Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 (Cth)

Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991

Statutory Rules 1991 No. 327 as amended

made under the

Trade Practices Act 1974

This compilation was prepared on 23 May 2008

taking into account amendments up to SLI 2008 No. 82

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

      1Name of regulations [see Note 1]

 These regulations are the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991.

2Application

These regulations apply to cosmetic products:

• (a)

  manufactured in Australia and intended to be used in Australia; or

• (b)

  imported into Australia;

on or after 31 October 1993.

3Interpretation

 In these regulations, unless the contrary intention appears:

aroma has the same meaning as in the International Cosmetic Ingredient Dictionary and Handbook, Twelfth Edition 2008.

Note   The International Cosmetic Ingredient Dictionary and Handbook, Twelfth Edition 2008 defines aroma as follows:

 ‘Aroma is a term for ingredient labeling used to identify that a product contains a material or combination of materials normally added to a cosmetic to produce or to mask a particular flavor. The term Aroma shall be used in the European Union (EU) for ingredient labeling instead of listing the individual components of a flavor under the 6th Amendment to the EC Cosmetics Directive. The INCI name permitted for labeling in the U.S. that corresponds to this EU labeling name is Flavor. See “Regulatory and Ingredient Use Information,” regarding use of the INCI Names, Flavor and Aroma in Volume 1, Introduction, Part A.’.

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:

• (a)

  the mucous membranes of the oral cavity; and

• (b)

  the teeth;

with a view to:

• (c)

  altering the odours of the body; or

• (d)

  changing its appearance; or

• (e)

  cleansing it; or

• (f)

  maintaining it in good condition; or

• (g)

  perfuming it; or

• (h)

  protecting it.

flavour has the same meaning as the definition of flavor in the International Cosmetic Ingredient Dictionary and Handbook, Twelfth Edition 2008.

Note   The International Cosmetic Ingredient Dictionary and Handbook, Twelfth Edition 2008 defines flavor as follows:

 ‘Flavor is a term for ingredient labeling used to identify that a product contains a material or combination of materials normally added to a cosmetic to produce or to mask a particular flavor. The term Flavor may be used instead of listing the individual components of the flavor in accordance with U.S. 21 CFR 701.3(a). The labeling name in the EU will be Aroma under the 6th Amendment to the EC Cosmetics Directive. See “Regulatory and Ingredient Use Information,” regarding use of the INCI Names, Flavor and Aroma in Volume 1, Introduction, Part A.’.

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.

4Exempt cosmetic products

These regulations do not apply to:

• (a)

  therapeutic goods within the meaning of the Therapeutic Goods Act 1989; or

(b) free samples of a cosmetic product; or

• (c)

  testers of a cosmetic product.

5List of ingredients

 (1)The ingredients in a cosmetic product must be listed:

• (a)

  on the container; or

• (b)

  if the product is not packed in a container — on the product;

in descending order by volume or mass.

 (2)As an alternative to subregulation (1), the ingredients may be listed in the following order:

• (a)

  ingredients (except colour additives) in concentrations of 1 per cent or more — in descending order by volume or mass; and

• (b)

  ingredients (except colour additives) in concentrations of less than 1 per cent — in any order; and

• (c)

  colour additives — in any order.

(3)

If subregulation (1) or (2) cannot be complied with in relation to a container or a cosmetic product because of its:

• (a)

  size; or

• (b)

  shape; or

• (c)

  nature;

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.

(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 paragraph (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 cosmetic product may contain a colour additive mentioned in subregulation (4), the list of ingredients:

• (a)

  must say that the product may contain the additive; and

• (b)

  must do so by using:

  • (i)

    the words ‘may contain’ (or other words of similar meaning) and the name of the additive; or

  • (ii)

    the symbol ‘’ and the name of the additive.

(7)

A flavour or flavours in a cosmetic product must be shown in the list of the product’s ingredients by including in the list:

• (a)

  the word ‘flavour’, ‘flavours’, ‘aroma’ or ‘aromas’; or

• (b)

  the ingredients in the flavour or flavours.

(8)

A fragrance or fragrances in a cosmetic product must be shown in the list of the product’s ingredients by including in the list:

• (a)

  the word ‘fragrance’, ‘fragrances’, ‘parfum’ or ‘parfums’; or

• (b)

  the ingredients in the fragrance or fragrances.

(9)

An incidental ingredient in a cosmetic product need not be included in the list of the product’s ingredients.

6Form of ingredients list

• (1)

  A list of ingredients must be:

  • (a)

    prominently shown; and

  • (b)

    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)

  There may also be a list of ingredients in another language.

7Confidentiality provisions

 On the request of the manufacturer or importer of a cosmetic product, the Minister may, by notice published in the Gazette, give permission for an ingredient in the product to be shown in a list of the ingredients in the product as an ‘other ingredient’ (instead of by name and volume or mass) if the Minister is satisfied:

• (a)

  that revealing the name of the ingredient would prejudice a trade secret; and

• (b)

  that inclusion of the ingredient in the product is unlikely to be harmful to a consumer.

8Review of decisions

(1) Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister refusing to give permission under regulation 7.

(2)

When the Minister notifies a person of a decision refusing to give permission, the notice must include a statement to the effect:

• (a)

  that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

• (b)

  that a person whose interests are affected by the decision may request a statement under section 28 of that Act.

(3)

A failure to comply with subregulation (2) in relation to a decision does not affect the validity of the decision.

Notes to the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991

Note 1

The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 (in force under the Trade Practices Act 1974) as shown in this compilation comprise Statutory Rules 1991 No. 327 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1991 No. 327	29 Oct 1991	31 Oct 1991
1998 No. 364	22 Dec 1998	22 Dec 1998	—
2008 No. 82	22 May 2008 (see F2008L01521)	23 May 2008	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 1998 No. 364
R. 3.........................................	am. 2008 No. 82
R. 5.........................................	am. 1998 No. 364
R. 6.........................................	rs. 1998 No. 364