Decree no. 2023-837, published in the Official Journal of the French Republic on 31 August 2023, establishes the list of products that may not be sold in bulk for public health reasons. It also sets out the conditions for bulk sales of certain products, including cosmetics.
Products that may only be sold in bulk under certain conditions include :
• Cosmetic products for which a “challenge test” for preservation and microbiological controls on the finished product are required pursuant to 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.
They may be sold in retail outlets accessible to the consumer, including distance selling and mobile sales outlets.
To take account of the “specific risks associated with their characteristics”, they must be sold :
• Either in assisted service
• Or by means of a distribution system suitable for self-service bulk sales
The Decree defines these two concepts as follows.
• An assisted service is a sales method in which the product is packaged and immediately handed over to the consumer by an operator at the point of sale.
• A suitable distribution device is one which, having regard to the characteristics of the product, enables its integrity to be preserved, its conservation to be ensured, the specific requirements relating to its safety to be met and the hygiene and safety requirements of the sales …
