# Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (Text with EEA relevance), Article 4: Responsible person

Extent: E+W+S+N.I.

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.

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Source: https://www.legislation.gov.uk/eur/2009/1223/article/4 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-1223/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.