Relative questions

According to the Law of Ukraine No. 1193-VII “On Amendments to Certain Legislative Acts of Ukraine on Reducing the Number of Permitting Documents”, the state registration of technical specifications (TU) for products and changes to them has been cancelled. State enterprises belonging to the sphere of management of the Ministry of Economic Development can provide advisory and methodological assistance in the development and verification of technical specifications exclusively at the request of economic entities. Article 16 of Law No. 1315-VII “On Standardization” stipulates that: enterprises, institutions and organizations have the right in their respective fields of activity and taking into account their economic and professional needs to organize and perform standardization work, in particular:
• to develop, adopt, verify, revise and cancel standards, codes of established practice, technical specifications (TU) and changes to them, establish procedures for their development, adoption, verification, revision, cancellation and application;
• apply the standards, codes of established practice and technical specifications (TU) adopted by them;
• to create and maintain funds of regulatory documents and issue catalogs of regulatory documents to ensure their activities and information exchange;
• to issue and distribute the standards, codes of established practice and technical specifications (TU) adopted by them, documents of relevant specialized international standardization organizations, of which they are members or with which they cooperate on the basis of the provisions of such organizations or relevant agreements;
• standards, codes of established practice and technical specifications (TU) adopted by enterprises, institutions and organizations are applied on a voluntary basis.

In accordance with current legislation, the metrological requirements for packaged goods are given in the following documents:

• Law of Ukraine “On metrology and metrological activities”;
• Technical regulations regarding some goods that are packaged by mass and volume in ready-made packaging;
• Order No. 969 dated 07/05/2017 “On establishing metrological requirements for packaged goods”.
The above documents contain the following information regarding the designation of units of nominal quantity: On packaged units containing liquid goods, their nominal volume is indicated, and on those containing other goods – their nominal mass, unless otherwise established by law.
The nominal content of a packaged unit is the mass or volume of the product that is indicated on the packaged unit and must be contained in it. The actual content of a packaged unit is the mass or volume of goods actually contained in it. For the purpose of control of the contents of the packaged unit (expressed in units of volume), the values of the actual contents are determined at or brought to a temperature of 20 °C, regardless of the temperature at which the packaging or control was carried out.

On January 1, 2018, Cabinet Decree No. 46-93 “On Standardization and Certification”, which initiated the Certification System, ceased to exist. This system was based on the old Soviet GOSTs (old state standards) and was supplemented by revised or developed new Ukrainian DSTU (national standards). On the one hand, such a certification system protected the market from low-quality cosmetic products, on the other hand, it inhibited the development of innovations and technologies. This was expressed in the fact that the system was based on outdated GOSTs of the 70-80s and domestic DSTU developed in the 90s.

Cosmetic products cannot have medicinal properties, because they are intended for various external parts of the human body (epidermis, hair, nails, lips, external genitalia), teeth, mucous membrane of the oral cavity exclusively or mainly for the purpose of cleaning, flavoring, changing the appearance, protection, preservation in satisfactory condition or correction of body odor.

According to the general definition of cosmetic products, cosmetic products are any substance or mixture intended for application to various external parts of the human body (epidermis, hair, nails, lips, external genitalia), teeth, mucous membrane of the oral cavity exclusively or mainly for the purpose of their cleaning, aromatization, change of appearance, protection, preservation in satisfactory condition or correction of body odor;

The Technical Regulation of detergents states: “Detergent is any substance or preparation containing soap and/or other surface-active substances intended for washing or cleaning. Detergent can be in the form of liquid, powder, paste, bar, tile, tablet, etc.

P.4. The requirements of this Technical Regulation apply to:
• detergents intended for washing or cleaning and put into circulation on the territory of Ukraine for the needs of the consumer (user);
• detergents intended for soaking, rinsing, starching, dressing, softening or bleaching fabric products;
• detergents intended for cleaning surfaces, materials, products, mechanisms, mechanical devices, vehicles and auxiliary equipment, tools, equipment, etc.;
• other detergents intended for use during washing and cleaning.

P. 5. The requirements of this Technical Regulation do not apply to:
• solid soap;
• cosmetic products;
• surface-active substances that have disinfectant properties;
• detergents containing no more than 0.2 percent of surfactants.
Based on the above information: Liquid soap is identified precisely as a cosmetic product for its main purpose – exclusively for cleaning human skin and when applied directly to external skin areas, regardless of the content and percentage of surface-active substances, unlike a detergent intended for washing or cleaning of any surface if such treatment is necessary. Therefore, the Technical Regulation on detergents does not apply to cosmetic products, in particular liquid soaps.

A complete prohibition on testing cosmetic products (and their ingredients) on animals has been introduced in the European Union, Israel, South Korea, India, America (the state of California), as well as Australia. Therefore, it is very likely that the products manufactured and sold in these countries were not tested on animals.

According to Regulation EC 1223/2009 on cosmetic products, it is prohibited:
● introduction of cosmetic products into circulation, if its final composition, in order to meet the requirements of the Technical Regulations, was tested on animals using a method other than an alternative method
● placing on the market cosmetic products containing ingredients or combinations of ingredients that were tested on animals using a method other than an alternative method
● animal testing of final cosmetic products

The same requirements are included in the adopted Technical Regulations for cosmetic products.
In countries where there is no complete prohibition on testing, but there is a choice, companies that do not test products and use appropriate ingredients can mark the product with the sign “Not tested on animals” (Leaping Bunny, Cruelty Free, etc.). Hundreds of products from various cosmetic companies have been certified and confirmed the absence of animal testing according to the Leaping Bunny program and mark of the organization Cruelty Free International.

