Statutory Instruments
2009 No. 796
Consumer Protection
The Cosmetic Products (Safety) (Amendment) Regulations 2009
Made
23rd March 2009
Laid before Parliament
30th March 2009
Coming into force
14th October 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 11 of the Consumer Protection Act 1987(1).
In accordance with section 11(5) of that Act the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as are considered appropriate and the Health and Safety Executive.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) Regulations 2009 and shall come into force on 14th October 2009.
(2) In these Regulations “the Principal Regulations” means the Cosmetic Products (Safety) Regulations 2008(2).
Amendment to the Principal Regulations
2. The Principal Regulations are amended as follows—
(a)in Schedule 2 insert at the end—
“56. Commission Directive 2008/88/EC (O.J. No. L256, 24.9.2008, p.12).”;
(b)in Schedule 3, after the entry relating to reference number 1328, the entries relating to reference numbers 1329 to 1369, as set out in the Schedule to these Regulations, are added; and
(c)in Schedule 4
(i)in Part 1—
(aa)the entry relating to reference number 10 is deleted;
(bb)in the entry in column (c) of reference number 14, item (a) is deleted;
(ii)in Part 2 the entries relating to reference numbers 59 and 60 are deleted.
Gareth Thomas
Minister of State for Trade, Development and Consumer Affairs
Department for Business, Enterprise & Regulatory Reform
23rd March 2009
Regulation 2(b)
SCHEDULE
| No. | Name of Substance | EC No | CAS No. |
|---|---|---|---|
| 1329 | 4-[(4-Aminophenyl)(4-iminocyclohexa-2,5-dien-1-ylidene)methyl]-o-toluidine | 3248-93-9 | |
| and its hydrochloride salt (Basic Violet 14; CI 42510) when used as a substance in hair dye products | 632-99-5 | ||
| 1330 | 4-(2,4-Dihydroxyphenylazo)benzenesulphonic acid | 2050-34-2 | |
| (and its sodium salt (Acid Orange 6; CI 14270) when used as a substance in hair dye products) | 547-57-9 | ||
| 1331 | 3-Hydroxy-4-(phenylazo)-2-naphthoic acid | 27757-79-5 | |
| and its calcium salt (Pigment Red 64:1; CI 15800) , when used as a substance in hair dye products | 6371-76-2 | ||
| 1332 | 2-(6-Hydroxy-3-oxo-(3H)-xanthen-9-yl)benzoic acid; | ||
| Fluorescein and its disodium salt (Acid yellow 73 sodium salt; CI 45350), when used as a substance in hair dye products | 2321-07-5 518-47-8 | ||
| 1333 | 4′,5′-Dibromo-3′,6′-dihydroxyspiro[isobenzofuran-1(3H),9′-[9H]xanthene]-3-one; 4′,5′-Dibromofluorescein; | ||
| (Solvent Red 72) and its disodium salt (CI 45370) when used as a substance in hair dye products | 596-03-2 4372-02-5 | ||
| 1334 | 2-(3,6-Dihydroxy-2,4,5,7-tetrabromoxanthen-9-yl)-benzoic acid; Fluorescein, 2′,4′,5′,7′-tetrabromo-; | ||
(Solvent Red 43), its disodium salt (Acid Red 87; CI 45380) | 15086-94-9 17372-87-1 | ||
| and its aluminium salt (Pigment Red 90:1 Aluminium lake) when used as a substance in hair dye products | 15876-39-8 | ||
| 1335 | Xanthylium, 9-(2-carboxyphenyl)-3-(2-methylphenyl)amino)-6-((2-methyl-4-sulfophenyl)amino)-, inner salt | 10213-95-3 | |
| and its sodium salt (Acid Violet 9; CI 45190) when used as a substance in hair dye products | 6252-76-2 | ||
| 1336 | 3′,6′-Dihydroxy-4′,5′-diiodospiro(isobenzofuran-1(3H),9′-[9H]xanthene)-3-one; (Solvent Red 73) | 38577-97-8 | |
| and its sodium salt (Acid Red 95; CI 45425) when used as a substance in hair dye products | 33239-19-9 | ||
| 1337 | 2′,4′,5′,7′-Tetraiodofluorescein, | 15905-32-5 | |
| its disodium salt (Acid Red 51; CI 45430) | 16423-68-0 | ||
| and its aluminium salt (Pigment Red 172 Aluminium lake) when used as a substance in hair dye products | 12227-78-0 | ||
