A distributor is "any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market" (Art. 2 (e) 1223/2009).
Distributors should act with due diligence and, in particular, fulfill the following obligations in the course of their business:
- Check the correctness of specific label elements;
- Ensure safe handling and storage of products when they are responsible for them;
- Properly cooperate with the authorities of the Member States.
- They should ensure that, while they are in charge of a product, storage or transport conditions do not compromise its compliance with the requirements of this Regulation.
So what features should a hotel cosmetic have to be safe and compliant with applicable standards?
In addition to the composition, which should comply with the current restrictions and ensuring the safety of the product, it should also contain information such as:
- The name of the product, apart from foreign names, should also be in Polish.
- The name of the manufacturer should be placed so that the company address can be identified
- The cosmetic should contain information about the country of origin
- The full cosmetic composition should be given, preceded by the word "INGREDIENTS".
- The package should contain the weight or volume of the content
- Use-by date should be stated
- Lot number or other data enabling the identification of the cosmetic lot
- The function of the cosmetic should be specified, if it does not result clearly from the presentation of the product
Failure to comply with the above obligations by producers and distributors may result in consequences in the form of high fines.
Chapter 15 of the Act on Cosmetics - Financial penalties
- Anyone who manufactures a cosmetic product without observing the principles of good manufacturing practice is subject to a fine of up to PLN 50,000.
- The same penalty applies to the responsible person who fails to ensure that the cosmetic product is manufactured in accordance with the principles of good manufacturing practice.
- Who places a cosmetic product on the market without meeting the requirements of the safety assessment referred to in Art. 10 of Regulation No. 1223/2009, shall be subject to a fine of up to PLN 100,000.
- Whoever places a cosmetic product on the market without meeting the requirements for notifications to the CPNP system is subject to a fine of up to PLN 35,000.
- The same penalty applies to a distributor who makes a cosmetic product available without meeting the requirements for reporting to the CPNP system
- Who places a cosmetic product on the market in violation of the prohibitions on animal testing referred to in Art. 18 sec. 1 of Regulation No. 1223/2009, shall be subject to a financial penalty of up to PLN 30,000.
- Whoever places a cosmetic product on the market or makes it available on the market without meeting the labeling requirements referred to in Art. 19 paragraph 1-3, 5 and 6 of Regulation No 1223/2009, shall be subject to a fine of up to PLN 70,000.
- The same penalty applies to anyone who places a cosmetic product on the market or makes it available on the market without meeting the requirements of labeling the product in Polish in the territory of the Republic of Poland
- Responsible person or distributor who fails to comply with the obligation to inform about serious undesirable effects referred to in Art. 23 sec. 1-3 of Regulation No 1223/2009, shall be subject to a fine of up to PLN 100,000.
- Whoever places a cosmetic product on the market or makes it available on the market after the date of minimum durability, is subject to a fine of up to PLN 50,000.
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