Statutory Instruments
2005 No. 3346
CONSUMER PROTECTION
The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2005
Made
5th December 2005
Laid before Parliament
7th December 2005
Coming into force
31st December 2005
The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by section 11 of the Consumer Protection Act 1987( 1 ).
In accordance with section 11(5) of that Act he has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as he considers appropriate and the Health and Safety Commission.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) (No.2) Regulations 2005 and shall come into force on 31st December 2005.
(2) In these Regulations “the Principal Regulations” means the Cosmetic Products (Safety) Regulations 2004( 2 ).
Amendment to the Principal Regulations
2. —(1) The Principal Regulations are amended as follows.
(2) In regulation 5 for paragraph 15 there is substituted—
“ (15) No cosmetic product containing any substance listed in Annex II to the Directive—
(a) under entry numbers 452 to 1132 (inserted into the Directive by Directive 2004/93/ EC ) shall be—
(i) placed on the market after 1st January 2005;
(ii) supplied after 1st April 2005;
(b) under entry numbers 1133 to 1136 (inserted into the Directive by Directive 2005/42/EC ) shall be placed on the market or supplied after 30th March 2006. ” .
(3) In Schedule 2 at the end there is inserted—
“ 43. Commission Directive 2005/42/EC (O.J. No. L158, 21.6.2005, p.17) ” ; and
“ 44. Commission Directive 2005/52/EC (O.J. No. L234, 10.9.2005, p. 9) ” .
(4) In Schedule 3—
(a) in Part 1 at the end there is inserted the entry in Part 1 of the Schedule to these Regulations;
(b) in Part 2 for the entry numbered 29 there is substituted “ENTRY DELETED”.
(5) In Schedule 4 in Part 2—
(a) in the entries numbered 1, 2, 8, 13, 15, 17, 23, 30, 34, 40, 41, 42, 43, 45, 46, 51, 52, 53, 54, 57, 59 and 60, for the date “31.12.2005” in the 7th column wherever it occurs there is substituted “31.8.2006”;
(b) in the entries numbered 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 39, 44, 47, 48, 49, 50, 55, 56 and 58, for the date “31.12.2005” in the 7th column wherever it occurs there is substituted “31.12.2006”.
(6) The entries numbered 12150, 20170 and 27290 in Part 1 of Schedule 5 are omitted, subject to paragraph 7.
(7) Paragraph (6) shall only have effect in relation to cosmetic products supplied after 30th March 2006.
(8) In Schedule 6 in Part 1—
(a) for the entry numbered 53 there is substituted the corresponding entry in Part 2 of the Schedule to these Regulations;
(b) at the end there is inserted the entry numbered 57 in Part 2 of the Schedule to these Regulations.
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department of Trade and Industry
5th December 2005
Regulation 2
SCHEDULE
PART 1
Entry inserted at the end of Part 1 of Schedule 3 to the Principal Regulations
(1) Number in this Schedule | (2 Name of Substance | (3 Cross-reference to this Schedule | (4) Cross-reference to Annex II of the Directive |
|---|---|---|---|
| 770 | Methyleugenol (except for normal content in the natural essences used, and provided that the concentration does not exceed: (a) 0.01 per cent in fine fragrance; (b) 0.004 per cent in eau de toilette; (c) 0.002 per cent in fragrance cream; (d) 0.001 per cent in rinse-off products; and (e) 0.0002 per cent in other leave-on products and oral hygiene products) | - | 451 |
PART 2
Entries inserted into Part 1 of Schedule 6 to the Principal Regulations
(1) Reference Number | (2) Name of Substance | (3) Purpose of Substance or type of product | (4) Maximum concentration of substance in product | (5) Other requirements | (6) Required information |
|---|---|---|---|---|---|
| 53 | Benzethonium Chloride (INCI) | (a) Rinse-off products | 0.1% | ||
(b) Leave-on products other than for oral care use | 0.1% | ||||
| 57 | Methylisothia-zolinone (INCI) | 0.01% |