Interpretation
2.—(1) In these Regulations–
“the Directive” means Council Directive No. 76/768/EEC(1) as amended by Council Directive No. 82/368/EEC(2), Commission Directive No. 82/147/EEC(3), Commission Directive No. 83/191/EEC(4), Commission Directive No. 83/341/EEC(5), Council Directive No. 83/574/EEC(6), Commission Directive No. 83/496/EEC(7), Commission Directive No. 84/415/EEC(8), Commission Directive No. 85/391/EEC(9), Commission Directive No. 86/179/EEC(10), Commission Directive No. 86/199/EEC(11), Commission Directive No. 87/137/EEC(12), Commission Directive No. 88/233/EEC(13), Council Directive No. 88/667/EEC(14) and Commission Directive No. 89/174/EEC(15);
“cosmetic product” means any substance or preparation intended to be applied to any part of the external surfaces of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or to the teeth or buccal mucosa wholly or mainly for the purpose of cleaning, perfuming or protecting them or keeping them in good condition or changing their appearance or combating body odour or perspiration except where such cleaning, perfuming, protecting, keeping, changing or combating is wholly for the purpose of treating or preventing disease;
“cosmetic product intended to come into contact with the mucous membranes” means a cosmetic product intended to be applied in the vicinity of the eyes, on the lips, in the oral cavity or to the external genital organs, and does not include any cosmetic product which is intended to come into only brief contact with the skin;
“market research experiment” means any activities conducted for the purpose of ascertaining the opinion of persons of–
any cosmetic product; or
anything in, on or with which the cosmetic product is supplied; or
the appearance or any other characteristic of the cosmetic product or any such thing; or
the name or description under which the cosmetic product is supplied.
A cosmetic product is not the subject of a market research experiment unless–
any person to whom a cosmetic product is supplied in the course of the experiment is informed, at or before the time at which it is supplied to him, that it is supplied for the purpose of a market research experiment and
no consideration in money or money’s worth is given by such a person for the cosmetic product or any other cosmetic product supplied to him for comparison.
“preservative” means a substance which is added to a cosmetic product for the primary purpose of inhibiting the development of micro-organisms in that product;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly; and
“UV filter” means a substance which is added to a sunscreen cosmetic product for the primary purpose of filtering ultra violet rays for the purpose of protecting the epidermis of the user from harmful effects of such ultra violet rays.
(2) References in these Regulations to a numbered regulation or Schedule are references to the regulation or Schedule so numbered in these Regulations.
O.J. No. L262, 27.9.76, p. 169.
O.J. No. L167, 15.6.82, p. 1.
O.J. No. L63, 6.3.82, p. 26.
O.J. No. L109, 26.4.83, p. 25.
O.J. No. L188, 13.7.83, p. 15.
O.J. No. L332, 28.11.83, p. 38.
O.J. No. L275, 8.10.83, p. 20.
O.J. No. L228, 25.8.84, p. 31.
O.J. No. L224, 22.8.85, p. 40.
O.J. No. L138, 24.5.86, p. 40.
O.J. No. L149, 3.6.86, p. 38.
O.J. No. L56, 26.2.87, p. 20.
O.J. No. L105, 26.4.88, p. 11.
O.J. No. L382, 31.12.88, p. 46.
O.J. No. L64, 8.3.89, p. 10.