column 2 of Schedule 7 unless—

(i)

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

(ii)

the requirements in columns 3 and 4 of Part II of that Schedule in relation to that UV filter are satisfied and the UV filter in question is supplied on or before the date specified in column 6 of that Part; or

(j)

any UV filter which is not listed in Schedule 7.

(3)

Subject to paragraphs (4) to (6) below, no person shall supply a cosmetic product which contains any of the substances designated as a specified risk material in Annex V to Regulation (EC) No. 999/2001 of the European Parliament and of the Council10, or any ingredient derived from any of those substances.

(4)

For the purposes of paragraph (3) above, no account shall be taken of any substance referred to in that paragraph which is present in the cosmetic product only as a trace which could not reasonably have been removed during or after manufacture.

(5)

Paragraph (3) above shall not prohibit the supply of a cosmetic product which contains any tallow derivative so long as the relevant method set out in Schedule 8 was used in the manufacture of that derivative and the manufacturer of the derivative has certified that that method was used in its manufacture.

(6)

Paragraph (3) above shall not prohibit the supply of any cosmetic product which contains any substance or ingredient referred to in that paragraph but which was manufactured before 1st April 1998.

(7)

No person shall supply a cosmetic product which contains any ingredients or combinations of ingredients which are tested on animals where such testing took place after 30th June 2002 and was undertaken in order that the cosmetic product may satisfy any requirements of these Regulations.

(8)

Any reference to testing on animals in the labelling, putting up for sale or advertising of a cosmetic product must state clearly whether the tests carried out involved the cosmetic product itself or its ingredients.

(9)

No person shall supply any cosmetic product in respect of which the requirements of paragraph (8) above are not satisfied.

Authorisation by the Secretary of State

6.

(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 referred to in regulation 5(3) or a substance listed in Schedule 3 or 4.

(2)

In giving an authorisation the Secretary of State may impose conditions relating to the use of a particular substance in a cosmetic product, and such conditions may relate 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 marking requirements.

(3)

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

(4)

On giving, varying or revoking an authorisation, the Secretary of State shall arrange for the authorisation, variation or revocation, as the case may be, to be published in such manner as she considers appropriate for bringing it to the attention of persons who, in her opinion, would be likely to have an interest in it.

(5)

No person shall be convicted of an offence under section 12 of the 1987 Act by reason of a cosmetic product containing a particular substance provided that at the time when but for this regulation an offence would have been committed—

(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.

Marking

7.

(1)

Subject to paragraphs (5)(b) and (9) to (12) below, no person shall supply a cosmetic product unless the packaging in which it is supplied bears, in lettering which is visible, indelible and easily legible, a list of its cosmetic ingredients (preceded by the word “ingredients”) in descending order of weight, the weight to be determined at the time the ingredients are added to the product.

(2)

Subject to paragraphs (3), (4), (5)(a), (6) to (8), (13) and (14) below, no person shall supply a cosmetic product unless the container and packaging in which it is supplied bear the following particulars in lettering which is visible, indelible and easily legible—

(a)

the name or trade name and the address or registered office of the manufacturer of the product or of the supplier thereof, being a manufacturer or supplier established within a Member State of the Community;

(b)

in the case of a cosmetic product likely within 30 months from the manufacture thereof to cease either to comply with the requirements of regulation 4 or to fulfil the purpose for which it was intended, the words “Best before…” immediately followed by—

(i)

the earliest date on which it is likely to so cease; or

(ii)

an indication of where that date appears on the labelling,

and any particular precautions to be observed to ensure that the product does not so cease before that date;

(c)

in the case of a cosmetic product containing a substance listed in column 2 of Schedule 4, the information specified in column 6 of that Schedule in relation to that substance;

(d)

in the case of a cosmetic product containing a preservative listed in column 2 of Schedule 6, the information specified in column 6 of that Schedule in relation to that preservative;

(e)

in the case of a cosmetic product containing a UV filter listed in column 2 of Schedule 7, the information specified in column 5 of that Schedule in relation to that UV filter;

(f)

any particular precautions to be observed in use and any special precautionary information on a cosmetic product for professional use, in particular in hairdressing (not being precautions included in the information referred to in sub-paragraphs (b), (c), (d) and (e) above);

(g)

a means of identifying the batch in which the product was manufactured (or, if the product was not manufactured in a batch, a reference from which the date and place of manufacture can be identified); and

(h)

the function of the product unless this is clear from its presentation;

Provided that the requirements specified in sub-paragraphs (b) and (g) above need not be complied with in relation to a cosmetic product which is the subject of a market research experiment.

(3)

The particulars referred to in paragraph (2)(a) above may be abbreviated if such abbreviation does not prevent the person concerned from being identified.

(4)

The date referred to in paragraph (2)(b) above shall include the month and the year, and the month shall precede the year.

(5)

The particulars referred to—

(a)

in paragraph (2)(b) to (f) and (h) above shall be in English, but this shall not prohibit the additional use of other languages;

(b)

in paragraph (1) above shall be in language easily understood by the consumer.

(6)

Where it is impossible for practical reasons for the particulars referred to in paragraph (2)(c) to (f) above to appear on the container and packaging, they shall appear on a leaflet, label, tag, tape or card enclosed with the cosmetic product, to which the consumer is referred either by abbreviated information or by the symbol given in Schedule 9, which must appear on the container and packaging; and where it is impracticable for reasons of size or shape for the particulars so to appear, they shall appear on a label, tag, tape or card attached to the product.

(7)

Where it is impossible, for reasons of size, for the particulars referred to in paragraph (2)(g) above to appear on the container and packaging, the said particulars shall appear on the packaging.

(8)

In the case of a supply of soap which is not in a container, either the soap itself or the packaging in which it is exposed for supply or the container in which it was last contained before the supply shall bear the particulars referred to in paragraph (2)(a) and (g) above, and in so far as any of the particulars referred to in paragraph (2)(b) to (f) and (h) above are required they shall appear on a leaflet which shall be delivered to the buyer with the soap; and where either of the particulars referred to in paragraph (2)(a) and (g) above appears on the soap itself the requirement of indelibility shall apply only until it has been put into use.

(9)

In relation to the compilation of the list of ingredients referred to in paragraph (1) above—

(a)

the following shall not be regarded as cosmetic ingredients—

(i)

impurities in the raw materials used;

(ii)

subsidiary technical materials used in the preparation of the cosmetic product but not present in the final product;

(iii)

materials used in strictly necessary quantities as solvents or as carriers for perfumes and aromatic compositions;

(b)

perfume and aromatic compositions and their raw materials shall be referred to by the words “perfume” or “flavour”;

(c)

ingredients in concentrations of less than 1 per cent may be listed in any order after those in concentrations of 1 per cent or more;

(d)

colouring agents may be listed in any order after the other ingredients, in accordance with the colour index number or denomination found in Schedule 5;

(e)

for decorative cosmetic products marketed in several colour shades, all colouring agents used in the range may be listed, provided that the words “may contain” are added; and

(f)

an ingredient shall be identified by the name provided for in the International Nomenclature of Cosmetic Ingredients (INCI) or, in the absence of such identification, by its chemical name, its CTFA name, its European Pharmacopoeia name, its International Non-proprietary Name (INN) as recommended by the World Health Organization, its EINECS, IUPAC or CAS identification reference or its colour index number11.

(10)

Subject to paragraph (11) below, where a cosmetic product has no packaging or it is impossible for practical reasons for the list of ingredients referred to in paragraph (1) above to appear on the packaging, the list shall appear on the container; and where a cosmetic product is supplied or delivered pursuant to any supply in neither a container nor packaging, the list shall appear on the container in which the product is exposed for supply or a notice in immediate proximity to that container.

(11)

Subject to paragraph (12) below, where it is impossible for practical reasons for the list of ingredients referred to in paragraph (1) above to appear on the packaging or container of a cosmetic product, it shall appear on a leaflet, label, tag, tape or card enclosed with the product, to which the consumer is referred either by abbreviated information or by the symbol given in Schedule 9, which must appear on the packaging; and where it is impracticable for reasons of size or shape for the list so to appear, it shall appear on a label, tag, tape or card attached to the cosmetic product.

(12)

In the case of soap, bathballs and other small products, where it is impracticable for reasons of size or shape for the list of ingredients referred to in paragraph (1) above to appear on an enclosed leaflet or on a label, tag, tape or card enclosed with or attached to the product, it shall appear on a notice in immediate proximity to the container in which the cosmetic product is exposed for sale.

(13)

Where two or more cosmetic products are supplied together as a single item, each product being in a separate container and the containers being enclosed together in packaging which bears clear and conspicuous instructions to the effect that the products must be mixed together in specified proportions before use, the particulars referred to in paragraph (2)(c) to (f) above shall appear on an enclosed leaflet and an indication shall appear on both the containers and on the packaging referring the consumer to the information in the leaflet.

(14)

Where a cosmetic product other than soap is supplied or delivered pursuant to a supply in neither a container nor packaging, the particulars referred to in paragraph (2) above shall appear on the container in which the product is exposed for supply or a notice in immediate proximity to that container.

Responsible Persons and Competent Authorities

8.

(1)

For the purposes of regulations 9 (except regulation 9(3) and (4)), 10, 11 and 12—

(a)

“responsible person” means, in relation to a relevant cosmetic product,

(i)

the manufacturer of that product;

(ii)

the manufacturer’s agent;

(iii)

the person to whose order that cosmetic product is manufactured; or

(iv)

where the manufacturer or the person to whose order the cosmetic product is manufactured is not established in the Community and either—

(aa)

the manufacturer has not appointed an agent; or

(bb)

the manufacturer’s agent is not the supplier of that cosmetic product,

the person who first supplies the cosmetic product in the Community;

(b)

“competent authority” means a body responsible for requiring and receiving the information provided for in Articles 7.3, 7a.1 and 7a.4 of the Directive and granting and refusing requests for confidentiality pursuant to Article 4 of the Confidentiality Directive, and which is—

(i)

a United Kingdom competent authority pursuant to paragraph (2) below; or

(ii)

for the time being a competent authority of a Member State other than the United Kingdom, having been notified as a competent authority by the Member State concerned to the Commission pursuant to Articles 7.3 and 7a.5 of the Directive and Article 10 of the Confidentiality Directive.

(2)

The United Kingdom competent authority shall be the Secretary of State provided that she may from time to time appoint such persons as she thinks fit to be a United Kingdom competent authority in addition to or in substitution for herself.

Product Information

9.

(1)

Subject to paragraph (6) below, where a cosmetic product is manufactured or supplied in the United Kingdom a responsible person shall for control purposes keep readily accessible to a United Kingdom competent authority at the address or registered office specified on the container or packaging of the cosmetic product in accordance with regulation 7(2)(a) above the following information—

(a)

the qualitative and quantitative composition of the product, except to the extent that the product is composed of any perfume or perfume composition, in which case the responsible person shall only be required to keep the name and code number of the perfume or perfume composition and the identity of the supplier;

(b)

the physico-chemical and microbiological specifications of the raw materials and the finished product and the purity and microbiological control criteria of the cosmetic product;

(c)

the method of manufacture which shall be in accordance with good manufacturing practice, that is to say that the cosmetic product shall be manufactured in such a way that under normal and reasonably foreseeable conditions of use it shall not endanger human health or safety;

(d)

assessment of the safety for human health of the finished product taking into consideration the general toxicological profile of each ingredient used, its chemical structure and its level of exposure;

(e)

the name and address of the person or persons, qualified in accordance with paragraph (3) below, responsible for the assessment referred to in sub-paragraph (d) above;

(f)

existing data on undesirable effects on human health resulting from use of the cosmetic product; and

(g)

proof of the effect claimed for the cosmetic product, where justified by the nature of the effect or product.

(2)

The assessment referred to in paragraph (1)(d) above shall be carried out in accordance with the principles of good laboratory practice referred to in Article 1 of Council Directive 87/18/EEC12 on the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances.

(3)

The person referred to in paragraph (1)(e) above must be—

(a)

subject to paragraph (4) below, the holder of an appropriate European diploma within the meaning of section 4A of the Pharmacy Act 195413 or any other person who has the right, granted by a competent authority in a Member State, to take up and pursue the activities of a pharmaceutical chemist;

(b)

subject to paragraph (4) below, a person who is entitled to be registered under section 3(1) of the Medical Act 198314 as a fully registered medical practitioner and who has the right, granted by a competent authority in a Member State, to take up and pursue the activities of a doctor; or

(c)

the holder of a diploma within the meaning of regulation 2(1) of the European Communities (Recognition of Professional Qualifications) Regulations 199115 showing that the holder has the qualifications required to practise as a chartered biologist or that he has the qualifications required to practise as a chartered chemist or that he has the qualifications required to practise a profession equivalent to the profession of chartered biologist or chartered chemist in a Member State other than the United Kingdom.

(4)

Any diploma or other evidence of qualification required for the purposes of paragraph (3)(a) or (b) above shall satisfy that requirement only if—

(a)

the education and training attested were received mainly within the European Community; or

(b)

the holder has spent at least three years in lawful pursuit in a Member State of the relevant profession, and such professional experience has been certified by a competent authority in a Member State (being a State which recognised a diploma or other evidence of qualification obtained in a non-Member State).

(5)

Where the responsible person is the manufacturer or the person who first imports the cosmetic product into the Community he must possess appropriate experience or an appropriate level of professional qualification in accordance with the legislation and practice of the United Kingdom if it is the place of manufacture or first importation.

(6)

Where the manufacturer manufactures a cosmetic product at two or more places within the Community, and one of those places is within the United Kingdom, the responsible person may choose a single place of manufacture within the Community where the information referred to in paragraph (1) above will be kept available, provided that, if requested by a United Kingdom competent authority, he informs the said authority of the location at which the said information is to be kept.

(7)

Where the information referred to in paragraph (1) above is to be kept accessible to a United Kingdom competent authority it must be in English or a language readily understood by the said authority.

10.

Where the place of manufacture or initial importation into the Community of a type of cosmetic product is within the United Kingdom, the responsible person shall notify a United Kingdom competent authority of the address of the place of manufacture or, as the case may be, initial importation into the Community of that type of cosmetic product before its first supply in the Community.

11.

(1)

A United Kingdom competent authority may, where difficulties are encountered in providing prompt and appropriate medical treatment, require that any holder of appropriate and adequate information on substances used in cosmetic products make such information available to it, where the difficulties referred to may be overcome or eased by the provision of the said information.

(2)

Where the information referred to in paragraph (1) above is made available, the United Kingdom competent authority shall ensure that it is used solely for the purposes of the treatment referred to in paragraph (1) above.

12.

(1)

Without prejudice to the provisions of regulations 4, 5, 9 and 11, a responsible person who for reasons of trade secrecy wishes not to include one or more cosmetic ingredients in the list of cosmetic ingredients referred to in regulation 7(1) above shall submit a request to that effect to the competent authority.

(2)

In this regulation, “applicant” means a responsible person who submits a request for confidentiality.

(3)

The applicant shall ensure that—

(a)

the request for confidentiality includes the particulars laid down in Part I of Schedule 10; and

(b)

any amendments to the particulars provided for in sub-paragraph (a) above are communicated as quickly as possible to the competent authority and, in particular, that all changes to the names of cosmetic products containing the cosmetic ingredient in respect of which confidentiality is or has been sought, are communicated to the competent authority at least 15 days before those cosmetic products are supplied under their new name.

(4)

Within four months of the receipt of a request for confidentiality in respect of which the requirements of paragraph (3)(a) above are satisfied, the competent authority shall examine the request and inform the applicant in writing of its decision.

(5)

If the competent authority decides to grant its approval to the applicant’s request it shall, in notifying the applicant of its decision, in accordance with paragraph (4) above, also notify him of the registration number which will replace the cosmetic ingredient in question in the list referred to in regulation 7(1), the said number to be allocated to the product in accordance with the procedure provided for in Part II of Schedule 10.

