Regulation on cosmetic products (Cosmetics Regulation)

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Cosmetics V 2014

Date of completion: 16.07.2014

Full quote:

" Cosmetics regulation of 16 July 2014 (BGBl. I p. 1054) "

Footnote

(+ + + Text proof: 24.7.2014 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 1223/2009 (CELEX Nr: 32014R1223)  § 1 + + +) 

  

The V was enacted as Article 1 of V v. 16.7.2014 I 1054 by the Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance, with the approval of the Bundesrat. It occurs gem. Art. 4 sentence 1 of this V in force on 24.7.2014. Unofficial table of contents

§ 1 Objective

This Regulation shall be used for the monitoring of transport by cosmetic products and for the implementation of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 327, 30.12.2009, p. 59), as last amended by Regulation (EU) No 358/2014 of 9 April 2014 (OJ L 344, 27.12.2014, p. OJ L 107, 10.4.2014, p. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Provision on the market: provision on the market within the meaning of Article 2 (1) (g) of Regulation (EC) No 1223/2009,

2.

Placing on the market: placing on the market within the meaning of Article 2 (1) (h) of Regulation (EC) No 1223/2009.

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§ 3 Display obligations

Those who produce cosmetic products on the domestic market shall notify the competent authority of the competent authority of the place of manufacture prior to placing them on the market. Where cosmetic products are imported into the European Union, the person responsible for importation shall have the place where cosmetic products are brought from him within the scope of this Regulation (place of import) before the first import of the cosmetic product (import place). to the competent authority responsible for monitoring. The obligations laid down in sentences 1 and 2 may be transferred to a representative. In the case of changes to the indicated manufacturing or import location, the rates 1 to 3 shall apply accordingly. Unofficial table of contents

§ 4 Language

Cosmetic products may only be made available on the market if the information referred to in Article 19 (1) (b), (c), (d) and (f), (d) is also provided in conjunction with paragraph 2 of Regulation (EC) No 1223/2009 in the German language. Unofficial table of contents

§ 5 Labelling of non-pre-packaged cosmetic products

(1) In addition to the requirement of § 4, non-prepacked cosmetic products and cosmetic products, which are packaged at the point of sale at the buyer's request or are pre-packaged with a view to their immediate sale, may not be pre-packed, except on the market shall be provided where the information referred to in Article 19 (1) of Regulation (EC) No 1223/2009 is listed on a label, paper strip, trailer or card attached to the cosmetic product or attached to it. (2) in the case of information referred to in Article 19 (1) (g) of Regulation (EC) No 1223/2009, Identification as referred to in paragraph 1 for practical reasons, in particular because of the small size or shape of the cosmetic product, these are not possible on a sign in the immediate vicinity of the cosmetic product or container, in which the Cosmetic products shall be offered for sale. Unofficial table of contents

§ 6 Information and treatment centres for poisoning

The information and treatment centres for poisoning report to the Federal Office for Consumer Protection and Food Safety on the basis of the findings they have gained on the basis of their activities and which are responsible for the consultation and the Treatment of substance-related health impairments by cosmetic products are of general importance. Unofficial table of contents

§ 7 Exceptions to imports

In the case of imports of cosmetic products, Section 18 (1) of the Food Import Regulation shall apply, in accordance with the conditions laid down in Article 5 (1), first sentence, of the Food and Feed Code and of Article 14 (1) of the Food Import Regulation. 1 in conjunction with paragraph 2 (a) of Regulation (EC) No 178/2002, the obligation to comply with Article 5 (1) of Regulation (EC) No 1223/2009 is to ensure compliance with the security set out in Article 3 of Regulation (EC) No 1223/2009. Unofficial table of contents

§ 8 Crime

(1) In accordance with Article 58 (3) (1), (4) to (6) of the Food and Feed Code, it shall be punished who intentionally or negligently contrasts with Article 5 (1) in conjunction with Article 3, first sentence, point (a), (b) or (c) of the Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 327, 28.12.2009, p. 59), as last amended by Regulation (EU) No 358/2014 (OJ L 378, 27.12.2009, p. 5), it does not ensure that a cosmetic product made available on the market is safe for human health. (2) According to Article 58 (3) (2), (4) to (6) of the Food and Agriculture Committee, The animal feed code shall be punished who is in breach of Regulation (EC) No 1223/2009 by intentionally or negligently

1.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (a), it does not ensure that a cosmetic product does not contain a substance listed in Annex II,

2.

Contrary to Article 5 (1), in conjunction with Article 14 (1) (b), it does not ensure that a cosmetic product does not contain a substance listed in Annex III which, in contravention of the provisions of Annex III, column f or column h, is not included in the list of products listed in Annex III. is to be used,

3.

, contrary to Article 5 (1), in conjunction with Article 14 (1) (c) (i), does not ensure that a cosmetic product does not contain a colouring agent other than that listed in Annex IV,

4.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (c) (i), it does not ensure that a cosmetic product does not contain a dye listed in Annex IV which, in breach of those listed in column g of Annex IV, does not contain: the conditions of use referred to in column i shall be used,

5.

