Memorandum by the Department
of Trade and Industry
COSMETIC PRODUCTS (SAFETY)
(AMENDMENT) REGULATIONS 1997 (S.I. 1997/2914)
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
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 -
||Benzethonium chloride (INN) [Benzethonium chloride]
||Products rinsed off after use
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