Scope of the Law
For the first time, manufacture, packaging, distribution and trade of cosmetic products will be regulated. The law applies to all cosmetics products manufactured industrially and placed in the Albanian market.
Cosmetics include all products ranging from everyday hygiene products such as soap, shampoo, deodorant, and toothpaste to luxury beauty items including perfumes and makeup. They should be safe for the health of people taking into account in particular the following elements:
The person or company that places the cosmetic product in the market is responsible for that product (the so called ‘Responsible Person’) and it must ensure that the product is safe and meets all the requirements of the law. The Responsible Person must be an entity or person registered with the Albanian commercial registry i.e. National Registration Centre, hence it can be the manufacturer, distributor or importer of the product registered for business in Albania.
Key obligations of the Responsible Person are:
The law sets out detailed obligations on the labeling of cosmetic products. Noteworthy, the label of the product must be in Albanian language. It must include inter alia information on the Responsible Person, origin of imported products, expiry date, volume or weight of product, instructions for use, production lot date, function of the product, ingredients, etc.
The Responsible Person must secure access to qualitative and quantitative information of the product to interest persons, subject to restrictions for the protection of commercial secrets and IP rights.
Market surveillance and administrative penalties
The Ministry of Health inspectorate is responsible for the enforcement of the law. Non-compliance with the law can be sanctioned with fines ranging from 100.000 to 500.000 LEK (approx. 700 – 3500 EUR) and confiscation of the cosmetic products.
When to be ready?
Cosmetic products businesses are not caught unprepared. The legislator has given enough time to the business to make their trade compliant with the new regulations i.e. one year after the law enters into force.
Unquestionably, the enactment of this law is expected to improve not only the quality of the products that are place in the market but on the same time will help consumers choose what is best for them.
ANISA RRUMBULLAKU, PARTNER
The information provided in this newsletter is general in nature and does not constitute legal advice. CR PARTNERS SHPK cannot assume any liability in respect thereof. Before entering in commercial transactions, professional legal advice should be sought.