The Cosmetic Products (Implementation) Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,789, 9 ta’ Awwissu, 2011

L.N. 323 of 2011

PRODUCT SAFETY ACT

(CAP. 427)

The Cosmetic Products (Implementation) Regulations, 2011

IN exercise of the powers conferred by article 39 of

the Product Safety Act, the Prime Minister, on the advice of the

Malta Competition and Consumer Affairs Authority, has made the

following regulations

The title of these regulations is The Cosmetic Products

(Implementation) Regulations, 2011.

(1)

These regulations shall apply from the 11th July

2013. (2) These regulations implement the provisions of

Articles 11, 19(5), 34(1), and 37 of Regulation (EC) No 1223/2009

of the European Parliament and of the Council of 30 November

2009 on cosmetic products.

(3) By way of derogation from the Cosmetic Products

Regulations, 2004, cosmetic products which comply with these L.N. 424 of 2004

regulations may be placed on the market before the 11th July 2013.

The Technical Regulations Division as established by Establishment of the

the Malta Competition and Consumer Affairs Authority Act, (Cap. competent authority.

510) within the Malta Competition and Consumer Affairs Authority

is

(a) responsible for in-market control within the

meaning of Article 22 of Regulation (EC) No 1223/2009 of

the European Parliament and of the Council of 30 November

2009 on cosmetic products; and

(b) the competent authority within the meaning of

Article 34(1) of Regulation (EC) No 1223/2009 of the

European Parliament and of the Council of 30 November

2009 on cosmetic products.

With reference to Article 11 of Regulation (EC) No

1223/2009 the information contained in the product information file

shall be made available in at least one of the following languages

Maltese, English, Italian.

With reference to Article 19(5) of Regulation (EC) No

1223/2009 the language of the following information mentioned

in the following points (a) to (d) shall be supplied in at least one of

the following languages: Maltese, English.

(a) the nominal content at the time of packaging, given

by weight or by volume, except in the case of packaging

containing less than five grams or five millilitres, free samples

and single-application packs; for pre-packages normally

sold as a number of items, for which details of weight or

volume are not significant, the content need not be given

provided the number of items appears on the packaging. This

information need not be given if the number of items is easy

to see from the outside or if the product is normally only sold

individually;

(b) the date until which the cosmetic product, stored

under appropriate conditions, will continue to fulfil its

initial function and, in particular, will remain in conformity

with Article 3 (‘date of minimum durability’) of Regulation

(EC) No 1223/2009. The date itself or details of where it

appears on the packaging shall be preceded, by the symbol

shown in point 3 of Annex VII of Regulation (EC) No

1223/2009, or the words: ‘best used before the end of’. The

date of minimum durability shall be clearly expressed and

shall consist of the month and year or the day, month and

year, in that order. If necessary, this information shall be

supplemented by an indication of the conditions which must

be satisfied to guarantee the stated durability. Indication of

the date of minimum durability shall not be mandatory for

cosmetic products with a minimum durability of more than

30 months. For such products, there shall be an indication

of the period of time after opening for which the product is

safe and can be used without any harm to the consumer. This

information shall be indicated, except where the concept of

durability after opening is not relevant, by the symbol, shown

in point 2 of Annex VII of Regulation (EC) No 1223/2009,

followed by the period (in months and/or years);

(c) particular precautions to be observed in use, and

at least those listed in Annexes III to VI of Regulation (EC)

No 1223/2009 and any special precautionary information on

cosmetic products for professional use; and

(d) the function of the cosmetic product, unless it is

clear from its presentation.

With reference to Article 37 the penalties applicable for

infringement of the provisions of Regulation (EC) No.1223/2009

shall be those provided for in Part IV of the Product Safety Act.

The Cosmetic Products Regulations, 2004, transposing Revokes L.N. 424 of

Directive 76/768/EEC shall be revoked, with effect from the 11th 2004.

July 2013.