The decree No2017-291 of 6 March 2017 prohibiting the placing on the market of rinse-off cosmetic products for exfoliation or cleansing that contain solid plastic particles, has been published in the Official Journal of French Republic on 8 March 2017.
The decree defines the conditions for the application of the legal provisions in the Environmental Code to prohibit, as from January 1 st , 2018, the placing on the market of rinsed-off cosmetic products intended for exfoliation or cleansing containing solid plastic particles, except for natural particles not likely to persist in the environment and spread chemical or biological actives, or to affect animal food chains.
It determines the implementing provisions of the 3rd subparagraph of III in Article L.541-10-5 of the Environmental Code, in particular the definition and characteristics of these cosmetic products.
On this basis, the following definitions shall apply:
1° “Cosmetic product”: any product within the meaning of Article L.5131-1 of the Public Health Code
2° “Rinsed-off cosmetic product”: product intended to be rinsed off with water immediately after use
3° “Exfoliation”: exfoliation of the epidermis, meaning the separation of dead parts from the epidermis
4° “Particle”: fragment of material with well-defined physical contours
5° “Solid plastic particles”: any solid plastic particle, in particular microparticles smaller than 5mm, partially or entirely composed of plastic material and obtained by a hot-shaping process
6° “Natural particles not likely to persist in the environment and spread chemical or biological actives”: natural solid particles, for which an order from the Minister of the Environment determines the time and conditions of degradation
7° “Natural particles not likely to affect animal food chains”: natural solid particles which do not contain or release, when degrading in sea water, any substance whose classification, based either on its hazard for the environment or for human health, is listed by an order from the Minister of the Environment
These provisions enter into force on 1st January 2018.
For further information
• See the full text of Décret n° 2017-291 du 6 mars 2017 "relatif aux conditions de mise en œuvre de l'interdiction de mise sur le marché des produits cosmétiques rincés à usage d'exfoliation ou de nettoyage comportant des particules plastiques solides et des bâtonnets ouatés à usage domestique dont la tige est en plastique , on Legifrance website.