Manufacturing or selling cosmetic products

Do you manufacture, sell, or import cosmetic products in the Netherlands? Then you must be able to prove and show these products are safe.

Product safety rules for cosmetics

Cosmetic products are personal care products that come into direct contact with the skin or hair, for example, make-up, deodorant, and shampoo. Cosmetic products must not be harmful to health if the consumer uses the product in a normal way. A cosmetic product sold in the EU must therefore meet safety requirements as stated in the EU's Cosmetic Products Regulation. As the manufacturer, distributor, importer, or authorised representative you are responsible for the product’s safety. Check what you need to do to offer safe products within the EU.

Manufacturing cosmetic products

Do you manufacture cosmetic products? You must design, produce, and test your cosmetic product according to the standards and guidelines that apply to your product. The rules for cosmetics are set in the Cosmetic Products Regulation EC 1223/2009 and in the Dutch Cosmetic Products Commodities Act 2011 (in Dutch).

You can also view the general product safety checklist for manufacturers.

Safe ingredients

You must use safe ingredients. Ingredients may, for instance, not be carcinogenic or toxic. The EU database CosIng offers information on cosmetic substances and ingredients. This database enables easy access to data on these substances, including legal requirements and restrictions. You can also find lists of prohibited and restricted substances in Annexes II through VI of the Cosmetics regulation.

Animal testing

Animal testing for cosmetics and for ingredients of cosmetics is banned in the European Union. This means you are not allowed to trade in cosmetic products which have been tested on animals.

Product information file

As a manufacturer or importer of cosmetics, you must be able to demonstrate that your cosmetic products are safe. You have to provide information about the product in a product information file (technical file). The file also contains the product safety report that proves that the product is safe. You must have an expert assess your product and prepare the product safety report. This expert must have completed a university education in theoretical and practical studies in pharmacy, toxicology, medicine, or a similar field of study. This can be a dermatologist or pharmacist. You can find all requirements in the Cosmetics Product Regulation 1223/2009.

The safety assessment must be available for inspection by the Netherlands Food and Consumer Product Safety Authority (Nederlandse Voedsel en Waren Autoriteit, NVWA). If the NVWA asks you for specific product information, you must give this information within 3 working days.

Import cosmetic products

Do you import cosmetic products from the EU into the Netherlands? If so, the EU manufacturer is the responsible party. The manufacturer may also appoint an authorised representative. If the product proves to be unsafe, you can refer customers to the manufacturer or the authorised representative.

Do you import cosmetic products from outside the EU? Then the manufacturer's branch in the EU or the authorised representative is the responsible party. Has the manufacturer not appoited an authorised representative in the EU? Then you as the importer are responsible. You are then liable and responsible for the safety of the product. You must meet the product safety requirements for manufacturers. For example, you must make sure that the product information file is available and complete.

Please note: Do you import cosmetics into the EU and do you put your own logo or brand on the product? Or do you alter the product? Then you are legally considered the manufacturer and you must comply with the product safety requirements for manufacturers.

Notification

If you manufacture a cosmetic product or import it into the European Union for the first time, you must notify the European Commission. The notification must be submitted via the Cosmetic Product Notification Portal (CPNP). This also applies to cosmetic products that contain 'new' nanomaterials. These are nanomaterials that are not (yet) listed in the Cosmetic Products Regulation.

Labelling cosmetic products

Every cosmetic product must have a label with information about the product. Examples of mandatory information on labels for cosmetic products are:

• the products' ingredients
• details of the manufacturer, importer, or authorised representative
• type or serial number
• the product's effect
• conditions of use with possible warnings
• durability for use

Manufacturers, importers, and distributors of cosmetics must ensure that the label meets the requirements.

Requesting an export certificate

If you want to export cosmetic products outside of the European Union, you need an export certificate. You can request an export certificate (in Dutch) from the NVWA.