PART II
SUPPLY OF COSMETIC PRODUCTS
—(1) Subject to regulation 5, a person responsible for
placing a cosmetic product in the market shall not —
(a)
where no prior notification has been submitted for that cosmetic
product —
(i)
begin to supply that
cosmetic product, or cause that cosmetic product to be supplied on his behalf,
in Singapore; or
(ii)
continue to supply that
cosmetic product, or cause that cosmetic product to be supplied on his behalf,
in Singapore,
unless he has notified
the Authority of his intention to do so; or
(b)
where a prior notification has been submitted for that cosmetic
product, continue to supply that cosmetic product, or cause that cosmetic
product to be supplied on his behalf, in Singapore after the expiry of one year
beginning from the most recent notification made under this paragraph in
respect of that cosmetic product, unless he has submitted a further
notification under this paragraph to the Authority of his intention to continue
doing so.
(2) A
notification for the purposes of paragraph (1) shall be submitted to
the Authority in such form and manner as the Authority may require and shall be
accompanied by —
(a)
such particulars, information, documents and samples of the
cosmetic product as the Authority may require;
(b)
if required by the Authority, a statutory declaration by the
applicant verifying any information contained in or related to the notification;
and
(c)
the appropriate fee specified in the First Schedule.
(3) Any
person who contravenes paragraph (1) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding $20,000 or to
imprisonment for a term not exceeding 12 months or to both.
(4) Any
person who, in submitting a notification for the purposes of paragraph (1) —
(a)
makes any statement or furnishes any document which he knows to be
false or does not believe to be true; or
(b)
by the intentional suppression of any material fact, furnishes
information which is misleading,
shall be guilty of an offence and shall be liable on conviction to
a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12
months or to both.
(a)
a cosmetic product that is supplied solely as a sample in
connection with any advertising, sponsorship or promotional activity;
(b)
a cosmetic product that is supplied solely for testing or trial
use in connection with any research or development of that product; or
(c)
a cosmetic product that is manufactured by or in accordance with
the specifications of a medical practitioner, and supplied solely by that
medical practitioner for the use of patients under his care.
5. Regulation 4 —
(a)
shall not apply to an existing cosmetic product in respect of
which there is in force immediately before 1st January 2008 a product licence
granted under the Medicines Act (Cap. 176), until such time the
product licence expires; and
(b)
shall only apply to an existing cosmetic product of a type listed in the Second Schedule with effect from
the date specified opposite thereto.
—(1) A new cosmetic product shall not
contain any substance that is listed in Part I of the Third Schedule unless
the presence of such substance —
(a)
is in trace amount;
(b)
is technically unavoidable in good manufacturing practice; or
(c)
where applicable, is in compliance with the conditions specified
in that Part of that Schedule.
(2) A new
cosmetic product shall not contain any substance that is listed in the second
column of Part II of the Third Schedule unless —
(a)
the cosmetic product is of a type listed in the third column of
that Part of that Schedule;
(b)
the substance as contained in the cosmetic product does not exceed
the appropriate limit as specified in the fourth column of that Part of that
Schedule; and
(c)
the cosmetic product complies with the other relevant requirements
as specified in the fifth column of that Part of that Schedule.
(3) A new
cosmetic product, other than a cosmetic product intended solely to colour hair,
shall not contain any colouring agent unless the colouring agent —
(a)
is listed in Part III of the Third Schedule; and
(b)
is contained in the cosmetic product in accordance with the
requirements as specified in that Part of that Schedule.
(a)
the preservative is listed in the second column of Part IV of
the Third Schedule;
(b)
the preservative as contained in the cosmetic product does not
exceed the appropriate limit as specified in the third column of that Part of
that Schedule; and
(c)
the cosmetic product complies with the other relevant requirements
as specified in the fourth column of that Part of that Schedule.
(a)
the ultraviolet filter is listed in the second column of Part V of the Third Schedule;
(b)
the ultraviolet filter as contained in the cosmetic product does
not exceed the appropriate limit as specified in the third column of that Part
of that Schedule; and
(c)
the cosmetic product complies with the other relevant requirements
as specified in the fourth column of that Part of that Schedule.
