The Cosmetic Products (Safety) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Cosmetic Products (Safety) Regulations 1984 as amended. They implement the requirements of Council Directives No. 76/768/EEC, as amended the last amendments being Council Directive No. 88/667/EEC and Commission Directive 89/174/EEC, and of Commission Directives No. 80/1335/EEC, as amended, No. 82/434/EEC, No. 83/514/EEC and No. 85/490/EEC, relating to cosmetic products, and, as permitted by the Directives, impose certain additional requirements relating to the composition of cosmetic products. The Regulations are made under the Consumer Protection Act 1987 and the European Communities Act 1972.

The last amending Council and Commission Directives which are implemented for the first time by these Regulations–

1.  Require that marking information shall, if practicable, be borne on both the internal container and the outer packaging (regulation 6).

2.  Prohibit four substances from use in cosmetic products by the addition of their names to Schedule 1 to these Regulations. The substances being Amyl 4-dimethylaminobenzoate, mixed isomers (Padimate A (INN)), Benzoyl peroxide, 2-Amino-4-nitrophenol and 2-Amino-5-nitrophenol (Schedule 1, items 37, 38, 47 (496) and 87).

3.  Remove the authority to use oestrone by deleting the exemptions previously given for item 490 of Schedule 1 (Schedule 1, item 490).

4.  Remove the need for the requirement that the marking of hair care and soap products containing etidronic acid shall declare the fact (Schedule 2, Part I, item 53).

5.  Approve, provisionally and until 31st December 1990, the use of Quinolin-8-ol and bis (8-hydroxyquinolium) sulphate in certain stated types of cosmetics and at concentrations set out (Schedule 2, Part II, item 1).

6.  Delete from the list of provisionally approved colouring agents nine formerly allowed colouring agents, extend the authorisation dates for all other provisionally approved colouring agents to 31st December 1989 and limit the use of colouring agent 42535 in hair preparations to a maximum concentration of one hundred parts per million (Schedule 3, Part II).

7.  Reduce the permitted concentration for the use of 5-chloro-2-methyl-isothiazol-3(2H) one and 2-methyl-isothiazol-3(2H) one with magnesium chloride and magnesium nitrate as a preservative from 0.003 per cent to 0.0015 per cent (Schedule 4, Part I, item 39).

8.  Permit the use on a provisional basis, and until 31st December 1991, of Glutaraldehyde as a preservative (Schedule 4, Part II, item 26).

9.  Remove five provisionally approved preservatives and extend the allowed use of four others to 31st December 1989 (Schedule 4, Part II, items 1, 3, 4, 5, 15, 16, 19, 20 and 25).

10.  Reissue the list of currently provisionally approved ultra violet filters and extend their allowed use until 31st December 1991 (Schedule 5, Part 2).

The Colour Index referred to in these Regulations may be obtained from the Society of Dyers and Colourists, PO Box No. 244, 82, Grattan Road, Bradford BD1 2JB.