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S.I. No. 265/1990 - European Communities (Cosmetic Products) Regulations, 1990.

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1990 S.I. No. 265/1990 - European Communities (Cosmetic Products) Regulations, 1990. S.I. No. 265/1990 - European Communities (Cosmetic Products) Regulations, 1990. AmendmentsLeasuithe The Minister for Health in exercise

the powers conferred on him by section 3

the European Communities Act, 1972 (No. 27

1972), hereby makes the following Regulations:—

  1. These Regulations may be cited as the European Communities (Cosmetic Products) Regulations,
  3. The European Communities (Cosmetic Products) Regulations, 1984 ( S.I. No. 11

1984 ), the European Communities (Cosmetic Products) Regulations, 1986 ( S.I. No. 35

1986 ) and the European Communities (Cosmetic Products) (Amendment) Regulations, 1987 ( S.I. No. 240

1987 ) are hereby revoked. 3. Article 7

(2)shall cease to have effect on the coming into force

article 7

(3)on 1st day

January, 1992. 4.

(1)In these Regulations:— "the Minister" means the Minister for Health; "the Principal Directive" means Council Directive 76/768/EEC1 as amended by Council Directives 79/661/EEC2, 82/368/EEC3 83/574/EEC4, 88/667/EEC5 and 89/679/EEC6 by Commission Directives 82/147/EEC7, 83/191/EEC8, 83/341/EEC9, 83/496/EEC10, 84/415/EEC11, 85/391/EEC12, 86/179/EEC13, 86/199/EEC14, 87/137/EEC15, 88/233/EEC16, 89/174/EEC17 and 90/121/EEC18; "sale" includes

fering or keeping for sale.

(2)In these Regulations words and phrases shall have the same meaning as in the Principal Directive.
(3)In these Regulations every reference to an article shall, except where otherwise indicated, be construed as a reference to an article contained in these Regulations and likewise any reference in an article to a sub-article shall be construed as a reference to a sub-article

that article.

(4)In these Regulations every reference to an Annex shall be construed as a reference to an Annex contained in the Principal Directive.
  1. These Regulations shall not apply to a cosmetic product containing any substance specified in Annex V.
  2. A cosmetic product shall not be placed on the market unless it fulfils the requirements

article 2

the Principal Directive. 7.

(1)Subject to the provisions

these Regulations a cosmetic product shall not be placed on the market:— ( a ) if it contains any substance specified in Annex II; ( b ) if it contains any substance specified in Annex III unless the requirements specified for that substance in the said Annex are complied with; ( c ) (

  1. i)if it contains any colouring agent not specified in Annex IV; and (
  2. ii)if it contains any colouring agent specified in Annex IV unless the requirements specified for that colouring agent in that Annex are complied with; ( d ) (
  3. i)if it contains any preservative not specified in Annex VI; and (
  4. ii)if it contains any preservative specified in Annex VI unless the requirements specified for that preservative in that Annex are complied with; ( e ) (
  5. i)if it contains any UV filter not specified in Annex VII; and (
  6. ii)if it contains any UV filter specified in Annex VII unless the requirements specified for that UV filter in that Annex are complied with.

(2)A cosmetic product shall not be placed on the market— ( a ) unless its packaging, container or label bears the information specified in paragraphs (a), (b), (c), (d), and (e)

article 6

(1)

Council Directive 76/768/EEC (as amended by article 9

Council Directive 82/368/EEC and by articles 1

(4)and 1
(5)

Council Directive 83/574/EEC) and the information specified in the said paragraphs (b), (

  1. c)and (
  2. d)is expressed in the Irish or the English language; ( b ) if the wording, use

names, trade marks, images or other signs, figurative or otherwise, employed in the labelling, presentation for sale or advertising

the product suggests a characteristic which the product in question does not possess.

(3)With effect from the 1st day

January, 1992 a cosmetic product shall not be placed on the market:— ( a ) unless its container and packaging bears, in indelible, easily legible and visible lettering, the information specified in paragraphs (a), (b), (c), (d) and (e)

Article 6

(1)

the Principal Directive and the information specified in the said paragraphs (b), (

  1. c)and (
  2. d)is expressed in the Irish or the English language; ( b ) if the text, names, trade marks, pictures and figurative and other signs employed in the labelling, presentation for sale and advertising

the product suggests a characteristic which the product in question does not possess.

(4)Without prejudice to article 6, the provisions

sub-article

(1)(a) shall not apply to the presence in cosmetic products

traces

any

the substances to which the said sub-article refers where such traces are technically unavoidable in the context

good manufacturing practice and could not reasonably have been removed during or after manufacture.

(5)Subject to sub-articles
(6)and
(7)a cosmetic product shall not be sold by retail or otherwise supplied to a consumer unless it complies with the provisions

these Regulations relating to the placing

a cosmetic product on the market.

