France: Good manufacturing practices for cosmetic products

 

France has published an order organizing the certification process of good manufacturing practices for cosmetic products and authorization of agents responsible for control (Ordonnance  portant organisation du processus de certification des bonnes pratiques de fabrication des produits cosmétiques et habilitation des agents chargés du contrôle).

Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of November 30, 2009 relating to cosmetic products establishes a set of rules to be respected concerning cosmetic products placed on the market, the objective being to guarantee the correct functioning of the internal market and ensuring a high level of protection of human health. Thus, in accordance with this regulation, the manufacture of cosmetic products must respect good manufacturing practices and Member States monitor their compliance by establishments which manufacture or package cosmetic products. Furthermore, recital 56 of the regulation indicates that Member States can regulate the establishment of economic operators in the cosmetic products sector, as long as they respect Union law. The regulation therefore confers on Member States the obligation to ensure that the principles of good manufacturing are respected, giving them the choice of the means used, while respecting European Union law.

The system put in place will make it possible to monitor the compliance of the establishments concerned with the principles of good manufacturing practices, with the aim of protecting public health and protecting the health of consumers. The certification bodies will support the market surveillance authorities in carrying out their missions.

The envisaged measure does not in itself impose any additional requirements with regard to cosmetic products themselves, but creates an obligation concerning certain categories of establishments which manufacture or package such products. The measure is in fact to be linked to the monitoring of the conformity of products with good manufacturing practices, implemented by the Member States, and not to the requirements relating to cosmetic products. This system aims to strengthen the safety of cosmetic products from establishments which will be affected by the certification obligation and is not intended to restrict the marketing of the products concerned.

The modalities for implementing the certification system are currently being developed. In accordance with article 1 of the draft order amending in particular article L.5131-8 of the public health code, they will be specified by a decree in the Council of State which will also be notified to the European Commission.

The regulatory text can be found HERE.

To find out more cosmetics compliance, please contact the Product Compliance Institute directly.