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STATUTORY INSTRUMENTS
2026 No. 109
CONSUMER PROTECTION
The Cosmetic Products Regulation (EC) No 1223/2009
(Restriction of Chemical Substances) (Amendment
and Transitional Provisions) (No. 2) Regulations 2026
Made - - - - 4th February 2026
Laid before Parliament 9th February 2026
Coming into force in accordance with regulation 1(2)
and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 31(1)
(f), 31(1)(g)(i) and 32(1) of Regulation (EC) No 1223/2009 of the European Parliament and of the
Council on cosmetic products(1) (“the Cosmetic Regulation”).
In accordance with Article 31(1)(f) of the Cosmetic Regulation, the substances set out in
Schedule 1 to these Regulations have been classified as CMR(2) substances of category 1B or 2 under
Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification,
labelling and packaging of substances and mixtures(3) (“the CLP Regulation”).
In accordance with Article 31(1)(g)(i) of the Cosmetic Regulation, hexyl 2-hydroxybenzoate has
been classified as a CMR substance of category 2 under the CLP Regulation and the Secretary of
State considers there is sufficient scientific evidence that this substance is safe for use in cosmetic
products.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Cosmetic Products Regulation (EC) No 1223/2009
(Restriction of Chemical Substances) (Amendment and Transitional Provisions) (No. 2) Regulations
2026.
(2) Subject to paragraph (3), these Regulations come into force on 15th August 2026.
(3) Regulation 2(2) comes into force on 23rd March 2027.
(4) These Regulations extend to England and Wales and Scotland.
(1) EUR 2009/1223; relevant amending instruments are S.I. 2022/659, 2023/836, 2024/455, 2024/1334, 2025/413 and 2026/23.
(2) For the definition of “CMR” see Article 2(1)(va) of Regulation (EC) No 1223/2009 of the European Parliament and of the
Council on cosmetic products.
(3) EUR 2008/1272, to which there are amendments not relevant to these Regulations.Document Generated: 2026-02-09
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(5) In these Regulations “the Cosmetic Regulation” means Regulation (EC) No 1223/2009 of the
European Parliament and of the Council on cosmetic products.
Amendments to the Cosmetic Regulation
2.—(1) The Cosmetic Regulation is amended as follows.
(2) At the end of the table in Annex 2 (list of substances prohibited in cosmetic products), insert
the entries set out in Schedule 1 to these Regulations.
(3) At the end of the table in Annex 3 (list of substances which cosmetic products must not
contain except subject to the restrictions laid down), insert the entry set out in Schedule 2 to these
Regulations.
Transitional Provisions
3.—(1) Despite the amendment made by regulation 2(2) of these Regulations, a cosmetic product
placed on the market before 23rd March 2027 containing any of the substances inserted into Annex
2 to the Cosmetic Regulation by regulation 2(2) may continue to be made available on the market
until the end of 22nd September 2027.
(2) Despite the amendment made by regulation 2(3) of these Regulations, a cosmetic product
placed on the market before 15th August 2026 containing the substance inserted into Annex 3 to
the Cosmetic Regulation by regulation 2(3) may continue to be made available on the market until
the end of 14th February 2027.
