# The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, Paragraph 5: Substitution of Article 4


For Article 4 (responsible person) substitute—
“Article 4
Responsible person
1. A cosmetic product may not be placed on the market unless there is a responsible person established in the United Kingdom in respect of the cosmetic product.
2. Subject to paragraphs 6 and 7, a manufacturer of a cosmetic product is the responsible person in respect of that product where—
(a) the manufacturer is established in the United Kingdom; and
(b) the cosmetic product—
(i) is manufactured in the United Kingdom; and
(ii) after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.
3. Where paragraph 4 applies the manufacturer must ensure that—
(a) there is a person established in the United Kingdom designated by written mandate as the responsible person in respect of the cosmetic product; and
(b) that person has agreed in writing to be the responsible person in respect of that cosmetic product.
4. This paragraph applies where—
(a) a manufacturer of a cosmetic product is established in a country outside the United Kingdom; and
(b) the cosmetic product—
(i) is manufactured in the United Kingdom; and
(ii) after manufacture but prior to placing on the market is not exported and imported back into the United Kingdom.
5. Subject to paragraphs 6 and 7, any importer placing a cosmetic product on the market is the responsible person in respect of that cosmetic product.
6. An importer or a manufacturer established in the United Kingdom may by written mandate designate a person established in the United Kingdom as the responsible person.
7. Where the person designated by the importer or the manufacturer under paragraph 6 accepts the designation in writing, that person is the responsible person.
8. A distributor is the responsible person in respect of a cosmetic product where that distributor—
(a) places a product on the market under the distributor’s name or trademark; or
(b) modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.”.

---
Source: https://www.legislation.gov.uk/ukdsi/2019/9780111180402/schedule/34/paragraph/5 (the official version)
Page: https://openlegislation.uk/draft-product-safety-and-metrology-etc-amendment-etc-eu-exit-regulations-2019/schedule-34/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.