Initially perfectly aligned with European cosmetics regulations in the early post-Brexit days, the UK is increasingly distancing itself from them by creating its own rules. This is particularly the case for ingredient management, as illustrated by this guide published by the OPSS (Office for Product Safety & Standards) on 5 October 2023 for exemptions from the ban on the use of CMR substances.
The guidance published online by the OPSS begins by recalling the principle of prohibition and possible exemptions under the now British Cosmetics Regulation, with the same rules as those in Article 15 of the European Cosmetics Regulation.
However, the decision of harmonized classifying and labelling of substances now comes under the British CLP Regulation, the GB MCL (Mandatory Classification and Labelling).
OPSS details the procedures and timescales involved, from the publication of an intention to classify by the European Chemicals Agency (ECHA) to its implementation in Great Britain, including publication of the opinion of the ECHA’s Risk Assessment Committee (RAC), the GB MCL Agency’s recommendation to the UK Secretary of State, and the updating of the GB MCL List.
The same structure (procedures and deadlines) is followed for the exemption process, from the application by an interested party (which must contain all the relevant information as set out in the European SCCS Guidelines) to the final Opinion of its British equivalent (SAG-CS, Scientific Advisory Group on Chemical Safety in Consumer Products), the amendment of the Annexes to the UK Cosmetics Regulations and the date of compliance.
In the end, while European and British procedures have the same starting point, they …
