Cosmetic Products Enforcement Regulations 2013
What this means for your business
- Enforced by
- OPSS
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 1 practical guide
What you must do
6 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 1
Provide English label information for all cosmetics
If you are the responsible person for a cosmetic product, you must make sure all mandatory labelling details are shown on the packaging (or on a label, tag, tape, card, leaflet, or nearby notice) and that this information is provided in English. This applies whether the product is pre‑packaged or supplied loose at the point of sale.
Notifications 1
Provide required information when notifying the Secretary of State
If you need to ask for authorisation of a cosmetic product or notify the Secretary of State about enforcement action, you must submit a written request that includes details to identify the product, the risk assessment and test results, any measures taken, and information on where the product will be supplied.
Offences and prohibitions 4
Breach EU Cosmetics Regulation obligations
12 months imprisonmentIf your business fails to follow any requirement of the EU Cosmetics Regulation – for example by selling non‑compliant products, obstructing inspectors, refusing to give information, providing false data, or not producing requested records – you commit a criminal offence. The same applies if you ignore enforcement notices (e.g. corrective actions or safeguards) issued by the OPSS or Trading Standards. Conviction can lead to unlimited fines and/or imprisonment, with the case tried either in the Magistrates’ Court or Crown Court depending on the seriousness.
Breach of cosmetic product regulations
12 months imprisonmentIf you place a cosmetic product on the UK market without complying with the relevant EU Cosmetics Regulation articles – for example by failing to meet safety, labelling or ingredient requirements – you commit a criminal offence. On conviction you can be fined up to an unlimited amount and, on the most serious breaches, face up to 12 months’ imprisonment. The offence can be tried in either the Magistrates' Court (summary) or the Crown Court (indictable).
Breach of EU cosmetics regulation requirements
2 years imprisonmentIf you place a cosmetic product on the market without meeting any of the safety, labelling, composition, notification or other obligations set out in the EU Cosmetics Regulation (for example, failing to carry out a safety assessment, keep a product information file, or correctly label the product), you commit a criminal offence. On conviction you can be fined without limit and may face up to two years’ imprisonment.
Fail to reimburse enforcement costs after a cosmetic offence
Unlimited fineIf your business breaches the Cosmetic Products Regulations (for example by selling a non‑compliant product) and a court or sheriff orders a forfeiture, the enforcement authority can make you pay back all of the reasonable costs it incurred investigating the breach and taking enforcement action. The amount is whatever the authority reasonably spent on testing, sampling, and related work, and it is added to any other penalty you may receive.
Penalties for non-compliance
4 penalties under this legislation. 3 can result in imprisonment. 4 carry an unlimited fine.
Breach EU Cosmetics Regulation obligations
Unlimited fine and/or 12 months imprisonment
Breach of cosmetic product regulations
Unlimited fine and/or 12 months imprisonment
Breach of EU cosmetics regulation requirements
Unlimited fine and/or 2 years imprisonment
Fail to reimburse enforcement costs after a cosmetic offence
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
27 classified provisions from this legislation.
Duties 8
- Schedule 3 Sampling and Testing
- s.5 Labelling
- s.8 Notice of requests made and measures required under Articles 25, 26 and 27 of the EU Cosmetics Regulations
- s.9 Authorisation of provisional measures taken under Article 27
- s.10 Notification to the Secretary of State of enforcement action etc
- s.11 Contents of authorisation request or notification to the Secretary of State
- s.17 Compensation for seizure and detention etc
- s.26 Review