Notifying on cosmetic products

As it is known, in 2022, the Cabinet of Ministers of Ukraine has postponed the enactment of the Technical Regulation on cosmetic products (hereinafter referred to as the Technical Regulation) from August 3, 2022 to August 3, 2024.

Work is currently under way to develop a set of relevant bylaws in order to detail the Technical Regulation's provisions. In particular, according to clause 31 of the Technical Regulation, the Procedure for notifying (providing information) on cosmetic products (hereinafter referred to as the Procedure) shall be established by the Ministry of Health of Ukraine (hereinafter referred to as MOH).

Pursuant to this provision, on May 31, 2023, MOH has released a draft order approving the Procedure on its website.

KEY ISSUES

• notification of cosmetic products shall be an action indicating the provision of data on a cosmetic product with the inclusion of this cosmetic product in the list of notified cosmetic products;
• notification shall indicate that there are no prohibited ingredients in the relevant cosmetic products;
• information shall be notified by means of an information and communications technology (ICT) held by MOH;
• information shall be recorded by the head and authorized employees of competent persons, i.e. persons that place cosmetic products on the market;
• list of data for notification of single- and multi-ingredient cosmetic products shall be different (the list is completely defined in section 2 of the Procedure).

Amendments to the data on notified cosmetic products shall be made:

• within 10 working days of detection of error in previously entered data;
• no later than 30 working days from the date on which the products actually changed.

Overall, the proposed Procedure defines a more detailed process for notification of cosmetic products than provided in clause 31 of the Technical Regulation.

DISCUSSION

Representatives of cosmetic companies and other interested stakeholders are welcome to participate in the discussion of the draft order within one month of its promulgation.

Should you have any suggestions or comments on the draft order, please send them to MOH in writing or electronically at the address: 7 Hrushevskoho Street, Kyiv, 01601, Pharmaceutical management; phone: (044) 200 0793, (e-mail: moz.pharm@moz.gov.ua).

Details on the Procedure proposed by the draft order are available at the link (in Ukrainian).