UK Offence Report

Contravention of The Cosmetic Products (Safety) Regulations 2008

the instrument as a whole of The Cosmetic Products (Safety) Regulations 2008 (revoked)

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

12 of the Consumer Protection Act 1987. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Cosmetic Products (Safety) Regulations 2008, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 12 of the Consumer Protection Act 1987.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
13 May 2008
In force from
18 June 2008
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and re-enact the Cosmetic Products (Safety) Regulations 2004 (S.I. 2004/2152) (“the 2004 Regulations”). The 2004 Regulations give effect to Council Directive 76/768/EEC (O.J. No. L262, 27.9.76, p. 169) (“the Directive”) on the approximation of the laws of the Member States relating to cosmetic products, as amended by the Community instruments listed in Schedule 2 to these Regulations. These Regulations also give effect to Council Directive 2007/22/EC (O.J. No. L101, 18.4.2007, p.11) which amends the Directive by deleting or amending entries in Annexes IV and VI. This Directive requires that the daily bioavailable intake of iodine from cosmetic products should not exceed 20% of the recommended daily intake and bans the use of Iodopropynyl Butylcarbamate (IPBC) in oral hygiene and lip care products. It also reduces the concentrations of IBPCs allowed in other products (particularly for young children). Regulations 2(2) and 2(3) make appropriate amendments to Schedules 5 and 6 which implement those Annexes. Directive 2007/22/EC requires Member States to ensure that cosmetic products which fail to comply with that Directive shall not be placed on the market from 18 October 2008 and that they shall not be supplied to the final consumer after 18 April 2009. Regulation 2(4) implements these provisions. These Regulations also give effect to Council Directive 2007/53/EC (O.J. No. L226, 30.8.2007, p.19) which amends the Directive by amending entries in Annexe III; Directive 2007/53/EC introduces a labelling requirement for toothpaste containing 0.1% to 0.15% fluoride in respect of use by children of 6 years and younger, and provides that the labelling of the relevant products must contain the obligatory wording after 19 March 2009. Regulation 2(1) makes the necessary amendments to Schedule 4. These Regulations also give effect to Council Directive 2007/54/EC (O.J. No. L226, 30.8.2007, p.21) which amends the Directive by inserting, amending or deleting entries in Annexes II and III. These entries relate to substances used in hair dye products. Schedules 3 and 4 are amended accordingly. Regulation 26 includes these Regulations in the list of legislation in Part 3 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007. This will oblige the bodies enforcing these Regulations to have due regard to the Better Regulation Commission’s five principles of good regulation. These principles are that regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent and should be targeted only at case in which they are needed. The Colour Index referred to in these Regulations may be obtained from the Society of Dyers and Colourists and the American Society of Textile Chemists and Colourists by on-line subscription at http://www.colour-index.org/. A full impact assessment of the effect that these Regulations will have on costs to businesses is available from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET and on the BERR website (www.berr.gov.uk). Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source