HSE Appeals Procedure for Compliance Notices Served Under EU (Cosmetic Product) Regulations 2013 (S.I. 440 of 2013)
In certain circumstances as the Regulations allow, an Authorised Officer can serve a compliance notice under Regulation 12 of S.I. No. 440 of 2013 following consultation with a designated officer. The HSE must provide a copy of any issued compliance notice to the Board of HPRA within 3 working days in accordance with Regulation 12 (8).
Under Regulation 17 of the SI 440 of 2013, a person who is served with a compliance notice can appeal the decision. Where the aggrieved person appeals the notice, the appeal should be accompanied by detailed grounds explaining why the appellant believes the notice should be revoked or varied
Details of the appeal must be submitted in writing within 20 working days from the date of issue of the notice.
Any appeals must be communicated directly to ehscosmetics@hse.ie or the EHS national office, ehnationaloffice@hse.ie
National Business Service Unit,
National Environmental Health,
HSE,
2nd Floor, Oak House,
Millennium Park,
Naas,
Co Kildare
Phone: 045 880 442
The email or written correspondence shall be clearly marked as “Cosmetics Compliance Notice Appeal”.
Details of the Appeal are then forwarded for the immediate attention of the relevant RCEHO who is not the line manager for the region as follows (DNE/DML, South/West). The RCEHO will be the decision maker for the purpose of this process as delegated under the RCEHO delegation order. The RCEHO notifies the appellant to acknowledge the appeal and notifies the cosmetic Chair and OU and local PEHO.
The deciding RCEHO considers all aspects of the appeal. Members of the cosmetics steering committee shall act as an advisory committee for the RCEHO in this regard. This shall exclude the OU and regional representative from the region where the notice was service.
The deciding RCEHO may revoke or vary the compliance notice in accordance with Regulation 12 (7).
A copy of every compliance notice, and every revocation, or variation of compliance notice, shall be provided within 3 working days to the HPRA to the Board of the HPRA and the AND Environmental Health.
All appeals must be decided within 10 working days from the date of receipt.
Once the decision has been finalised, the appellant must be notified in writing of the decision.
Once the appeals process has been concluded, the local PEHO and cosmetics chair and OU shall be notified of the outcome of the appeal.