(6)

If the competent authority decides to refuse to grant its approval to the applicant’s request it shall, in its notification of this refusal, include a statement of the reasons for refusal and a clear explanation of appeals procedures and their time limits.

(7)

In exceptional cases the competent authority may inform the applicant in writing that a period of two months in addition to the four-month period referred to in paragraph (4) above is required for the examination of the request.

(8)

Subject to paragraphs (9), (10), (11) and (12) below, a decision granting confidentiality shall be valid for a period of five years.

(9)

An applicant may, by submitting a reasoned request to the competent authority, request that the period of confidentiality referred to in paragraph (8) above be extended.

(10)

In the event of a reasoned request being submitted in accordance with paragraph (9) above, the competent authority shall deal with the request in accordance with paragraphs (4), (5) and (6) above.

(11)

Any extension of the period of confidentiality shall not exceed three years.

(12)

The competent authority may withdraw its approval to an applicant’s request for confidentiality if it considers this appropriate taking into account—

(a)

any amendments to the particulars provided for in paragraph (3)(a) above which are communicated to it in accordance with paragraph (3)(b) above; and

(b)

any new information which comes to its attention which makes it imperative, particularly for compelling reasons of public health, for it to so act,

and in withdrawing its approval the competent authority shall comply with the provisions of paragraphs (4), (6) and (7) above.

Contravention of regulation 9, 10 or 11

13.

(1)

Subject to paragraph (2) below, any contravention of a requirement of regulation 9, 10 or 11 shall be treated for all purposes as though it were a contravention of a requirement of safety regulations made under section 11 of the 1987 Act.

(2)

The term of imprisonment to which a person guilty of an offence of contravening any requirement of regulation 9, 10 or 11 shall be liable on summary conviction shall not exceed three months.

Enforcement

14.

(1)

No proceedings shall be brought and no enforcement action taken in respect of—

(a)

any failure to comply with regulations 4, 5, 7, 9, 10 and 11 in any case in which the cosmetic product is supplied for the purposes of exporting that product to any country which is not a Member State; or

(b)

any failure to comply with regulation 7(5)(a) in any case in which the enforcement authority is satisfied that the person supplying the cosmetic product reasonably believes that it will not be used in the United Kingdom.

(2)

No proceedings shall be brought and no enforcement action taken in respect of any failure to comply with regulations 5(8), 5(9), 7(1), 7(2)(h), 7(5)(a) (in so far as it relates only to regulation 7(2)(h)), 7(5)(b), 7(6), 7(7) or 7(9) to (12) in the case of—

(a)

any supply of a cosmetic product before 31st December 1997 by the manufacturer in or importer into the United Kingdom or, in relation to a cosmetic product manufactured or imported into the United Kingdom on behalf of another person, by that other person, except for a supply by retail in which case no proceedings shall be brought and no enforcement action taken in respect of a supply before 31st December 1998; or

(b)

any other supply of a cosmetic product before 31st December 1998.

(3)

For the purposes of this regulation, “enforcement action” means any action taken pursuant to or in connection with sections 13, 14, 16, 17, 28, 29, 30 or 31 of the 1987 Act.

15.

Any test of goods purchased under section 28 or seized under section 29 of the 1987 Act (which relate to enforcement) by or on behalf of an enforcement authority for the purpose of ascertaining whether the provisions of these Regulations have been contravened shall in all cases be carried out in accordance with the provisions of paragraphs 2 to 5 of Schedule 11 and any test for which a method is specified in paragraph 6 of Schedule 11 shall be carried out in accordance with that method.

Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry

SCHEDULE 1REVOCATIONS

Regulation 2

(1)

(2)

Regulations revoked

References

The Cosmetic Products (Safety) Regulations 1996

S.I. 1996/2925

The Cosmetic Products (Safety) (Amendment) Regulations 1997

S.I. 1997/2914

The Cosmetic Products (Safety) (Amendment) Regulations 1998

S.I. 1998/1727

The Cosmetic Products (Safety) (Amendment) Regulations 1999

S.I. 1999/1552

The Cosmetic Products (Safety) (Amendment) Regulations 2000

S.I. 2000/1679

The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2000

S.I. 2000/2765

SCHEDULE 2COMMUNITY INSTRUMENTS AMENDING COUNCIL DIRECTIVE76/768/EEC

Regulation 3(1)

1.

Council Directive 82/368/EEC (O.J. No. L167, 15.6.82, p. 1).

2.

Commission Directive 82/147/EEC (O.J. No. L63, 6.3.82, p. 26).

3.

Commission Directive 83/191/EEC (O.J. No. L109, 26.4.83, p. 25).

4.

Commission Directive 83/341/EEC (O.J. No. L188, 13.7.83, p. 15).

5.

Council Directive 83/574/EEC (O.J. No. L332, 28.11.83, p. 38).

6.

Commission Directive 83/496/EEC (O.J. No. L275, 8.10.83, p. 20).

7.

Commission Directive 84/415/EEC (O.J. No. L228, 25.8.84, p. 31).

8.

Commission Directive 85/391/EEC (O.J. No. L224, 22.8.85, p. 40).

9.

Commission Directive 86/179/EEC (O.J. No. L138, 24.5.86, p. 40).

10.

Commission Directive 86/199/EEC (O.J. No. L149, 3.6.86, p. 38).

11.

Commission Directive 87/137/EEC (O.J. No. L56, 26.2.87, p. 20).

12.

Commission Directive 88/233/EEC (O.J. No. L105, 26.4.88, p. 11).

13.

Council Directive 88/667/EEC (O.J. No. L382, 31.12.88, p. 46).

14.

Commission Directive 89/174/EEC (O.J. No. L64, 8.3.89, p. 10).

15.

Council Directive 89/679/EEC (O.J. No. L398, 30.12.89, p. 25).

16.

Commission Directive 90/121/EEC (O.J. No. L71, 17.3.90, p. 40).

17.

Commission Directive 91/184/EEC (O.J. No. L91, 12.4.91, p. 59).

18.

Commission Directive 92/8/EEC (O.J. No. L70, 17.3.92, p. 23).

19.

Commission Directive 92/86/EEC (O.J. No. L325, 11.11.92, p. 18).

20.

Commission Directive 93/47/EEC (O.J. No. L203, 13.8.93, p. 24).

21.

Council Directive 93/35/EEC (O.J. No. L151, 23.6.93, p. 32).

22.

Commission Directive 94/32/EC (O.J. No. L181, 15.7.94, p. 31).

23.

Commission Directive 95/34/EC (O.J. No. L167, 18.7.95, p. 19).

24.

Commission Directive 96/41/EC (O.J. No. L198, 8.8.96, p. 36).

25.

Commission Directive 97/18/EC (O.J. No. L114, 1.5.97, p. 43).

26.

Commission Directive 97/45/EC (O.J. No. L196, 24.7.97, p. 77).

27.

Commission Directive 98/16/EC (O.J. No. L77, 14.3.98, p. 44).

28.

Commission Directive 98/62/EC (O.J. No. L253, 15.9.98, p. 20).

29.

Commission Directive 2000/6/EC (O.J. No. L56, 1.3.00, p. 42).

30.

Commission Directive 2000/11/EC (O.J. No. L65, 14.3.00, p. 22).

31.

Commission Directive 2000/41/EC (O.J. No. L145, 20.6.00, p. 25).

32.

Commission Directive 2002/34/EC (O.J. No. L102, 18.4.02, p. 19).

33.

Commission Directive 2003/1/EC (O.J. No. L5, 10.1.03, p. 14).

34.

Commission Directive 2003/16/EC (O.J. No. L46, 20.2.03, p. 24).

SCHEDULE 3LIST OF SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN

Regulations 5(2) and 6(1)

The alphabetical list set out in column 2 of this Schedule contains one or more of the names of each of the substances referred to in regulation 5(2); in certain cases a name is given of a group of substances, the names of particular examples of which are also given, and in such a case all substances comprised in the group are included, whether or not more specifically named.

The numbers given in columns 1, 3 and 4 are for information only. Those in column 3 are cross-references to other names listed for the same substances (except that where a name is that of a group of substances, the cross-references are to particular examples of that group, and any cross-reference in parenthesis is to the name of a group of substances within which the particular substance falls). Those in column 4 are cross-references to Annex II of the Directive, from which this Schedule is derived.

PART ISUBSTANCES PROHIBITED WHEN USED OTHER THAN AS A FRAGRANCE INGREDIENT

(1)

(2)

(3)

(4)

Number in this Schedule

Name of substance

Cross-reference to this Schedule

Cross-reference to Annex II of the Directive

1

Acenocoumarol (INN)

397

254

2

Acetonitrile

393

3

3-(α-Acetonylbenzyl)-4-hydroxycoumarin and its salts

399, 762

203

4

2-Acetoxyethyltrimethylammonium hydroxide and its salts

6

2

5

2-Acetylamino-5-chlorobenzoxazole

163

1

6

Acetylcholine and its salts

4

2

7

Acetylene chlorides

250, 759

126

8

Acetylenic alcohols, their esters, ethers and salts

17

16

9

Acetylethyltetramethyltetralin (AETT)

342

362

10

7α-Acetylthio-3-oxopregn-4-ene-17α,17β-propionolactone

652

4

11

Aconitine and its salts

12

12

Aconitum napellus L. (leaves, roots and galenical preparations)

11

13

Adonis vernalis L. and its preparations

13

14

Adrenaline

270. 315

14

15

Alkali pentacyanonitrosylferrate(2-)

605-6, 647-8,

255

16

O-Alkyldithiocarbonic acids, salts of

763

336

17

Alkyne alcohols, their esters, ethers and salts

8

16

18

Alloclamide (INN) and its salts

22

19

19

Allyl isothiocyanate

18

20

2-(4-Allyl-2-methoxyphenoxy)-N,N-diethylacetamide and its salts

224

21

N-Allylnormorphine, its salts and ethers

494

20

22

2-Allyloxy-4-chloro-N-[2-(diethylamino)-ethyl]benzamide and its salts

18

19

23

Alypine and its salts

45, 107

143

24

Ambenonium chloride (INN)

(529)

132

25

4-(or p-)Aminobenzoic acid esters

167

26

2-Amino-1,2-bis(4-methoxyphenyl)ethanol and its salts

29

27

Aminocaproic acid (INN) and its salts

31

7

28

2-Amino-5-chlorobenzoxazole

769

24

29

4-Amino-N-(2-diethylaniaminoethyl)benzamide, its salts and derivatives

610

25

30

Aminoheptane, its isomers and salts

751

25

31

6-Aminohexanoic acid and its salts

27

7

32

α-(Aminomethyl)-3,4-dihydroxybenzyl alcohol and its salts

519-520

257

33

4-Amino-N10-methylfolic acid

452

6

34

2-Amino-6-methylheptane and its salts

288, 525

28

35

2-Amino-4-methylhexane and its salts

289, 471

30

36

2-Amino-4-nitrophenol

383

37

2-Amino-5-nitrophenol

384

38

4-Amino-2-nitrophenol

412

39

4-(or p-)Aminosalicylic acid and its salts

31

40

Aminotoluenes, their isomers, salts and halogenated and sulphonated derivatives

719

32

41

Aminoxylenes, their isomers, salts and halogenated and sulphonated derivatives

765

33

42

Amitriptyline (INN) and its salts

284

146

43

Ammi majus and its galenical preparations

35

44

Amphetamine (INN), its salts and derivatives and salts of those derivatives

(681)

21

45

Amydricaine and its salts

23, 107

143

46

Amylene chloride

251

36

47

Amyl 4-dimethylaminobenzoate, mixed isomers

534

381

48

Amyl nitrites

247

49

Amylobarbitone and its salts

(69)

220

50

Amylocaine and its salts

282

50

51

Anamirta cocculus L. (fruit)

106

52

Substances with androgenic effect

37

53

Aniline, its salts and halogenated and sulphonated derivatives

22

54

Anthracene oil

38

55

Anti-androgens with steroid structure

390

56

Antibiotics

39

57

Antimony and its compounds

40

58

Apocynum cannabinum L. and its preparations

41

59

Apomorphine and its salts

697

42

60

Apronalide

420

216

61

Arecoline

482

238

62

Aristolochic acid and its salts

365

63

Arsenic and its preparations

43

64

Atropa belladonna L. and its preparations

44

65

Atropine, its salts and derivatives

45

66

Azacyclonol (INN) and its salts

305

286

67

Azamethonium bromide (INN)

(473)

121

68

Barbitone and its salts

(69)

220

69

Barbiturates

various

220

70

Barium salts (except barium sulphate, barium sulphide under the condition laid down in Part I of Schedule 4 for alkaline earth sulphides, and lakes, salts and pigments prepared from those colouring agents identified in column 1 of Schedule 5 by “*” immediately after the name or colour index number)

46

71

Bemegride (INN) and its salts

337, 338

183

72

Benactyzine (INN)

258

157

73

Bendrofluazide and its derivatives

74, 89

53

74

Bendroflumethiazide (INN) and its derivatives

73, 89

53

75

Benzamine and its salts

744

51

76

Benzatropine (INN) and its salts

301

158

77

Benzazepines, their salts and derivatives

88

49

78

Benzene

47

79

Benzene-1,2-diol

152, 630

408

80

Benzene-1,2,3-triol

631

409

81

2-Benzhydryloxyethyldimethylamine and its salts

296

339

82

Benzidine

243

26

83

Benzilonium bromide (INN)

93

60

84

2-Benziloyloxymethyl-1,1-dimethylpyrrolidinium methyl sulphate

602

239

85

Benzimidazolone

86, 267

48

86

Benzimidazol-2(3H)-one

85, 267

48

87

Benzoates of 4-hydroxy-3-methoxycinnamyl alcohol (except natural content of essences)

211

357

88

Benzodiazepines, their salts and derivatives

77

49

89

Benzothiadiazine and its derivatives

73, 74

53

90

Benzoyl peroxide

382

91

3-(N-Benzylhydrazinocarbonyl)-5-methylisoxazole

415

52

92

Benzylideneacetone

567

356

93

3-Benzyloxy-1,1-diethylpyrrolidine hydrobromide

83

60

94

4-Benzyloxyphenol

(391), 487

178

95

2-[Benzyl-N-2-pyridyl)amino]-ethyldimethylamine

626, 748

347

96

Bergapten(e) (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg

(357)

358

97

Beryllium and its compounds

54

98

Betamethasone (INN)

(361)

300

99

Betoxycaine (INN) and its salts

257

23

100

BHC (ISO) (gamma-BHC)

370, 372, 428

195

101

Bietamiverine (INN)

261

287

102

1,6-Bis(2-chloroethylamino)-1,6-dideoxymannitol and its salts

436

89

103

2-[Bis(2-chloroethyl)amino]-l-oxa-3-aza-2- phosphacyclohexane 2-oxide and its salts

106, 231

88

104

N,N-Bis(2-chloroethyl)methylamine and its salts

159, 492

87

105

N,N-Bis(2-chloroethyl)methylamine N-oxide and its salts

493

86

106

N,N-Bis(2-chloroethyl)-1,3,2-oxazaphosphinan-2-ylamine P-oxide and its salts

103, 231

88

107

1,1-Bis(dimethylaminomethyl)propyl benzoate and its salts

23, 45

143

108

Bis(hydroxyalkyl)amines, not further N-substituted

255, 274, 643

411

109

2,2-Bis(hydroxymethyl)butan-l-ol trinitrate

616

206

110

2,6-Bis(β-hydroxyphenethyl)-1-methylpiperidine and its salts

430

219

111

3,3-Bis(4-hydroxyphenyl)phthalide

560

417

112

Bis(8-hydroxyquinolinium) sulphate, except for the uses provided for in entry number 51 in Part 1 of Schedule 4

(401, 533)

395

113

Bithionol (INN)

