What is a EU Responsible Person?
Someone must ensure that a cosmetic product that is placed on the market is safe for human health under ‘normal or reasonably foreseeable conditions of use’. This someone is the EU Responsible Person. According to 1223/2009/EC this can be:
The manufacturer – if your product is manufactured within the EU and not subsequently exported and imported back into the Community.
The importer – for the specific cosmetic product he places on the market.
The distributor – when he places a cosmetic product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.
The manufacturer or importer – not the distributor – may designate a person established within the Community as the responsible person.
What does a Responsible Person do?
Ensures that a product is safe for human health. Someone must ensure that a cosmetic product placed on the market is safe for human health under ‘normal or reasonably foreseeable conditions of use’. If a responsible person has any reason to believe that the product placed on the market is not safe for human health, he must immediately take the necessary corrective measures. This means: adapting the product, withdrawing or recalling the product. He or she will work together with the authorities to eliminate risks and provide information and documentation about the products in the event that the authorities ask for this. Being a Responsible Person, however, does not mean accepting liability which is important. Liability stays in the hands of the importer, manufacturer or distributor. The Responsible Person is the guardian of your documentation (PIFs) in Europe and the first person the authorities will come to, but in no way will an RP overrule your actions or decisions. He or she will as when necessary, immediately seek contact with the producer or importer.