Wednesday, January 28, 2015

Definition And Roles Of The EU Cosmetics Regulation Responsible Person

By Ines Flores


The European Union has formulated a set of regulations to govern the manufacturing, labeling and supply of cosmetic products in its jurisdiction. The new law came into place in July 2013 replacing ec76/768. The law unifies the rules on ingredients and labeling thereby abolishing the barriers to trade among countries in the Union. Also, the new EU cosmetics regulation responsible person is the brand owner with new description and legal responsibilities.

According to the new legislation, a responsible person or RP is someone with an address in the Union and is responsible for handling all documentation regarding the product. Such documents include the Product Information File or simply the PIF. This particular document should be accurate, up to date and confidential. It should also comprehensively cover the procedure for handling customer complaints.

The responsible person is a legal term for an individual or group who is personally responsible for the product in EU market. Usually, it is the company manufacturing the product or one a company which orders another to manufacture the product. In addition, the term may also refer to a local agent or office of a manufacturing company outside the EU. If the agent is not available, the company involved in the importation of the merchandise is the RP.

The RP becomes very important, especially for manufacturers outside the EU and wish to import their products into the Union. Only goods with a designated legal or natural individual within the Union can be imported. Furthermore, the individual has to precisely and concisely identifiable with already set obligations in accordance to the law.

A responsible person has several legal obligations. The first is to report any significant undesirable effects of the product to the relevant national authorities. He or she should also notify the CPNP about the products before they are marketed in the European Union. Besides, in case they have nano materials in the ingredients, the Commission should have a 6 month notification before they reach the market.

The safety and compliance of products entering the market should be ascertained by the RP. In case, any of them is potentially harmful to human health, the RP should report it to relevant competent bodies. In addition, the RP should help in rectifying the problem. Such authorities are mandated to collect information from users and share it with other EU member states.

The government and business stand to benefit from the RP. For a business, having one to serve as the contact point for any issues regarding regulation is good for business. Besides, the fact that they handle the compilation and updating of business documents ensures that the products get to the market promptly. The business also stays out of trouble as there is someone whose sole purpose is to ensure compliance.

Furthermore, an RP represents the company and handles any crisis or questions on behalf of the company. For the government, an RP makes it easier to keep track of goods in the market. In addition, even If there is a change in importers, the individual remains the same so that there is no need for re-notifications and reprinting of labels. This makes it easy to keep consumers safe.




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