Law On Cosmetics And Bodycare Products Etc. (Cosmetics Act)

Original Language Title: Lov om kosmetikk og kroppspleieprodukt m.m. (kosmetikklova)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-12-21-126

Law on cosmetics and bodycare products etc. (cosmetics Act).


Date LOV-2005-12-21-126


Ministry of Health and Care Services

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 16


Commencement 01.01.2006

Changes
LOV-1933-05-19-3

Promulgated
21/12/2005

Short Title
Cosmetics Act

Chapter Overview:

Chapter I. Purpose, work area and definitions (§§ 1-4)
Chapter II. Prohibitions and commanded (§§ 5-15)
Chapter III. Concluding plementary provisions (§§ 16-22)

Ref. previously allowed May 19, 1933 no. 3 Cf.. EEA Agreement Annex II. 16 (dir 2003/15).

Chapter I. Purpose, work area and definitions

§ 1. Purpose The purpose of the Act is to stimulate the cosmetics, body care and other products that are covered by the Act are safe for humans and animals.
Act shall ish promote consumer interests, ærlegdom, animal welfare, ethics, the environment, food safety play and quality.

§ 2. Sakleg work area Lova encompassing all circumstances in connection with the development, manufacture, import, processing, distribution, export and sale of

A)
cosmetics and bodycare products, which are all substances or mashups of fabric that is certain to others: body surface to human, teeth or mucous membranes of the mouth or transaminase hola for only or were mainly to the separation or perfuming those categories of body, change the shape deira, influence body odors, protect dei or holding those in good condition

B)
cosmetics and body care products for animals, which is all substance or mashups of fabric that is certain to others: body surface of animals, teeth or mucous membranes of the mouth or transaminase hola for only or were mainly to the separation perfuming those categories of body, change the shape deira, influence body odors, protect dei or holding those in good condition

C)
lækjemiddelnære body care product, which is all substance or mashups of fabric that is certain to others: body surface of human or animal teeth or mucous membranes of the mouth or transaminase hola for only or were mainly to preventing, relieve or treat health problems is not going by illness

D)
tattoo product, which is all substance or mashups of fabric that is certain to be brought into your skin to human or animal to obtain permanent or long-term pattern, engineering drawings, strokes, fields or colors on your skin, medrekna tattooing liquid and permanent makeup

E)
injection product, which is all substance or mashups of fabric that is certain to be brought into your skin to human or animal to modify the shape of your skin in other ways than those referred to in subparagraph d.

Act encompasses also all circumstances in connection with the production of materials and artefacts that are specific to others: or may be of relevance in the products, cf. § 4 letter a.
Act encompasses not substance, mashups of fabric or equipment that comes in under the law of 4 December 1992 Nr. 132 relating medication etc. or law on 12 January 1995 no. 6 concerning medical devices. Lova encompassing not food that comes in under Law 19 December 2003 no. 124 of food production and food safety.

§ 3. constantly work area Lova debt for Norwegian land and territorial waters, Norwegian Air and sea vessels and installations on the Norwegian continental shelf.
The King may issue regulations on the use of Information Act in Svalbard, Jan Mayen, the dependencies in the Norwegian economic zone and on utanlands registered ships plying the Norwegian harbors. The King may lay down specific rules with regard to the conditions on this page.

§ 4. Definitions In this Act understands ein with

A)
product: cosmetics and body care products, cosmetics and body care products for animals, lækjemiddelnære bodycare products, tattoo products and injection product

B)
resturants: private or public enterprises or private persons who perform ein activity tribunal § 2, first paragraph, apart from the activity of private and non-commercial purpose

C)
turnover: possession for the purpose of saddle, frambod saddlery, distribution, self saddled and all other forms of overdraging, with or without compensation.

Chapter II. Prohibitions and commanded

§ 5. Prohibition producers who do not have health It is prohibited to develop, manufacture, import, tilarbeide, distribute, export and translate product under normal use or use as it is a reasonable period, realizing themselves, not are safe for human or animal.
Ministry may issue further regulations concerning when product shall be deemed to be not safe for human or animal.

§ 6. Approval Duty Ministry may issue regulations concerning the approval obligation and notification requirement for certain types of product.


§ 7. Marking, presentation and advertising labeling, presentation, advertising for and anna marketing of products shall be correct, give the recipient sufficient information and not be eminently suitable to misleading.
Ministry may issue further regulations on obligations under the first paragraph, for example regulations on health claims and voluntary schemes for labeling.
Ministry may issue regulations on the obligation to document dei claims used in the marketability of feeding of a product, and the requirements for this type of documentation.

§ 8. Manufacture, content, samansetjing and quality Ministry may by regulations lay down requirements for the production, the ingredients and the other contents of, samansetjinga and quality of the product and material and artefacts that are specific to others: or can be of relevance in the product.

§ 9. Testing on animals Ministry may issue regulations prohibiting the development, manufacture, import, processing, export and sale of products that are tested on animals, or which contains an or more ingredients that are tested on animals.

