What Is a cosmetic Responsible Person? A brief Guide for Brands
Introduction
In the ever-evolving world of cosmetics, ensuring compliance with regulations is paramount. One key role in this process is that of the Responsible Person (RP). This guide will provide a comprehensive overview of what a Responsible Person is, their legal obligations, and the benefits of partnering with a professional service.
The cosmetics industry is subject to stringent regulations to ensure the safety and compliance of products. A crucial aspect of this regulatory framework is the appointment of a Responsible Person for each cosmetic made available for sale to UK and/or EU consumers. But what exactly does this role entail, and why is it so important for brands?
Definition of a Responsible Person
A Responsible Person for cosmetics is the entity that accepts legal responsibility for the safety and compliance of a cosmetic product. This includes ensuring that the product meets all regulatory requirements before it is placed on the market. The Responsible Person can be a company or an individual, but they must be based in the market where the product is sold.
This role is mandated under both the EU Cosmetics Regulation (EC) No 1223/2009 and the UK Cosmetics Regulation, which was adapted post-Brexit under Schedule 34 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019.
Who Can Be a Responsible Person?
An cosmetic Responsible Person can be:
The manufacturer, if based in the EU or UK.
The importer, if the product is manufactured outside the EU or UK.
A distributor, provided they accept the role in writing.
A third-party service provider, such as a regulatory consultancy.
The key requirement is that the RP must be established within the EU or UK, depending on where the product is being sold. For brands operating in both markets, this means appointing two separate Responsible Persons—one for the EU and one for the UK.
Legal Obligations
The legal obligations of a Responsible Person are extensive. They include:
Ensuring that the product formulation meets legal conditions of use.
Ensuring compliance of the product labelling/packaging.
Compiling and maintaining a Product Information File (PIF).
Carrying out pre-market notifications.
Liaising with official authorities such as Trading Standards and the Port Authority.
Reporting safety information to the authorities.
and more!
These responsibilities are critical to ensuring that cosmetic products are safe for consumers and compliant with all relevant regulations.
In the UK and EU, the role of the Responsible Person is particularly crucial due to the specific regulatory requirements in these regions. A company must be present in the market to act as a Responsible Person. For example, a brand in the EU cannot be the Responsible Person in the UK if they don’t have a registered company in the UK.
Similarly, if you’re based outside the EU, you must appoint an EU Responsible Person to ensure compliance with EU regulations.
How COSMESURE® Can Assist:
If you’re based outside of a market and you’d like to unlock it to reach new consumers, then you have options to explore. You can register a business in the appropriate territory and assume the obligations of the Responsible Person, or you can outsource the obligations to a trusted third-party specialist and use their in-market expertise to support you on your journey.
Reach out to COSMESURE® for a zero-obligation quotation and a free discovery call at info@cosmesure.uk.