708

352

114

Bretylium tosilate (INN) (Bretylium tosylate)

117

56

115

Bromine, elemental

55

116

Bromisoval (INN)

119

58

117

p-Bromobenzylethyldimethylammonium

p-toluenesulphonate

114

56

118

2-Bromo-2-ethylbutyrylurea

148

57

119

2-Bromo-3-methylbutylrylurea

116

58

120

1-p-Bromophenyl-l-(2-pyridyl)-3-dimethylaminopropane and its salts

121

59

121

Brompheniramine (INN) and its salts

120

59

122

Brucine

62

123

Butanilicaine (INN) and its salts

466

90

124

Butobarbitone and its salts

(69)

220

125

Butopiprine (INN) and its salts

127

288

126

2-Butoxy-N-(2-diethylaminoethyl)-cinchoninamide and its salts

190

129

127

2-Butoxyethyl phenyl(piperidino)acetate and its salts

125

288

128

1-Butyl-3-(N-crotonoylsulphanilyl)urea

108

129

4-Butyl-1,2-diphenylpyrazolidine-3,5-dione

566

67

130

4-tert-Butyl-3-methoxy-2,6-dinitrotoluene

490

414

131

4-Butyl-1-phenylpyrazolidine-3,5-dione

486

64

132

1-Butyl-3-(p-methylbenzenesulphonyl)urea

718

65

133

1-Butyl-3-sulphanilylurea

149

66

134

4-Butylthiobenzhydryl 2-(dimethylamino)ethyl sulphide

142

140

135

1-tert-Butyl-3,4,5-trimethyl-2,6-dinitrobenzene

491

422

136

Cadmium and its compounds

68

137

Calabar bean

588

281

138

Calciferol

317, (761)

335

139

Cantharides, Cantharis vesicatoria

650

69

140

Cantharidin

379

70

141

Captan (ISO)

737

370

142

Captodiame (INN)

134

140

143

Caramiphen (INN) and its salts

570

169

144

N-(3-Carbamoyl-3,3-diphenylpropyl)-N,N- diisopropylmethylammonium salts

419

156

145

Carbazole, nitroderivatives of

510

72

146

Carbon disulphide

73

147

Carbon tetrachloride

693

315

148

Carbromal (INN)

118

57

149

Carbutamide (INN)

133

66

150

Carisoprodol (INN)

480

235

151

Catalase

74

152

Catechol

79, 630

408

153

Cells, tissues or products of human origin

416

154

Cephaeline and its salts

75

155

Chenopodium ambrosioides (essential oil)

76

156

Cherry laurel water

621

291

157

Chloral hydrate

735

77

158

Chlorine

78

159

Chlormethine (INN) and its salts

104, 492

87

160

Chlormezanone (INN)

174

91

161

4-Chlorobenzene-1,3-disulfonamide

193

85

162

5-Chloro-1,3-benzoxazol-2(3H)-one

185

82

163

N-5-Chlorobenzoxazol-2-ylacetamide

5

1

164

2-Chloro-4-dimethylamino-6-methylpyrimidine

168, 216,

83

165

2-Chloro-9-[3-(dimethylamino)-propylidene]thioxanthene (cis-form) and its salts

182

84

166

Chloroethane

328

96

167

Chloroform

736

366

168

2-Chloro-6-methylpyrimidin-4-yldimethylamine

164, 216

83

169

Chlorophacinone (ISO)

175

93

170

1-(p-Chloro--phenylbenzyl)-4-(2-hydroxyethoxyethyl)piperazine

402

240

171

2-(4-Chlorophenyl)-1-[4-(2-diethyl aminoethoxyl)] phenyl-1-p-tolylethanol

747

92

172

4-[4-(4-Chlorophenyl)-4-hydroxypiperidin-l-yl]-1-(4-fluorophenyl)butan-1-one

369

185

173

2-(4-Chlorophenyl)-3-methylbutane-2,3-diol

554

95

174

2-(4-Chlorophenyl-3-methyl-1,3-thiazinan-4-one1,1-dioxide

160

91

175

2[2-(4-Chlorophenyl)-2-phenylacetyl]indane-1,3-dione

169

93

176

2-[1-(4-Chlorophenyl)-1-phenylethoxy]ethyl- (dimethyl)amine

179

94

177

Chloropicrin

738

325

178

3-(4-Chloro-3-sulphamoylphenyl)-3- hydroxyisoindolin-1-one

183, 184

262

179

Chlorphenoxamine (INN)

176

94

180

Chlorpromazine (INN)

(561)

320

181

Chlorpropamide (INN)

617

79

182

Chlorprothixene (INN) and its salts

165

84

183

Chlortalidone (INN)

178, 184

262

184

Chlorthalidone

178, 184

262

185

Chlorzoxazone (INN)

162

82

186

Cholecalciferol

(761)

335

187

Choline salts and their esters

168

188

Chromium, chromic acid and salts of the acid

97

189

Chrysoidine citrate hydrochloride

565

81

190

Cinchocaine (INN) and its salts

126

129

191

Cincophen (INN), its salts and derivatives and salts of those derivatives

580

8

192

Claviceps purpurea Tul., its alkaloids and galenical preparations

318

98

193

Clofenamide (INN)

161

85

194

Clofenotane (INN)

734

123

195

Coal tar, crude and refined

218

420

196

Cobalt benzenesulphonate

101

197

Cocculin

592

282

198

Colchicine, its salts and derivatives

102

199

Colchicoside and its derivatives

103

200

Colchicum autumnale L. and its galenical preparations

104

201

Colouring agent CI 12075 and its lakes, pigments and salts

397

202

Colouring agent CI 12140

378

203

Colouring agent CI 13065

387

204

Colouring agent CI 15585

401

205

Colouring agent CI 26105

379

206

Colouring agent CI 42535

388

207

Colouring agents CI 42555, 42555:1 and 42555:2

380

208

Colouring agent CI 42640

386

209

Colouring agent CI 45170 and CI 45170:1

398

210

Colouring agent CI 61554

389

211

Coniferyl benzoate (except natural content of essences)

87

357

212

Coniine

618

290

213

Conium maculatum L. (fruit, powder, galenical prep- parations)

99

214

Convallatoxin

105

215

Coumetarol (INN)

454

225

216

Crimidine (ISO)

164, 168

83

217

Croton tiglium (oil)

107

218

Crude and refined coal tars

195

420

219

Curare and curarine

109

220

Curarizants, synthetic

110

221

1-(3-Cyano-3,3-diphenylpropyl)-4-ethoxycarbonyl-4-phenylpiperidinium chloride

297

80

222

Cyclarbamate (INN)

230

122

223

Cyclizine (INN) and its salts

302

159

224

Cyclobarbitone and its salts

(69)

220

225

Cyclocoumarol

268

234

226

2-α-Cyclohexylbenzyl(N,N,N',N'-tetraethyl)trimethylenediamine

555

112

227

2-Cyclohexyl-3,5-dimethylphenol and its salts

229

113

228

Cyclohexyl-3-(p-methylbenzenesulphonyl)urea

364

100

229

Cyclomenol (INN) and its salts

227

113

230

Cyclopentane-1,1-dimethanol dicarbanilate

222

122

231

Cyclophosphamide (INN) and its salts

103, 106

88

232

Datura stramonium L. and its galenical preparations

54

301

233

DDT (ISO) (pp'-DDT)

194, 734

123

234

Deanol aceglumate (INN)

279

3

235

Decamethonium bromide (INN)

(236)

214

236

Decamethylenebis(trimethylammonium) salts

235

214

237

Dextromethorphan (INN) and its salts

457

226

238

Dextropropoxyphene (INN)

281

116

239

O, O'-Diacetyl-N-allyl-N-normorphine

117

240

2,4-Diaminoanisole and its salts

455, 461

376

241

2,5-Diaminoanisole and its salts

456, 460

377

242

1,2-Diaminobenzene and its salts

573

363

243

p,p'-Diaminodiphenyl

82

26

244

2-(2,4-Diaminophenyl)ethanol and its salts

407

245

1,4:3,6-Dianhydrosorbitol 2,5-dinitrate

422

148

246

5-(α,B-Dibromophenethyl)-5-methylhydantoin

119

247

Dibromosalicylanilides

248, 443

351

248

Dibromsalan (INN)

(247)

351

249

Dichloroethanes

330, 335

125

250

Dichloroethylenes

7, 759

126

251

2,3-Dichloro-2-methylbutane

46

36

252

Dichlorosalicylanilides

349

253

Dicoumarin

254, 469

231

254

Dicoumarol (INN)

253, 469

231

255

Diethanolamine

(108, 643)

411

256

2-(Diethylaminoethoxy)ethylα-phenylpiperidine-1-acetate dimethiodide

601

137

257

2-Diethylaminoethyl 3-amino-4-butoxybenzoate and its salts

99

23

258

2-Diethylaminoethyl benzilate

72

157

259

2-Diethylaminoethyl 4-ethoxybenzoate and its salts

411, 538

179

260

2-Diethylaminoethyl 3-hydroxy-4-phenylbenzoate and its salts

128

261

2-Diethylaminoethyl phenyl(piperidino)acetate

101

287

262

3-Diethylaminopropyl cinnamate

130

263

Diethyl 4-nitrophenyl phosphate

536

170

264

O,O-Diethyl O-4-nitrophenyl phosphorothioate

537

131

265

Difencloxazine (INN)

569

270

266

Digitaline and all heterosides of Digitalis purpurea L.

134

267

4.5-Dihydrobenzimidazol-4-one

85, 86

48

268

3,4-Dihydro-2-methoxy-2-methyl-4-phenyl-2H,5H-pyrano[3,2-c]-[1]-benzopyran-5-one

225

234

269

Dihydrotachysterol (INN)

342

270

3,4-Dihydroxy-α-(methylaminomethyl)benzyl alcohol

14, 315

14

271

4,4'-Dihydroxy-3,3'-(3-methylthiopropylidene)dicoumarin

207

272

1-(3,4-Dihydroxyphenyl)-2-ethylaminopropan-l-ol and its salts

294

136

273

1-(3,4-Dihydroxyphenyl)-2-isopropylaminoethanol

418, 421

17

274

Diisopropanolamine

(108, 643)

411

275

5,5'-Di-isopropyl-2,2'-dimethylbiphenyl-4,4'-diyl dihypoiodite

413

361

276

Dimethoxane

286

368

277

4-[2-(3,4-Dimethoxyphenyl)ethyl]-1-(2-chlorophenyl)piperazine and its salts

438

141

278

Dimethylamine

142

279

2-Dimethylaminoethyl N-acetylglutamate

234

3

280

2-Dimethylaminoethyl p-butylaminobenzoate and its salts

690

63

281

(+)-4-Dimethylamino-3-methyl-1,2-diphenyl-2-propionyloxybutane

238

116

282

1-Dimethylaminomethyl-1-methylpropyl benzoate and its salts

50

50

283

2-Dimethylaminopropiophenone and its salts

445

145

284

3-(3-Dimethylaminopropylidene)-1,2:4,5-dibenzocyclohepta-1,4-diene and its salts

42

146

285

1,1-Dimethylbiguanide and its salts

447

147

286

2,6-Dimethyl-1,3-dioxan-4-yl acetate

276

368

287

Dimethylformamide

355

288

1,5-Dimethylhexylamine and its salts

34, 525

28

289

1,3-Dimethylpentylamine and its salts

35, 471

30

290

Dimethyl sulfoxide (INN)

338

291

Dimevamide (INN) and its salts

298

153

292

Dinitrophenol isomers

151

293

Dioxane

343

294

Dioxethedrin (INN) and its salts

272

136

295

2,5-Dioxo-3,3-diethyl-5-methylpiperidine and its salts

483

133

296

Diphenhydramine (INN) and its salts

81

339

297

Diphenoxylate hydrochloride (INNM)

221

80

298

2,2-Diphenyl-4-dimethylaminovaleramide and its salts

291

153

299

5,5-Diphenyl-4-imidazolidone

160

300

4-Diphenylmethoxy-1-methylpiperidine and its salts

306

154

301

3-Diphenylmethoxytropane and its salts

76

158

302

1-Diphenylmethyl-4-methylpiperazine and its salts

223

159

303

1,2-Diphenyl-4-(2-phenylsulphinylethyl)-pyrazolidine-3,5-dione

664

155

304

α,α-Diphenyl-2-piperidinemethanol and its salts

600

285

305

α,α-Diphenyl-4-piperidinemethanol and its salts

66

286

306

Diphenylpyraline (INN) and its salts

300

154

307

2,5-Dipropoxy-3,6-bis(ethyleneimino)-1,4- benzoquinone

410

152

308

4-Dipropylsulphamoylbenzoic acid

609

161

309

Disulfiram (INN)

702, 713

162

310

Dithio-2,2'-bis(pyridine 1-oxide) 1,1' (additive with trihydrated magnesium sulphate)

628

396

311

Doxylamine (INN) and its salts

579

176

312

Emetine, its salts and derivatives

163

313

Endrin (ISO)

373

196

314

Ephedrine and its salts

164

315

Epinephrine (INN)

14, 270

14

316

1,2-Epoxybutane

400

317

Ergocalciferol (INN)

138 (761)

335

318

Ergot and its alkaloids

192

98

319

Eserine and its salts

589

166

320

Ethionamide (INN)

336

319

321

Ethoheptazine (INN) and its salts

476

173

322

Ethopropazine and its salts

(561)

320

323

4-Ethoxyphenol

(391)

178

324

4-Ethoxy-m-phenylenediamine and its salts

406

325

2-Ethylamino-5-phenyloxazolin-4-one

345

180

326

Ethyl bis(4-hydroxycoumarinyl)acetate and salts of the acid

327

204

327

Ethyl bis(4-hydroxy-2-oxo-l-benzopyran-3-yl)acetate and salts of the acid

326

204

328

Ethyl chloride

166

96

329

Ethyl 1,3-dimethyl-4-phenylazepane-4-carboxylate and its salts

446

171

330

Ethylene dichloride

(249)

125

331

Ethylene oxide

182

332

2-Ethyl-2,3-epoxyhexamide and its derivatives

530

165

333

Ethyl p-fluorophenyl sulphone

348

189

334

Ethyl 1-(2-hydroxy-2-phenylethyl)-4- phenylpiperidine-4-carboxylate and its salts

532

172

335

Ethylidene dichloride

(249)

125

336

3-Ethylisothionicotinamide

320

319

337

3-Ethyl-3-methylglutarimide and its salts

71, 338

183

338

4-Ethyl-4-methylpiperidine-2,6-dione and its salts

71, 337

183

339

2-Ethyl-3-methylvaleramide

755

184

340

Ethylphenacemide

556, 568

272

341

2-Ethyl-2-phenylglutarimide and its salts

362

181

342

3'-Ethyl-5',6',7',8'-tetrahydro-5',5',8',8'-tetramethyl-2'-acetonaphthone

9

362

343

Ethyl urocanate

(406)

418

344

Fenadiazole (INN)

528

208

345

Fenozolone (INN)

325

180

346

Fenyramidol (INN)

578, 582

274

347

Fluanisone (INN)

351

187

348

Fluoresone (INN)

333

189

349

4'-Fluoro-4-[4-hydroxy-4-(α,α,α-trifluoro-m- tolyl)piperino]butyrophenone

741

188

350

6-Fluoro-16-methyl-11β,17,21-trihydroxypregna-1,4-diene-3,20-dione

535

186

351

1- (4-Fluorophenyl)-4-[4-(2-methoxyphenyl)-1- piperazinyl]butan-1-one

347

187

352

5-Fluoropyrimidine-2,4-dione

353

190

353

Fluorouracil (INN)

352

190

354

Fluphenazine (INN)

(561)

320

355

Furazolidone (INN)

513

252

356

Furfuryltrimethylammonium salts

358

192

357

Furocoumarins (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg

96, 462, 623, 746

358

358

Furtrethonium iodide (INN)

