The Cosmetic Products (Safety) (Amendment No. 2) Regulations 2008

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment No. 2) Regulations 2008 and shall come into force on 4th April 2009.

(2) In these Regulations “the Principal Regulations” means the Cosmetic Products (Safety) Regulations 2008(1).

Amendment to the Principal Regulations

2.  The Principal Regulations are amended as follows—

(a) in regulation 2, after paragraph (1A), insert—

“(1B) Cosmetic products which fail to comply with the restrictions on the substances specified in—

(a) column d of the entries relating to reference numbers 72, 73 and 89 in Part 1 of Schedule 4; and

(b) the final sentence in column e of the entry relating to reference number 88 in Part 1 of Schedule 4,

may not be placed on the market by EEA manufacturers or by importers established within the EEA after 3rd April 2009, and cosmetic products which fail to comply with this restriction may not be disposed of to the final consumer after 4th October 2009.”;

(b) in Schedule 2 (list of Directives implemented by the Principal Regulations) insert at the end—

“55.   Commission Directive 2008/42/EC (O.J. No. L93, 4.4.2008, p.13).”;

(c) in Schedule 3 (list of substances which must not form part of the composition of cosmetic products (unless otherwise specified)), the name of the substance in the second column in relation to reference number 1136 is replaced by the following—

“Exudation of Myroxylon pereirae (Royle) Kloztch (Peru balsam, crude), when used as a fragrance ingredient”; and

(d) in Part 1 of Schedule 4 (list of substances which cosmetic products must not contain except subject to restrictions and conditions)—

(i) the entry relating to reference number 68 is deleted;

(ii) the entries relating to reference numbers 45, 72, 73, 88 and 89 are replaced by the corresponding entries in Part 1 of the Schedule to these Regulations; and

(iii) after the entry relating to reference number 102, the entries relating to reference numbers 103 to 184, as set out in Part 2 of the Schedule to these Regulations, are added.

Gareth Thomas

Minister of State for Trade and Consumer Affairs

Department for Business, Enterprise & Regulatory Reform

30th September 2008