| 1338 | 1-Hydroxy-2,4-diaminobenzene (2,4-Diaminophenol) | 95-86-3 | |
| and its dihydrochloride salt (2,4-Diaminophenol HCl) when used as a substance in hair dye products | 137-09-7 | ||
| 1339 | 1,4-Dihydroxybenzene (Hydroquinone) when used as a substance in hair dye products | 123-31-9 | |
| 1340 | [4-[[4-anilino-1-naphthyl][4-(dimethylamino)phenyl]methylene]cyclohexa-2,5-dien-1-ylidene]dimethylammonium chloride (Basic Blue 26; CI 44045) when used as a substance in hair dye products | 2580-56-5 | |
| 1341 | Disodium 3-[(2,4-dimethyl-5-sulphonatophenyl)azo]-4-hydroxynaphthalene-1-sulphonate (Ponceau SX; CI 14700) when used as a substance in hair dye products | 4548-53-2 | |
| 1342 | Trisodium tris[5,6-dihydro-5-(hydroxyimino)-6-oxonaphthalene-2-sulphonato(2-)-N5,O6]ferrate(3-) (Acid Green 1; CI 10020) when used as a substance in hair dye products | 19381-50-1 | |
| 1343 | 4-(Phenylazo)resorcinol (Solvent Orange 1; CI 11920) and its salts, when used as a substance in hair dye products | 2051-85-6 | |
| 1344 | 4-[(4-Ethoxyphenyl)azo]naphthol (Solvent Red 3; CI 12010) and its salts, when used as a substance in hair dye products | 6535-42-8 | |
| 1345 | 1-[(2-Chloro-4-nitrophenyl)azo]-2-naphthol (Pigment Red 4; CI 12085) and its salts when used as a substance in hair dye products | 2814-77-9 | |
| 1346 | 3-Hydroxy-N-(o-tolyl)-4-[(2,4,5-trichlorophenyl)azo]naphthalene-2-carboxamide (Pigment Red 112; CI 12370) and its salts when used as a substance in hair dye products | 6535-46-2 | |
| 1347 | N-(5-Chloro-2,4-dimethoxyphenyl)-4-[[5-[(diethylamino)sulphonyl]-2-methoxyphenyl]azo]-3-hydroxynaphthalene-2-carboxamide (Pigment Red 5; CI 12490) and its salts when used as a substance in hair dye products | 6410-41-9 | |
| 1348 | Disodium 4-[(5-chloro-4-methyl-2-sulphonatophenyl)azo]-3-hydroxy-2-naphthoate (Pigment Red 48; CI 15865) when used as a substance in hair dye products | 3564-21-4 | |
| 1349 | Calcium 3-hydroxy-4-[(1-sulphonato-2-naphthyl)azo]-2-naphthoate (Pigment Red 63:1; CI 15880) when used as a substance in hair dye products | 6417-83-0 | |
| 1350 | Trisodium 3-hydroxy-4-(4′-sulphonatonaphthylazo)naphthalene-2,7-disulphonate (Acid Red 27; CI 16185) when used as a substance in hair dye products | 915-67-3 | |
| 1351 | 2,2′-[(3,3′-Dichloro[1,1′-biphenyl]-4,4′-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] (Pigment Yellow 13; CI 21100) when used as a substance in hair dye products | 5102-83-0 | |
| 1352 | 2,2′-[Cyclohexylidenebis[(2-methyl-4,1-phenylene)azo]]bis[4-cyclohexylphenol] (Solvent Yellow 29; CI 21230) when used as a substance in hair dye products | 6706-82-7 | |
| 1353 | 1-((4-Phenylazo)phenylazo)-2-naphthol (Solvent Red 23; CI 26100) when used as a substance in hair dye products | 85-86-9 | |
| 1354 | Tetrasodium 6-amino-4-hydroxy-3-[[7-sulphonato-4-[(4-sulphonatophenyl)azo]-1-naphthyl]azo]naphthalene-2,7-disulphonate (Food Black 2; CI 27755) when used as a substance in hair dye products | 2118-39-0 | |
| 1355 | Ethanaminium, N-(4-((4-(diethylamino)phenyl)(2,4-disulfophenyl)methylene)-2,5-cyclohexadien-1-ylidene)-N-ethyl-, hydroxide, inner salt, sodium salt (Acid Blue 1; CI 42045) when used as a substance in hair dye products | 129-17-9 | |
| 1356 | Ethanaminium, N-(4-((4-(diethylamino)phenyl)(5-hydroxy-2,4-disulfophenyl)methylene)-2,5-cyclohexadien-1-ylidene)-N-ethyl-, hydroxide, inner salt, calcium salt (2:1) (Acid Blue 3; CI 42051) when used as a substance in hair dye products | 3536-49-0 | |