(356)

192

359

Galantamine (INN)

193

360

Gallamine triethiodide (INN)

518

329

361

Glucocorticoids

98

300

362

Glutethimide (INN) and its salts

341

181

363

Glycerol trinitrate

514, 615

253

364

Glycyclamide (INN)

228

100

365

Gold salts

296

366

Guaifenesin (INN)

459

230

367

Guanethidine (INN) and its salts

368

259

368

N-(2-Guanidinoethyl)azocane and its salts

367

259

369

Haloperidol (INN)

172

185

370

HCH (ISO) (gamma-HCH)

100, 372, 428

195

371

HETP

378

316

372

1,2,3,4,5,6-Hexachlorocyclohexane

100, 370, 428

195

373

(1R,4S,5R,8S)-1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4:5,8 dimethanonaphthalene

313

196

374

Hexachloroethane

197

375

3,3',4,4',6,6'-Hexachloro-2,2'-methylenediphenol

376

371

376

Hexachlorophene (INN)

375

371

377

(1R,4S,5R,8S)-1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro-1,4:5,8-dimethanonaphthalene

416

198

378

Hexaethyl tetraphosphate

371

316

379

(1R,2S)-Hexahydro-1,2-dimethyl-3,6-epoxyphthalic anhydride

140

70

380

(3S,5aR,9bS)-3,3a,4,5,5a,9b-Hexahydro-3,5a,9-trimethylnaphtho[1,2-b]furan-2,8dione

639

217

381

Hexamethonium bromide (INN)

(382)

124

382

N-N'-Hexamethylenebis(trimethylammonium) salts

381

124

383

Hexapropymate (INN)

619

115

384

Hydrastine, hydrastinine and their salts

199

385

Hydrazides and their salts

200

386

Hydrazine, its derivatives and their salts

201

387

2-Hydrazino-octane and its salts

523

202

388

Hydrocyanic acid and its salts

390, 409, 604

111

389

Hydrofluoric acid, its normal salts, complexes and hydrofluorides (except those listed in Part I of Schedule 4)

191

390

Hydrogen cyanide and its salts

388, 409, 604

111

391

Hydroquinone monobenzyl, monoethyl and monomethyl ethers

487

178

392

7-[2-Hydroxy-3-(2-hydroxyethyl-N- methylamino)propyl]theophylline

764

135

393

[4-(4-Hydroxy-3-iodophenoxy)-3,5-diiodophenyl] acetic acid and its salts

742

5

394

3-[4-(4-Hydroxy-3-iodophenoxy)-3,5- diiodophenyl]propionic acid and its salts

716

9

395

2-Hydroxy-3-(2-methoxyphenyl)propyl carbamate

450

205

396

1-Hydroxymethyl-l-cyclohexylacetic acid, sodium salt

646

114

397

4-Hydroxy-3-[1-(4-nitrophenyl)-3-oxobutyl]coumarin

1

254

398

8-Hydroxy-5-nitroquinoline and its salts

517

209

399

4-Hydroxy-3-(3-oxo-l-phenylbutyl)coumarin and its salts

3, 762

203

400

11a-Hydroxypregn-4-ene-3,20-dione and its esters

385

401

Hydroxy-8-quinoline and its sulphate, except for the uses provided for in entry number 51 in Part I of Schedule 4

112, 533, 633

395

402

Hydroxyzine (INN)

170

240

403

Hyoscine, its salts and derivatives

641

295

404

Hyoscyamine, its salts and derivatives

210

405

Hyoscyamus niger L. (leaves, seeds, powder and galenical preparations)

211

406

3-Imidazol-4-ylacrylic acid and its ethyl ester

343, 753

418

407

2-Imino-5-phenyloxazolidin-4-one and its salts

540

212

408

Imperatorin

465

34

409

Inorganic cyanides

(388, 390), 604

111

410

Inproquone (INN)

307

152

411

Intracaine and its salts

259, 538

179

412

Iodine

213

413

Iodothymol

275

361

414

Ipecacuanha (Cephaelis ipecacuanha Brot. and related species) (roots, powder and galenical preparations)

215

415

Isocarboxazid (INN)

91

52

416

Isodrin

377

198

417

Isometheptene (INN) and its salts

463

228

418

Isoprenaline (INN)

273, 421

17

419

Isopropamide iodide (INN)

(144)

156

420

(2-Isopropylpent-4-enoyl)urea

60

216

421

Isoproterenol

273, 418

17

422

Isosorbide dinitrate (INN)

245

148

423

Juniperus sabina L. (leaves, essential oil and galenical preparations)

294

424

Laurus nobilis L. (oil from seeds)

359

425

Lead and its compounds (except lead acetate subject to the restrictions laid down in entry number 55 in Part I of Schedule 4)

289

426

Levophacetoperane and its salts

597

284

427

Lidocaine (INN) (Lignocaine)

399

428

Lindane

100, 370, 372

195

429

Lobelia inflata L. and its galenical preparations

218

430

Lobeline (INN) and its salts

110

219

431

LSD

(433, 434)

127

432

Lupinidine and its salts

651

299

433

Lysergic acid diethylamide and its salts

431, 434

127

434

Lysergide (INN) and its salts

431, 433

127

435

Malononitrile

149

436

Mannomustine (INN) and its salts

102

89

437

Mecamylamine (INN)

701

229

438

Mefeclorazine (INN) and its salts

277

141

439

Mephenesin (INN) and its esters

721

322

440

Meprobamate (INN)

481

236

441

Mercury and its compounds (except those listed in Part I of Schedule 6)

221

442

Mescaline and its salts

743

222

443

Metabromsalan (INN)

(247)

351

444

Metaldehyde

603

223

445

Metamfepramone (INN) and its salts

283

145

446

Metethoheptazine (INN) and its salts

329

171

447

Metformin (INN) and its salts

285

147

448

Methapyrilene (INN) and its salts

627

144

449

Metheptazine (INN) and its salts

468

174

450

Methocarbamol (INN)

395

205

451

Methohexitone and its salts

(69)

220

452

Methotrexate (INN)

33

6

453

2-[4-Methoxybenzyl-N-(2-pyridyl)amino]- ethyldimethylamine maleate

625

346

454

1-Methoxy-2,2-bis(4-hydroxy-3-coumarinyl)ethane

215

225

455

1-Methoxy-2,4-diaminobenzene and its salts

240, 461

376

456

1-Methoxy-2,5-diaminobenzene and its salts

241, 460

377

457

(+)-3-Methoxy-N-methylmorphinan and its salts

237

226

458

4-Methoxyphenol

(391)

178

459

3-(2-Methoxyphenoxy)propane-1,2-diol

366

230

460

2-Methoxy-p-phenylenediamine and its salts

241, 456

377

461

4-Methoxy-m-phenylenediamine and its salts

240, 455

376

462

Methoxypsoralens (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg

(357)

358

463

6-Methylamino-2-methylhept-2-ene and its salts

417

228

464

2-Methyl-1,2-bis(3-pyridyl)propan-1-one

484

292

465

9-(3-Methylbut-2-enyloxy)furo-[3,2-g]chromen-7-one

408

34

466

2-Methyl-6-chloroanilide of n-butylaminoacetic acid and its salts

123

90

467

1-Methyl-2,4-diaminobenzene and its salts

477

364

468

Methyl 1,2-dimethyl-4-phenylazepane-4-carboxylate and its salts

449

174

469

3,3-Methylenebis-(4-hydroxycoumarin)

253, 254

231

470

2-Methylheptylamine and its salts

227

471

4-Methyl-2-hexylamine and its salts

35, 289

30

472

1-Methylimidazole-2-thiol

474, 707

233

473

N-N'-[(Methylimino)diethylene] bis- (ethyldimethylammonium) salts

67

121

474

1-Methyl-2-mercaptoimidazole

472, 707

233

475

Methylphenidate (INN) and its salts

575

175

476

1-Methyl-4-phenyl-4-carbethoxyhexa-methyleneimine and its salts

321

173

477

4-Methyl-m-phenylenediamine and its salts

467

364

478

2-Methyl-m-phenylenediamine

413

479

3-Methyl-2-phenylmorpholine, its derivatives and salts

558

232

480

2-Methyl-2-propyl-1-isopropylcarbamoyloxy-3-carbamoyloxypropane

150

235

481

2-Methyl-2-propyltrimethylene dicarbamate

440

236

482

N-Methyl-1,2,5,6-tetrahydro-3-nicotinic acid methyl ester

61

238

483

Methyprylon (INN) and its salts

295

133

484

Metyrapone (INN)

464

292

485

Minoxidil (INN), its salts and derivatives

599

372

486

Mofebutazone (INN)

131

64

487

Monobenzone (INN)

94, (391)

178

488

Morpholine and its salts

344

489

Moskene

546

421

490

Musk ambrette

130

414

491

Musk tibetene

135

422

492

Mustine and its salts

104, 159

87

493

Mustine N-oxide and its salts

105

86

494

Nalorphine (INN), its salts and ethers

21

20

495

Naphazoline (INN) and its salts

501

244

496

2-Naphthol

497

241

497

β-Naphthol

496

241

498

1- and 2-Naphthylamines and their salts

499

242

499

α- and β-Naphthylamines and their salts

498

242

500

3-(1-Naphthyl)-4-hydroxycoumarin

243

501

2-(1-Naphthylmethyl)-2-imidazoline and its salts

495

244

502

Narcotics, natural and synthetic: All substances listed in Tables I and II of the Single Convention on Narcotic Drugs 1961 (Treaty Series No. 34 (1965), Cmnd. 2631)

306

503

Narcotine and its salts

521

258

504

Neodymium and its salts

309

505

Neostigmine and its salts

245

506

Nicotine and its salts

246

507

Nitrites, inorganic (except sodium nitrite)

248

508

Nitrobenzene

249

509

Nitrocresols and their alkali metal salts

250

510

Nitroderivatives of carbazole

145

72

511

Nitrofurantoin (INN)

512

251

512

N-(5-Nitro-2-furfurylidene)-1-aminohydantoin

511

251

513

3-(5-Nitrofurfurylideneamino)oxazolidin-2-one

355

252

514

Nitroglycerine

363, 615

253

515

Nitrosamines

410

516

Nitrostilbenes, their homologues and derivatives

256

517

Nitroxoline (INN) and its salts

398

209

518

N,N,N,N',N',N',N",N",N"-Nonaethyl-2,2',2"-(benzene- 1,2,3-triyltrioxy)-tris(ethanaminium) triiodide

360

329

519

Noradrenaline and its salts

32, 520

257

520

Norepinephrine (INN) and its salts

32, 519

257

521

Noscapine (INN) and its salts

503

258

522

Nux vomica and its preparations

(661)

305

523

Octamoxin (INN) and its salts

387

202

524

Octamylamine (INN) and its salts

267

525

Octodrine (INN) and its salts

34, 288

28

526

Oestrogens

260

527

Oleandrin

261

528

2-(1,3,4-Oxadiazol-2-yl)phenol

344

208

529

[Oxalylbis(iminoethylene)]bis[(o-chlorobenzyl)diethylammonium] salts

24

132

530

Oxanamide (INN) and its derivatives

332

165

531

2-Oxo-3-isobutyl-9,10-dimethoxy-1,2,3,4,6,7-hexahydro-1lbH-benzo[α]quinolizine and its salts

688

139

532

Oxpheneridine (INN) and its salts

334

172

533

Oxyquinoline and its sulphate, except for the uses provided for in entry number 51 in Part I of Schedule 4

112, 401, 633

395

534

Padimate A

47

381

535

Paramethasone (INN)

350

186

536

Paraoxon

263

170

537

Parathion (ISO)

264

131

538

Parethoxycaine (INN) and its salts

259, 411

179

539

Pelletierine and its salts

598

263

540

Pemoline (INN) and its salts

407

212

541

Pentachloroethane

264

542

Pentaerythritol chloral

552

266

543

Pentaerythritol tetranitrate

544, 551

265

544

Pentaerythrityl tetranitrate (INN)

543, 551

265

545

Pentamethonium bromide (INN)

(547)

120

546

1,1,3,3,5-Pentamethyl-4,6-dinitroindane

489

421

547

N,N'-Pentamethylenebis(trimethyl-ammonium) salts

545

120

548

Pentobarbitone and its salts

(69)

220

549

Perchloroethylene

692

314

550

Perphenazine (INN) and its salts

(561)

320

551

PETN

543, 544

265

552

Petrichloral (INN)

542

266

553

Phenacemide (INN)

564

269

554

Phenaglycodol (INN)

173

95

555

Phenetamine

226

112

556

Pheneturide (INN)

340, 568

272

557

Phenindone (INN)

574

271

558

Phenmetrazine (INN), its derivatives and salts

479

232

559

Phenobarbitone and its salts

(69)

220

560

Phenolphthalein (INN)

111

417

561

Phenothiazine (INN) and its compounds

various

320

562

Phenprobamate (INN)

576

71

563

Phenprocoumon (INN)

577

273

564

N-Phenylacetylurea

553

269

565

4-Phenylazophenylene-1,3-diamine citrate hydrochloride

189

81

566

Phenylbutazone (INN)

129

67

567

4-Phenylbut-3-en-2-one

92

356

568

(2-Phenylbutyryl)urea

340, 556

272

569

N-[2-(α-Phenyl-p-chlorobenzyl)-ethyl]morpholine

265

270

570

1-Phenylcyclopentanecarboxylic acid diethylaminoethyl ester and its salts

143

169

571

2-Phenylcyclopropylamine (trans-form) and its salts

722

324

572

1-Phenyl-2,3-dimethyl-4-isopropylpyrazol-5-one

620

138

573

o-Phenylenediamine and its salts

242

363

574

2-Phenylindan-1,3-dione

557

271

575

α-Phenyl-2-piperidineacetic acid methyl ester and its salts

475

175

576

3-Phenylpropyl carbamate

562

71

577

3-(α-Phenylpropyl)-4-hydroxycoumarin

563

273

578

1-Phenyl-2-(2-pyridylamino)ethanol

346, 582

274

579

2-[1-Phenyl-1-(2-pyridyl)ethoxy]-ethyldimethylamine and its salts

311

176

580

2-Phenylquinoline-4-carboxylic acid, its salts and derivatives and salts of those derivatives

191

8

581

6-Phenyl-2,4,7-triaminopteridine and its salts

725

275

582

Phenyramidol

346, 578

274

583

Phosphides, metal

279

584

Phosphorus

279

585

4-Phosphoryloxy-N,N-dimethyltryptamine

622

278

586

3-Phthalimidopiperidine-2,6-dione and its salts

704

280

587

Phthalylsulphathiazole (INN) and its salts

(678)

307

588

Physostigma veneriosum Balf.

137

281

589

Physostigmine and its salts

319

166

590

Phytolacca spp and their preparations

374

591

Picric acid

745

268

592

Picrotoxin

197

282

593

Pilocarpine and its salts

283

594

Pilocarpus jaborandi Holmes and its galenical pre-parations

311

595

Pipazetate (INN) and its salts

596

118

596

2-(2-Piperidinoethoxy)ethyl 10-thia-1, 9-diazaanthracene-9-carboxylate and its salts

595

118

597

α-Piperidin-2-ylbenzyl acetate, laevorotatory threo-form and its salts

426

284

598

1-(2-Piperidyl)propan-2-one and its salts

539

263

599

6-(Piperidinyl)-2,4-pyrimidinediamine 3-oxide, its salts and derivatives

485

372

600

Pipradrol (INN) and its salts

304

285

601

Piprocurarium iodide (INN)

256

137

602

Poldine metilsulfate (INN) (Poldine methylsulphate)

84

239

603

Polyacetaldehyde

444

223

604

Potassium cyanide

(388, 390, 409)

111

605

Potassium nitroferricyanide

(15), 606

255

606

Potassium nitroprusside

(15), 605

255

607

Pramocaine (INN)

608

405

608

Pramoxine

607

405

609

Probenecid (INN)

308

161

610

Procainamide (INN) its salts and derivatives

29

25

611

Prochlorperazine (INN) and its salts

(561)

320

612

Progestogens

194

613

Promazine (INN) and its salts

(561)

320

614

Promethazine (INN) and its salts

(561)

320

615

Propane-1'2,3-triyl trinitrate

363, 514

253

616

Propatylnitrate (INN)

109

206

617

1-Propyl-3-(4-chlorobenzenesulphonyl)urea

181

79

618

2-Propylpiperidine

212

290

619

1-(2-Propynyl)cyclohexyl carbamate

383

115

620

Propyphenazone (INN)

572

138

621

Prunus laurocerasus L.

