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Presentation of Dutch system concerning Food Imitating Products presented in Ankara
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Food-imitating Cosmetic Products
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 2
Bath Effervescent Tablet
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 3
Bath Pearls
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 4
Bath Effervescent Letter
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 5
Shower soap
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 6
Shower soap
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 7
Hair gel
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 8
Bath Foam
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 9
Candy Spray
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 10
Legislation
General Product Safety Directive (GPSD)
Sector-specific legislation
Directive 87/357/EEC – Concerning products which, appearing to be other than they are, endanger the health or safety of consumers
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 11
Directive 87/357/EEC
Article 1 (1):
This directive applies to the products, defined in Art. 1(2), which, appearing to be other than they are, endanger the health or safety of consumers.
Exceptions: products not confused with foodstuffs, jewellery, small wares (e.g. caps, ringlets obtained in do-it-yourself shop), household chemicals with childproof cap
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 12
Directive 87/357/EEC
Article 1 (2):
The products referred to in Art. 1(1) are those which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause, for example, suffocation, poisoning, or the perforation or obstruction of the digestive tract.
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 13
Directive 87/357/EEC
Article 4 (1):
If a Member State takes a specific measure pursuant to Art. 2 and 3, it shall inform the Commission thereof. It shall give a description of the product and the grounds for its decision.
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 14
Possible Approach
Decision tree
Appending methods
Panel of experts
Table of significance
Databank
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 15
Decision TreeNon Food product possess a form, odour, colour, appearance, packaging which confuses them with foodstuffs?
Could a consumer, especially young children, confuse the product with foodstuff and put the product (entirety or partially) in the mouth, suck or swallow it?
Should the product comply with the Toy Directive?
No Food-imitating Product
No action
No danger
No action
Use Toy Directive
No
No
Yes
Yes
Yes
No
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 16
Decision TreeCould the product give a reason for a danger? No danger, no actionNo
Suffocation e.g. due to small parts (Does the product, or loose parts, pass the test with the cylinder for small parts according to EN 71-1?)
Poisoning e.g. due to solvents, poisoning components etc.
Perforation e.g. due to sharp parts (Does the product have dangerous projections or could these arise?)
Chemical pneumonia e.g. due to detergents or thin viscous oils
Other Risks e.g. pneumonia due to small parts
Is there a basis for the potential risk (e.g. data bank, jurisprudence)?
Violation of Directive 87/357/EEC
Could the potential risk be founded by experts in the organisation? (In those cases where it is not possible to find a basis (“the grey area”) information could be retrieved from e.g. producer, RIVM, NVIC, other…..)
Yes
Yes
Yes
No
No No danger, no action
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 17
Food-imitating Product:
Does the product comply with on or more of the following conditions:
Yes / No / Unknown
Does the product have a misleading form?
Does the product have a misleading odour?
Does the product have a misleading colour?
Is the product misleading in relation to appearance, packaging and or labelling?Could the product be confused with foodstuff?
Should the product comply with the Toy Directive?
Could the product give a reason for a danger?
Suffocation
Poisoning
Perforation
Chemical pneumonia
Other
Is there a base for the potential risk?
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 18
Appending methods
Small parts cylinder test according to EN 71-1GC-MS analysis for assessment of poisoning or chemical pneumoniaDetermination presence of detergentSurface tension to ground chemical pneumoniaViscosity measurement to ground chemical pneumoniaTension test according to EN 71-1Drop test according to EN 71-1
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 19
Table of significance
Number of expertsMinimal number of attributions of imitation product
5 4
6 5
December 2, 2009
TAIEX Workshop EU Cosmetics Products Ankara Author | BSc. Durk J. Schakel 20
Thank you for your attentıon
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