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Statutory Instruments

2009 No. 1346

Consumer Protection

The Cosmetic Products (Safety) (Amendment No.2) Regulations 2009

Made

30th May 2009

Laid before Parliament

3rd June 2009

Coming into force in accordance with regulation 1(2) to (5)

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 I1

1. —(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment No. 2) Regulations 2009.

(2) Regulations 2(a) and 2(d)(ii) shall come into force on 8th July 2009.

(3) Regulations 2(b)(i) and 2(d)(i) shall come into force on 8th October 2009.

(4) Regulations 2(b)(ii) and 2(c), except in so far as it relates to item 185 of Schedule 2 to these Regulations, shall come into force on 5th November 2009.

(5) Regulation 2(c) in so far as it relates to item 185 of Schedule 2 to these Regulations shall come into force on 5th February 2010.

(6) In these Regulations “the Principal Regulations” means the Cosmetic Products (Safety) Regulations 2008 ( 2 ).

Prospective

Amendment to the Principal Regulations I2,I3,I4,I5,I6

2. The Principal Regulations are amended as follows—

(a) in Schedule 2 insert at the end—

57. Commission Directive 2008/123/ EC (O.J. No. L340, 19.12.2008, p. 71-72).

58. Commission Directive 2009/6/EC (O.J. No. L36, 5.2.2009, p. 15-17). ;

(b) in Schedule 3—

(i) for the wording in the second column of entry 167 substitute “4-amniobenzoic acid and its esters, with the free amino group”;

(ii) at the end insert the entries in Schedule 1 to these Regulations.

(c) in Part 1 of Schedule 4 after entry 184 insert the entries in Schedule 2 to these Regulations; and

(d) in Part 1 of Schedule 7—

(i) the entry relating to reference number 1 is deleted; and

(ii) in the entry relating to reference number 28, in column c the words “in sunscreen products” are deleted.

Gareth Thomas

Parliamentary Under Secretary of State for Trade and Consumer Affairs

Department for Business, Enterprise & Regulatory Reform

30th May 2009

Prospective

Regulation 2(b)(ii)

SCHEDULE 1 I7

No. Name of substance EC No. CAS No.
1370

Diethylene glycol (DEG), for traces level see Schedule 4, Part 1

2,2’-oxydiethanol

203-872-2 111-46-6
1371 Phytonadione [INCI], phytomenadione [INN] 201-564-2’ 84-80-0/81818-54-4

Regulation 2(c)

SCHEDULE 2 I8,I9

Reference number Substance Restrictions Conditions of use and warnings which must be printed on the label
Field of application and/or use Maximum authorised concentration in the finished cosmetic product Other limitations and requirements
a b c d e f
185

Toluene

(CAS No 108-88-3)

(EC No 203-625-9)

Nail products 25%

Keep out of reach of children

To be used by adults only

186

Diethylene glycol (DEG) (CAS No 111-46-6)

(EC No 203-872-2)

2,2’-oxydiethanol

Traces in ingredients 0.1%
187

Butoxydiglycol

(CAS No 112-34-5)

(EC No 203-961-6)

diethylene glycol monobutyl ether (DEGBE)

Solvent in hair dye products 9% No use in aerosol dispensers (sprays)
188

Butoxyethanol

(CAS No 111-76-2)

(EC No 203-905-0)

ethylene glycol monobutyl ether (EGBE)

Solvent in oxidative hair dye products 4.0% No use in aerosol dispensers (sprays)
Solvent in non-oxidative hair dye products 2.0% No use in aerosol dispensers (sprays)
( 1 )

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 .

Status: There are outstanding changes not yet made by the editorial team to The Cosmetic Products (Safety) (Amendment No.2) Regulations 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Cosmetic Products (Safety) (Amendment No.2) Regulations 2009 (2009/1346)
Version from: [subject to the status notice] 30 May 2009

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
I1 Reg. 1 in force at made date, see reg. 1
I2 Reg. 2(a)(d)(ii) in force at 8.7.2009, see reg. 1(2)
I3 Reg. 2(b)(i)(d)(i) in force at 8.10.2009, see reg. 1(3)
I4 Reg. 2(b)(ii) in force at 5.11.2009, see reg. 1(4)
I5 Reg. 2(c) in force at 5.11.2009 for specified purposes, see reg. 1(4) text for certain specified purposes only, see the commentary. check commentary
I6 Reg. 2(c) in force at 5.2.2010 in so far as not already in force, see reg. 1(5)
I7 Sch. 1 in force at 5.9.2009, see reg. 1(4)
I8 Sch. 2 in force at 5.9.2009 for specified purposes, see reg. 1(4) text for certain specified purposes only, see the commentary. check commentary
I9 Sch. 2 in force at 5.2.2010 in so far as not already in force, see reg. 1(5)
Defined Term Section/Article ID Scope of Application
the Principal Regulations reg. 1. def_a8a0980085

Status of changes to instrument text

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