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Wednesday, July 17, 2013Focus

The Cosmetics Regulation in practice, for distributors

© CosmeticOBS-L'Observatoire des Cosmétiques

Pharmacists, hairdressers, beauticians, cosmetics retailers: the Cosmetics Regulation 1223/2009 creates responsibilities and obligations. It is not that easy, especially when responsible of a shop for long hours, to understand thoroughly a European regulation. And to draw its core: what deals with you, in what you are involved, day and day. The essential information is gathered in this factsheet.

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Are you a distributor?

The “distributor” term is defined in the European Regulation 1223/2009, so-called Cosmetics Regulation: “‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market.
In other words, as soon as you sell a cosmetic product to someone else, be it a consumer or a professional, you are a distributor.

In practical terms, a hairdresser who sells a shampoo to a customer further to haircut and brushing acts as a distributor.
On the other hand, if the hairdresser applies this same shampoo in his hairdresser washbasin to the same customer, he is considered merely as a user.

Same reasoning for a beautician, with a cream or a scrubbing product: if she sells the product to her customer, she is considered as a distributor. When using the same products in a booth, she is not.

A pharmacist, with his shelves of cosmetic products, a perfumery owner or a retailer (supermarket, selective distribution, large or small shops, organic and natural food stores, etc.) are also distributors. This, even if the sale does not come with any …

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