G/TBT/N/GBR/69  
27 October 2023  
(23-7257) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Department for Business and Trade: Office for Product Safety and Standards  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification sha ll be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Cosmetics 
products are defined by Article 2(1)(a) of Regulation (EC) No 1223/2009.  
ESSENTIAL OILS AND RESINOIDS; PERFUMERY , COSMETIC OR TOILET PREPARATIONS 
(HS code(s): 33); Cosmetics. Toiletries (ICS code(s): 71.100.70)  
5. Title, number of pages and language(s) of the notified document:  The Cosmetic 
Products (Restriction of Chemical Substances) Regulations 2024; (3 page(s), in English)  
6. Description of content:  These measures will amend the Cosmetics Regulation 
1223/2009 as applicable in GB ("the Cosmetics Regulations") as they apply in [England, 
Wales and Scotland]. They will amend permitted levels of certain chem icals in the 
Cosmetics Regulations.  
We will be amending the Cosmetics Regulations to permit the use butylated 
hydroxytoluene (BHT) up to a maximum concentration of 0.1% in toothpastes, 0.001% 
in mouthwashes and other leave -on oral care products, and 0.8% in all other cosmetic 
products.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The Cosmetics Regulations contain technical annexes that establish limits 
and prohibitions on the use of specified chemicals. The Governm ent has powers to amend 
the various annexes when certain conditions are met. The objective of the measure is to G/TBT/N/GBR/69  
 
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  amend the permitted use of specific chemicals in order to ensure that only cosmetics 
products that are considered safe can be placed on the GB m arket.  
The measure requires amending the technical annexes of the cosmetics regulations to 
change the permitted level of use of a specific chemical. This decision has been informed 
by the expert advice of the Scientific Advisory Group on Chemical Safety (S AG-CS). The 
SAG-CS' primary purpose is providing the UK Government with independent scientific 
advice on chemical risk.  
Government has considered the recent advice from SAG -CS and made the decision to 
amend the Cosmetics Regulations on the use of butylated  hydroxytoluene (BHT), allowing 
BHT to be used up to a maximum concentration of 0.1% in toothpastes, 0.001% in 
mouthwashes and other leave -on oral care products, and 0.8% in all other cosmetic 
products. ; Protection of human health or safety  
8. Relevant documents:   
SAG-CS opinions can be found using this link  
Draft The Cosmetic P roducts (Restriction of Chemical Substances) Regulations 2024  
9. Proposed date of adoption:  16 January 2024  
Proposed date of entry into force:  Butylated hydroxytoluene (BHT) - Placing on the 
market 6 October 2024 (9 months after adoption). Making available 6 February 2025 (13 
months after adoption)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
https://members.wto.org/crnattachments/2023/TBT/GBR/23_13185_00_e.pdf