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A draft French decree sets conditions for the bulk sale of cosmetics

Un projet de décret français fixe les conditions pour la vente en vrac des cosmétiques

On 22 November 2022, France notified the European Commission of a draft decree “establishing the list of products that may not be sold in bulk for public health reasons”. Cosmetic products are included in this list. Their sale in bulk will however remain possible, but under strictly defined conditions.

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This draft decree is part of the implementation of the French “AGEC” and “Climate and Resilience” laws, several provisions of which favour the deployment of bulk sales of consumer products.
It lists the products for which bulk sales are prohibited by the texts in force and those for which the application of EU law, particularly in terms of hygiene, but also when the use of these products is likely to present a danger for the consumer, makes bulk sales impossible.
In addition to these cases, there are products identified by the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail (ANSES), which was consulted by the French authorities.

Conditions of sale for bulk cosmetics

In Subsection 2 “Products permitted to be sold in bulk only under certain conditions”, point 6 includes:
• cosmetic products for which a preservation challenge test and microbiological controls on the finished product are required in accordance with the Commission Implementing Decision of 25 November 2013 on guidelines for the application of Annex I to Regulation (EC) No.1223/2009 of the European Parliament and of the Council on cosmetic products.

These products can only be sold in bulk if they are sold under two …

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