From August 3, there may be problems with selling perfumes "by decant" — what is the reason

In Ukraine, from August 3, the sale of original perfumes in the form of decants (samples) may be at risk. Representatives of this market segment state that the legislation still does not specify how the new requirements should be applied to such activities. Because of this, entrepreneurs fear legal uncertainty, and some small businesses risk ceasing operations.

Amid these concerns, a petition has been registered calling on the Cabinet of Ministers to officially regulate the sale of original perfume products in the form of decants (samples), provide clarifications on the application of the Technical Regulation, and, if necessary, make changes to the regulatory framework.

Why the problem with selling decants arose

The author of the appeal notes that on August 3, 2026, the transitional period for implementing the Technical Regulation on cosmetic products, approved by the Cabinet of Ministers of Ukraine Resolution No. 65 dated January 20, 2021, will end. The document was developed based on the European Union Regulation No. 1223/2009. Its main goal is to harmonize Ukrainian legislation with European rules and increase the safety level of cosmetic products.

The petition emphasizes that the introduction of European standards is an important step to protect consumer health. At the same time, the practical application of the Technical Regulation, according to the author, revealed a number of gaps and legal conflicts that create uncertainty for manufacturers, importers, sellers, and buyers.

The greatest concern is caused by the sale of original perfumes in the form of decants (samples). Current legislation does not define the legal status of such activity, and competent state authorities have not yet provided official clarifications on how exactly to apply the requirements of the Technical Regulation to perfumes poured from factory bottles into smaller containers.

According to the author, because of this, entrepreneurs cannot objectively assess whether their activities comply with legal requirements. The petition stresses that such a situation contradicts the principle of legal certainty, which is part of the rule of law and enshrined in the Constitution of Ukraine.

What risks are seen for business

For many years, a legal segment of selling original perfumes in the form of decants has existed in Ukraine. This format allows customers to familiarize themselves with the scent before purchasing a full-size bottle, makes branded and niche perfumes more accessible, supports the development of small and medium-sized businesses, and promotes fair competition.

At the same time, representatives of the cosmetic and perfume market are already reporting a reduction in product assortment, a significant increase in costs to comply with the Technical Regulation, difficulties in passing conformity assessment procedures, and the risk of some small and medium-sized businesses ceasing operations.

The petition also notes that if the issue of selling decants is not officially regulated, it may lead to the closure of a significant number of small enterprises and individual entrepreneurs, loss of jobs, reduction of tax revenues, as well as the transition of part of the market to the shadow sector or foreign online sellers.

The author also points out that although the Ukrainian Technical Regulation is based on the European Regulation No. 1223/2009, some issues of its practical application in Ukraine remain unresolved.

What is proposed to the Cabinet of Ministers

The government is asked to:

• provide official clarification regarding the legal status of selling original perfume products in the form of decants (samples);
• determine the procedure for applying the provisions of the Technical Regulation to such activities;
• if necessary, prepare amendments to the Technical Regulation or other regulatory legal acts;
• until the official regulation of the issue, consider the possibility of establishing an additional transitional period or postponing the application of certain provisions of the Technical Regulation concerning activities whose legal status currently remains undefined.

In addition, the author asks the Cabinet of Ministers to ensure compliance with the principles of the rule of law, legal certainty, freedom of entrepreneurial activity, and consumer rights protection, create predictable conditions for business operation, support conscientious entrepreneurs, preserve jobs, and prevent unjustified reduction of small and medium-sized businesses.

Petition No. 41/010202-26ep was registered on June 29, 2026. At the time of publication, 92 days remained until the end of signature collection.

Earlier requests to postpone new rules for cosmetics

The current petition is the second concerning the Technical Regulation on cosmetic products.

Previously, another author appealed to the Cabinet of Ministers with a call to postpone the full implementation of the Technical Regulation, scheduled for August 3, 2026, and to refine some of its provisions.

That petition stated that after the transitional period ends, the assortment of cosmetics and perfumes may decrease, prices may rise, some stores may cease operations, and manufacturers and importers will face significant costs to comply with new requirements.

The author also claimed that some cosmetic brands without exclusive representatives in Ukraine are already disappearing from the Ukrainian market. In addition, the high cost of expert research, documentation processing, and new procedures, in his opinion, creates excessive financial burdens on businesses.

Thus, while the first petition concerns the possible postponement of the full implementation of the Technical Regulation, the new one raises a different issue — the lack of clear rules for selling original perfume products in the form of decants.

What the Technical Regulation on cosmetic products provides

The Cabinet of Ministers approved the Technical Regulation on cosmetic products by Resolution No. 65 back in 2021. The document was developed based on the European Regulation No. 1223/2009. Its main goal is to make cosmetic products safer for consumers and align Ukrainian rules with European standards.

Until August 3, 2026, a transitional period applies to manufacturers, importers, and sellers. After its completion, all new cosmetic products introduced to the market in Ukraine must fully comply with the new requirements.

One of the key changes is the introduction of a responsible person. This can be the manufacturer, importer, or authorized representative. This person will be responsible for the safety of cosmetics, compliance with legal requirements, and, if necessary, organizing product withdrawal or recall from the market.

Each cosmetic product must also have a complete set of technical documentation. This includes information about composition, manufacturing technology, laboratory test results, safety assessment, confirmation of declared properties, and other documents. Such documentation must be kept for at least ten years after the last batch is placed on the market.

Another important innovation is the notification procedure. Instead of obtaining separate permits, manufacturers or importers must notify the state about product placement through a special electronic portal. At the same time, business responsibility for product safety is significantly increased.

Additionally, the regulation sets new requirements for cosmetic composition. The document defines a list of prohibited substances, regulates the use of preservatives, colorants, UV filters, and nanomaterials. Before entering the market, products must undergo a safety assessment, and the manufacturer or importer must confirm all declared properties with appropriate studies or other evidence.

Enterprises must also operate according to good manufacturing practice (GMP) principles, and packaging information must comply with new labeling rules.

Compliance with these requirements will be monitored by the State Service of Ukraine on Medicines and Drugs Control. Inspections may be conducted during customs clearance, in stores, online shops, warehouses, beauty salons, clinics, and other places where cosmetic products are sold. If a product is deemed dangerous or non-compliant, it may be withdrawn or recalled from the market, and business entities may face penalties.

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