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The Cosmetic Products (Safety) Regulations 2004

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This is the original version (as it was originally made).

Enforcement

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16.—(1) No proceedings shall be brought and no enforcement action taken in respect of—

(a)any failure to comply with regulations 4, 5 (with the exception of 5(11) and 5(12)), 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 contravention of regulation 5(7) of the Cosmetic Products (Safety) Regulations 2003(1) once these regulations have come into force.

(3) No proceedings shall be brought and no enforcement action taken in respect of any contravention or failure to comply with these Regulations insofar as an entry in Part 2 of Schedule 1 to these Regulations is concerned in respect of a new substance in such an entry or where the cosmetic product in question complied with the entry as it appeared before 24th March 2005 and where the cosmetic product in question was—

(i)placed on the market before 24th March 2005; and

(ii)supplied before 24th September 2005.

(4) 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.

(1)

SI 2003/835 revoked by these regulations

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