156

291

622

Psilocybine (INN)

585

278

623

Psoralen (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg

(357)

358

624

Pyrethrum album L. and its galenical preparations

345

625

Pyrianisamine maleate

453

346

626

Pyribenzamine

95, 748

347

627

2-(N-2-Pyridyl-N-2-thienylamino)ethyl-dimethylamine and its salts

448

144

628

Pyrithione disulphide+magnesium sulphate

310

396

629

Pyrithione sodium (INNM)

369

630

Pyrocatechol

79, 152

408

631

Pyrogallol

80

409

632

Quinalbarbitone and its salts

(69)

220

633

Quinolin-8-ol except for the uses provided for in entry number 51 in Part I of Schedule 4

(401, 533)

395

634

Radioactive substances (within the meaning of Article 1 of Council Directive 96/29/Euratom16 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation)

293

635

Rauwolfia serpentina alkaloids and their salts

636

15

636

Reserpine (INN) and its salts

(635)

15

637

Retinoic acid and its salts

724, 760

375

638

Safrole (except natural content of essences in cases where the concentration of such safrole in the cosmetic product does not exceed—

  1. (a)

    in the case of oral hygiene or dental products other than toothpaste intended specifically for children, 50 mg/kg; or

  2. (b)

    in the case of products other than oral hygiene or dental products, 100 mg/kg)

360

639

α-Santonin

380

214

640

Schoenocaulon officinale Lind. (seeds and galenical preparations)

332

641

Scopolamine, its salts and derivatives

403

295

642

Secbutobarbitone and its salts

(69)

220

643

Secondary dialkanolamines

108, 255, 274

411

644

Selenium and its compounds (except when permitted under the restrictions laid down in Part I of Schedule 4)

297

645

Sodium cyanide

(388, 390, 409)

111

646

Sodium hexacyclonate (INN)

396

114

647

Sodium nitroferricyanide

(15), 648

255

648

Sodium nitroprusside

(15), 647

255

649

Solanum nigrum L. and its galenical preparations

298

650

Spanish Fly

139

69

651

Sparteine (INN) and its salts

432

299

652

Spironolactone (INN)

10

4

653

Squill and its preparations

752

330

654

Stramonium and its preparations

232

301

655

Strontium lactate

402

656

Strontium nitrate

403

657

Strontium polycarboxylate

404

658

Strophanthines and their aglucones and their respective derivatives

302

659

Strophanthus species and their galenical preparations

303

660

Strychnine and its salts

304

661

Strychnos species and their galenical preparations

522

305

662

Succinonitrile

150

663

Succinylsulphathiazole and its salts

(678)

307

664

Sulfinpyrazone (INN)

303

155

665

Sulphacetamide and its salts

(678)

307

666

Sulphadiazine and its salts

(678)

307

667

Sulphadimethoxine and its salts

(678)

307

668

Sulphadimidine and its salts

(678)

307

669

Sulphafurazole and its salts

(678)

307

670

Sulphaguanidine and its salts

(678)

307

671

Sulphamethizole and its salts

(678)

307

672

Sulphamethoxazole and its salts

(678)

307

673

Sulphamethoxydiazine and its salts

(678)

307

674

Sulphamethoxypyridazine and its salts

(678)

307

675

Sulphanilamide and its salts

(678)

307

676

Sulphapyridine and its salts

(678)

307

677

Sulphathiazole and its salts

(678)

307

678

Sulphonamides (sulphanilamide and its derivatives obtained by substitution of one or more H-atoms of the -NH2 groups) and their salts

665-677

307

679

Sulthiame

680, 699

308

680

Sultiame (INN)

679, 699

308

681

Sympathomimetic amines acting on the central nervous system: any substance contained in the first list of medicaments which are subject to medical prescription and are referred to in resolution AP (69) 2 of the Council of Europe

44

21

682

Tefazoline (INN) and its salts

698

237

683

Tellurium and its compounds

312

684

TEPP (ISO)

696

276

685

2-(4-tert-Butyl-2,6-dimethylbenzyl)-2-imidazoline and its salts

766

313

686

4-tert-Butylphenol

340

687

4-tert-Butylpyrocatechol

341

688

Tetrabenazine (INN) and its salts

531

139

689

Tetrabromosalicylanilides

350

690

Tetracaine (INN) and its salts

280

63

691

2,3,7,8-Tetrachlorodibenzo-p-dioxin

367

692

Tetrachloroethylene

549

314

693

Tetrachloromethane

147

315

694

Tetrachlorosalicylanilides

348

695

Tetraethylammonium bromide

703

61

696

Tetraethyl pyrophosphate

684

276

697

(R)-5,6,6a,7-Tetrahydro-6-methyl-4H-dibenzo[de,g]quinoline-10,11-diol and its salts

59

42

698

2-(5,6,7,8-Tetrahydro-1-naphthylmethyl)-2-imidazoline and its salts

682

237

699

4-(Tetrahydro-2H-1,2-thiazin-2-yl)-benzenesulphonamide S,S-dioxide

679, 680

308

700

Tetrahydrozoline and its salts

394

701

N,2,3,3-Tetramethyl-2-nocamphanamine

437

229

702

Tetramethylthiuram disulphide

713

162

703

Tetrylammonium bromide (INN)

695

61

704

Thalidomide (INN) and its salts

586

280

705

Thallium and its compounds

317

706

Thevetia neriifolia Juss., glycoside extract

318

707

Thiamazole (INN)

472, 474

233

708

2,2'-Thiobis(4,6-dichlorophenol)

113

352

709

Thiopentone and its salts

(69)

220

710

Thioridazine (INN) and its salts

(561)

320

711

Thiotepa (INN)

726

310

712

Thiourea and its derivatives (except those listed in Part I of Schedule 4)

321

713

Thiram (ISO)

702

162

714

Thiuram disulphides

354

715

Thiuram monosulphides

353

716

Thyropropic acid (INN) and its salts

394

9

717

Tolboxane (INN)

720

177

718

Tolbutamide (INN)

132

65

719

Toluidines, their isomers, salts and halogenated and sulphonated derivatives

40

32

720

p-Tolylboric acid ester of 2-methyl-2-propylpropane-1,3-diol

717

177

721

3-o-Tolyloxypropane-1,2-diol

(439)

322

722

Tranylcypromine (INN) and its salts

571

324

723

Tretamine (INN)

727

328

724

Tretinoin (INN) and its salts

637, 760

375

725

Triamterene (INN) and its salts

581

275

726

Tri(aziridin-1-yl)phosphine sulphide

711

310

727

2,4,6-Tri(aziridin-l-yl)-1,3-triazine

723

328

728

2,2,2-Tribromoethanol

(729)

326

729

Tribromoethyl alcohol

728

326

730

Tribromsalan (INN)

731

373

731

3,4',5-Tribromosalicylanilide

730

373

732

Trichlormethine (INN) and its salts

749

327

733

Trichloroacetic acid

10

734

1,1,1-Trichloro-2,2-bis(4-chlorophenyl)ethane

194, 233

123

735

2,2,2-Trichloroethane-1,1-diol

157

77

736

Trichloromethane

167

366

737

N-(Trichloromethylthio)cyclohex-4-ene-1,2-dicarboximide

141

370

738

Trichloronitromethane

177

325

739

Tricresyl phosphate

750

277

740

Trifluoperazine (INN) and its salts

(561)

320

741

Trifluperidol (INN)

349

188

742

3,3',5-Triiodothyroacetic acid and its salts

393

5

743

3,4,5-Trimethoxyphenethylamine and its salts

442

222

744

2.2,6-Trimethy1-4-piperidyl benzoate and its salts

75

51

745

2,4,6-Trinitrophenol

591

268

746

Trioxysalen (INN) (except natural content of essences). In sun protection and in bronzing products, furocoumarins content shall be below 1 mg/kg

(357)

358

747

Triparanol (INN)

171

92

748

Tripelennamine (INN)

95, 626

347

749

Tris(2-chloroethyl)amine

732

327

750

Tritolyl phosphate

739

277

751

Tuaminoheptane (INN), its isomers and salts

30

27

752

Urginea scilla Stern. and its galenical preparations

653

330

753

Urocanic acid

(406)

418

754

Vaccines, toxins and serums listed in the Annex to Council Directive No.75/319/EEC17

323

755

Valnoctamide (INN)

339

184

756

Veratrine, its salts and galenical preparations

331

757

Veratrum spp and their preparations

333

758

Vinyl chloride monomer

334

759

Vinylidene chloride

(7,250)

126

760

Vitamin A acid and its salts

637, 724

375

761

Vitamins D2 and D3

138, 186, 317

335

762

Warfarin (ISO) and its salts

3, 399

203

763

Xanthates

16

336

764

Xanthinol

392

135

765

Xylidines, their isomers, salts and halogenated and sulphonated derivatives

41

33

766

Xylometazoline (INN) and its salts

685

313

767

Yohimbine and its salts

337

768

Zirconium and its compounds (except aluminium zirconium chloride hydroxide complexes and aluminium zirconium chloride hydroxide glycine complexes under the conditions laid down in Part I of Schedule 4 and zirconium lakes, salts and pigments prepared from those colouring agents identified in column 1 of Part I of Schedule 5 by “*” immediately after the name or colour index number)

391

769

Zoxazolamine (INN)

28

24

PART IISUBSTANCES PROHIBITED WHEN USED AS A FRAGRANCE INGREDIENT

(1)

(2)

(3)

(4)

Number in this Schedule

Name of substance

Cross-reference to this Schedule

Cross-reference to Annex II of the Directive

1

Alanroot oil (Inula helenium)

423

2

Benzyl cyanide

31

424

3

Cyclamen alcohol

22

425

4

Decahydro-6-isopropyl-2-naphthol

21

441

5

Diethyl maleate

426

6

Dihydrocoumarin

8

427

7

6,7-Dihydrogeraniol

10

429

8

3,4-Dihydroxycoumarin

6

427

9

2,4-Dihydroxy-3-methylbenzaldehyde

428

10

3,7-Dimethyl-2-octen-1-ol

7

429

11

4,6-Dimethyl-8-tert-butylcoumarin

430

12

Dimethyl citraconate

431

13

7,11-Dimethyl-4,6,10-dodecatrien-3-one

432

14

6, 10-Dimethyl-3,5,9-undecatrien-2-one

433

15

Diphenylamine

434

16

Ethyl acrylate

435

17

Fig leaf absolute (Ficus carica)

436

18

trans-2-Heptenal

437

19

trans-2-Hexenal diethyl acetal

438

20

trans-2-Hexenal dimethyl acetal

439

21

Hydroabietyl alcohol

440

22

6-Isopropyl-2-decahydronaphthalenol

4

441

23

3-(4-Isopropylphenyl)-2-methylpropan-1-ol

3

425

24

7-Methoxycoumarin

442

25

4-(4-Methoxyphenyl)-3-butene-2-one

443

26

1-(4-Methoxyphenyl)-1-penten-3-one

444

27

Methyl trans-2-butenoate

445

28

7-Methylcoumarin

446

29

Methyleugenol (except for normal content in the natural essences used and provided that the concentration does not exceed:

  1. (a)

    0.01 per cent in fine fragrance;

  2. (b)

    0.004 per cent in eau de toilette;

  3. (c)

    0.002 per cent in fragrance cream;

  4. (d)

    0.001 per cent in rinse-off products; and

  5. (e)

    0.0002 per cent in other leave-on products and oral hygiene products)

451

30

5-Methyl-2,3-hexanedione

447

31

2-Pentylidenecyclohexanone

448

32

2-Phenylacetonitrile

2

424

33

3,6,10-Trimethyl-3,5,9-undecatrien-2-one

449

34

Verbena oil (Lippia citriodora Kunth.)

450

SCHEDULE 4LIST OF SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS

Regulations 5(2), 6(1) and 7(2)

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 except for the purposes or contained other than in the types of product specified in column 3. The concentration of the substance in a product may not exceed the limit specified in column 4: where the names of two or more substances are mentioned in a single item as set out in column 2 and a product contains more than one of those substances, the limit specified in column 4 is the limit for all of those substances taken together; and 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, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.

Names which appear in square brackets in column 2 are the International Nomenclature Cosmetic Ingredient names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC18.

PART ISUBSTANCES LISTED IN ANNEX III, PART 1 OF THE DIRECTIVE AS SUBSTANCES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN

(1)

(2)

(3)

(4)

(5)

(6)

Reference Number

Name of substance

Purpose of substance or type of product

Maximum concentration of substance in product

Other requirements

Required information

1a

Boric acid, borates, and tetraborates

Talcum powder

5 per cent

Not to be used in products intended for children under three years old

Not to be used in products intended for peeling or irritated skin if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid

Not to be used for bathing children under three years old

Do not use on peeling or irritated skin (Only required if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid)

Oral hygiene products

0.1 per cent

Not to be used in products intended for children under three years old

Do not swallow

Not to be used for children under three years old

Other products (excluding bath products and hair waving products)

3 per cent

Not to be used in products intended for children under three years old

Not to be used in products intended for peeling or irritated skin if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid

Not to be used for children under three years old

Do not use on peeling or irritated skin (Only required if the concentration of free soluble borate exceeds 1.5 per cent calculated as boric acid)

The above-mentioned percentages are calculated as boric acid

1b

Tetraborates

Bath products

18 per cent

Not to be used in products for children under three years old

Not to be used for bathing children under three years old

Hair waving products

8 per cent

The above-mentioned percentages are calculated as boric acid

2a

Thioglycolic acid and its salts

(a)

Hair waving or straightening products for general use

8 per cent ready for use

pH 7 to 9.5

Contains thioglycolate. Follow the instructions. Keep out of reach of children

(b)

Hair waving or straightening products for professional use

11 per cent ready for use

pH 7 to 9.5

Contains thioglycolate. Follow the instructions. Keep out of reach of children. For professional use only

(c)

Depilatories

5 per cent ready for use

pH 7 to 12.7

Contains thioglycolate. Follow the instructions. Keep out of reach of children

(d)

Other hair-care products which are removed after application

2 per cent ready for use

pH 7 to 9.5

Contains thioglycolate. Follow the instructions. Keep out of reach of children

The above-mentioned percentages are calculated as thioglycolic acid

(a), (b), (c) and (d): The directions for use must incorporate the following:

  • — Avoid contact with eyes

  • — In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice

  • — Wear suitable gloves ((a), (b) and (d) only)

2b

Thioglycolic acid esters

(a)

Hair waving or straightening products for general use

8 per cent ready for use

pH 6 to 9.5

Contains thioglycolate. Follow the instructions. Keep out of reach of children

(b)

Hair waving or straightening products for professional use

11 per cent ready for use

pH 6 to 9.5

Contains thioglycolate. Follow the instructions. Keep out of reach of children. For professional use only

The above-mentioned percentages are calculated as thioglycolic acid

(a) and (b): The directions for use must incorporate the following:

  • — May cause sensitization in the event of skin contact

  • — Avoid contact with eyes

  • — In the event of contact with eyes, rinse immediately with plenty of water and seek medical advice

