S.I. No. 341/1982 - European Communities (Cosmetic Products) Regulations, 1982.

S.I. No. 341 of 1982.

EUROPEAN COMMUNITIES (COSMETIC PRODUCTS) REGULATIONS, 1982.

The Minister for Health, in exercise of the powers conferred by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the European Communities (Cosmetic Products) Regulations, 1982.

(2) These Regulations shall be construed as one with the Principal Regulations and may be cited with those Regulations as the European Communities (Cosmetic Products) Regulations, 1979 and 1982.

2. In these Regulations—

"approved examiner" means a public analyst appointed under section 10 of the Sale of Food and Drugs Act, 1875;

"the Commission Directives" mean Commission Directives 80/1335/EEC¹ and 82/434/EEC² ;

1. Official Journal of the European Communities, No. L383 31/12/80 (pages 27-46)

2. Official Journal of the European Communities, No. L185 30/6/82 (pages 1-28)

"the Principal Regulations" means the European Communities (Cosmetic Products) Regulations, 1979 ( S.I. No. 402 of 1979 .).

3. The Principal Regulations are hereby amended—

( a ) by the substitution of the following for article 2(1):—

"(1) In these Regulations—

"the Council Directive" means Council Directive 76/768/EEC³ as amended by Council Directive 79/661/EEC⁴ and as adapted and amended by Commission Directive 82/147/EEC⁵;

3. Official Journal of the European Communities, No. L262 27/9/76 (pages 169-200)

4. Official Journal of the European Communities, No. L192 31/7/79 (page 35)

5. Official Journal of the European Communities, No. L63 6/3/82 (page 26)

"the Minister" means the Minister for Health."

( b ) by the substitution of the following for article 3(3):—

"(3) Article 4 of these Regulations shall not apply, during the period from the commencement of these Regulations until 31 December, 1983, to cosmetic products containing the substances and colouring agents specified in article 5 of the Council Directive and complying with the limits and conditions therein laid down."

( c ) by the addition of the following words to article 4 (c):—

"and the information specified in article 6 (1) (b), (c) and (d) is expressed in the Irish or the English language;"

( d ) by the addition of the following words to article 6(1):—

"and by health boards and their officers."

4. For the purpose of ascertaining whether or not there is or has been a contravention of article 4 of the Principal Regulations, an officer specified in article 6(1) of those Regulations (with, in the case of an officer of the Minister, a written authorisation of the Minister, and in the case of an officer of a health board, a written authorisation of the board) may, at all reasonable times—

( a ) enter any premises where cosmetic products are manufactured, stored, sold or offered or kept for sale, and

( b ) inspect and take (with or without payment) samples for the purpose of analysis of any cosmetic product which is manufactured, stored, sold or offered or kept for sale at such premises.

5. The taking of samples of cosmetic products by officers specified in article 6 (1) of the Principal Regulations and the analysis of samples by or under the direction of approved examiners shall be carried out in accordance with the methods of sampling and analysis specified in the Commission Directives.

6. (1) In any proceedings for a contravention of article 4 of the Principal Regulations a certificate signed by an approved examiner stating the result of the analysis of a sample shall, with regard to that sample, be evidence for all purposes of such result.

(2) The certificate referred to in sub-article (1) of this article shall be in the form set out in the Schedule to these Regulations.

SCHEDULE

EUROPEAN COMMUNITIES (COSMETIC PRODUCTS) REGULATIONS, 1982 ( S.I. No. 341 of 1982 )

Certificate stating results of analysis

This Certificate is issued by me, the undersigned, for the purpose of article 5 of the European Communities (Cosmetic Products) Regulations, 1982.

I hereby certify that I received on the ................... day of .................................................. 19 ..............

from (1) ............................................................ ................ of............................................................ ..............

a sample of (2) ............................ for analysis;

which was undamaged, duly sealed and marked (3) ............................................................ ....................

I further certify that the said sample has been analysed, by me or under my direction (4) in accordance with the methods of analysis specified in Commision Directives 80/1335/EEC and 82/434/EEC, and that the results are as follows:—(5)

Signature ............................................................ Date ...........................................

Address ............................................................ .................................

............................................................ ..............................

(1) Here insert the name of the sampling officer who submitted the sample for analysis.

(2) Here insert the name or description of the product.

(3) Here insert the date, time and place of sampling shown thereon.

(4) Delete if not applicable.

(5) Here insert the relevant results as appropriate.

GIVEN under the Official Seal of the Minister for Health this 29thday

of November, 1982.

MICHAEL WOODS,

Minister for Health.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to the requirements of Commission Directive 82/147/EEC adapting Annex II of Council Directive 76/768/EEC to technical progress, and to Commission Directives 80/1335/EEC and 82/434/EEC relating to the methods of analysis to be used when checking the composition of cosmetics.

In addition, these Regulations amend the European Communities (Cosmetic Products) Regulations, 1979 ( S.I. No. 402 of 1979 ) in certain respects.