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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2009/uksi_20090796_en_1.html

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The Cosmetic Products (Safety) (Amendment) Regulations 2009

Made

23rd March 2009

Laid before Parliament

30th March 2009

Coming into force

14th October 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 11 of the Consumer Protection Act 1987(1).

In accordance with section 11(5) of that Act the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as are considered appropriate and the Health and Safety Executive.

Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) Regulations 2009 and shall come into force on 14th October 2009.

(2) In these Regulations "the Principal Regulations" means the Cosmetic Products (Safety) Regulations 2008(2).

Amendment to the Principal Regulations

2. The Principal Regulations are amended as follows–

(a) in Schedule 2 insert at the end–

"56. Commission Directive 2008/88/EC (O.J. No. L256, 24.9.2008, p.12).";

(b) in Schedule 3, after the entry relating to reference number 1328, the entries relating to reference numbers 1329 to 1369, as set out in the Schedule to these Regulations, are added; and

(c) in Schedule 4

(i) in Part 1–

(aa) the entry relating to reference number 10 is deleted;

(bb) in the entry in column (c) of reference number 14, item (a) is deleted;

(ii) in Part 2 the entries relating to reference numbers 59 and 60 are deleted.

Gareth Thomas

Minister of State for Trade, Development and Consumer Affairs

Department for Business, Enterprise & Regulatory Reform

23rd March 2009

Regulation 2(b)

SCHEDULE

No. Name of Substance EC No CAS No.
1329 4-[(4-Aminophenyl)(4-iminocyclohexa-2,5-dien-1-ylidene)methyl]-o-toluidine 3248-93-9
and its hydrochloride salt (Basic Violet 14; CI 42510) when used as a substance in hair dye products 632-99-5
1330 4-(2,4-Dihydroxyphenylazo)benzenesulphonic acid 2050-34-2
(and its sodium salt (Acid Orange 6; CI 14270) when used as a substance in hair dye products) 547-57-9
1331 3-Hydroxy-4-(phenylazo)-2-naphthoic acid 27757-79-5
and its calcium salt (Pigment Red 64:1; CI 15800) , when used as a substance in hair dye products 6371-76-2
1332 2-(6-Hydroxy-3-oxo-(3H)-xanthen-9-yl)benzoic acid;
Fluorescein and its disodium salt (Acid yellow 73 sodium salt; CI 45350), when used as a substance in hair dye products

2321-07-5

518-47-8

1333 4-�,5-�-Dibromo-3-�,6-�-dihydroxyspiro[isobenzofuran-1(3H),9-�-[9H]xanthene]-3-one; 4-�,5-�-Dibromofluorescein;
(Solvent Red 72) and its disodium salt (CI 45370) when used as a substance in hair dye products

596-03-2

4372-02-5

1334 2-(3,6-Dihydroxy-2,4,5,7-tetrabromoxanthen-9-yl)-benzoic acid; Fluorescein, 2-�,4-�,5-�,7-�-tetrabromo-;

(Solvent Red 43),

its disodium salt (Acid Red 87; CI 45380)

