A "distributor" is any natural or legal person in the supply chain, other than with the exception of the manufacturer or importer, who makes a cosmetic product available on the Community market, according to Article 2 Paragraph 1 lit. e.
The distributor is the person responsible (according to Article 4 para. 6) if he/she: places a cosmetic product on the market under his/her own name or trademark, or modifies a product already placed on the market in a way that compliance with the applicable requirements may be affected.
The translation of information relating to a cosmetic product is not considered a modification. However, the distributor is obliged to notify the relevant authority of the translation. The distributor must check the labelling prior to making a product available on the market, in particular, in terms of:
- Name, address, land of origin, batch number, list of ingredients
- whether the language on the labelling is in German
- whether the minimum shelf-life date has expired
The distributor guarantees that storage or transport conditions comply with the Regulation’s requirements.
If a distributor has reason to assume that a cosmetic product does not comply with the requirements of this Regulation:
- he/she shall not make the product available on the market
- he/she shall take appropriate corrective measures
- he/she shall inform the person responsible and the competent authorities immediately, if the product could present a risk.
A marketability assessment is not required by law, but could be commissioned additionally by the person responsible or the distributor, on request. The cosmetic product must be assessed in line with current food-related legal provisions and regulations to prepare such an assessment.
Only certified experts for cosmetic products and the certified experts for cosmetic products at AGES and the research institutions in the Austrian provinces are authorised to issue such assessments. Marketability assessments are subject to a charge.