The draft law on cosmetic products

On February 2, 2017 a long-awaited draft law on cosmetic products was published. One of the most important changes is a mandatory registration of establishments which produce or pack the cosmetic products. The draft law establishes the Information System for Serious Side Effects Caused By Use of Cosmetic Products. The Chief Sanitary Inspector will inform the competent authorities of Member States of EU or EFTA, parties to the Agreement on the European Economic Area, about the serious side effects. The State Sanitary Inspection and Trade Inspection (in terms of misstatements and accuracy of trading) will supervise the products’ compliance with the provisions of the drafted law on cosmetic products and the provisions of Regulation No 1223/2099. Both, Sanitary and Trade Inspections will supervise the labeling of cosmetic products. The current penalty provisions will be replaced by fines imposed by administrative decision. Administrative penalties amounts are drafted at the level of 100 PLN up to 100.000 PLN depending on the infringement. Vacatio legis for the enforcement of the Act is 30 days. With respect to the registration of establishments producing cosmetic products, a 9-month transitional period is introduced in order to enable the companies to adapt to the new law.