COSMETIC PRODUCTS (IMPLEMENTATION) REGULATIONS

COSMETIC PRODUCTS (IMPLEMENTATION)

SUBSIDIARY LEGISLATION 427.58

COSMETIC PRODUCTS (IMPLEMENTATION)

REGULATIONS

11th July, 2013 *

LEGAL NOTICE 323 of 2011.

The title of these regulations is the Cosmetic Products

(Implementation) Regulations.

(1) 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

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

The Technical Regulations Division as established by the

Malta Competition and Consumer Affairs Authority Act, 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

*see regulation 2(1) of these Regulations as originally promulgated. The said sub-

regulation has been omitted under the Statute Law Revision Act, 1980.

COSMETIC PRODUCTS (IMPLEMENTATION)

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 thirty 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.