Although regulations applicable to cosmetic products are increasingly being harmonized to reduce the international barriers to trade, it is still significant to be familiar with and comply with regulations before entering markets in different countries. ZMUni has sorted out important regulations from major markets. This article is an excerpt from the Australia Cosmetic Information Standard (2020) in regard to cosmetic application, definition, list of ingredients, the form of ingredients list, and confidentiality provisions.
(1) This instrument applies to cosmetic products:
(a) manufactured in Australia and intended to be used in Australia; or
(b) imported into Australia;
(2) However, this instrument does not apply to:
(a) therapeutic goods within the meaning of the Therapeutic Goods Act 1989; or
(b) hand sanitisers that, under the Therapeutic Goods (Excluded Goods—Hand Sanitisers) Determination 2020, are excluded goods for the purposes of the Therapeutic Goods Act 1989; or
(c) free samples of a cosmetic product; or
(d) testers of a cosmetic product.
In this instrument:
alcohol includes, but is not limited to, ethyl alcohol (ethanol), isopropyl alcohol and alcohol denat.
aroma is a term for ingredient labeling used to identify that a product contains material or combination of materials normally added to a cosmetic to produce or to mask a particular flavor.
Note: “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. ”.
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 is a term for ingredient labeling used to identify that a product contains material or combination of materials normally added to a cosmetic to produce or to mask a particular flavor.
fragrance means a substance used solely to impart an odour to a cosmetic product.
hand sanitiser means an antibacterial skin care product:
(a) that consists of, contains or generates one or more antimicrobial active substances; and
(b) that is represented in any way to be, or is likely to be taken to be (whether because of the way in which it is presented or for any other reason):
(i) for use on hands when soap and water are not available; and
(ii) applied to the hands without rinsing off; and
(iii) intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on any bacteria on the skin.
incidental ingredient means any ingredient or substance which has no technical or functional effect in a cosmetic product and is present in insignificant levels.
3. List 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 subsection (1), the ingredients may be listed in the following order:
(a) ingredients (except colour additives) in concentrations of 1% or more—in descending order by volume or mass;
(b) ingredients (except colour additives) in concentrations of less than 1%—in any order;
(c) colour additives—in any order.
(3) If subsection (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
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 subsection (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.
Flavours, fragrances and incidental ingredients
(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.
4. Form 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.
5. Confidentiality provisions
On the request of the manufacturer or importer of a cosmetic product, the Minister may, by notifiable instrument, 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.
Note： since this is an excerpt, the sequence number is not the same as the original article.
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