Kate Dearden
Parliamentary Under-Secretary of State
4th February 2026 Department for Business and Trade
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Schedule 1 Regulation 2(2)
Entries to be inserted into Annex 2
“1761 Sodium 3-(allyloxy)-2- 52556-42-0 258-004-5
hydroxypropanesulphonate
1762 N,N’-Methylenediacrylamide 110-26-9 203-750-9
1763 Reaction mass of 1,3-dioxan-5-ol and
1,3-dioxolan-4-ylmethanol
1764 1,4-Dichloro-2-nitrobenzene 89-61-2 201-923-3
1765 Pyraclostrobin (ISO); methyl N-{]2- 175013-18-0 605-747-1
{[1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxymethyl}phenyl[} N-methoxy
carbamate
1766 Tert-Butyl 2-ethylperoxyhexanoate 3006-82-4 221-110-7
1767 Fenpropidin (ISO); (R,S)-1-[3-(4-tert- 67306-00-7
butylphenyl)-2-
methylpropyl]piperidine
1768 2-Ethylhexanoic acid, monoester with 85114-00-7 285-503-5
propane-1,2-diol
1769 α,α’-Propylenedinitrilodi-o-cresol 94-91-7 202-374-2
1770 Ozone 10028-15-6 233-069-2
1771 2-Phenylpropene; α-methylstyrene 98-83-9 202-705-0
1772 Silver (nano) [particle diameter > 1 7440-22-4 231-131-3
nm ≤ 100 nm]
Silver (massive) [particle diameter ≥
1 mm]
1773 Dinitrogen oxide 10024-97-2 233-032-0”
Schedule 2 Regulation 2(3)
Entry to be inserted into Annex 3
“325 Hexyl 2- Hexyl 6259-76-3228-408-6(a) (a) (1)
hydroxybenSzaoliactyelate Fragrance 0.1%
products (products
(spray intended
and non- for
spray) children
0–3
(b) years)
Rinse- (2) 2%
off skin (products
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and hair intended
products for
children
(c) above 3
Leave- years and
on skin adults)
products
(except (b) (1)
fragrance 0.1%
products, (products
face intended
makeup for
products, children
lip 0–3
products years)
and (2) 0.5%
deodorants (products
(spray intended
and non- for
spray)) children
above 3
(d) Lip years and
products adults)
(e) (c) (1)
Deodorant 0.1%
(spray (products
and non- intended
spray) for
children
(f) 0–3
Leave- years)
on hair (2) 0.3%
products (products
(spray intended
and non- for
spray) children
above 3
(g) Face years and
makeup adults)
products
(d) (1)
(h) 0.1%
Toothpaste (products
and intended
mouthwashfor
children
(i) Nail 0–3
products years)
(2) 0.3%
(products
intended
for
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children
above 3
years and
adults)
(e) 0.3%
(products
intended
for
children
above 3
years and
adults)
(f) 0.3%
(products
intended
for
children
above 3
years and
adults)
(g) 0.3%
(products
intended
for
children
above 3
years and
adults)
(h)
0.001%
(i) 0.5%
(products
intended
for
children
above 3
years and
adults)”
5Document Generated: 2026-02-09
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend Regulation (EC) No 1223/2009 of the European Parliament and of the
Council on cosmetic products (“the Cosmetic Regulation”) to prohibit or restrict the use of certain
substances in cosmetic products.
Regulation 2(2) and Schedule 1 amend Annex 2 to the Cosmetic Regulation (list of substances
prohibited in cosmetic products) to add substances that have been classified as category 1B or
2 carcinogenic, mutagenic or toxic for reproduction (“CMR”) substances under Regulation (EC)
No 1272/2008 of the European Parliament and of the Council on classification, labelling and
packaging of substances and mixtures, prohibiting these substances from use in cosmetic products.
This amendment applies from 23rd March 2027.
Regulation 2(3) and Schedule 2 amend Annex 3 to the Cosmetic Regulation (list of substances
which cosmetic products must not contain except subject to the restrictions laid down) to add
hexyl 2-hydroxybenzoate (commonly known as “hexyl salicylate”) to restrict its use in cosmetic
products, to ensure that different types of cosmetic products contain safe levels of hexyl salicylate in
accordance with advice from the Scientific Advisory Group on Chemical Safety of Non-Food and
Non-Medicinal Consumer Products. This amendment applies from 15th August 2026.
Regulation 3 sets out the transitional arrangements for cosmetic products containing these
substances.
A full impact assessment has not been produced for this instrument as no, or no significant, impact
on the private, voluntary or business sectors is foreseen. An Explanatory Memorandum is published
alongside these Regulations on www.legislation.gov.uk.
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