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  • Writer's pictureDaniel Jiménez

New Decree No. 2023-837 and its list of products that may not be sold in bulk

Decree No. 2023-837, published in the Official Journal of the French Republic last August 31, aims to protect public health by establishing a list of products that cannot be sold in bulk.

However, in the specific case of cosmetic products requiring a Challenge Test, exceptions are provided for in accordance with the Implementing Decision of November 25, 2013, which establishes guidelines for the application of Annex I of Regulation (EC) No. 1223/2009 on cosmetic products.

The term "bulk sale" in this context refers to the marketing of products without packaging to the final consumer. Under this modality, consumers have the possibility to purchase the desired quantity of products, which are delivered in reusable containers.

For the bulk sale of these cosmetic products, the use of two specific modalities will be required.

The first modality is through an assisted service, in which an operator at the point-of-sale packages and delivers the product immediately to the consumer.

The second modality is through a distribution system suitable for self-service bulk sales. To be considered adequate, this distribution system must guarantee the preservation of the integrity of the product, comply with safety, hygiene, and conservation requirements, as well as comply with all safety requirements at the points of sale.

It should be noted that this decree has a broader scope that covers various products, such as toilet paper, kitchen paper towels, paper napkins, tissues, absorbent cotton, and other single-use articles made of cotton or vegetable fibers for personal hygiene or cleaning purposes.

This decree came into force on September 1, 2023

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