(6)( a ) The provisions

sub-article

(1)shall not apply— (i) until the 1st day

January, 1991, as respects the requirements

— —Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraphs

(2),
(4),
(5),
(7),
(8)and
(10)

Article 1thereof; —Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraph

(1)

Article 1

thereof; (ii) until the 1st day

January, 1992, as respects the requirements

Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraphs

(3),
(5),
(6)and
(8)

Article 1thereof.

( b ) The provisions

sub-article

(1)(c) shall not apply to cosmetic products containing colouring agents intended solely to colour hair. ( c ) The provisions

sub-article

(5)shall not apply— (i) until the 31st day

December, 1990, as respects the requirements

Commission Directive 87/137/EEC and in the case

Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraph

(1)

Article 1

thereof; (ii) until 31st day

December, 1991, as respects the requirements

— —Commission Directive 88/233/EEC insofar as that Directive relates to the substances referred to in paragraphs

(2),
(3),
(6)and
(7)

Article 1

thereof; —Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraph 1

Article 1

thereof; (iii) until the 31st day

December, 1992, as respects the requirements

Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraphs

(2),
(4),
(5),
(7),
(8)and
(10)

Article 1

thereof; (iv) until the 31st day

December, 1993, as respects the requirements

Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraphs

(3),
(5),
(6)and
(8)

Article 1thereof.

(7)Notwithstanding the provision

sub-article

(5)and without prejudice to sub-article
(6), a cosmetic product lawfully placed on the market and in compliance with the labelling provisions in operation prior to the coming into force

sub-article

(3)may, until 31st day

December, 1993, be sold by retail or otherwise supplied to a consumer. 8.

(1)Notwithstanding the provisions

article 7

(1)and subject to sub-articles
(2),
(3)and
(4)the Minister may grant, to any person who applies in the form and manner required by him, an authorisation to place a cosmetic product on the market containing a substance not otherwise permitted by virtue

these Regulations.

(2)An authorisation granted under sub-article
(1)shall be limited in duration to a maximum period

three years and shall be subject to such conditions as the Minister may specify and, in particular, to conditions:— ( a ) specifying the cosmetic product or class

cosmetic product in which the said substance may be used, and ( b ) specifying a distinctive indication which the said cosmetic product or class

cosmetic product must bear.

(3)The period specified in an authorisation for the purpose

sub-article

(2)shall be extended until a decision is made following a request pursuant to paragraph 3

article 8 (a)

the Principal Directive, for the inclusion

the substance to which the authorisation relates in a list

permitted substances.

(4)There shall be paid to the Minister a fee

£525 in respect

each application for an authorisation under sub-article

(1). 9. A person who contravenes any provision

article 6 or 7, or any condition attached to an authorisation granted under article 8, shall be guilty

an

fence and shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case

a continuing

fence, to a further fine not exceeding £100 for each day on which the

fence is continued. 10.

(1)Subject to sub-articles
(2)and
(3), these Regulations may be enforced by

ficers

the Minister and by health boards and their

ficers.

(2)The provisions

article 7

(2)(a) (insofar as they relate to compliance with article 6
(1)(b)

Council Directive 76/768/EEC) and

article 7

(2)(b) shall be enforced by

ficers

the Minister for Industry and Commerce.

(3)The provisions

article 7

(3)(a) (insofar as they relate to compliance with article 6
(1)(b)

the Principal Directive) and

article 7

(3)(b) shall be enforced by

ficers

the Minister for Industry and Commerce. 11. For the purpose

ascertaining whether or not there is or has been a contravention

article 6 or 7, an

ficer specified in article 10 (with, in the case

an

ficer

the Minister, a written authorisation

the Minister, in the case

an

ficer

the Minister for Industry and Commerce, a written authorisation

the Minister for Industry and Commerce and in the case

an

ficer

a health board, a written authorisation

the board) may, at all reasonable times—

(1)enter any premises (not being a premises used only as a private dwelling) where cosmetic products are manufactured, stored, sold or

fered or kept for sale; and

(2)inspect and take (without payment) samples

any cosmetic product which is manufactured, stored, sold or

fered or kept for sale at such premises, for test, examination or analysis. 12. The

ficial testing

cosmetic products by, or under the direction

any

the persons specified in article 13

(1)shall be carried out in accordance with the methods described in Commission Directives 80/1335/EEC19, 82/434/EEC20, 83/514/EEC21, 85/490/EEC22, 87/143/EEC23 and 90/207/EEC24 insofar as such methods are applicable. 13.
(1)In any proceedings for an

fence under article 9 a certificate signed by— ( a ) the State Chemist, or ( b ) a public analyst appointed under section 10

the Sale

Food and Drugs Act, 1875, or ( c ) a chemist or analyst appointed by the Minister for that purpose stating the results

any test, examination or analysis

a sample shall, with regard to that sample, be evidence for all purposes

such result.