  • — Wear suitable gloves

3

Oxalic acid, its esters and alkaline salts

Hair care products

5 per cent

For professional use only

4

Ammonia

All purposes and products

6 per cent calculated as NH3

Contains ammonia (not required when concentration is not more than 2 per cent)

5

Tosylchlora-mide sodium (INN) [Chloramine-T]

All purposes and products

0.2 per cent

6

Chlorates of alkali metals

Toothpaste

5 per cent

Other uses

3 per cent

7

Dichloro-methane

All purposes and products

35 per cent (and when mixed with 1,1,1-trichloroethane, total concentration must not exceed 35 per cent)

Purity of the dichloromethane must be not less than 99.8 per cent

8

m- and p-Phenylenedia-mines, their N-substituted derivatives and their salts;

N-substituted derivatives of o-phenylenediamines (see Note 1), with the exception of those derivatives listed elsewhere in this Schedule

Oxidizing colouring agents for hair-dyeing for general use

6 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains phenylenediamines Can cause an allergic reaction. Do not use to dye eyelashes or eyebrows

Oxidizing colouring agents for hair-dyeing for professional use

6 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains phenylenediamines. For professional use only. Can cause an allergic reaction. Wear suitable gloves

9

Methylphenylenediamines (other than 4-methyl-m-phenylenediamine and its salts), their N-substituted derivatives and their salts (Toluenediamines (other than toluene-1, 3-diamine and its salts), their N-substituted derivatives and their salts)

Oxidizing colouring agents for hair-dyeing for general use

10 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains phenylene-diamines. Can cause an allergic reaction. Do not use to dye eyelashes or eyebrows

Oxidizing colouring agents for hair-dyeing for professional use

10 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains phenylenediamines. For professional use only. Can cause an allergic reaction. Wear suitable gloves

10

Diaminophenols

Oxidizing colouring agents for hair-dyeing for general use

10 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains diaminophenols. Can cause allergic reaction. Do not use to dye eyelashes or eyebrows

Oxidizing colouring agents for hair-dyeing for professional use

10 per cent calculated as a free base, subject to the provisions of “Combination Rule A” set out below

Contains diaminophenols. For professional use only. Can cause allergic reaction. Wear suitable gloves

11

Dichlorophen (INN) [Dichlorophene]

All purposes and products

0.5 per cent

Contains dichlorophen

12

Hydrogen peroxide and other compounds or mixtures that release hydrogen peroxide including hydrogen peroxide-urea (hydrogen peroxide-carbamide) and zinc peroxide

(a)

Hair-care preparations

(b)

Skin-care preparations

(c)

Nail hardening preparations

(d)

Oral hygiene products

  • 12 per cent of H2O2 present or released

  • 4 per cent of H2O2 present or released

  • 2 per cent of H2O2 present or released

  • 0.1 per cent of H2O2 present or released

  • (a): Wear suitable gloves

  • (a)(b)(c): Contains hydrogen peroxide. Avoid contact with eyes. Rinse eyes immediately if product comes into contact with them

  •  

  •  

13

Formaldehyde (see also Part I of Schedule 6)

Nail hardeners

5 per cent

Contains formaldehyde. Protect cuticles with grease or oil. (Not required when concentration is not more than 0.05 per cent)

14

Hydroquinone

Oxidizing colouring agent for hair dyeing for general use

0.3 per cent subject to the provisions of “Combination Rule B” set out below

Contains hydroquinone. Do not use to dye eyelashes or eyebrows. Rinse eyes immediately if product comes into contact with them

Oxidizing colouring agent for hair dyeing for professional use

0.3 per cent subject to the provisions of “Combination Rule B” set out below

Contains hydroquinone. For professional use only. Rinse eyes immediately if product comes into contact with them

15a

Potassium hydroxide and sodium hydroxide

Nail cuticle solvent

5 per cent calculated as sodium hydroxide (see Note 2)

Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children

Hair straightener for general use

2 per cent calculated as sodium hydroxide (see Note 2)

Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children

Hair straightener for professional use

4.5 per cent calculated as sodium hydroxide (see Note 2)

For professional use only. Avoid contact with eyes. Can cause blindness

pH adjuster for depilatories

pH value not to exceed 12.7

Keep out of reach of children Avoid contact with eyes

Other uses as pH adjuster

pH value not to exceed 11

15b

Lithium hydroxide

Hair straightener for general use

2 per cent calculated as sodium hydroxide (see Note 2)

Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children

Hair straightener for professional use

4.5 per cent calculated as sodium hydroxide (see Note 2)

For professional use only. Avoid contact with eyes. Can cause blindness

pH adjuster for depilatories

pH value not to exceed 12.7

Contains alkali. Keep out of reach of children. Avoid contact with eyes

Other uses as pH adjuster (for rinse-off products only)

pH value not to exceed 11

15c

Calcium hydroxide

Hair straighteners containing two components: calcium hydroxide and aguanidine salt

7 per cent by weight of calcium hydroxide

Contains alkali. Avoid contact with eyes. Keep out of reach of children. Can cause blindness

pH adjuster for depilatories

pH value not to exceed 12.7

Contains alkali. Avoid contact with eyes. Can cause blindness. Keep out of reach of children

Other uses e.g. pH adjuster processing aid

pH value not to exceed 11

16

α-Naphthol [1-Naphthol] and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

17

Sodium nitrite

Rust inhibitor

0.2 per cent

Do not use with secondary and/or tertiary amines or other substances forming nitrosamines

18

Nitromethane

Rust inhibitor

0.3 per cent

19

Phenol and its alkali salts

Soaps and shampoos

1 per cent calculated as phenol

Contains phenol

20

ENTRY DELETED

21

Quinine and its salts

Shampoos

0.2 per cent calculated as quinine base

Hair lotions

0.5 per cent calculated as quinine base

22

Resorcinol

Oxidizing colouring agent for hair dyeing for general use

5 per cent subject to the provisions of “Combination Rule B” set out below

Contains resorcinol. Rinse hair well after application. Do not use to dye eyelashes or eyebrows. Rinse eyes immediately if product comes into contact with them

Oxidizing colouring agent for hair dyeing for professional use

5 per cent subject to the provisions of “Combination Rule B” set out below

Contains resorcinol. For professional use only. Rinse eyes immediately if product comes into contact with them

Hair lotions and shampoos

0.5 per cent subject to the provisions of “Combination Rule B” set out below

Contains resorcinol

23a

Alkali sulphides

Depilatories

2 per cent calculated as sulphur

pH value not to exceed 12.7

Keep out of reach of children. Avoid contact with eyes

23b

Alkaline earth sulphides

Depilatories

6 per cent calculated as sulphur

pH value not to exceed 12.7

Keep out of reach of children. Avoid contact with eyes

24

Water-soluble zinc salts with the exception of zinc 4-hydroxybenzene-sulphonate

All purposes and products

1 per cent calculated as zinc

25

Zinc 4-hydroxybenzene-sulphonate [Zinc phenolsulfonate]

Deodorants, antiperspirants and astringent lotions

6 per cent calculated as percentage of anhydrous substance

Avoid contact with eyes

26

Ammonium monofluoro-phosphate

Oral hygiene products

0.15 per cent calculated as fluorine. When mixed with other fluorine compounds the total fluorine concentration must not exceed 0.15 per cent

Contains ammonium monofluorophosphate

27

Sodium monofluoro-phosphate

Oral hygiene products

As for ammonium monofluorophosphate

Contains sodium monofluoro-phosphate

28

Potassium monofluoro-phosphate

Oral hygiene products

As for ammonium monofluorophosphate

Contains potassium monofluoro-phosphate

29

Calcium monofluoro-phosphate

Oral hygiene products

As for ammonium monofluorophosphate

Contains calcium monofluoro-phosphate

30

Calcium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains calcium fluoride

31

Sodium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains sodium fluoride

32

Potassium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains potassium fluoride

33

Ammonium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains ammonium fluoride

34

Aluminium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains aluminium fluoride

35

Stannous fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains stannous fluoride

36

Hexadecylammonium fluoride [Cetylamine hydrofluoride]

Oral hygiene products

As for ammonium monofluorophosphate

Contains hexadecylammonium fluoride

37

3-(n-Hexadecyl-N-2-hydroxyethylammonio)-propylbis(2-hydroxyethyl)-ammonium difluoride [Stearyl trihydroxyethyl propylenediamine dihydrofluoride]

Oral hygiene products

As for ammonium monofluorophosphate

Contains 3-(n-hexadecyl-N-2-hydroxyethylammonio)- propylbis(2-hydroxyethyl)- ammoniumdifluoride

38

N,N',N'-Tris(polyoxyethylene)-N-hexadecylpropyl-enediamine dihydrofluoride [Palmityl trihydroxyethyl propylenediamine dihydrofluoride]

Oral hygiene products

As for ammonium monofluorophosphate

Contains N,N',N'-tris (polyoxyethylene)-N-hexa-decylpropylenediamine dihydrofluoride

39

Octadecenylammonium fluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains octadecenylammonium fluoride

40

Sodium fluorosilicate

Oral hygiene products

As for ammonium monofluorophosphate

Contains sodium fluorosilicate

41

Potassium fluorosilicate

Oral hygiene products

As for ammonium monofluorophosphate

Contains potassium fluorosilicate

42

Ammonium fluorosilicate

Oral hygiene products

As for ammonium monofluorophosphate

Contains ammonium fluorosilicate

43

Magnesium fluorosilicate

Oral hygiene products

As for ammonium monofluorophosphate

Contains magnesium fluorosilicate

44

1,3-Bis(hydroxymethyl)-imidazolidene-2-thione [Dimethylol ethylene thiourea]

Hair care preparations

2 per cent

Not to be used in aerosol dispensers

Contains 1,3-bis(hydroxymethyl) imidazolidene-2-thione

Nail care preparations

2 per cent

pH value as applied must be less than 4

Contains 1,3-bis(hydroxymethyl) imidazolidene-2-thione

45

Benzyl alcohol (See also Part I of Schedule 6)

Solvent, perfumes and flavourings

46

6-Methylcoumarin

Oral hygiene products

0.003 per cent

47

Nicomethanol hydrofluoride

Oral hygiene products

As for ammonium monofluorophosphate

Contains nicomethanol hydrofluoride

48

Silver nitrate

Products to dye eyelashes or eyebrows

4 per cent

Contains silver nitrate. Rinse eyes immediately if product comes into contact with them

49

Selenium disulphide [Selenium sulfide]

Anti-dandruff shampoos

1 per cent

Contains selenium disulphide. Avoid contact with eyes or damaged skin

50

Aluminium zirconium chloride hydroxide complexes AlxZr(OH)yClz and 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

51

Quinolin-8-ol and bis-(8-hydroxyquinolinium sulphate) (See also Part I of Schedule 3) [Oxyquinoline and Oxyquinoline sulfate]

Stabilizer for hydrogen peroxide in rinse-off hair care preparations

0.3 per cent calculated as base

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

0.03 per cent calculated as base

52

Methanol

Denaturant for ethanol and isopropyl alcohol

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

53

Etidronic acid and its salts (1-hydroxyethylidene-diphosphonic acid and its salts)

Hair care

1.5 per cent expressed as etidronic acid

Soap

0.2 per cent expressed as etidronic acid

54

1-Phenoxy-propan-2-ol (See also Part I of Schedule 6) [Phenoxy-isopropanol]

Products rinsed off after use

2 per cent

Prohibited in oral hygiene products

55

Lead acetate

Only for hair dyeing

0.6 per cent calculated as lead

Contains lead acetate. Keep away from children. Avoid all contact with the eyes. Wash hands after use. Do not use to dye eyelashes, eyebrows or moustaches

If irritation develops discontinue use

56

Magnesium fluoride

Dental hygiene products

0.15 per cent calculated as fluorine. When mixed with other fluorine compounds the total fluorine concentration must not exceed 0.15 per cent

Contains magnesium fluoride

57

Strontium chloride hexahydrate

(a)

Toothpaste

3.5 per cent calculated as strontium. When mixed with other permitted strontium compounds the total strontium content must not exceed 3.5 per cent

Contains strontium chloride Frequent use by children is not advisable

(b)

Shampoo and face care products

2.1 per cent calculated as strontium. When mixed with other permitted strontium compounds the total strontium content must not exceed 2.1 per cent

58

Strontium acetate hemihydrate

Toothpaste

3.5 per cent calculated as strontium. When mixed with other permitted strontium products the total strontium content must not exceed 3.5 per cent

Contains strontium acetate. Use by children is not advisable

59

Talc: hydrated magnesium silicate

(a)

Powdery products intended to be used for children under three years of age

(a):

Keep powder away from children’s nose and mouth

(b)

other products

60

Fatty acid dialkanolamides

All purposes and products

Maximum dialkanolamine content: 0.5 per cent

Do not use with nitrosating systems. Maximum dialkanolamine content: 5 per cent (applies to raw materials. Maximum N-nitroso-dialkanolamine content: 50 μg/kg (applies to raw materials). Keep in nitrite-free containers

61

Monoalkanolamines

All purposes and products

Maximum dialkanolamine content: 0.5 per cent

Do not use with nitrosating systems. Minimum purity: 99 per cent. Maximum dialkanolamine content: 0.5 per cent (applies to raw materials). Maximum N-nitrosodialkanolamine content:

50 μg/kg (applies to raw materials). Keep in nitrite-free containers

62

Trialkanolamines

(a)

non-rinse-off

(b)

other products

(a)

2.5 per cent

(a) (b): Do not use with nitrosating systems. Minimum purity: 99 per cent. Maximum dialkanolamine content: 0.5 per cent (applies to raw materials). Maximum N-nitroso-dialkanolamine content: 50 μg/kg (applies to raw materials). Keep in nitrate-free containers

63

Strontium hydroxide

pH-regulator in depilatory products

3.5 per cent calculated as strontium

pH value not to exceed 12.7

Keep out of reach of children. Avoid contact with the eyes

64

Strontium peroxide

Rinse-off hair care preparations for professional use

4.5 per cent calculated as strontium in the ready-for-use preparation

All products must meet the hydrogen peroxide release requirements

Avoid contact with eyes. Rinse eyes immediately if product comes into contact with them. For professional use only. Wear suitable gloves

65

Benzalkonium chloride (INN), bromide and saccharinate (eg. Cetalkonium chloride Stearalkonium chloride, Cetearalkonium bromide)

Hair care products rinsed off after use

3 per cent calculated as benzalkonium chloride

In the finished product the concentration of benzalkonium chloride, bromide and saccharinate with an alkyl chain-length of C14 or less must not exceed 0.1 per cent calculated as benzalkonium chloride

Avoid contact with the eyes

Other products

0.1 per cent calculated as benzalkonium chloride

Avoid contact with the eyes

66

Polyacrylamides

Body-care leave-on products

Maximum residual acrylamide content 0.1 μg/kg

Other cosmetic products

Maximum residual acrylamide content 0.5 μg/kg

Note 1: These substances may be used singly or in combination provided that the sum of the ratios of the levels of each of them in the cosmetic product expressed with reference to the maximum level authorised for each of them does not exceed 1.

Note 2: The concentration of sodium, potassium or lithium hydroxide is expressed as a percentage of sodium hydroxide. In cases of mixtures, the sum must not exceed the limits given in column (4).