15086-94-9

17372-87-1

and its aluminium salt (Pigment Red 90:1 Aluminium lake) when used as a substance in hair dye products 15876-39-8
1335 Xanthylium, 9-(2-carboxyphenyl)-3-(2-methylphenyl)amino)-6-((2-methyl-4-sulfophenyl)amino)-, inner salt 10213-95-3
and its sodium salt (Acid Violet 9; CI 45190) when used as a substance in hair dye products 6252-76-2
1336 3-�,6-�-Dihydroxy-4-�,5-�-diiodospiro(isobenzofuran-1(3H),9-�-[9H]xanthene)-3-one; (Solvent Red 73) 38577-97-8
and its sodium salt (Acid Red 95; CI 45425) when used as a substance in hair dye products 33239-19-9
1337 2-�,4-�,5-�,7-�-Tetraiodofluorescein, 15905-32-5
its disodium salt (Acid Red 51; CI 45430) 16423-68-0
and its aluminium salt (Pigment Red 172 Aluminium lake) when used as a substance in hair dye products 12227-78-0
1338 1-Hydroxy-2,4-diaminobenzene (2,4-Diaminophenol) 95-86-3
and its dihydrochloride salt (2,4-Diaminophenol HCl) when used as a substance in hair dye products 137-09-7
1339 1,4-Dihydroxybenzene (Hydroquinone) when used as a substance in hair dye products 123-31-9
1340 [4-[[4-anilino-1-naphthyl][4-(dimethylamino)phenyl]methylene]cyclohexa-2,5-dien-1-ylidene]dimethylammonium chloride (Basic Blue 26; CI 44045) when used as a substance in hair dye products 2580-56-5
1341 Disodium 3-[(2,4-dimethyl-5-sulphonatophenyl)azo]-4-hydroxynaphthalene-1-sulphonate (Ponceau SX; CI 14700) when used as a substance in hair dye products 4548-53-2
1342 Trisodium tris[5,6-dihydro-5-(hydroxyimino)-6-oxonaphthalene-2-sulphonato(2-)-N5,O6]ferrate(3-) (Acid Green 1; CI 10020) when used as a substance in hair dye products 19381-50-1
1343 4-(Phenylazo)resorcinol (Solvent Orange 1; CI 11920) and its salts, when used as a substance in hair dye products 2051-85-6
1344 4-[(4-Ethoxyphenyl)azo]naphthol (Solvent Red 3; CI 12010) and its salts, when used as a substance in hair dye products 6535-42-8
1345 1-[(2-Chloro-4-nitrophenyl)azo]-2-naphthol (Pigment Red 4; CI 12085) and its salts when used as a substance in hair dye products 2814-77-9
1346 3-Hydroxy-N-(o-tolyl)-4-[(2,4,5-trichlorophenyl)azo]naphthalene-2-carboxamide (Pigment Red 112; CI 12370) and its salts when used as a substance in hair dye products 6535-46-2
1347 N-(5-Chloro-2,4-dimethoxyphenyl)-4-[[5-[(diethylamino)sulphonyl]-2-methoxyphenyl]azo]-3-hydroxynaphthalene-2-carboxamide (Pigment Red 5; CI 12490) and its salts when used as a substance in hair dye products 6410-41-9
1348 Disodium 4-[(5-chloro-4-methyl-2-sulphonatophenyl)azo]-3-hydroxy-2-naphthoate (Pigment Red 48; CI 15865) when used as a substance in hair dye products 3564-21-4
1349 Calcium 3-hydroxy-4-[(1-sulphonato-2-naphthyl)azo]-2-naphthoate (Pigment Red 63:1; CI 15880) when used as a substance in hair dye products 6417-83-0
1350 Trisodium 3-hydroxy-4-(4-�-sulphonatonaphthylazo)naphthalene-2,7-disulphonate (Acid Red 27; CI 16185) when used as a substance in hair dye products 915-67-3
1351 2,2-�-[(3,3-�-Dichloro[1,1-�-biphenyl]-4,4-�-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] (Pigment Yellow 13; CI 21100) when used as a substance in hair dye products 5102-83-0
1352 2,2-�-[Cyclohexylidenebis[(2-methyl-4,1-phenylene)azo]]bis[4-cyclohexylphenol] (Solvent Yellow 29; CI 21230) when used as a substance in hair dye products 6706-82-7
1353 1-((4-Phenylazo)phenylazo)-2-naphthol (Solvent Red 23; CI 26100) when used as a substance in hair dye products 85-86-9
1354 Tetrasodium 6-amino-4-hydroxy-3-[[7-sulphonato-4-[(4-sulphonatophenyl)azo]-1-naphthyl]azo]naphthalene-2,7-disulphonate (Food Black 2; CI 27755) when used as a substance in hair dye products 2118-39-0
1355 Ethanaminium, N-(4-((4-(diethylamino)phenyl)(2,4-disulfophenyl)methylene)-2,5-cyclohexadien-1-ylidene)-N-ethyl-, hydroxide, inner salt, sodium salt (Acid Blue 1; CI 42045) when used as a substance in hair dye products 129-17-9
1356 Ethanaminium, N-(4-((4-(diethylamino)phenyl)(5-hydroxy-2,4-disulfophenyl)methylene)-2,5-cyclohexadien-1-ylidene)-N-ethyl-, hydroxide, inner salt, calcium salt (2:1) (Acid Blue 3; CI 42051) when used as a substance in hair dye products 3536-49-0
1357 Benzenemethanaminium, N-ethyl-N-(4-((4-(ethyl((3-sulfophenyl)methyl)amino)phenyl)(4-hydroxy-2-sulfophenyl) methylene)-2,5-cyclohexadien-1-ylidene)-3-sulfo-, hydroxide, inner salt, disodium salt (Fast Green FCF; CI 42053) when used as a substance in hair dye products 2353-45-9
1358 1,3-Isobenzofurandione, reaction products with methylquinoline and quinoline (Solvent Yellow 33; CI 47000) when used as a substance in hair dye products 8003-22-3
1359 Nigrosine (CI 50420) when used as a substance in hair dye products 8005-03-6
1360 8,18-Dichloro-5,15-diethyl-5,15-dihydrodiindolo[3,2-b:3-�,2-�-m]triphenodioxazine (Pigment Violet 23; CI 51319) when used as a substance in hair dye products 6358-30-1
1361 1,2-Dihydroxyanthraquinone (Pigment Red 83; CI 58000) when used as a substance in hair dye products 72-48-0
1362 Trisodium 8-hydroxypyrene-1,3,6-trisulphonate (Solvent Green 7; CI 59040) when used as a substance in hair dye products 6358-69-6
1363 1-Hydroxy-4-(p-toluidino)anthraquinone (Solvent Violet 13; CI 60725) , when used as a substance in hair dye products 81-48-1
1364 1,4-bis(p-Tolylamino)anthraquinone (Solvent Green 3; CI 61565) when used as a substance in hair dye products 128-80-3
1365 6-Chloro-2-(6-chloro-4-methyl-3-oxobenzo[b]thien-2(3H)-ylidene)-4-methylbenzo[b]thiophene-3(2H)-one (VAT Red 1; CI 73360) when used as a substance in hair dye products 2379-74-0
1366 5,12-Dihydroquino[2,3-b]acridine-7,14-dione (Pigment Violet 19; CI 73900) when used as a substance in hair dye products 1047-16-1
1367 (29H,31H-Phthalocyaninato(2-)-N29,N30,N31,N32)copper (Pigment Blue 15; CI 74160) when used as a substance in hair dye products 147-14-8
1368 Disodium [29H,31H-phthalocyaninedisulphonato(4-)-N29,N30,N31,N32]cuprate(2-) (Direct Blue 86; CI 74180) when used as a substance in hair dye products 1330-38-7
1369 Polychloro copper phthalocyanine (Pigment Green 7; CI 74260) when used as a substance in hair dye products 1328-53-6

