The Cosmetic Products (Safety) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact the Cosmetic Products (Safety) Regulations 1996 (S.I. 1996/2625 as amended by S.I. 1997/2914, S.I. 1998/1727, S.I. 1999/1552, S.I. 2000/1679 and S.I. 2000/2765; together “the 1996 Regulations”). The 1996 Regulations give effect to Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p. 169) on the approximation of the laws of the Member States relating to cosmetic products, as amended by the Community instruments listed in Schedule 2 to these Regulations.

These Regulations also give effect for the first time to Commission Directive 2002/34/EC (O.J. No. L102, 18.4.02, p.19) as follows—

(a) in Schedule 1 to the 1996 Regulations (now Schedule 3 to these Regulations) relating to substances which cosmetic products (as defined in regulation 3(1)) of these Regulations) must not contain—

(i) by amending entry 631 (now entry 634) relating to radioactive substances; and

(ii) by inserting, as a new Part II to that Schedule, 29 new substances which cosmetic products must not contain when used as a fragrance ingredient;

(b) in Part I of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances which cosmetic products must not contain except subject to the restrictions laid down—

(i) by amending entries 8, 15b, 15c and 16 regarding m- and p-phenylenediamines, lithium hydroxide, calcium hydroxide and [1-n]aphthol respectively;

(ii) by inserting a new entry 66 regarding polyacrylamides;

(c) in Part II of Schedule 2 to the 1996 Regulations (now Schedule 4 to these Regulations) relating to substances provisionally allowed, by inserting 62 new substances; and

(d) in Part I of Schedule 5 to the 1996 Regulations (now Schedule 7 to these Regulations) relating to UV filters (as defined in regulation 3(1) of these Regulations) which cosmetic products may not contain except subject to the restrictions laid down, by inserting new entries 26 and 27 regarding dimethicodiethylbenzalmalonate and titanium dioxide respectively.

In addition, the Regulations give effect for the first time to Commission Directive 2003/1/EC (O.J. No. L5, 10.1.03, p. 14) by substituting a new regulation 5(3) concerning specified risk material in relation to bovine, ovine and caprine animals. Regulation 5(3) prohibits the supply of a cosmetic product which contains any such specified risk material.

Furthermore, the Regulations give effect for the first time to Commission Directive 2003/16/EC (O.J. No. L46, 20.2.03, p. 24) by extending from 28th February 2003 to 30th September 2004 the date in column 7 of Part II of Schedule 4 to the Regulations by which substance numbers 61 and 62 are permitted to be used.

The Colour Index referred to in these Regulations may be obtained from the Society of Dyers and Colourists, PO Box No. 244, Perkin House, 88 Grattan Road, Bradford BDI 2JB.

The ninth edition of the International Cosmetic Ingredient Dictionary Handbook referred to in these Regulations may be obtained from Micelle Press, 12 Ullswater Crescent, Weymouth, Dorset DT3 5HE.

“A full regulatory impact assessment report of the effect that these Regulations would have on the costs to business, together with a Transposition Note, is freely available to the public from the Consumer and Competition Policy Directorate, Department of Trade and Industry, 4th Floor, 1 Victoria Street, London SW1H 0ET. Copies of the report have also been placed in the libraries of both Houses of Parliament.”