| 1357 | Benzenemethanaminium, N-ethyl-N-(4-((4-(ethyl((3-sulfophenyl)methyl)amino)phenyl)(4-hydroxy-2-sulfophenyl) methylene)-2,5-cyclohexadien-1-ylidene)-3-sulfo-, hydroxide, inner salt, disodium salt (Fast Green FCF; CI 42053) when used as a substance in hair dye products | 2353-45-9 | |
| 1358 | 1,3-Isobenzofurandione, reaction products with methylquinoline and quinoline (Solvent Yellow 33; CI 47000) when used as a substance in hair dye products | 8003-22-3 | |
| 1359 | Nigrosine (CI 50420) when used as a substance in hair dye products | 8005-03-6 | |
| 1360 | 8,18-Dichloro-5,15-diethyl-5,15-dihydrodiindolo[3,2-b:3′,2′-m]triphenodioxazine (Pigment Violet 23; CI 51319) when used as a substance in hair dye products | 6358-30-1 | |
| 1361 | 1,2-Dihydroxyanthraquinone (Pigment Red 83; CI 58000) when used as a substance in hair dye products | 72-48-0 | |
| 1362 | Trisodium 8-hydroxypyrene-1,3,6-trisulphonate (Solvent Green 7; CI 59040) when used as a substance in hair dye products | 6358-69-6 | |
| 1363 | 1-Hydroxy-4-(p-toluidino)anthraquinone (Solvent Violet 13; CI 60725) , when used as a substance in hair dye products | 81-48-1 | |
| 1364 | 1,4-bis(p-Tolylamino)anthraquinone (Solvent Green 3; CI 61565) when used as a substance in hair dye products | 128-80-3 | |
| 1365 | 6-Chloro-2-(6-chloro-4-methyl-3-oxobenzo[b]thien-2(3H)-ylidene)-4-methylbenzo[b]thiophene-3(2H)-one (VAT Red 1; CI 73360) when used as a substance in hair dye products | 2379-74-0 | |
| 1366 | 5,12-Dihydroquino[2,3-b]acridine-7,14-dione (Pigment Violet 19; CI 73900) when used as a substance in hair dye products | 1047-16-1 | |
| 1367 | (29H,31H-Phthalocyaninato(2-)-N29,N30,N31,N32)copper (Pigment Blue 15; CI 74160) when used as a substance in hair dye products | 147-14-8 | |
| 1368 | Disodium [29H,31H-phthalocyaninedisulphonato(4-)-N29,N30,N31,N32]cuprate(2-) (Direct Blue 86; CI 74180) when used as a substance in hair dye products | 1330-38-7 | |
| 1369 | Polychloro copper phthalocyanine (Pigment Green 7; CI 74260) when used as a substance in hair dye products | 1328-53-6 |
EXPLANATORY NOTE
(This note is not part of the Regulation)
These Regulations amend the Cosmetic Products (Safety) Regulations 2008 (S.I. 2008/1284) (“the Principal Regulations”) to give effect to Commission Directive 2008/88/EC (O.J. No. L256, 24.9.2008, p.12) (as amended by the corrigenda) (O.J. No. L263/26 of 2.10.2008) (“the Directive”). The Directive amends Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p.169) on the approximation of the laws of the Member States on cosmetic products. Council Directive 76/768/EEC (as previously amended) has been implemented by the Principal Regulations.
Paragraph (a) of regulation 2 adds the Directive to the list of Directives implemented by the Principal Regulations in Schedule 2. Paragraph (b) adds certain substances to Schedule 3 to the Principal Regulations (list of substances which must not form part of the composition of cosmetic products (unless otherwise specified)) which must not be used as part of the composition of hair dyes after 14th October 2009. Paragraph (c) amends Part 1 of Schedule 4 (list of substances which cosmetic products must not contain except subject to restrictions and conditions) and Part 2 of Schedule 4 (substances listed in Part 2 of Annex III to the Directive which are provisionally allowed) to the Principal Regulations.
An impact assessment has not been produced for this instrument as it has no significant impact on the costs of business. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET.
1987 c.43. Section 11(1) has been amended by S.I. 2005/1803, and section 11(5) has been amended by S.I. 2008/960.
S.I. 2008/1284, as amended by S.I. 2008/2173 and S.I. 2008/2566.