Fair Trading (Information Standard) (Cosmetics) Regulations 2010

i Fair Trading (Information Standard) (Cosmetics) Regulations 2010 S.R. No. 45/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Prescribed information standard 1 4 Definitions 2 5 Exempt cosmetic products 3 6 List of ingredients 3 7 Form of ingredients list 5 8 Confidentiality provisions 5 9 Review of decisions 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2010 S.R. No. 45/2010 Fair Trading Act 1999 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 23 June 2010 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe an information standard for cosmetics manufactured in or imported into Australia which are intended to be used in Australia. 2 Authorising provisions These Regulations are made under sections 47 and 165 of the Fair Trading Act 1999. 3 Prescribed information standard For the purposes of section 46(1) of the Fair Trading Act 1999, the prescribed information standard for cosmetics consists of the requirements set out in these Regulations. -- 2 of 7 -- S.R. No. 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 2 4 Definitions In these Regulations— aroma in respect of an ingredient, means a product that contains a material or combination of materials normally added to a cosmetic to produce or mask a particular aroma; container in relation to a cosmetic product, means the container or wrapper in which the product is packed; cosmetic product means a substance or preparation intended for placement in contact with any external part of the human body, including the mucous membranes of the oral cavity and the teeth, with a view to— (a) altering the odours of the body; or (b) changing its appearance; or (c) cleansing it; or (d) maintaining it in good condition; or (e) perfuming it; or (f) protecting it. flavour in respect of an ingredient, means a product that contains a material or combination of materials normally added to a cosmetic to produce or to mask a particular flavour; fragrance means a substance used solely to impart an odour to a cosmetic product; incidental ingredient means any ingredient or substance which has no technical or functional effect in a cosmetic product and is present in insignificant levels; the Act means the Fair Trading Act 1999. r. 4 -- 3 of 7 -- S.R. No. 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 3 5 Exempt cosmetic products These regulations do not apply to— (a) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth; or (b) free samples of a cosmetic product; or (c) testers of a cosmetic product. 6 List of ingredients (1) The ingredients in a cosmetic product must be listed in a descending order by volume or mass and the list must appear— (a) on the container; or (b) if the product is not packed in a container— on the product. (2) Despite subregulation (1), ingredients in a cosmetic product may be listed in the following order— (a) in the case of ingredients that are not colour additives and are contained in concentrations of 1 per cent or more—in descending order by volume or mass; and (b) in the case of ingredients that are not colour additives and are contained in concentrations of less than 1 per cent—in any order; and (c) in the case of colour additives—in any order. (3) If subregulation (1) or (2) cannot be complied with in relation to the listing of a container or a cosmetic product because of the size or shape or nature of the container or product, a list of the product's ingredients must be shown in another way that ensures that a consumer can be informed about the ingredients in the product. r. 5 -- 4 of 7 -- S.R. No. 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 4 (4) A list of ingredients in a cosmetic product may include a reference to a colour additive that is not in the cosmetic product if the colour additive is— (a) added to some batches of the product for the purposes of colour matching; or (b) used in one or more but not all of a range of cosmetic products. (5) For the purposes of subregulation (4)(b), a range of products means a number of cosmetic products produced by the same supplier that are— (a) similar in composition; and (b) intended for the same use; and (c) available in different shades. (6) If a list of ingredients states that a cosmetic product may contain a colour additive referred to in subregulation (4), the list must state that the product may contain the additive by using— (a) the words "may contain" (or other words of similar meaning) and the name of the additive; or (b) the symbol "+/–" and the name of the additive. (7) A list of ingredients for a cosmetic product must include any flavour in the list in the following manner— (a) by using the word "flavour", "flavours", "aroma" or "aromas"; or (b) by listing the ingredients in the flavour. r. 6 -- 5 of 7 -- S.R. No. 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 5 (8) A list of ingredients for a cosmetic product must include any fragrance in the list in the following manner— (a) by using the word "fragrance", "fragrances", "parfum" or "parfums"; or (b) by listing the ingredients in the fragrance. (9) Despite subregulation (1), an incidental ingredient in a cosmetic product is not required to be included in a list of ingredients. 7 Form of ingredients list (1) A list of ingredients for a cosmetic product must be prominently shown and clearly legible. (2) The names of the ingredients in the list must be either their English names or their International Nomenclature Cosmetic Ingredient names. (3) In addition to the list referred to in subregulation (2), a list of ingredients in another language may also be displayed. 8 Confidentiality provisions On the request of the manufacturer or importer of a cosmetic product, the Minister may by notice published in the Victoria Government Gazette, permit an ingredient in the product to be shown in a list of the ingredients of the product as an "other ingredient" instead of by name and volume or mass if the Minister is satisfied that— (a) revealing the name of the ingredient on the list would prejudice a trade secret; and (b) the inclusion of the ingredient in the product is unlikely to be harmful to a consumer. r. 7 -- 6 of 7 -- S.R. No. 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 6 9 Review of decisions (1) A person whose interests are affected by a decision of the Minister refusing to give permission under regulation 8 may apply to the Tribunal for a review of that decision. (2) When the Minister notifies a person of a decision refusing to give permission, the notice must include a statement to the effect that— (a) subject to the Victorian Civil and Administrative Tribunal Act 1998, an application may be made to the Tribunal for a review of the decision to which the notice relates; and (b) a person whose interests are affected by the decision may request a statement under section 45 of that Act. (3) A failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision. ═══════════════ r. 9 -- 7 of 7 --