(a)
shall not contain any substance that is listed in Part VI of the Third Schedule;
(b)
shall not contain any substance that is listed in the second
column of Part VII of the Third Schedule if
the cosmetic product is of a type listed in the third column of that Part of
that Schedule; and
(c)
shall not contain any substance that is listed in the second
column of Part VIII of the Third Schedule unless —
(i)
the cosmetic product is
of a type listed in the third column of that Part of that Schedule;
(ii)
the substance as
contained in the cosmetic product does not exceed the appropriate limit as
specified in the fourth column of that Part of that Schedule; and
(iii)
the cosmetic product
complies with the other relevant requirements as specified in the fifth column
of that Part of that Schedule.
(7) For the
purposes of section 2 (2)(d)(iv) of the Act, a cosmetic product that does not comply
with paragraph (1), (2), (3), (4), (5) or (6) shall be considered to be an
unwholesome cosmetic product.
—(1) For the purposes of section 18(1) of the Act, no person shall supply any cosmetic
product unless the cosmetic product has a label that sets out the following
information:
(a)
the name of the cosmetic product;
(b)
the function of the cosmetic product, except when it is clear from
the presentation of the cosmetic product;
(c)
the instructions on the use of the cosmetic product, except when
it is clear from the name or presentation of the cosmetic product;
(d)
the list of all the ingredients in the cosmetic product, with the
exception of the following substances:
(i)
impurities in the raw
materials used;
(ii)
subsidiary technical
materials used in the preparation of the cosmetic product but not present in
the final product; or
(iii)
materials used in the
manufacture of the cosmetic product in strictly necessary quantities as
solvents, or as carriers for perfume and aromatic compositions;
(e)
the weight or volume of the cosmetic product contained in the
immediate container or package, expressed in metric system;
(f)
the batch number given by the person who manufactured the cosmetic
product to the batch of which it forms a part;
(g)
the name and address in Singapore of the person responsible for
placing the cosmetic product in the market;
(h)
the name of the country where the cosmetic product was
manufactured;
(i)
any special precautions to be observed when using the cosmetic
product, or special precautionary information in accordance with any
requirements specified in Parts II,IV and V of the Third Schedule which are
relevant to that cosmetic product;
(j)
the date of expiry of the cosmetic product where the cosmetic
product has an expected period of durability of less than 30 months between the
date of its manufacture and the date of its expiry; and
(k)
the date on which the cosmetic product was manufactured, except
when the expiry date of the cosmetic product has been specified on the label.
(2) Paragraph (1)(h), (i), (j) and (k) shall not apply to an existing
cosmetic product.
(3) The
information specified in paragraph (1) shall appear in the
following manner:
(a)
where the cosmetic product has an outer packaging, the information
shall appear on the outer packaging of the cosmetic product;
(b)
where the cosmetic product does not have an outer packaging, the
information shall appear on the immediate container or package of the cosmetic
product; and
(c)
where the size, shape or nature of the container or package does
not permit all the information specified in that paragraph to be displayed, the
information may appear in a leaflet that accompanies the product or on a
display panel placed together with the product, provided at least the
information specified in paragraph (1)(a) and (f) shall
appear on the immediate container or package.
(a)
where an ingredient appears in the latest edition of any of the
standard references listed in the Fourth Schedule, that ingredient
shall be named according to the nomenclature in that standard reference, except
for —
(i)
any perfume or aromatic
composition, which may be referred to by the term “perfume”, “fragrance”,
“aroma” or any other similar term; and
(ii)
any flavouring, which
may be referred to by the term “flavour” or any other similar term; and
(b)
the ingredients shall be listed in descending order by weight,
except for —
(i)
ingredients, other than
colouring agents, present in concentrations of less than 1% (by weight), which
may be listed in any order by weight after those ingredients present in
concentrations of 1% or more; and
(ii)
colouring agents, which
may be listed in any order after the other ingredients.
(5) All
information on the label of a cosmetic product shall be provided in the English
language, but nothing in this paragraph shall prevent such information from
being provided in any other language as well.
(6) All
numbers, letters and symbols used in providing the information on the label of
a cosmetic product shall be printed in such a manner as to be legible,
permanent, indelible and prominent.
(7) If a
symbol or code (whether in the form of a colour or otherwise) is used in
providing the information on the label of a cosmetic product, an explanation of
the symbol or colour shall be provided.
8. For the purposes of section 18(1) of the Act, no person shall supply any cosmetic
product with a label which contains any statement, trademark, picture or other
sign —
(a)
to the effect, whether directly or indirectly, that the supply or
use of the cosmetic product is being promoted or endorsed by the Authority; or
(b)
that is likely to create an erroneous impression regarding the
formulation, composition, quality or safety of the cosmetic product.
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