PART IISUBSTANCES LISTED IN ANNEX III, PART 2 OF THE DIRECTIVE AS SUBSTANCES PROVISIONALLY ALLOWED

(1)

(2)

(3)

(4)

(5)

(6)

(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 supply until

1

C.I. Basic Blue 7

Non-oxidising colouring agents for hair dyeing

0.2 per cent

Can cause allergic reaction

30.9.2004

2

2-Amino-3-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

3 per cent

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

3

4-Amino-3-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

3 per cent

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

4

Naphthalene-2,7-diol and its salts

Oxidising colouring agents for hair dyeing

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.5 per cent

30.9.2004

5

3-Aminophenol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

6

3, 4-Dimethylpyridine-2, 6-diol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

7

4-(3-Hydroxypropyl)- amino-3-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

5.2 per cent

2.6 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 2.6 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

8

6-Nitropyridine-2,5- diamine and its salts

Non-oxidising colouring agent for hair dyeing

3 per cent

Can cause allergic reaction

30.9.2004

9

HC Blue No. 11 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

3 per cent

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

10

2-(2-Nitro-p-toluidino)- ethanol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

11

2-(2-Hydroxyethyl- amino)-4,6-dinitro- phenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

3 per cent

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

12

4-Methylaminophenol and its salts

Oxidising colouring agent for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

30.9.2004

13

2-(2,4-Diamino-5-methylphenoxy)ethanol and its salts

Oxidising colouring agent for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

30.9.2004

14

HC Violet No. 2 and its salts

Non-oxidising colouring agent for hair dyeing

2 per cent

30.9.2004

15

2(2,6-Dinitro-p-anisidino)ethanol and its salts

Non-oxidising colouring agent for hair dyeing

3 per cent

Can cause allergic reaction

30.9.2004

16

HC Blue No. 12 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

1.5 per cent

1.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.75 per cent

Can cause allergic reaction

Can cause allergic reaction

30.9.2004

17

4-Ethoxy-6-methyl-m-phenylenediamine and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

18

4,4'-(Trimethylene- dioxy)di-m-phenylene-diamine and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

19

3-Amino-2,4-dichloro- phenol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

20

3-Methyl-1-phenyl-5-pyrazolone and its salts

Oxidising colouring agents for hair dyeing

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.25 per cent

30.9.2004

21

5-(2-Hydroxyethyl-amine)-o-cresol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

22

3,4-Dihydro-2H-1,4-benzoxazin-6-ol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

Can cause allergic reaction

30.9.2004

23

Naphthalene-1,7-diol and its salts

Oxidising colouring agents for hair dyeing

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.5 per cent

Can cause allergic reaction

30.9.2004

24

HC Yellow No. 10 and its salts

Non-oxidising colouring agents for hair dyeing

0.2 per cent

30.9.2004

25

2,6-Dimethoxy-3,5-pyridinediamine and its salts

Oxidising colouring agents for hair dyeing

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.25 per cent

Can cause allergic reaction

30.9.2004

26

HC Orange No. 2 and its salts

Non-oxidising colouring agents for hair dyeing

1 per cent

30.9.2004

27

HC Violet No. 1 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

0.5 per cent

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.25 per cent

30.9.2004

28

2-(3-Methylamino-4-nitrophenoxy) ethanol and its salts

Non-oxidising colouring agents for hair dyeing

1 per cent

30.9.2004

29

2-(2-Methoxy-4-nitroanilino)ethanol and its salts

Non-oxidising colouring agents for hair dyeing

1 per cent

30.9.2004

30

2-(4-Amino-2-chloro-5-nitroanilino)ethanol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

31

HC Red No. 13

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2.5 per cent

2.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.25 per cent

30.9.2004

32

Naphthalene-1,5-diol and its salts

Oxidising colouring agents for hair dyeing

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.5 per cent

30.9.2004

33

2,2'-[2-Hydroxy-trimethylenebis(4-aminophenyl)imino] diethanol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

Can cause allergic reaction

30.9.2004

34

2-Aminophenol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

35

5-Amino-o-cresol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

36

2-(2,4-Diamino- phenoxy)ethanol and its salts

Oxidising colouring agents for hair dyeing

4 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 2 per cent

30.9.2004

37

2-Methylresorcinol and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

38

4-Amino-m-cresol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

39

2-Amino-4-hydroxyethyl- aminoanisole and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

40

3,4-Diaminobenzoic acid and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

41

6-Amino-o-cresol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

42

2-Aminomethyl-p-aminophenol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

43

4-Amino-2-(2-hydroxyethylaminomethyl) phenol and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

44

N-(2-Hydroxyethyl)-3,4-methylenedioxyaniline and its salts

Oxidising colouring agents for hair dyeing

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

45

C.I. Acid Black 52 and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

46

2-Nitro-p-phenylene- diamine and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

0.3 per cent

0.3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.15 per cent

30.9.2004

47

HC Blue No. 2 and its salts

Non-oxidising colouring agents for hair dyeing

2.8 per cent

30.9.2004

48

4-(2-Hydroxyethylamino)-3-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

6 per cent

6 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 3 per cent

30.9.2004

49

2-(4-Nitrophenylamino)- ethylurea and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

0.5 per cent

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.25 per cent

30.9.2004

50

HC Red No. 10 + HC Red No. 11 and their salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

51

HC Yellow No. 6 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

52

HC Yellow No. 12 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

1 per cent

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.5 per cent

30.9.2004

53

HC Blue No. 10 and its salts

Oxidising colouring agents for hair dyeing

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

54

HC Blue No. 9 and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

1 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

55

2-Chloro-6-ethylamino-4-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

3 per cent

3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1.5 per cent

30.9.2004

56

2-Amino-6-chloro-4-nitrophenol and its salts

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

2 per cent

2 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 1 per cent

30.9.2004

57

C.I. Basic Blue 26

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

0.5 per cent

0.5 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.25 per cent

30.9.2004

58

C.I. Acid Red 33

Non-oxidising colouring agents for hair dyeing

2 per cent

30.9.2004

59

C.I. Food Red 1

Non-oxidising colouring agents for hair dyeing

2 per cent

30.9.2004

60

C.I. Basic Violet 14

Oxidising colouring agents for hair dyeing

Non-oxidising colouring agents for hair dyeing

0.3 per cent

0.3 per cent

In combination with hydrogen peroxide the maximum use concentration upon application is 0.15 per cent

30.9.2004

61

1-tert-Butyl-3,5-dimethyl-2,4,6-trinitro- benzene (musk xylene)

All cosmetic products, with the exception of oral care products

1 per cent in fine fragrance

0.4 per cent in eau de toilette

0.03 per cent in other products

30.9.2004

62

4'-tert-Butyl-2',6'-dimethyl-3',5'-dinitro- acetophenone (musk ketone)

All cosmetic products, with the exception of oral care products

1.4 per cent in fine fragrance

0.56 per cent in eau de toilette

0.042 per cent in other products

30.9.2004

Combination Rules

  1. A.

    Where a cosmetic product contains two or more substances to which this Combination Rule applies, the concentration in the product of each of those substances shall be such that the sum of the relevant quotients for those substances (as defined in Rule C below) shall not exceed 1.

  2. B.

    Where a cosmetic product contains the substances to which this Combination Rule applies, the concentration in the product of each of those substances shall be such that the sum of the relevant quotients for those substances (as defined in Rule C below) shall not exceed 2; but the concentration of each substance shall not in any event exceed the limit specified for the substance in respect of the product in column 4 above.

  3. C.

    The relevant quotient for each substance is the actual concentration of the substance in the product divided by the maximum concentration specified for the substance in respect of the product in Column 4 of this Schedule.

SCHEDULE 5LIST OF COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT COLOURING AGENTS INTENDED SOLELY TO COLOUR HAIR AND EXCEPT SUBJECT TO RESTRICTIONS

Regulations 5(2) and 7(9)

In this Schedule the colouring agents referred to in regulation 5(2)(d) are—

(i)

those identified in column 1 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 Schedule 3.

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 23rd October 1962 on the approximation of the rules of member States concerning foodstuffs and colouring matter19, as amended20, adapted21 and replaced in part22 must fulfil the purity requirements laid down in those Directives.

PART ICOLOURING AGENTS LISTED IN ANNEX IV, PART 1 OF THE DIRECTIVE AS COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN

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 except cosmetic products intended 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.

(1)

(2)

(3)

(4)

Name or colour

Colour

Type of product

Other requirements

index number

Field of application

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

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

13015

Yellow

X

E 105

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

15620

Red

X

15630*

Red

X

3 per cent maximum concentration in the finished product

15800

Red

X

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'-dimethyl-benzidine concentration in the colouring agent: 5 mg/kg

20170

Orange

X

20470

Black

X

21100

Yellow

X

Maximum 3,3'-dichloro-benzidine concentration in the colouring agent: 5 mg/kg

21108

Yellow

X

Maximum 3,3'-dichloro-benzidine concentration in the colouring agent: 5 mg/kg

21230

Yellow

X

24790

Red

X

26100

Red

X

Purity criteria: aniline <= 0.2 per cent, 2-naphthol <= 0.2 per cent, azobenzen-4-amine <= 0.1 per cent, 1-phenylazo-2-naphthol <= 3 per cent, 1-[2-(phenylazo) phenylazo]-2-naphthol <= 2 per cent

27290*

Red

X

27755

Black

X

E 152

28440

Black

X

E 151

40215

Orange

X

40800

Orange

X

40820

Orange

X

E 160e

40825

Orange

X

E 160f

40850

Orange

X

E 161g

42045

Blue

X

42051*

Blue

X

E 131

42053

Green

X

42080

Blue

X

42090

Blue

X

42100

Green

X

42170

Green

X

42510

Violet

X

42520

Violet

X

Maximum concentration in the finished product: 5 mg/kg

42735

Blue

X

44045

Blue

X

44090

Green

X

E 142

45100

Red

X

45190

Violet

X

45220

Red

X

45350

Yellow

X

6 per cent. maximum 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

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

73915

Red

X

74100

Blue

X

74160

Blue

X

74180

Blue

X

74260

Green

X

75100

Yellow

X

75120

Orange

X

E 160b

75125

Yellow

X

E 160d

75130

Orange

X

E 160a

75135

Yellow

X

E 161d

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

Acid Red 195

Red

X

Aluminium, zinc, magnesium and calcium stearates

White

X

Anthocyanins

Red

X

E 163

Beetroot red

Red

X

E 162

Bromocresol green

Green

X

Bromothymol blue

Blue

X

Caramel

Brown

X

E 150

Capsanthin, capsorubin

Orange

X

E 160c

Lactoflavin

Yellow

X

E 101

PART IICOLOURING AGENTS LISTED IN ANNEX IV, PART 2 OF THE DIRECTIVE AS COLOURING AGENTS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN AND WHERE COSMETIC PRODUCT SUPPLIED BEFORE A CERTAIN DATE

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.

(1)

(2)

(3)

(4)

(5)

Name or colour

Colour

Type of product

Other requirements

Cosmetic product supplied until

index number

Field of application

1

2

3

4

Note: There are no entries in this Part at the date that these Regulations are made.

SCHEDULE 6LIST OF PRESERVATIVES WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS

Regulations 5(2) and 7(2)

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.

Names which appear in square brackets in column 2 of this Schedule are the INCI names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC23.

(1)

(2)

(3)

(4)

(5)

(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 (expressed as acid)

A

2

Propionic acid and its salts

All products

2 per cent (expressed as acid)

A

3

Salicylic acid and its salts

All products

0.5 per cent (expressed as 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 (expressed as acid)

A

5

Formaldehyde and para-formaldehyde

For oral hygiene

0.1 per cent (expressed as free formaldehyde)

Not to be used in aerosol dispensers (sprays)

Except for oral hygiene (see also Part I of Schedule 4)

0.2 per cent (expressed as free formaldehyde)

6

ENTRY DELETED

7

Biphenyl-2-ol [o-phenylphenol] and its salts

All products

0.2 per cent (expressed as the phenol)

A

8

Pyrithione zinc (INN) [Zinc pyrithione]

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 (expressed as free SO2)

A

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 [the Parabens]

All products

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

A

13

3-Acetyl-6-methylpyran-2,4(3H)-dione [Dehydroacetic acid] and its salts

All products

0.6 per cent (expressed as acid)

Not to be used in aerosol dispensers (sprays)

14

Formic acid and its sodium salt

All products

0.5 per cent (expressed as acid)

A

15

3,3'-Dibromo-4,4'-hexamethylenedioxydi-benzamidine [Dibromo-hexamidine] and its salts (including isethionate)

All products

0.1 per cent

16

Thiomersal (INN) [Thimerosal]

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 [Undecylenic acid] and its salts

All products

0.2 per cent (expressed as acid)

A

19

Hexetidine (INN)

Products rinsed off after use

0.1 per cent

A

20

5-Bromo-5-nitro-1,3-dioxane

Products rinsed off after use

0.1 per cent

Avoid formation of nitrosamines

21

ENTRY DELETED

22

2,4-Dichlorobenzyl alcohol [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 mg/kg

24

4-Chloro-m-cresol [p-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 [Chloroxylenol]

All products

0.5 per cent

A

27

3,3'-Bis(1-hydroxymethyl-2,5-dioxoimidazolidin-4-yl)-1,1'-methylenediurea [Imidazolidinyl urea]

All products

0.6 per cent

A

28

Poly(1-hexamethylene-biguanide hydrochloride) [Polyaminopropyl biguanide]

All products

0.3 per cent

A

29

ENTRY DELETED

30

Hexamethylenetetramine (Methenamine (INN)) [Methenamine]

All products

0.15 per cent

A

31

Methenamine 3-chloroallylo-chloride (INNM) [Quaternium-15]

All products

0.2 per cent

32

1-(4-Chlorophenoxy)-1-(imidazol-l-yl)-3,3-dimethylbutan-2-one (Climbazole (INN)) [Climbazole]

All products

0.5 per cent

A

33

1,3-Bis(hydroxymethyl)-5,5-dimethylimidazolidine-2,4-dione [DMDM Hydantoin]

All products

0.6 per cent

A

34

Benzyl alcohol (See also Part I of Schedule 4)

All products

1.0 per cent

A

35

1-Hydroxy-4-methyl-6-(2,4,4-trimethylpentyl)-2-pyridone and its monoethanolamine salt [Piroctone olamine]

Products rinsed off after use

Other products

1.0 per cent

0.5 per cent

A

A

36

1,2-Dibromo-2,4-dicyanobutane [Methyldibromo glutaronitrile]

All products

0.1 per cent

Not to be used in cosmetic sunscreen products at a concentration exceeding 0.025 per cent

37

6,6-Dibromo-4,4-dichloro-2,2'-methylenediphenol [Bromochlorophen]

All products

0.1 per cent

A

38

4-Isopropyl-m-cresol [o-Cymen-5-ol]

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 [Methylchloro- isothiazolinone and Methylisothiazolinone]

All products

0.0015 per cent of a mixture in the ratio 3:1 of 5-chloro-2-methylisothiazol-3(2H)-one to 2-methylisothiazol-3(2H)-one

40

2-Benzyl-4-chlorophenol [Chlorophene]

All products

0.2 per cent

41

2-Chloroacetamide [Chloroacetamide]

All products

0.3 per cent

Contains chloroacetamide

42

Chlorhexidine (INN) and its digluconate, diacetate and dihydrochloride

All products

0.3 per cent

A

43

1-Phenoxypropan-2-ol [Phenoxyisopropanol] (see also Part I of Schedule 4)

Products rinsed off after use

1.0 per cent

44

Alkyl (C12-C22)-trimethyl- ammonium bromide and chloride (Cetrimonium bromide (INN) and Cetrimonium chloride (INNM))

All products

0.1 per cent

A

45

4,4-Dimethyl-1,3-oxazolidine [Dimethyloxazolidine]

All products

0.1 per cent

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

46

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

All products

0.5 per cent

47

Hexamidine (INN) (4,4'-(Hexamethylenedioxy)- dibenzamidine) and its salts, including isethionate and p-hydroxybenzoate

All products

0.1 per cent

A

48

Glutaraldehyde (pentane-1,5-dial) [Glutaral]

All products

0.1 per cent

Prohibited in aerosols (sprays)

Contains glutaraldehyde (where glutaraldehyde concentration in the finished product exceeds 0.05 per cent

49

5-Ethyl-3,7-dioxa-1-azabicyclo[3.3.0]octane [7-Ethylbicyclo-oxazolidine]

All products

0.3 per cent

Prohibited in oral hygiene products and in products intended to come into contact with mucous membranes

50

Chlorphenesin (INN) [Chlorphenesin]

All products

0.3 per cent

51

Sodium N-hydroxymethyl- glycinate [Sodium hydroxymethylglycinate]

All products

0.5 per cent

52

Silver chloride deposited on titanium dioxide

Not to be used in products for children under three years of age, in oral hygiene products and in products intended for application around the eyes and on the lips

0.004 per cent. calculated as silver chloride

The ratio of titanium dioxide to silver chloride shall be 4:1 by mass

53

Benzethonium chloride (INN) [Benzethonium chloride]

Products rinsed off after use

0.1 per cent

54

Benzalkonium chloride, bromide and saccharinate

All products

0.1 per cent calculated as benzalkonoium chloride

A

Avoid contact with eyes

55

Benzylhemiformal

Products rinsed off after use

0.15 per cent

56

3-Iodoprop-2-ynyl butylcarbamate [Iodopropynyl butylcarbamate]

Not to be used in oral hygiene and lip products

0.05 per cent

Contains iodine (Only required where the 3-iodoprop-2-ynyl butylcarbamate concentration in products intended to remain on the skin exceeds 0.02 per cent)

(1)

(2)

(3)

(4)

(5)

(6)

(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 supply until

Note: There are no entries in this Part at the date that these Regulations are made.