Contrary to Article 5 (1), in conjunction with Article 14 (1) (d) (i), it does not ensure that a cosmetic product other than the preservative listed in Annex V is not included in a cosmetic product,

6.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (d) (i), it does not ensure that a preservative listed in Annex V is not included in a cosmetic product, in contravention of those listed in Annex V, the conditions of use referred to in column (f) or (h) are used;

7.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (e) (i), it does not ensure that a cosmetic product other than those listed in Annex VI is not included in a cosmetic product,

8.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (e) (i), it does not ensure that a UV filter listed in Annex VI is not included in a cosmetic product, in breach of those listed in column f of Annex VI, or the conditions of use referred to in column h shall be used, or

9.

in accordance with the first subparagraph of Article 15 (1) or the first subparagraph of paragraph 2, a substance classified as CMR substance of category 1A, 1B or 2 shall be used.

(3) In accordance with Article 59 (3) (1) of the Food and Feed Code, it shall be punished who, contrary to Article 20 (1) of Regulation (EC) No 1223/2009, shall be punished by a text, a designation, a trade mark, an image or another referred to therein. (4) In accordance with Article 59 (3) (2) (a) of the Food and Feed Code, it shall be punished who is in breach of Regulation (EC) No 1223/2009, by:

1.

Contrary to Article 5 (1), in conjunction with Article 14 (1) (b), it does not ensure that a cosmetic product does not contain a substance listed in Annex III which, in contravention of the provisions of Annex III, column g restrictions are used,

2.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (c) (i), it does not ensure that a cosmetic product listed in Annex IV does not contain a dye listed in Annex IV, which is listed in column h of Annex IV. shall be used,

3.

Contrary to Article 5 (1) in conjunction with Article 14 (1) (d) (i), it does not ensure that a preservative listed in Annex V is not included in a cosmetic product, in contravention of those listed in Annex V, the conditions of use referred to in column g are used,

4.

Contrary to Article 5 (1), in conjunction with Article 14 (1) (e) (i), it does not ensure that a UV filter listed in Annex VI is not included in a cosmetic product, in contravention of the provisions of Annex VI, column g shall be used, or

5.

the first subparagraph of Article 10 (1) does not ensure that:

a)

a cosmetic product has undergone a safety assessment referred to therein; or

b)

a safety report for the cosmetic product referred to in Annex I has been drawn up.

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§ 9 Administrative Offences

(1) Administrative offences within the meaning of Article 60 (2) (26) (a) of the Food and Feed Code shall be those who intentionally or negligently

1.

contrary to § 3 sentence 1 or second sentence 2, in connection with sentence 4, an advertisement is not refunded, not correct or not in good time, or

2.

shall provide a cosmetic product on the market, contrary to § 4 or § 5 (1).

(2) Contrary to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products, which is in breach of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 1. 59), as last amended by Regulation (EU) No 358/2014 (OJ L 378, 27.12.2009, p. 5), by deliberately or negligently:

1.

Contrary to Article 5 (1), in conjunction with Article 11 (2), it does not ensure that the data and information referred to therein are updated,

2.

Contrary to Article 5 (1), in conjunction with Article 11 (3), it does not ensure that a product information file is made available in the manner referred to therein,

3.

, contrary to Article 6 (2), first or third indent, a review shall not be carried out, not correct, in full or in good time,

4.

contrary to Article 11 (1), first sentence, in conjunction with paragraph 2, a product information file does not lead, is not correct or does not complete the product information file,

5.

, contrary to Article 11 (1), second sentence, a product information file not or not at least 10 years,

6.

the first subparagraph of Article 13 (1) or the second subparagraph of Article 16 (3) or the first subparagraph of Article 16 (3) shall not make a notification, not correct, not complete, not in the prescribed manner or not in good time,

7.

the information referred to in Article 13 (3) does not make any information referred to therein, not correct, not complete, not available in the prescribed manner or not before it is made available on the market,

8.

, contrary to the first subparagraph of Article 13 (4), does not make a communication, not correct, not complete or not before it is made available on the market,

9.

, contrary to Article 13 (7), it does not ensure that an update is made without delay,

10.

, contrary to Article 18 (1) (a), placing on the market a cosmetic product the final composition of which has been determined in order to comply with the provisions of Article 3, first sentence, point (a), (b) or (c), by animal testing,

11.

, contrary to Article 18 (1) (b), placing on the market a cosmetic product whose constituents or combinations of ingredients are intended for compliance with the provisions of Article 3, first sentence, point (a), (b) or (c), by animal testing ,

12.

against

a)

Article 19 (1) (a), (c), (e) or (f) or

b)

Article 19 (1) (d) or (g), also in conjunction with paragraph 2,

provides a cosmetic product on the market,

13.

does not ensure that an indication referred to therein is made easily accessible to the public, contrary to the first sentence of Article 21, or

14.

, contrary to Article 23 (1), it does not make a notification, not correct, not complete or not in good time.