Joint Committee on Statutory Instruments Twentieth Report


Memorandum by the Department of Trade and Industry


1.By letter from the Commons Clerk of the Committee dated 14 January 1998, the Joint Committee on Statutory Instruments asked for a memorandum on the following point -

      "Regulation 2(g) adds a new entry number 53 to the entries in Part I of Schedule 4 to the Cosmetic Products (Safety) Regulations 1996. Regulation 4(2) of those 1996 Regulations prohibits persons from supplying such a product which contains - (e) any preservative listed in column 2 of Schedule 4 unless - (i) the requirements in columns 3, 4 and 5 of Part I of that Schedule in relation to that preservative are satisfied. The new entry 53 contains no requirement for insertion in column 3 in relation to the new preservative. Is this intended? If it is, ought not regulation 4(2)(e)(i) to acknowledge that there may not be a relevant requirement of column 3? If there is an unintended omission, what is the intended requirement?"

2.  In fact, the Regulations contain an error. Regulation 2(g) contains the substance of what is required by Commission Directive 97/45/EC, but has assigned the details to the wrong columns in Part I of Schedule 4. New entry number 53 should read as follows -

"53 Benzethonium chloride (INN) [Benzethonium chloride] Products rinsed off after use

per cent
- "

3.  Thus, as the introductory paragraph of Schedule 4 explains, the preservative in question may only be used in products rinsed off after use, and the concentration of that preservative in such products may not exceed 0.1 per cent.

4.  The Department regrets this error. It is likely that the Cosmetic Products (Safety) Regulations 1996 will be amended again in the near future, and the Department will take that opportunity to make the necessary correction. In the meantime, the Department believes that it will be clear to those using the Regulations what the entry in the Schedule should have been, and considers therefore that the error is unlikely to be the cause of any confusion in the cosmetics industry.

19th January 1998

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