The Office for Product Safety and Standards (OPSS), the UK authorities’s product security physique, just lately introduced the authorities’s intention to revise the Cosmetic Products Regulations 2009 (UK Cosmetic Regulations) and the Toys (Safety) Regulations 2011 (UK Toys Regulations), as relevant in England, Wales and Scotland.
These proposed reforms are the first we have now seen since the finish of the Brexit transition interval on 31 December 2020 and will convey the UK regulations into line with current restrictions and prohibitions which have been launched in the European Union. This signifies that the UK is searching for to guarantee its product security regime will stay aligned with that of the EU, at the least the place regulated merchandise are involved. However, the OPSS is at present present process a full-scale assessment of the UK’s product security regime for shopper merchandise, which could lead on to radical reform, and end in divergence from the present EU-based framework.
What adjustments are being proposed?
The proposed measures will amend the permitted ranges of, or prohibit, sure chemical substances in each the UK Toys Regulations and the UK Cosmetics Regulations, with the intention of safeguarding shoppers towards doubtlessly dangerous publicity to these chemical substances.
The following adjustments are anticipated to be made to the relevant regulations:
1.1 Cosmetic Products
Substances labeled as Carcinogen Mutagen and Reprotoxic (CMR) beneath the EU’s Classification, Labelling and Packaging Regulation (as retained in the UK) might be banned to be used in cosmetic merchandise in the UK. These substances might be added to Annex 2 of the UK Cosmetic Regulations, which features a record of prohibited chemical substances.
1.2 Toy merchandise
The want to shield shoppers from doubtlessly allergenic substances continues to be a serious focus for legislators and the Food Standards Agency, which regulates the security of meals merchandise. However, given the scope for allergens to be utilized in merchandise corresponding to toys, on this case to add a perfume to the product, the OPSS can also be searching for to guarantee it’s alive to this key product security situation.
The use of three allergenic fragrances (methyl heptane carbonate, atranol and choloratranol) might be prohibited to be used in toys by the proposed reforms. This mirrors the prohibition of those three chemical substances in toys by the European Commission on 11 December 2020. The ban is a pure extension of present prohibitions on atranol and chloroatranol, and restriction of methyl heptane carbonate to 0.01%, in the UK Cosmetics Regulations.
These three fragrances are generally used to perfume merchandise corresponding to finger paints and modelling clay.
1.3 Proposed reforms affecting each toy and cosmetic merchandise
The use of sure substances in each toys and cosmetics are to be restricted following the concluded assessments of the Scientific Advisory Group on Chemical Safety in Products’ (SAG-CS) concerning the threat to human well being of a lot of chemical substances.
The UK Toys Regulations might be amended to scale back the permitted limits of aluminium, aniline and formaldehyde in toys, following such restrictions in the European regulations.
The UK Cosmetics Regulations might be amended to: (i) prohibit the use of the pores and skin lightening agent (deoxyarbutin); and (ii) allow salicylic acid at 0.5% for makes use of aside from as a preservative in physique lotion, mascara, eye shadow, eyeliner, lipstick and roll-on deodorant.
Timelines for compliance
The UK authorities has said that ‘a shorter entry into drive interval is important to keep away from potential destructive impacts of the use and limits of sure chemical substances at present utilized in some toys and cosmetics’. It is subsequently meant that: (i) merchandise containing CMR substances and perfume allergens won’t be banned from the market on or after 15 October 2022; and (ii) merchandise containing the chemical substances assessed by SAG-CS will be unable to be positioned on the market on or after 15 December 2022.
However, there might be transitional durations ending on 15 December 2022 for merchandise containing CMR substances and perfume allergens, and 15 March 2023 for chemical substances assessed by SAG-CS. During these durations, such merchandise might be allowed to be made obtainable. It might be illegal to provide the non-complying merchandise after these dates.