European Communities (Cosmetic Products) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Cosmetic Products) Regulations, 1990.
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paragraphs: The European Communities (Cosmetic Products) Regulations, 1984 ( S.I. No. 11 of 1984 ), the European Communities (Cosmetic Products) Regulations, 1986 ( S.I. No. 35 of 1986 ) and the European Communities (Cosmetic Products) (Amendment) Regulations, 1987 ( S.I. No. 240 of 1987 ) are hereby revoked.
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paragraphs: Article 7 (2) shall cease to have effect on the coming into force of article 7 (3) on 1st day of January, 1992.
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paragraphs: (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 offering 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 of 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.
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paragraphs: These Regulations shall not apply to a cosmetic product containing any substance specified in Annex V.
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paragraphs: A cosmetic product shall not be placed on the market unless it fulfils the requirements of article 2 of the Principal Directive.
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paragraphs: (1) Subject to the provisions of 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 ) (i) if it contains any colouring agent not specified in Annex IV; and
(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 ) (i) if it contains any preservative not specified in Annex VI; and
(ii) if it contains any preservative specified in Annex VI unless the requirements specified for that preservative in that Annex are complied with;
( e ) (i) if it contains any UV filter not specified in Annex VII; and
(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) of article 6 (1) of Council Directive 76/768/EEC (as amended by article 9 of Council Directive 82/368/EEC and by articles 1 (4) and 1(5) of Council Directive 83/574/EEC) and the information specified in the said paragraphs (b), (c) and (d) is expressed in the Irish or the English language;
( b ) 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.
(3) With effect from the 1st day of 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) of Article 6 (1) of the Principal Directive and the information specified in the said paragraphs (b), (c) and (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 of the product suggests a characteristic which the product in question does not possess.
(4) Without prejudice to article 6, the provisions of sub-article (1) (a) shall not apply to the presence in cosmetic products of traces of any of the substances to which the said sub-article refers where such traces are technically unavoidable in the context of 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 of these Regulations relating to the placing of a cosmetic product on the market.
(6) ( a ) The provisions of sub-article (1) shall not apply—
(i) until the 1st day of January, 1991, as respects the requirements of—
—Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraphs (2), (4), (5), (7), (8) and (10) of Article 1 thereof;
—Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraph (1) of Article 1 thereof;
(ii) until the 1st day of January, 1992, as respects the requirements of Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraphs (3), (5), (6) and (8) of Article 1 thereof.
( b ) The provisions of sub-article (1) (c) shall not apply to cosmetic products containing colouring agents intended solely to colour hair.
( c ) The provisions of sub-article (5) shall not apply—
(i) until the 31st day of December, 1990, as respects the requirements of Commission Directive 87/137/EEC and in the case of Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraph (1) of Article 1 thereof;
(ii) until 31st day of December, 1991, as respects the requirements of—
—Commission Directive 88/233/EEC insofar as that Directive relates to the substances referred to in paragraphs (2), (3), (6) and (7) of Article 1 thereof;
—Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraph 1 of Article 1 thereof;
(iii) until the 31st day of December, 1992, as respects the requirements of Commission Directive 89/174/EEC insofar as that Directive relates to the substances referred to in paragraphs (2), (4), (5), (7), (8) and (10) of Article 1 thereof;
(iv) until the 31st day of December, 1993, as respects the requirements of Commission Directive 90/121/EEC insofar as that Directive relates to the substances referred to in paragraphs (3), (5), (6) and (8) of Article 1 thereof.
(7) Notwithstanding the provision of 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 of sub-article (3) may, until 31st day of December, 1993, be sold by retail or otherwise supplied to a consumer.
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paragraphs: (1) Notwithstanding the provisions of 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 of these Regulations.
(2) An authorisation granted under sub-article (1) shall be limited in duration to a maximum period of 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 of cosmetic product in which the said substance may be used, and
( b ) specifying a distinctive indication which the said cosmetic product or class of cosmetic product must bear.
(3) The period specified in an authorisation for the purpose of sub-article (2) shall be extended until a decision is made following a request pursuant to paragraph 3 of article 8 (a) of the Principal Directive, for the inclusion of the substance to which the authorisation relates in a list of permitted substances.
(4) There shall be paid to the Minister a fee of £525 in respect of each application for an authorisation under sub-article (1).
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paragraphs: A person who contravenes any provision of article 6 or 7, or any condition attached to an authorisation granted under article 8, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £100 for each day on which the offence is continued.
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paragraphs: (1) Subject to sub-articles (2) and (3), these Regulations may be enforced by officers of the Minister and by health boards and their officers.
(2) The provisions of article 7 (2) (a) (insofar as they relate to compliance with article 6 (1) (b) of Council Directive 76/768/EEC) and of article 7 (2) (b) shall be enforced by officers of the Minister for Industry and Commerce.
(3) The provisions of article 7 (3) (a) (insofar as they relate to compliance with article 6 (1) (b) of the Principal Directive) and of article 7 (3) (b) shall be enforced by officers of the Minister for Industry and Commerce.
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paragraphs: For the purpose of ascertaining whether or not there is or has been a contravention of article 6 or 7, an officer specified in article 10 (with, in the case of an officer of the Minister, a written authorisation of the Minister, in the case of an officer of the Minister for Industry and Commerce, a written authorisation of the Minister for Industry and Commerce and in the case of an officer of a health board, a written authorisation of 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 offered or kept for sale; and
(2) inspect and take (without payment) samples of any cosmetic product which is manufactured, stored, sold or offered or kept for sale at such premises, for test, examination or analysis.
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paragraphs: The official testing of cosmetic products by, or under the direction of any of 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.
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paragraphs: (1) In any proceedings for an offence under article 9 a certificate signed by—
( a ) the State Chemist, or
( b ) a public analyst appointed under section 10 of the Sale of Food and Drugs Act, 1875, or
( c ) a chemist or analyst appointed by the Minister for that purpose
stating the results of any test, examination or analysis of a sample shall, with regard to that sample, be evidence for all purposes of such result.