§ 10. Antibiotikaresistensgen Ministry may issue regulations banning products that contain gene from processed genetically modified material which gena codes for antibiotic resistance.

§ 11. Establishment, design and operation location, design and operation of activities related to the product should be hygienic.
The Ministry may by regulations lay down supplementary requirements for the establishment, location, design and operation of activities in the businesses with ties to producers, for example, claim notification, registration, approval and withdrawal of approval, and the health and hygiene of the staff.

§ 12. Etterlevingsplikt and systematic control Activities shall ensure that plementary provisions contained in or medhald of this act is lived. The Ministry may issue regulations to know who is responsible for its activities, and the duty to give notice to the regulatory body.
Ministry may issue regulations on the duty to establish and carry out systematic control.
Ministry may issue regulations on the academic expertise of staff.

§ 13. Accessibility of the city, duty to assist etc The enterprise will provide supervision unhindered access to the city or local where it goes the more activities covered by the Act, so that the Authority can do the necessary investigations. Foreign inspectors may take part in inspections etc. When it is necessary to fulfill dei international obligations Norway has.
Activities shall make the necessary facilities, inventory, help and tool, which at the disposal of the exercise of supervision and otherwise provide assistance and facilitating supervision.
Ministry may issue further regulations concerning avail to confirm, duty to assist, sampling etc.

§ 14. notification and information Activities shall notify the inspection authority for suspected product that not is safe for human or animal.
Activities shall, when audit requires it, gratuitously give or submit required information, samples and results of conducted analyzes. Supervision Authority can decide how the information should be given, among other things as regards the form, level of detail etc.
Ministry may issue further regulations on disclosure and reporting requirements for health professionals and others.
Ministry may issue further regulations on the duty to publicly Gjere result of inspection activities.

§ 15. Documentation etc. The Ministry may issue regulations concerning documentation, for example, require discharge and obligation to obtain and keep documentation and obligation to enclose testimonials, certificates or some other documentation of transportation and sales.

Chapter III. Concluding plementary provisions

§ 16. Inspection and decisions Supervision Authority supervises and may make decisions necessary to prohibit the development, production, import, processing, distribution, export and sale of products and the sequestration, destruction and closing of its activities.
Supervisory Authority may instruct whoever is responsible for its activities, to cover the actual costs in connection with the seizure, destruction and closing of its activities.
If orders are not being followed, if it is unknown know who is responsible or where it is necessary to take action swiftly, the Authority may self-implement measures Tribunal in the first paragraph. Measures may proper implementation of cost of the person responsible. Shoulder amount is enforceable by execution.
Supervision Authority may, if important public interests stances indicate it, or out of consideration for dei international obligations Norway has, lay down, amend or repeal the time-limited regulations without second paper høyring and announces regulations on særskild way.

Public authorities are obliged on request from the Authority to provide the necessary information without being restricted by confidentiality obligation. Police, customs work, coastguard and municipalities should on location request provide assistance to the audit.
Ministry decide what to EiT administrative authority is to be a supervisory agency by law.

§ 17. Archival Registers To ensure plementary provisions contained in or medhald of this act is lived, the supervisory body establish personal register with necessary information about the businesses it supervises.
To ensure that the provisions of this Act are being followed, the supervisory body may collect information for the registry as mentioned in the first paragraph, also information from existing registry.
Ministry may issue regulations on the more detailed rules for such registry, among other requirements for confidentiality and disclosure of information.

§ 18. Charges and fees ministry may in regulations instruct Activities to pay fees to cover the costs of inspection, control and Special provision, for example, printing certificates and approval under this Act.
Ministry may in regulations instruct Activities to pay a fee to cover the costs of supervision and control under this Act not covered therein by fee in medhald of the first paragraph.
Ministry may issue further plementary provisions on calculation, innkrevjing and payment of fees and charges.
By delayed payment of fees shall be paid in accordance with the Act of 17 December 1976 no. 100 relating to interest on overdue payments
fee is enforceable by execution.

§ 19. Exemptions The Ministry may in special cases grant exemptions from the provisions laid down in or medhald of this Act, under precondition that it not wrestle against dei international obligations Norway has.

§ 20. Coercive fines Ei resturants as not holding the deadline for fulfillment of orders issued medhald of this Act may instruct fines by the regulatory body in the form of eingong fine or løpande liquidated damages.
Coercive fine may be set out already in connection with the order being given, when it is necessary that the deadline will Halden.
Imposition of fines is enforceable by execution.
Ministry may issue further plementary provisions laying down and Computational of fines.

§ 21. Penalties Deliberate or aktlaust breach of plementary provisions or decisions made in or medhald of this act is punished by fines or imprisonment not exceeding one year or both.

§ 22. Iverksetjing and transitional rules This Act liability from the King fastset.1
Law 19 May 1933 No.. 3 on the Supervision of cosmetics and body care products etc. will be called off from the same date. Regulations or administrative decisions issued medhald of the repealed Act debt to they become be called off.