英国で化粧品を売るには
EU離脱後の届出「SCPN」と英国責任者

Under Regulation 1223/2009, cosmetics in the EU are registered with the EU’s Cosmetic Products Notification Portal (CPNP) before being placed on the market (see our article on EU Regulation 1223/2009). So how does the system work in the UK, where the transition period following its departure from the EU ended in late 2020?

Great Britain Moves to Its Own Notification System

England, Scotland, and Wales—collectively Great Britain (GB)—use a system that retained the EU Cosmetics Regulation in UK law and adapted it for the UK through EU-exit-related amending regulations in 2019. Enforcement is based on the Cosmetic Products Enforcement Regulations 2013.

Notifications are submitted through a system operated by the Department for Business and Trade’s Office for Product Safety and Standards (OPSS): “SCPN (Submit Cosmetic Product Notifications)”. Notification is required for all cosmetic products made available to consumers in GB.

• Products notified through the EU’s CPNP before January 1, 2021 were required to be notified through SCPN by March 31, 2021.
• Products newly introduced to the GB market after that must be notified through SCPN before being placed on the market.

Northern Ireland is treated separately and continues to follow EU rules and use CPNP. A key feature is that the notification system differs by region within the UK.

What to Notify and the “UK Responsible Person”

The main information required by SCPN is as follows.

• Product ingredients, including certain nanomaterials
• Contact details for responding to enquiries from the National Poisons Information Service (NPIS) or local Trading Standards authorities
• Details of the UK Responsible Person

Contact details for use by the poisons information service are required so that healthcare professionals can quickly check what a product contains—for example, if a child accidentally swallows a cosmetic product. Notification is not a procedure for obtaining permission to sell a product; it can be understood as a system that helps authorities and healthcare institutions keep track of products on the market.

Every cosmetic product sold in GB must have a UK-based “UK Responsible Person”. This is an individual or company responsible for ensuring that the product complies with the regulations. Their contact details must be kept up to date both in SCPN and on the product label. This role is separate from that of the responsible person for the EU market, so products sold in both the EU and the UK require a responsible person for each.

Failure to notify may result in a fine and imprisonment for up to 3 months. UK government guidance explicitly states that fines are unlimited in England and Wales and capped at £5,000 in Scotland and Northern Ireland.

Key Points
Since Brexit, cosmetic products in Great Britain must be notified through the UK’s SCPN rather than the EU’s CPNP. The notification must include ingredients, contact details and a UK Responsible Person, who must be based in the UK. Northern Ireland continues to follow EU rules.

Similarities with Japan’s “Marketing Authorization Holder”

The principle of clearly identifying who is responsible for products placed on the market also applies to cosmetics in Japan. In Japan, a business licensed to manufacture and market cosmetics bears responsibility for its products, and its name appears on the container as the “marketing authorization holder” (article on marketing authorization holders). Although the countries differ, both make it clear to consumers and regulators who is responsible.

References: GOV.UK, “Submit cosmetic product notifications (SCPN)”; Office for Product Safety and Standards, “Regulation 1223/2009 and the Cosmetic Products Enforcement Regulations 2013: Great Britain”

—The Value Village Editorial Team

Photo: The Cosmonaut / CC BY-SA 2.5 (Wikimedia Commons)