Statutory Instruments
2026 No. 109
CONSUMER PROTECTION
The Cosmetic Products Regulation (EC) No 1223/2009 (Restriction of Chemical Substances) (Amendment and Transitional Provisions) (No. 2) Regulations 2026
Made
4th February 2026
Laid before Parliament
9th February 2026
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 31(1)(f), 31(1)(g)(i) and 32(1) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products(1) (“the Cosmetic Regulation”).
In accordance with Article 31(1)(f) of the Cosmetic Regulation, the substances set out in Schedule 1 to these Regulations have been classified as CMR(2) substances of category 1B or 2 under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(3) (“the CLP Regulation”).
In accordance with Article 31(1)(g)(i) of the Cosmetic Regulation, hexyl 2-hydroxybenzoate has been classified as a CMR substance of category 2 under the CLP Regulation and the Secretary of State considers there is sufficient scientific evidence that this substance is safe for use in cosmetic products.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Cosmetic Products Regulation (EC) No 1223/2009 (Restriction of Chemical Substances) (Amendment and Transitional Provisions) (No. 2) Regulations 2026.
(2) Subject to paragraph (3), these Regulations come into force on 15th August 2026.
(3) Regulation 2(2) comes into force on 23rd March 2027.
(4) These Regulations extend to England and Wales and Scotland.
(5) In these Regulations “ the Cosmetic Regulation ” means Regulation of the European Parliament and of the Council on cosmetic products. (EC) No 1223/2009
Amendments to the Cosmetic Regulation
2.—(1) The Cosmetic Regulation is amended as follows.
(2) At the end of the table in Annex 2 (list of substances prohibited in cosmetic products), insert the entries set out in Schedule 1 to these Regulations.
(3) At the end of the table in Annex 3 (list of substances which cosmetic products must not contain except subject to the restrictions laid down), insert the entry set out in Schedule 2 to these Regulations.
Transitional Provisions
3.—(1) Despite the amendment made by regulation 2(2) of these Regulations, a cosmetic product placed on the market before 23rd March 2027 containing any of the substances inserted into Annex 2 to the Cosmetic Regulation by regulation 2(2) may continue to be made available on the market until the end of 22nd September 2027.
(2) Despite the amendment made by regulation 2(3) of these Regulations, a cosmetic product placed on the market before 15th August 2026 containing the substance inserted into Annex 3 to the Cosmetic Regulation by regulation 2(3) may continue to be made available on the market until the end of 14th February 2027.
Kate Dearden
Parliamentary Under-Secretary of State
Department for Business and Trade
4th February 2026
Regulation 2(2)
Schedule 1 Entries to be inserted into Annex 2
| “1761 | Sodium 3-(allyloxy)-2-hydroxypropanesulphonate | 52556-42-0 | 258-004-5 |
| 1762 | N,N’-Methylenediacrylamide | 110-26-9 | 203-750-9 |
| 1763 | Reaction mass of 1,3-dioxan-5-ol and 1,3-dioxolan-4-ylmethanol | ||
| 1764 | 1,4-Dichloro-2-nitrobenzene | 89-61-2 | 201-923-3 |
| 1765 | Pyraclostrobin (ISO); methyl N-{]2-{[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxymethyl}phenyl[} N-methoxy carbamate | 175013-18-0 | 605-747-1 |
| 1766 | Tert-Butyl 2-ethylperoxyhexanoate | 3006-82-4 | 221-110-7 |
| 1767 | Fenpropidin (ISO); (R,S)-1-[3-(4-tert-butylphenyl)-2- methylpropyl]piperidine | 67306-00-7 | |
| 1768 | 2-Ethylhexanoic acid, monoester with propane-1,2-diol | 85114-00-7 | 285-503-5 |
| 1769 | α,α’-Propylenedinitrilodi-o-cresol | 94-91-7 | 202-374-2 |
| 1770 | Ozone | 10028-15-6 | 233-069-2 |
| 1771 | 2-Phenylpropene; α-methylstyrene | 98-83-9 | 202-705-0 |
| 1772 |
Silver (nano) [particle diameter > 1 nm ≤ 100 nm] Silver (massive) [particle diameter ≥ 1 mm] | 7440-22-4 | 231-131-3 |
| 1773 | Dinitrogen oxide | 10024-97-2 | 233-032-0” |
Regulation 2(3)
Schedule 2 Entry to be inserted into Annex 3
| “325 | Hexyl 2-hydroxybenzoate | Hexyl Salicylate | 6259-76-3 | 228-408-6 |
(a) Fragrance products (spray and non-spray) (b) Rinse-off skin and hair products (c) Leave-on skin products (except fragrance products, face makeup products, lip products and deodorants (spray and non-spray)) (d) Lip products (e) Deodorant (spray and non-spray) (f) Leave-on hair products (spray and non-spray) (g) Face makeup products (h) Toothpaste and mouthwash (i) Nail products |
(a) (1) 0.1% (products intended for children 0–3 years) (2) 2% (products intended for children above 3 years and adults) (b) (1) 0.1% (products intended for children 0–3 years) (2) 0.5% (products intended for children above 3 years and adults) (c) (1) 0.1% (products intended for children 0–3 years) (2) 0.3% (products intended for children above 3 years and adults) (d) (1) 0.1% (products intended for children 0–3 years) (2) 0.3% (products intended for children above 3 years and adults) (e) 0.3% (products intended for children above 3 years and adults) (f) 0.3% (products intended for children above 3 years and adults) (g) 0.3% (products intended for children above 3 years and adults) (h) 0.001% (i) 0.5% (products intended for children above 3 years and adults)” |
EUR 2009/1223; relevant amending instruments are S.I. 2022/659, 2023/836, 2024/455, 2024/1334, 2025/413 and 2026/23.
For the definition of “CMR” see Article 2(1)(va) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products.
EUR 2008/1272, to which there are amendments not relevant to these Regulations.