Cosmetics are consumer products to meet the needs of beauty, which act directly on the human body, and their qualities are related to the health of the people. In order to protect the public with cosmetics safety, regulate and promote the healthy development of the cosmetics industry, the State Council announced the Supervision and Management Measures on Cosmetics Production and Operation on July 26th, 2021. The Measures could be mainly described in three highlighted parts which would be listing below by Dongjin:
First is about the implementation of the requirements for the “decentralization-control-service” reform and the optimization of the production licensing processes. Clarify the continuous implementation of “commitment and notification system” for cosmetics production licensing and strengthen the regulatory measures, the former false licenses shall be withdrawn for those licenses that do not meet the conditions. It’s stated that the cosmetics production licensing shall be classified, highlighting that cosmetics for children's skin care and eyes care shall have special conditions for production. Refine and improve the examination and approval procedures of production licensing and change applications under different circumstances, if there is the need for full on-site verification, the new license would be issued after the verification, and the license validity would be recalculated, in order to increase efficiency and reduce the burden on enterprises.
Second is about the clear production and management requirements for cosmetic. It requires registrants, filers and entrusted production enterprises for cosmetic products to establish the production quality management system, carry out quality and safety responsibility, and refine the obligations as sample management, self-inspection requirements and rectification, shutdown and reporting. Clarify the conditions and obligations of the entrusted party and entrusted production enterprises. Meanwhile, due to the label management requirements for cosmetics naming, special labeling for children's cosmetics, identification for labeling defects, the management shall be problem-oriented, and further clarify the requirements for false propaganda and illegal claims for cosmetics products.
Third is about the operation and management requirements for cosmetic. Due provisions shall be improved as the purchasing examination, product inspection, and related storage and transport record-keeping system. Clarify what obligations for business services like beauty salon and hotel, which may use cosmetics or provide cosmetics for consumers, to fulfill. Determine the specific responsibilities as the review, reporting, inspection and restriction for illegal behavior for e-commerce platforms, centralized trading markets and exhibition and fair organizers combined with the actual regulatory, emphasizing the obligation for platforms to report significant information involving quality safety.
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Mr. Mike Chang (Partner)