S.I. No. 402/1979:

EUROPEAN COMMUNITIES (COSMETIC PRODUCTS) REGULATIONS, 1979.

EUROPEAN COMMUNITIES (COSMETIC PRODUCTS) REGULATIONS, 1979.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:--

1. These Regulations may be cited as the European Communities (Cosmetic Products) Regulations, 1979.

2. (1) In these Regulations--

"the Council Directive" means Council Directive 76/768/EEC* as amended by Council Directive 79/661/EEC†;

*Official Journal of the European Communities 27/9/76 No. L262 (Page 169 to 200)

†Official Journal of the European Communities 31/7/79 No. L192 (Page 35)

" the Minister " means the Minister for Health.

(2) In these Regulations words and phrases shall have the same meaning as in the Council Directive.

3. (1) These Regulations shall apply to the products specified in sub-article (2) of article 1 of the Council Directive.

(2) These Regulations shall not apply to the cosmetic products specified in sub-article (3) of article 1 of the Council Directive.

(3) Article 4 of these Regulations shall not apply to cosmetic products containing the substances and colouring agents specified in article 5 of the Council Directive and complying with the conditions therein laid down for the period from the commencement of these Regulations until 31 December, 1980.

4. A cosmetic product shall not be marketed in the State--

( a ) unless such product fulfills the provisions of article 2 of the Council Directive;

( b ) if it contains any substance or colouring agent specified in article 4 (a) (b) (c) and (d) of the Council Directive;

( c ) unless its packaging, container or label bears the information specified in article 6 (1) (a) (b) (c) (d) and (e) of the Council Directive;

( d ) if the wording, use of names, trade marks, images or other signs, figurative or otherwise, employed in the labelling, presentation for sale or advertising of the product suggests a characteristic which the product in question does not possess.

5. A person who contravenes article 4 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and, in the case of a continuing offence, to a further fine not exceeding £50 for each day on which the offence is continued.

6. (1) Subject to sub-article (2) of this article, these Regulations shall be enforced by officers of the Minister.

(2) Article 4 (c) (in so far as it relates to compliance with article 6 (1) (b) of the Council Directive) and article 4 (d) of these Regulations shall be enforced by officers of the Minister for Industry, Commerce and Energy.

GIVEN under the Official Seal of the Minister for Health this 10th day

of December, 1979.

CHARLES J. HAUGHEY,

Minister for Health.

The Minister for Industry, Commerce and Energy hereby consents to the enforcement by his officers of the provisions specified in article 6 (2) of these Regulations.

Dated this 10th day of December, 1979.

DESMOND O'MALLEY,

Minister for Industry, Commerce

& Energy.

EXPLANATORY NOTE

The purpose of these Regulations is to give statutory effect in this country to the requirements of EEC Directive 76/768 of 27 July 1976 as amended by Directive 79/661 on the approximation of the laws of Member States relating to Cosmetic Products.

The effect of the Regulations is to prohibit the marketing of cosmetic products containing certain specified substances and colouring agents, either absolutely, or, in the case of a limited number of such substances and colouring agents, subject to certain conditions of use. Cosmetic products containing any of a specified group of substances on the prohibited list may, however, remain on the market until 31st December 1980, at the end of which time the position will be reviewed. The Regulations also specify certain labelling requirements for cosmetic products.