Cosmetics Importer & Distributor Duties Explained
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Quick Answer
Cosmetics law gives importers and distributors their own duties. In the text of Article 4 I reviewed, each importer is the Responsible Person for the specific cosmetic product it imports, and a distributor becomes the Responsible Person if it places a product on the market under its own name or trademark, or modifies a product already on the market. Distributors who stay distributors have a shorter list of duties, mainly checking the label before supplying and not supplying a product they have reason to believe is non-compliant.
Role Check: Importer, Distributor or Brand Owner?
| If you... | Your role under the Regulation |
|---|---|
| Bring a product in from outside the market | Importer, and the Responsible Person for that product (Article 4(5)), unless another person is properly appointed |
| Resell a product under your own brand | Distributor who becomes the Responsible Person (Article 4(6)) |
| Change a product already on the market | Also treated as the Responsible Person (Article 4(6)) |
| Resell someone else's product unchanged and under their name | Distributor, with the duties in Article 6 |
This is based on Chapter II of Regulation 1223/2009 as it applied in the UK (version dated 1 May 2020). Check the current wording before you rely on it, because the UK text has been adapted since. The GOV.UK guidance for Great Britain is consistent: it lists "the importer" among the people who can be the Responsible Person, and says a distributor can be the Responsible Person only if it labels the product as its own, for example under its brand name. See GOV.UK: Making cosmetic products available to consumers in Great Britain.
If You Are an Importer
An importer carries the Responsible Person's duties for the products it brings in. Article 4 says the Responsible Person ensures compliance with the Regulation's obligations, and Article 5 requires immediate corrective measures if a product turns out not to conform. In practice that means you must have, before the first shipment lands:
- A safety report from a qualified assessor for each product (see how to choose an assessor).
- A Product Information File you can access, with supplier data, not just the supplier's promises. See our PIF guide.
- A notification before the product is made available, as in CPNP vs SCPN.
- A label that shows the Responsible Person's name and address and, per GOV.UK, the country of origin for imported products. Read labelling requirements.
The importer may appoint someone else as Responsible Person by written mandate, and GOV.UK describes this as an "appointed company or person". Our Responsible Person guide covers how to choose one. For Northern Ireland the Responsible Person must be established in Northern Ireland or the EU, as set out in our Northern Ireland guide.
If You Are a Distributor
Article 6 sets out what a distributor must do. In the text I reviewed:
- Before making a product available, verify that the labelling information required by Article 19 is present, that the language requirements are met, and that any minimum durability date has not passed.
- If you have reason to believe a product does not conform, do not make it available until it has been brought into conformity.
Distributors are also part of the traceability chain. Article 7 says that, on a competent authority's request, Responsible Persons identify the distributors they supplied and distributors identify their own suppliers and recipients, for a period of three years from when the batch was made available to the distributor. Keep invoices and delivery records accordingly.
When a Distributor Becomes the Responsible Person
This is the trap for retailers launching "their own" line. If you buy a finished product from a manufacturer and sell it under your brand, or alter the product, you take on the Responsible Person's role under Article 4(6). That means a safety report, a PIF and a notification in your name. Our private label guide explains how to share the work with your manufacturer.
Common Mistakes
Mistake #1 — Assuming the overseas supplier is the Responsible Person. For imports, the importer holds that role unless someone is properly appointed.
Mistake #2 — Relabelling a product with your brand and calling yourself a distributor. Under Article 4(6) that makes you the Responsible Person.
Mistake #3 — Skipping the label check. Article 6 requires distributors to verify labelling before supplying.
Mistake #4 — Poor supplier records. If an authority asks who supplied you, you should be able to answer quickly.
Frequently Asked Questions
Is an importer the Responsible Person?
Under Article 4 of the Regulation, each importer is the Responsible Person for the specific cosmetic product it imports, although the importer may appoint another person by written mandate. GOV.UK guidance also lists the importer as a possible Responsible Person.
When does a distributor become the Responsible Person?
Article 4 says this happens when a distributor places a product on the market under its own name or trademark, or modifies a product already placed on the market.
What must a distributor check before selling?
Under Article 6, distributors must verify that the required labelling information is present, that language requirements are met and that the minimum durability date has not passed. They must not supply a product they have reason to believe is non-compliant until it has been brought into conformity.
How long must supplier and customer records be kept?
Article 7 provides that the obligation to identify suppliers and recipients applies for three years following the date the batch was made available to the distributor. Check the current text for your market.
Final Word
Know which role you are in before the goods arrive. Importers and anyone who sells under their own name carry the full file; distributors carry fewer duties, but they still must check labels and keep records. Settle this in your supplier contract, not after a problem.
Importing or reselling cosmetics?
NestQual provides CPSRs, PIFs, notifications and Responsible Person services for importers and brand owners.
Get a CPSR for your product
See the Complete Compliance Pack
Sources
- Regulation (EC) No 1223/2009, Chapter II, Articles 4 to 7 (version 1 May 2020) — legislation.gov.uk
- GOV.UK, Making cosmetic products available to consumers in Great Britain — gov.uk
- Related guides on this site: Responsible Person, private label, Northern Ireland
This article is for general information and does not constitute legal advice. Article wording is taken from a 2020 version of the legislation as it applied in the UK and may have been amended; confirm current requirements for your market with a qualified safety assessor or Responsible Person.