A cosmetics product to represent Responsible Person options, post-Brexit.

Cosmetics – User Guide to Responsible Person Options Post Brexit

Changes

From 1st January 2021 the requirements for placing cosmetic products on the UK and EU markets, including the arrangements for nominated persons, has changed.

UK – A responsible person (RP) based in a UK country must be assigned and shown on the artwork. It is the responsibility of the RP to notify the product with the Office for Product Safety and Standards (OPSS). Failure to notify the product may face a fine of up to £5,000, or a prison term of up to 3 months.

EU – Responsible persons based in an UK country are no longer recognised by the EU. Businesses wishing to place cosmetics on the EU market will need to appoint a EU-based responsible person. Failure to register products on the EU Cosmetic Product Notification Portal will result in products being withdrawn from the market and are subject to enforcement/fines by the EU Member state.

Guardpack Ltd have taken steps to ensure UK and EU distributed products comply with the new requirements by offering both an EU and UK designated responsible person. The following guidelines provide current advice, please contact hana@mywipe.co.uk for further information and to discuss individual cases and registrations.

1. Role of The Responsible Person:

  1. Notify product on a Cosmetic Products Notification Portal (EU – CPNP & UK – SCPN)
  2. Notify product with the Office for Product Safety and Standards
  3. Make sure any product claims are valid and legal.
  4. Make relevant information available to the public if required.
  5. Identify the supply chain.
  6. Report Serious Undesirable Effects (SUEs).
  7. Establish a recall policy for non-conforming products
  8. Check the labelling, instructions, warnings, etc
  9. Provide access to any EU or UK competent authority where the file is kept, within a reasonable time period (i.e. 72 hours).

2. Designating a Responsible Person

As part of our commitment to our clients and in order to make the compliance side of placing your products on the market, a simple process, Guardpack will take on the role of the Responsible Person for all products containing our own established formulas. We will register the products on your behalf and act as the Responsible Person.

UK Products that will NOT be exported to the EU (default)

All products that will remain in the UK and will not be produced for export must have the following information contained on the labelling.

Made in the UK

Guardpack Ltd, CM1 2UP, UK

Products that may be used in the UK and exported to the EU (on request)

Any product that may be exported into the EU must have the following information contained on the labelling.

Made in the UK

UK RP: Guardpack Ltd, CM1 2UP, UK

EU RP: Guardpack (Ireland) Ltd, DO2 V078, IE

Guardpack Ltd will create and hold the Product Information File and shall make it readily accessible in electronic or other format to any competent authority of the Member State or UK in which the file is kept, within a reasonable time period (i.e. 72 hours).

This service is FREE OF CHARGE. Any artwork plate changes will be charged at £65.00 per colour to be paid for by Brand Owner

3. Brand Owner Responsible Person

If a Brand Owner wishes to omit either the UK or EU Guardpack address on their packaging, they themselves will take the role of Responsible Person. By doing so, the Brand Owner takes total legal responsibility for placing the product onto the market. This includes self-notification on the OPSS & CPNP (UK and EU). Guardpack are no longer able to provide this service.

We are unable to allow client access to our Product Information Files, however upon a signed written mandate Guardpack Ltd will make it readily accessible in electronic or other format to any competent authority of the Member State at our UK or EU address, within a reasonable time period (i.e. 72 hours).

Please note that administration and travel costs incurred by Guardpack to visit member states will be incurred by the Brand Owner. A written mandate to this effect will be signed by both parties.

The following FAQ provides user instructions how to register and notify your products.

EU – https://webgate.ec.europa.eu/cpnp/faq/?event=faq.show

UK – https://www.gov.uk/guidance/submit-a-cosmetic-product-notification

4. Third Party Responsible Person Service

For Brand Owners wishing to omit Guardpack’s details on their products but do not want to take on the role of Responsible Person, there are a number of Third Party companies who can provide this service. They can also provide services for client’s own formulated products. The service is chargeable based on your requirements and number of products. In this instance we would recommend MSL who have an established EU and UK responsible person service. For further details contact Brexit@msl.io or telephone MSL on +44 (0) 1706 282960, please state your product has been manufactured by Guardpack Ltd.

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