But such a sign, as a usual, is not used in countries where a complete prohibition on testing has been introduced, in accordance with the law.

It is impossible to determine whether the product was tested on an animal based on the use of certain components in the composition.

Domestic chemicals are not tested on animals because these products are not intended for application to the skin and other tests for similar products are prescribed by law.

The Technical Regulation on Cosmetic Products is the main regulatory document in Ukraine, which establishes requirements for cosmetic products available on the market, with the aim of ensuring a high level of human health protection.

From January 20, 2021, the Resolution “On approval of Technical Regulations for cosmetic products” was adopted by the Protocol of the Meeting of the Cabinet of Ministers of Ukraine. The Technical Regulation on cosmetic products, which will regulate the cosmetic industry in Ukraine, will enter into force on August 3, 2022. This Technical Regulation was developed on the basis of Regulation (EC) No. 1223/2009 of the European Parliament and the Council of November 30, 2009 on cosmetic products.

You can read the official document on our website or via the link: On the approval of the Technical Regulations for cosmetic products

The responsible person is the legal representative of the cosmetic product in Ukraine, who bears legal responsibility for non-compliance of the product with the requirements of the technical regulation on cosmetic products and guarantees the safety of cosmetics.

According to the approved Technical regulation, a responsible person must be appointed for any cosmetic product placed on the market, who must be indicated on the label in bold or underlined font for easy identification in case of need. So the one who bears the real responsibility will now always be “in the access zone” in case of any problems.

The responsible person can be the manufacturer, the owner of the brand, which places on the terms of contract production, in some cases, the distributor, as well as the official importer, or an individual or legal entity with written consent, and most importantly, it must be exclusively a resident of Ukraine.

It is the responsible person who ensures compliance with TR requirements and is responsible for:

● Quality of the production process: compliance with GMP production and national standards
● Compliance with product safety requirements
● Availability of a report on the safety of products presented on the market
● Compliance with labeling
● Compliance with the stated claims about the products
● Public access to product information
● Notification
● Keeping management
● Cooperation with the state market supervision authority

Notification is the process of notifying about the placing of products on the market by entering data about the product through an electronic platform. At the same time, when announcing the entry to the market, the responsible person must have available a complete package of documents for the product, a statement on compliance with GMP requirements, testing (for compliance with the dossier), as well as a label that complies the requirements of TR.

The notification will be carried out through the electronic portal, which is currently under development by the Ministry of Health of Ukraine.

By the way, APCU is part of the working group that deals, among others, with issues of portal development.

The notification does not have a validity and must be constantly monitored by a responsible person.

If any data on the products has changed (updating the composition, packaging, data on the responsible person, the manufacturer, etc.), the responsible person or the distributor urgently ensures that the information is updated.

• According to various estimates the volume of Ukranian cosmetics market at the end of 2017
amounted to UAH 30.8 billion.
• According to the State Statistics Service of Ukraine, the number of national producers in the industry
increased by 75% comparing 2011 with 2018
• According to Euromonitor International the Ukrainian cosmetic market has potential for development
by 21% in the mass market sector and 7% in the premium sector.
• Production volumes of PRIVATE LABEL significantly increased in Ukraine.

The prohibition of animal testing of cosmetic products has been in force in the European Union and other countries for many years. Foreign companies can market their products on the basis of research results using alternative methods. After the implementation of the Technical Regulation on cosmetic, there will be a complete ban on testing cosmetics on animals in Ukraine.

In order to regulate cosmetic products in the EU, the European Parliament and the Council adopted Regulation (EU) No 1223/2009 on cosmetic products, which was put into effect on July 11, 2013, along with the repeal of Council Directive 76/768.

This Regulation is binding in its entirety and directly applicable in all Member States of the EU.

Regulation (EU) No 1223/2009 includes: MORE…

On January 20, 2021, the Minutes of the Cabinet of Ministers of Ukraine adopted the Resolution “On Approval of Technical Regulation on Cosmetics”. Technical regulation on cosmetics that will regulate the cosmetics industry in Ukraine will come in force on August 3, 2022. This Technical Regulation is developed on the basis of Regulation (EU) №1223 / 2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.
You can get acquainted with the official document on our website or at the link: About the statement of the Technical regulation on cosmetic products

Antiperspirants and deodorants are among the most widely used cosmetic products.

Antiperspirants are specifically designed to prevent perspiration (the process of removing sweat from the sweat glands). Often, antiperspirants have aluminum compounds. The most active are chloride and aluminum chloride. Aluminum salts coagulate skin proteins, cause depression of the secretory of the sweat glands and thus reduce the local sweat allocation. Antiperspirants are applied only to certain areas of the body, so they do not affect the process of sweating the body as a whole.

Deodorants do not stop sweating, but kill bacteria and mask the smell. Eliminating the unpleasant smell of the body occurs due to slowing down the decomposition and oxidation of sweat. As deodorant components, various compounds with antimicrobial action are used.

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