SCHEDULE 7LIST OF UV FILTERS WHICH COSMETIC PRODUCTS MUST NOT CONTAIN EXCEPT SUBJECT TO RESTRICTIONS

Regulations 5(2) and 7(2)

In this Schedule, the matters specified in columns 3, 4 and 5 which apply to a particular substance are those set out to the right of its name as mentioned in column 2. The concentration of the substance in a product may not exceed the limit specified in column 3. 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 4. In column 3 of this Schedule, the percentage concentration is measured by reference to mass (m/m) unless a contrary intention appears.

Names which appear in square brackets in column 2 are the International Nomenclature Cosmetic Ingredient names of the substances in question given in the inventory of ingredients employed in cosmetic products drawn up in accordance with the provisions of the Directive and contained in Commission Decision 96/335/EC24.

PART IUV FILTERS LISTED IN ANNEX VII, PART 1 OF THE DIRECTIVE AS UV FILTERS WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN

(1)

(2)

(3)

(4)

(5)

Reference Number

Name of substance

Maximum concentration of substance in product

Other requirements

Required information

1

4-Aminobenzoic acid [PABA]

5 per cent

2

N,N,N-Trimethyl-4-(2-oxoborn-3-ylidenemethyl)anilinium methyl sulphate [Camphor benzalkonium methosulfate]

6 per cent

3

Homosalate (INN)

10 per cent

4

Oxybenzone (INN) [Benzophenone-3]

10 per cent

Contains oxybenzone. (Not required when concentration is not more than 0.5 per cent, and when the substance is only intended to protect the product.)

5

ENTRY DELETED.

6

2-Phenylbenzimidazole-5-sulphonic acid [Phenylbenzimidazole sulfonic acid] and its potassium, sodium and triethanolamine salts

8 per cent (expressed as acid)

7

3,3'(1,4-Phenylenedimethylene)- bis(7,7-dimethyl-2-oxo-bicyclo[2.2.1]hept-1-ylmethanesulfonic acid) [Terephthalylidene dicamphor sulfonic acid] and its salts

10 per cent (expressed as acid)

8

1-(4-tert-Butylphenyl)-3-(4-methoxyphenyl)propane-1,3-dione (Avobenzone (INN)) [Butyl methoxy dibenzoylmethane]

5 per cent

9

α-(2-Oxoborn-3-ylidene)toluene-4-sulphonic acid [Benzylidene camphor sulfonic acid] and its salts

6 per cent (expressed as acid)

10

2-Ethylhexyl 2-cyano-3,3-diphenylacrylate [Octocrylene]

10 per cent (expressed as acid)

11

Polymer of N-[(2 and 4)-[(2-oxoborn-3-ylidene)methyl]benzyl]acrylamide [Polyacrylamidomethyl benzylidene camphor]

6 per cent

12

2-Ethylhexyl 4-methoxycinnamate [Octyl methoxycinnamate]

10 per cent

13

Ethoxylated ethyl-4-aminobenzoate [PEG-25 PABA]

10 per cent

14

Isopentyl 4-methoxycinnamate [Isoamyl p-methoxycinnamate]

10 per cent

15

Tris(2-ethylhexyl) 4,4'4"-(1,3,5-triazine-2,4,6-triyltriimino)tribenzoate [Octyl triazone]

5 per cent

16

2-(2H-Benzotriazol-2-yl)-4-methyl-6-[2-methyl-3-[1,3,3,3-tetramethyl-1-(trimethylsilyloxy)disiloxan-1-yl]propyl]phenol [Drometrizole trisiloxane]

15 per cent

17

Bis(2-ethylhexyl) 4,4'-[6-tert-butylcarbamoylanilino)-1,3,5-triazine-2,4-diyldiimino]dibenzoate

10 per cent

18

3-(4-Methylbenzylidene)bornan-2-one [4-Methylbenzylidene camphor]

4 per cent

19

3-Benzylidenebornan-2-one [3-Benzylidene camphor]

2 per cent

20

2-Ethylhexyl salicylate [Octyl salicylate]

5 per cent

21

2-Ethylhexyl 4-dimethylaminobenzoate [Octyl dimethyl PABA]

8 per cent

22

2-Hydroxy-4-methoxybenzophenone-5-sulfonic acid [Benzophenone-4] and its sodium salt [Benzophenone-5] (Sulisobenzone (INN) and Sulisobenzone sodium (INNM))

5 per cent (expressed as acid)

23

2-2'-Methylenebis[6-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol]

10 per cent

24

diSodium 2,2'-(1,4-phenylene)bis(1H-benzimidazole-4,6-disulfonate)

10 per cent (expressed as acid)

25

5,5'-Bis(2-ethylhexyloxy)-2,2'-(6-p-methoxyphenyl-1,3,5-triazine-2,4-diyl)diphenol

10 per cent

26

α-(Trimethylsilyl)-w-(trimethylsilyloxy)poly- [dimethyl)silylene]-co-[oxy(methyl)(2-[p-[2,2-bis(ethoxycarbonyl)-vinyl]- phenoxy]-1-methyleneethyl)silylene]-co-[oxy(methyl)(2-[p-[2,2-bis(ethoxycarbonyl)vinyl)]- phenoxy]prop-1-enyl)silylene] where there are usually 60 polymeric units, of which the first part of the copolymer provides 56 (Dimethicodiethyl/Benzalmalonate)

10 per cent

27

Titanium dioxide.

25 per cent

PART IIUV FILTERS LISTED IN ANNEX VII, PART 2 OF THE DIRECTIVE AS UV FILTERS WHICH COSMETIC PRODUCTS MAY NOT CONTAIN EXCEPT SUBJECT TO THE RESTRICTIONS LAID DOWN AND WHERE SUPPLIED BEFORE A CERTAIN DATE

(1)

(2)

(3)

(4)

(5)

(6)

Reference Number

Name of substance

Maximum concentration of substance in product

Other requirements

Required information

UV filter supplied until

Note: There are no entries in this Part at the date that these Regulations are made.

SCHEDULE 8METHODS OF MANUFACTURE OF TALLOW DERIVATIVES

Regulation 5(5)

The following are the methods of manufacture referred to in regulation 5(5)—

(a)

transesterification or hydrolysis at at least 200°C, 40 bars (40,000 hPa) for 20 minutes (glycerol and fatty acids and esters);

(b)

saponification with sodium hydroxide solution, c(NaOH) = 12 mol/1 (glycerol and soap)—

(i)

batch process: at 95°C for three hours; or

(ii)

transesterification or hydrolysis at a temperature of at least 200°C and at an appropriate corresponding pressure, for 20 minutes (glycerol, fatty acids and fatty acid esters).

SCHEDULE 9SYMBOL IN ANNEX VIII OF THE DIRECTIVE WHICH IS REQUIRED FOR THE PURPOSES OF REGULATION 7(6) AND (11)

Regulations 7(6) and (11)

SCHEDULE 10

Regulation 12

PART IPARTICULARS TO BE INCLUDED WITH A REQUEST FOR CONFIDENTIALITY

1.

The name or trade name and address or registered office of the applicant.

2.

Precise identification of the cosmetic ingredient for which confidentiality is requested, namely—

(a)

where they exist, the CAS, EINECS and colour index numbers, the chemical name, the IUPAC name, the INCI name, the European Pharmacopoeia name, the International Non-proprietary Name as recommended by the World Health Organization and the common name as provided for in the common ingredients nomenclature;

(b)

the European List of Notified Chemical Substances (ELINCS) name and the official number allocated to it if it has been notified pursuant to Council Directive 67/548/EEC and an indication of the decision to approve or refuse any request for confidentiality made under Article 19 of that Directive;

(c)

where the names or numbers referred to in sub-paragraphs (a) and (b) above do not exist, for example in the case of certain ingredients of natural origin, the name of the base material, the name of the part of the plant or animal used and the names of the cosmetic ingredient’s compounds, such as solvents.

3.

The evaluation of the safety for human health of the cosmetic ingredient as used in the finished cosmetic product or products taking into account the cosmetic ingredient’s toxicological profile, chemical structure and the level of exposure as specified in regulation 9(1)(d) and carried out in accordance with the requirements of regulation 9(2) and (3).

4.

The envisaged use of the cosmetic ingredient and in particular the different categories of cosmetic products in which it will be used.

5.

A detailed justification of why confidentiality is sought addressing for example—

(a)

the fact that the identity of the cosmetic ingredient or its function in the cosmetic product to be supplied has not been described in the literature accompanying the cosmetic product and is unknown to other manufacturers or suppliers of cosmetic products;

(b)

the fact that the information is not yet in the public domain even though a patent application has been lodged for the cosmetic ingredient or its use;

(c)

the fact that if the information were known it would be easily reproducible, to the detriment of the applicant.

6.

(a)

If known, the name of each cosmetic product which is to contain the cosmetic ingredient and if different names are to be used in other member States, precise details of each one of them.

(b)

If the name of a cosmetic product is not yet known, it may be communicated at a later date, but at least 15 days before the cosmetic product is supplied.

(c)

If the cosmetic ingredient is used in several products, one request shall suffice, provided that the cosmetic products are clearly indicated to the competent authority.

7.

A statement setting out whether a request has been submitted to the competent authority of any other member State in respect of the cosmetic ingredient for which confidentiality is sought and particulars on the outcome of any such request.

PART IIPROCEDURE FOR GRANT OF REGISTRATION NUMBER

1.

The registration number referred to in regulation 12(5) shall consist of seven digits, the first two corresponding to the year of approval of confidentiality, the second two to the code assigned to each Member State, as referred to in paragraph 2 below, and the final three digits assigned by the competent authority.

2.

The code allocated to the United Kingdom is 06.

SCHEDULE 11SAMPLING AND TESTING

Regulation 15

1.

In this Schedule—

“Annex A” means the Annex to Commission Directive No. 80/1335/EEC25 as amended by Commission Directive No. 87/143/EEC26;
“Annex B” means the Annex to Commission Directive No. 82/434/EEC27 as amended by Commission Directive No. 90/207/EEC28;
“Annex C” means the Annex to Commission Directive No. 83/514/EEC29;
“Annex D” means the Annex to Commission Directive No. 85/490/EEC30;
“Annex E” means the Annex to Commission Directive No. 93/73/EEC31;
“Annex F” means the Annex to Commission Directive No. 95/32/EC32;
“Annex G” means the Annex to Commission Directive No. 96/45/EC33;

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

2.

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

(a)

the means of identifying the batch referred to in regulation 7(2)(g) above 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 regulation 7(2)(g) above 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 regulation 7(2)(g) above, 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 shall not have been opened by, on behalf of or at the request of the enforcement authority before the purchase takes place and the container shall 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 shall—

(a)

either—

(i)

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

(ii)

place the product in a container and forthwith 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)

his own name, and

(iv)

the name of the enforcement authority making the purchase.

5.

(1)

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

6.

(1)

Any test to determine whether a cosmetic product contains a significant amount of free sodium hydroxide or free potassium hydroxide shall 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 shall 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 shall, 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 shall, 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 shall be carried out in accordance with Part VI of Annex A and Commission Directive 87/143/EEC34, and shall 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, shall 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 shall 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 shall be carried out in accordance with Part B of Part I of Annex B.

(9)

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

(20)

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

(33)

Any test for the identification and determination of silver nitrate in a cosmetic product shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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”.

(41)

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 shall be carried out in accordance with Annex G.

(This note is not part of the Regulations)

These Regulations revoke and re-enact the Cosmetic Products (Safety) Regulations 1996 (S.I. 1996/2625 as amended by S.I. 1997/2914, S.I. 1998/1727, S.I. 1999/1552, S.I. 2000/1679 and S.I. 2000/2765; together “the 1996 Regulations”). The 1996 Regulations give effect to Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p. 169) on the approximation of the laws of the Member States relating to cosmetic products, as amended by the Community instruments listed in Schedule 2 to these Regulations.

These Regulations also give effect for the first time to Commission Directive 2002/34/EC (O.J. No. L102, 18.4.02, p.19) as follows—

(a)

in Schedule 1 to the 1996 Regulations (now Schedule 3 to these Regulations) relating to substances which cosmetic products (as defined in regulation 3(1)) of these Regulations) must not contain—

(i)

by amending entry 631 (now entry 634) relating to radioactive substances; and

(ii)

by inserting, as a new Part II to that Schedule, 29 new substances which cosmetic products must not contain when used as a fragrance ingredient;

(b)

in Part I of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances which cosmetic products must not contain except subject to the restrictions laid down—

(i)

by amending entries 8, 15b, 15c and 16 regarding m- and p-phenylenediamines, lithium hydroxide, calcium hydroxide and [1-n]aphthol respectively;

(ii)

by inserting a new entry 66 regarding polyacrylamides;

(c)

in Part II of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances provisionally allowed, by inserting 62 new substances; and

(d)

in Part I of Schedule 5 to the 1996 Regulations (now Schedule 7 to these Regulations) relating to UV filters (as defined in regulation 3(1) of these Regulations) which cosmetic products may not contain except subject to the restrictions laid down, by inserting new entries 26 and 27 regarding dimethicodiethylbenzalmalonate and titanium dioxide respectively.

In addition, the Regulations give effect for the first time to Commission Directive 2003/1/EC (O.J. No. L5, 10.1.03, p. 14) by substituting a new regulation 5(3) concerning specified risk material in relation to bovine, ovine and caprine animals. Regulation 5(3) prohibits the supply of a cosmetic product which contains any such specified risk material.

Furthermore, the Regulations give effect for the first time to Commission Directive 2003/16/EC (O.J. No. L46, 20.2.03, p. 24) by extending from 28th February 2003 to 30th September 2004 the date in column 7 of Part II of Schedule 4 to the Regulations by which substance numbers 61 and 62 are permitted to be used.

The Colour Index referred to in these Regulations may be obtained from the Society of Dyers and Colourists, PO Box No. 244, Perkin House, 88 Grattan Road, Bradford BDI 2JB.

The ninth edition of the International Cosmetic Ingredient Dictionary Handbook referred to in these Regulations may be obtained from Micelle Press, 12 Ullswater Crescent, Weymouth, Dorset DT3 5HE.

“A full regulatory impact assessment report of the effect that these Regulations would have on the costs to business, together with a Transposition Note, is freely available to the public from the Consumer and Competition Policy Directorate, Department of Trade and Industry, 4th Floor, 1 Victoria Street, London SW1H 0ET. Copies of the report have also been placed in the libraries of both Houses of Parliament.”