UK Statutory Instrument SI 2013 United Kingdom

Cosmetic Products Enforcement Regulations 2013

These Regulations provide for the enforcement of Regulation (EC) No 1223/2009 of the European Parliament of the Council of 20 November 2009 on cosmetic products (recast) (OJ No L 342, 22.12.2009 p 59) (the “EU Cosmetics Regulation”).

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OPSS, Trading Standards
Status
In Force
Penalty ceiling
Imprisonment 2 of 12 obligations carry imprisonment (12 months). 2 carry different penalties and 8 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person4 Responsible Person1 Manufacturer1

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Manufacturer — also bound by 502 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

1 of 6 sections shown
s.005 Labelling (opens in a new tab) Regulated
  • Label cosmetic products correctly in EnglishResponsible Person
5 other sections in this Part — procedural and definitional
s.001 Citation and Commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.003 Revocation and savings
s.004 Competent authority
s.transitional provisions in relation to eu exit Transitional provisions in relation to EU Exit
Part 2

Offences, Penalties and Enforcement

8 of 19 sections shown
s.008 Notice of requests made and measures required under Articles 25, 26 and 27 of the EU Cosmetics Regulations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must provide written notice of required measuresStatutory regulator
s.009 Authorisation of provisional measures taken under Article 27 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Trading Standards must get government approval for emergency cosmetic bansStatutory regulator
s.010 Notification to the Secretary of State of enforcement action etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must notify the Secretary of State of actions takenLocal authority
s.011 Contents of authorisation request or notification to the Secretary of State (opens in a new tab) Regulated
  • Submit detailed data when requesting cosmetics safety authorisationsManufacturer
s.012 Offences (opens in a new tab) Imprisonment
  • Breach EU Cosmetics Regulation obligationsAny Person
s.013 Penalties (opens in a new tab) Imprisonment
  • Breach of cosmetic product regulationsAny Person
s.017 Compensation for seizure and detention etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must pay compensation for wrongful seizure of cosmetic goodsStatutory regulator
s.019 Recovery of expenses of enforcement (opens in a new tab) Prosecution
  • Fail to reimburse enforcement costs after a cosmetic offenceAny Person

Unlimited fine

11 other sections in this Part — procedural and definitional
s.006 Enforcement authorities (opens in a new tab)
s.007 Market surveillance and enforcement powers (opens in a new tab)
s.014 Appeal rights (opens in a new tab)
s.015 (1) Any person having an interest in any cosmetic product... (opens in a new tab)
s.016 Appropriate court for appeals against notices etc and further appeals (opens in a new tab)
s.018 Remediation orders (opens in a new tab)
s.020 Forfeiture: England, Wales and Northern Ireland (opens in a new tab)
s.021 Forfeiture: Scotland (opens in a new tab)
s.022 Time Limit for prosecution of offences (opens in a new tab)
s.023 Defence of due diligence (opens in a new tab)
s.024 Liability of persons other than the principal offender (opens in a new tab)
Part 3

Miscellaneous

1 of 2 sections shown
s.026 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review cosmetic regulations every five yearsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.025 Consequential Amendments (opens in a new tab)
Schedules

Schedules

2 of 44 shown
s.003 Sampling and Testing (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must follow strict rules when sampling cosmetic productsLocal authority
s.004 Offences for Breach for the EU Cosmetics Regulation (opens in a new tab) Imprisonment
  • Breach of EU cosmetics regulation requirementsAny Person
42 other schedules
s.sch002 Testing of cosmetic products
s.sch002 Any test of goods purchased under paragraph 1(1) or seized...
s.sch002 Power to enter premises
s.sch002 Power to inspect, seize and detain cosmetic products etc
s.sch002 Warrants
s.sch003 In this Schedule— “Annex A” means the Annex to Commission...
s.sch003 An enforcement authority intending to purchase a cosmetic product must...
s.sch003 The immediate container, if any, of a cosmetic product purchased...
s.sch003 As soon as an enforcement authority has purchased a cosmetic...
s.sch003 (1) Subject to sub-paragraph (2), the provisions of Part 1...
s.sch003 (1) Any test to determine whether a cosmetic product contains...
s.sch005 Weights and Measures (Northern Ireland) Order 1981
s.sch005 Water Protection Zone (River Dee Catchment) Designation Order 1999
s.sch005 Biocidal Products Regulations (Northern Ireland) 2001
s.sch005 Biocidal Products Regulations 2001
s.sch005 Control of Substances Hazardous to Health Regulations 2002
s.sch005 Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003
s.sch005 Good Laboratory Practice (Codification Amendments Etc.) Regulations 2004
s.sch005 Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
s.sch005 Weights and Measures (Packaged Goods) Regulations 2006
s.sch005 Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.sch005 In Part 3 of Schedule 1, under the heading “Consumer...
s.sch005 In paragraph 3 of Part 6 of Schedule 6 to...
s.sch005 In Part 8 of Schedule 1— (a) omit “Cosmetic Products...
s.sch005 In Part 13 of Schedule 1— (a) omit “Cosmetic Products...
s.sch005 Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009
s.sch005 Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009
s.sch005 Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
s.sch005 In Part 4 of Schedule 1 paragraph 1—
s.sch005 In Part 2 of Schedule 2, paragraph 1—
s.sch005 Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
s.sch005 Pharmacy Order 2010
s.sch005 Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011
s.sch005 Weights and Measures Act 1985
s.sch005 Animal By-Products (Enforcement) (England) Regulations 2011
s.sch005 Animal By-Products (Enforcement) (No. 2) (Wales) Regulations 2011
s.sch005 In paragraph 16A of Schedule 6 to the Weights and...
s.sch005 Control of Pesticides Regulations 1986
s.sch005 Control of Pesticides Regulations (Northern Ireland) 1987
s.sch005 Dangerous Substances in Harbour Areas Regulations 1987
s.sch005 Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991
s.sch005 Patents (Licences of Right) (Exception of Pesticidal Use) Order 1989

Help complying

Guvnor’s practical routes through this instrument.

Sector-specific product safety regulations

Quick reference for the main sector-specific product safety regulations in Great Britain. Covers toys, electrical equipment, cosmetics, furniture, personal protective equipment, and …
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Chemical manufacturer: compliance checklist Place chemical substances and products on the GB market Which chemical regulations apply to your products and site

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.