Sunday, February 8, 2015

The Duties Of EU Cosmetics Regulation Responsible Person

By Ines Flores


The European Union has formulated a set of regulations to govern the manufacturing, labeling and supply of cosmetic products in its jurisdiction. The new law came into place in July 2013 replacing ec76/768. The law unifies the rules on ingredients and labeling thereby abolishing the barriers to trade among countries in the Union. Also, the new EU cosmetics regulation responsible person is the brand owner with new description and legal responsibilities.

The new law defines a responsible person (RP) as who has an address in this Union and is legally bound to hold all the product documentation. The most important documentation the individual is responsible for the safety assessment in a Product Information File. The individual is required by law to maintain the document, compliance with EU legislation and have a comprehensive procedure for handling customer complaints.

The term responsible person is legal for an individual or group such as a company with certain pre-described obligation towards a product. It can be an individual agent in the European Union of the manufacturing company is based outside the European Union. Alternatively, the term may refer to the manufacturing company itself if based in the Union or one which orders the products manufacture. Also, the company involved in direct importation may play the role.

The role of RP cannot be emphasized enough. For manufacturers based outside the Union, the individuals provide the only way for their products to reach the EU market. This is because only goods with a designated natural or legal RP can be imported into the Union. Also, the individual ought to be identifiable with legal obligations.

Some of the obligations of a responsible individual are to report any significant negative effects of the goods to the relevant national authorities. The individual should also notify the CPNP before the goods are placed in European Union Market. If the products contain nano materials, he or she should notify the Commission 6 months before the product reaches the market.

The safety and compliance of products entering the market should be ascertained by the RP. In case, any of them is potentially harmful to human health, the RP should report it to relevant competent bodies. In addition, the RP should help in rectifying the problem. Such authorities are mandated to collect information from users and share it with other EU member states.

The government and business stand to benefit from the RP. For a business, having one to serve as the contact point for any issues regarding regulation is good for business. Besides, the fact that they handle the compilation and updating of business documents ensures that the products get to the market promptly. The business also stays out of trouble as there is someone whose sole purpose is to ensure compliance.

The fact that there is one person to respond to crisis and questions makes it easier for the company to respond to emergency situations. Also, the government is able to trace one person compared to the whole company in case of emergencies. Even when importers change, the RP remains the same so that there is no need for re-notifications and reprinting of labels. Thus, the government saves time and money.




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