EXPLANATORY NOTE

(This note is not part of the Regulation)

These Regulations amend the Cosmetic Products (Safety) Regulations 2008 (S.I. 2008/1284) ("the Principal Regulations") to give effect to Commission Directive 2008/88/EC (O.J. No. L256, 24.9.2008, p.12) (as amended by the corrigenda) (O.J. No. L263/26 of 2.10.2008) ("the Directive"). The Directive amends Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p.169) on the approximation of the laws of the Member States on cosmetic products. Council Directive 76/768/EEC (as previously amended) has been implemented by the Principal Regulations.

Paragraph (a) of regulation 2 adds the Directive to the list of Directives implemented by the Principal Regulations in Schedule 2. Paragraph (b) adds certain substances to Schedule 3 to the Principal Regulations (list of substances which must not form part of the composition of cosmetic products (unless otherwise specified)) which must not be used as part of the composition of hair dyes after 14th October 2009. Paragraph (c) amends Part 1 of Schedule 4 (list of substances which cosmetic products must not contain except subject to restrictions and conditions) and Part 2 of Schedule 4 (substances listed in Part 2 of Annex III to the Directive which are provisionally allowed) to the Principal Regulations.

An impact assessment has not been produced for this instrument as it has no significant impact on the costs of business. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET.

(1)

1987 c.43. Section 11(1) has been amended by S.I. 2005/1803, and section 11(5) has been amended by S.I. 2008/960. Back [1]



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