Regulation 5 Particular requirementsI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 5 am by Cosmetic Products (Safety) 2006 reg 2
reg. 5(15)(d) words substituted by Cosmetic Products (Safety) 2006 reg. 2
reg. 5(15)(d) inserted by Cosmetic Products (Safety) 2006 reg. 2(2)
reg. 5(15) substituted by Cosmetic Products (Safety) 2004 reg. 2(2)(a)
reg. 5(16) words omitted by Cosmetic Products (Safety) 2004 reg. 2(2)(b)
reg 5 am by Cosmetic Products (Safety) 2005 reg 3(1), (2)
reg 5 am by Cosmetic Products (Safety) 2005 reg 2(1), (2)
reg. 5(2)(c) substituted by Cosmetic Products (Safety) 2007 reg. 2(2)
reg. 5(15) substituted by Cosmetic Products (Safety) 2007 reg. 2(3)

(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, 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 column 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 cosmetic product 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 cosmetic product 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 Council^f1, 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)

Subject to paragraph (8) below, no person shall supply a cosmetic product where the final formulation has been tested on animals in order that the cosmetic product might satisfy any requirements of these Regulations or the Directive using a method other than an alternative method where—

(a)

an alternative method is listed in column 4 of Part 1 or 2 of Schedule 12 to these Regulations; and

(b)

the final formulation is tested after the date given in column 5 of Part 1 or 2 of Schedule 12.

(8)

No person shall supply a cosmetic product where the final formulation has been tested on animals in order that the cosmetic product might satisfy any requirements of these Regulations or the Directive using a method other than an alternative method after—

(a)

11th March 2013 in relation to tests concerning repeated dose toxicity, reproductive toxicity and toxicokinetics; or

(b)

11th March 2009 in relation to all other tests.

(9)

Subject to paragraph (10) below, no person shall supply a cosmetic product which contains any ingredients or combination of ingredients which have been tested on animals in order that the cosmetic product, ingredient or combination of ingredients might satisfy any requirements of these Regulations or the Directive using a method other than an alternative method where—

(a)

an alternative method is listed in column 4 of Part 1 or 2 of Schedule 12 to these Regulations; and

(b)

the ingredient or combination of ingredients is tested after the date given in column 5 of Part 1 or 2 of Schedule 12.

(10)

No person shall supply a cosmetic product which contains any ingredients or combination of ingredients which have been tested on animals in order that the cosmetic product might satisfy any requirements of these Regulations or the Directive using a method other than an alternative method after—

(a)

11th March 2013 in relation to tests concerning repeated dose toxicity, reproductive toxicity and toxicokinetics; or

(b)

11th March 2009 in relation to all other tests.

(11)

No person shall test a finished cosmetic product on animals where such testing is undertaken in order that the said product might satisfy any requirements of these Regulations or the Directive.

(12)

Subject to paragraph (13) below, no person shall test any ingredient or combination of ingredients on animals in order to satisfy any requirement of these Regulations or the Directive using a method other than an alternative method where—

(a)

an alternative method is listed in column 4 of Part 1 or 2 of Schedule 12 to these Regulations; and

(b)

The ingredient or combination of ingredients is tested after the date given in column 5 of Part 1 or 2 of Schedule 12.

(13)

No person shall test any ingredient or combination of ingredients on animals in order to satisfy any requirement of these Regulations or the Directive using a method other than an alternative method after 11th March 2009.

(14)

The supply of any cosmetic product in respect of which a claim that the product or its ingredients have not been tested on animals appears on the packaging or in any document, notice, label, ring or collar accompanying or referring to the product is only permitted if—

(a)

the manufacturer and his supplier have not carried out any such tests on the finished product, its prototype or on any of the ingredients contained in the finished product or its prototype;

(b)

the manufacturer and his supplier have not commissioned any such tests on the finished product, its prototype or on any of the ingredients contained in the finished product or its prototype;

(c)

the cosmetic product contains no ingredients which have been tested on animals by others for the purpose of developing new cosmetic products.

(15)

No person shall supply a cosmetic product containing any substances classified as carcinogenic, mutagenic or toxic for reproduction of category 1, 2 or 3 in the approved supply list unless the substance is listed in Schedule 13 to these Regulations.

(16)

Paragraphs (14) and (15) above shall not apply to any cosmetic product placed on the market in a Member State before 11th September 2004.

Regulation 5 Particular requirementsI1

Annotations

Commencement

Footnotes