CHAPTER VIIINON-COMPLIANCE, SAFEGUARD CLAUSE

Article 27Safeguard clause

1

In the case of products meeting the requirements listed in Article 25(1), where F1an enforcement authority ascertains, or has reasonable grounds for concern, that a cosmetic product or products made available on the market present or could present a serious risk to human health, it shall take all appropriate provisional measures in order to ensure that the product or products concerned are withdrawn, recalled or their availability is otherwise restricted.

F22

An enforcement authority which is not the Secretary of State must obtain authorisation from the Secretary of State by requesting the authorisation in accordance with regulation 11 of the Enforcement Regulations prior to taking provisional measures under this Article.

3

The F3Secretary of State must determine, as soon as possible, whether the provisional measures referred to in paragraph 1 are justified or not. For that purpose F4the Secretary of State must, whenever possible, consult F5any person the Secretary of State considers has an interest in the measure.

F64

Where the provisional measures are justified the Secretary of State must give authorisation to the enforcement authority to take those measures.

F75

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