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Survey and health assessment of cosmetic products ... - Miljøstyrelsen

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4 Legislation<br />

In the following the Cosmetics Statutory Order (In Danish:<br />

Kosmetikbekendtgørelsen) is described. This legislation is the legislation relevant<br />

for <strong>cosmetic</strong> <strong>products</strong> in Denmark.<br />

In 2009, the EU adopted a new regulation on <strong>cosmetic</strong> <strong>products</strong> (Regulation<br />

No 1223, 2009). However, this regulation does not apply before 11 July 2013,<br />

with the exception <strong>of</strong> a few articles that apply on 1 December 2010 <strong>and</strong> 11<br />

January 2013. All the <strong>cosmetic</strong> <strong>products</strong> investigated in this project were on<br />

the market in the fall <strong>of</strong> 2009 <strong>and</strong> therefore they are not regulated under the<br />

new regulation No 1223/2009. Therefore, only the existing legislation relevant<br />

for the investigated <strong>products</strong> – The Danish Cosmetics Statutory Order, which<br />

implements the EU Cosmetic Directive No. 768 (1976), is described in<br />

details.<br />

The Cosmetics Statutory Order is not described in details here. Instead, focus<br />

is on aspects relevant for non-preserved <strong>cosmetic</strong>s like rules about the content<br />

declaration, shelf life <strong>and</strong> safety <strong>of</strong> the <strong>cosmetic</strong> <strong>products</strong>.<br />

4.1 The Cosmetics Statutory Order<br />

Cosmetic <strong>products</strong> are regulated in the Danish “Cosmetics Statutory Order”<br />

– Statutory Order no. 422 dated 4 May 2006 (Stat. Ord. 422, 2006) – with<br />

several later amendments (primarily to appendixes). The statutory order<br />

implements the European provisions in the <strong>cosmetic</strong>s area <strong>and</strong> includes a<br />

number <strong>of</strong> provisions about the content <strong>of</strong> chemical substances in <strong>cosmetic</strong>s<br />

as well as labelling <strong>of</strong> the <strong>products</strong>.<br />

According to § 10 <strong>of</strong> the Cosmetics Statutory Order, <strong>cosmetic</strong> <strong>products</strong> that<br />

are marketed in the EU must not be harmful to human <strong>health</strong> when they are<br />

used under normal conditions or under conditions which reasonably can be<br />

foreseen. A number <strong>of</strong> restrictions for different chemicals substances as<br />

ingredients in <strong>cosmetic</strong> <strong>products</strong> are listed, i.e. only certain preservatives are<br />

allowed (positive list).<br />

4.1.1 Labelling <strong>of</strong> <strong>cosmetic</strong> <strong>products</strong><br />

Cosmetic <strong>products</strong> have to be labelled with the following information on the<br />

actual product (Stat. Ord. 422, 2006):<br />

� Company name <strong>and</strong> address <strong>of</strong> the manufacturer who within the EU is<br />

responsible for the marketing (§ 19).<br />

� Content in weight or volume (if more than 5 g or more than 5 ml (§ 20)).<br />

� Durability date (if the shelf life is below 30 months (§ 21)).<br />

� Safety regulations for application (§ 22).<br />

� The number <strong>of</strong> the production batch or the reference specification so<br />

that date <strong>and</strong> place <strong>of</strong> production can be identified (§ 23).<br />

� The function <strong>of</strong> the agent (unless it appears from its presentation (§ 24).<br />

23

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