Statutory Instruments
CONSUMER PROTECTION
Made
1st April 2024
Laid before Parliament
3rd April 2024
Coming into force
22nd April 2024
The Secretary of State makes these Regulations in exercise of the power conferred by Article 31(1)(b) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products(1).
1.—(1) These Regulations may be cited as the Cosmetic Products (Restriction of Chemical Substances) Regulations 2024.
(2) These Regulations come into force 21 days after the day on which they are made.
(3) These Regulations extend to England and Wales and Scotland.
2.—(1) Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products is amended as follows.
(2) At the end of the table in Annex 3 (list of substances which cosmetic products must not contain except subject to the restrictions laid down), insert the entry set out in the Schedule to these Regulations.
3. Notwithstanding the amendment in regulation 2(2), a cosmetic product that is placed on the market on or prior to 24th February 2025 can continue to be made available on the market until the end of 24th June 2025.
Kevin Hollinrake
Minister of State for Enterprise, Markets and Small Business
Department for Business and Trade
1st April 2024
Regulation 2(2)
| 322 | 2,6-di-tert-butyl-4-methylphenol | Butylated hydroxytoluene | 128-37-0 | 204-881-4 | (a) Toothpaste (b) mouthwash (c) leave-on oral care products (d) other leave-on and rinse-off products | (a) 0.1% (b) 0.001% (c) 0.001% (d) 0.8% |
(This note is not part of the Regulations)
These Regulations amend assimilated law, Regulation (EC) No 1223/2009 (“the Cosmetics Regulation”) following advice from the Scientific Advisory Group on Chemical Safety on the safety of using butylated hydroxytoluene in cosmetic products.
Regulation 2 and the Schedule to these Regulations amend a technical annex to the Cosmetics Regulation to restrict the use of butylated hydroxytoluene in cosmetic products.
Regulation 3 provides for transitional arrangements for cosmetics products containing butylated hydroxytoluene and provides that where products were already placed on the market prior to 24th February 2025, they can continue to be made available on the market until 24th June 2025.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations and is available at www.legislation.gov.uk.
EUR 1223/2009 was incorporated into domestic law by virtue of section 3(1) of the European Union (Withdrawal) Act 2018 (c. 16) with relevant amendments made by S.I. 2019/696, 2022/659 and S.I. 2023/764.