(2)The certificate referred to in sub-article
(1)shall be in the form set out in the Schedule to these Regulations. SCHEDULE. EUROPEAN COMMUNITIES (COSMETIC PRODUCTS) REGULATIONS, 1990. (S.I. No.

1990) CERTIFICATE STATING RESULTS

TESTS, EXAMINATION OR ANALYSIS This Certificate is issued by me, the undersigned, for the purpose

article 13

the European Communities (Cosmetic Products) Regulations, 1990 being

(1)____________________________________________________________________ I hereby certify that I received on the _____ day

_________________ 19 ____from

(2)_______________________________

_________________________________________ a sample

(3)_____________________________ for test, examination or analysis; which was undamaged, duly sealed and marked
(4)_______________________ I further certify that the said sample has been tested, examined or analysed by me or under my direction and that the results are as follows:—
(5)Signature _______________________________ date_______________________ Address ________________________________ ________________________________
(1)Here insert

ficial title

analyst.

(2)Here insert the name

the sampling

ficer who submitted the sample for analysis.

(3)Here insert the name or description

the product.

(4)Here insert the distinguishing mark on the sample and the date

sampling shown thereon.

(5)Here insert the relevant results as appropriate. GIVEN under the

ficial Seal

the Minister for Health this 15th day

November, 1990. RORY O'HANLON, Minister for Health.

FICIAL JOURNAL REFERENCES. 1Official Journal

the European Communities, No. L262, 27/9/76 (pages 169-200). 2Official Journal

the European Communities, No. L192, 31/7/79 (page 35). 3Official Journal

the European Communities, No. L167, 15/6/82 (pages 1-32). 4Official Journal

the European Communities, No. L332, 28/11/83 (pages 38-42). 5Official Journal

the European Communities, No. L382, 31/12/88 (pages 46-48). 6Official Journal

the European Communities, No. L398, 30/12/89 (page 25). 7Official Journal

the European Communities, No. L63, 6/3/82 (page 26). 8Official Journal

the European Communities, No. L109, 26/4/83 (pages 25-27). 9Official Journal

the European Communities, No. L188, 13/7/83 (page 15). 10Official Journal

the European Communities, No. L275, 8/10/83 (pages 20-21). 11Official Journal

the European Communities, No. L228, 25/8/84 (pages 31-33). 12Official Journal

the European Communities, No. L224, 22/8/85 (pages 40-41). 13Official Journal

the European Communities, No. L130, 24/5/86 (pages 40-48). 14Official Journal

the European Communities, No. L149, 3/6/86 (pages 38-45). 15Official Journal

the European Communities, No. L56, 26/2/87 (pages 20-21). 16Official Journal

the European Communities, No. L105, 26/4/88 (pages 11-14) and corrigendum published on 24/6/88 in No. L157 (page 38). 17Official Journal

the European Communities, No. L64, 8/3/89 (pages 10-13) and corrigendum published on 13/7/89 in No. L199 (page 23). 18Official Journal

the European Communities, No. L71, 17/3/90 (pages 40-42). 19Official Journal

the European Communities, No. L383, 31/12/80 (pages 27-46). 20Official Journal

the European Communities, No. L185, 30/6/82 (pages 1-28). 21Official Journal

the European Communities, No. L291, 24/10/83 (pages 9-46). 22Official Journal

the European Communities, No. L295, 7/11/85 (pages 30-45). 23Official Journal

the European Communities, No. L57, 27/2/87 (page 56). 24Official Journal

the European Communities, No. L108, 28/4/90 (pages 92-101). EXPLANATORY NOTE. The purpose

the Regulations is to up-date the law in relation to the marketing and sale

cosmetic products by giving effect to the most recent EC Directives on cosmetic products (viz Council Directives 88/667/EEC and 89/679/EEC and Commission Directives 88/233/EEC, 89/174/EEC, 90/121/EEC and 90/207/EEC) and to consolidate in one set

Regulations the law in relation to cosmetic products. The effect

the Regulations is to prohibit the placing on the market

cosmetic products which, under normal conditions

use, are liable to cause damage to human health. The presence in cosmetic products

certain listed substances is either prohibited absolutely or permitted subject to certain restrictions. Positive lists

colouring agents, anti-microbial preservatives and ultraviolet sun-screen filters are established which, subject to compliance with any prescribed restrictions are permitted to be used. Certain requirements in regard to labelling are also laid down and the use

words, names, trade marks, images or other signs either in the labelling, presentation for sale or advertising

cosmetic products is prohibited where such suggests a characteristic which the product in question does not possess. Some changes are provided for which come into effect on 1st January, 1992. As from that date this information must be on the container and other packaging and must be easily legible. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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