Notice on the Implementation of the "Regulations on the Supervision and Administration of Cosmetics" | Beauty and Health Law

Author: 国瓴律师
Published on: 2020-06-29 16:27
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On June 29, 2020, The State Council promulgated the Regulations on the Supervision and Administration of Cosmetics (hereinafter referred to as the Regulations), which will come into force on January 1, 2021. The State Drug Administration is organizing the revision of the Regulations and normative documents, and deliberating and releasing them in accordance with relevant legislative procedures. In order to ensure the quality and safety of cosmetics and promote the healthy development of the cosmetics industry, the relevant matters concerning the implementation of the Regulations are announced as follows:


1. Cosmetics registrants and recordholders

Since January 1, 2021, any enterprise or other organization that holds a special cosmetics registration certificate (administrative license approval for special use cosmetics) or has handled the record of ordinary cosmetics (non-special use cosmetics) shall, in accordance with the requirements of the Regulations on cosmetics registrants and record holders, Responsible for the quality and safety claims of cosmetics according to law.


Ii. Management of cosmetics registration and filing

Since January 1, 2021, cosmetics and cosmetics new raw materials are subject to classified management, and before the relevant provisions of registration and filing supporting the Regulations are issued and implemented, cosmetics registrants and filing persons shall submit registration and filing information in accordance with the relevant provisions of the current registration and filing. Registrants and recordholders of new cosmetic raw materials shall submit registration and recordkeeping materials in accordance with the information requirements in the Guidelines for the Declaration and Review of New Cosmetic Raw Materials. Cosmetics, cosmetics new raw materials filed by the filing person to complete the filing; The drug regulatory department shall carry out the relevant work of registration administration in accordance with the procedures and time limits stipulated in the Regulations.

For special cosmetics whose registration decision is made after January 1, 2021, the product registration certificate is valid for 5 years.

Third, on the transitional management of five types of special use cosmetics such as hair care

Since January 1, 2021, the special use cosmetics for hair growth, hair removal, beauty, bodybuilding and deodorization stipulated in the Regulations on Cosmetic Hygiene Supervision will no longer be managed in accordance with special cosmetics, the State Drug Administration will no longer accept the registration applications for related products, and will no longer issue administrative licenses for related special use cosmetics. The State Drug Administration shall terminate the examination and approval of the products belonging to ordinary cosmetics or not belonging to cosmetics in accordance with the Regulations, which have already accepted the application for administrative license that has not yet been decided upon; For products belonging to special cosmetics in accordance with the Regulations, the applicant may adjust the application information and continue to review and approve according to the procedure.


4. Soap and toothpaste management

Since January 1, 2021, soaps claiming to have special cosmetic effects should apply for special cosmetic registration and obtain registration certificates in accordance with the Regulations.

Before the promulgation and implementation of the relevant provisions on the supervision and administration of toothpaste in accordance with the Regulations, the drug supervision and administration department shall carry out supervision and administration of toothpaste in accordance with the current relevant provisions.


5. Evaluation of efficacy claims and label management

Before the release and implementation of the cosmetic classification rules and classification catalogues, cosmetic efficacy claim evaluation norms, cosmetic label management measures, etc., cosmetic registrants and recordholders do not need to publish summaries of product efficacy evaluation information, and cosmetic efficacy claim evaluation and label management are implemented in accordance with the relevant provisions in force.


Vi. Cosmetics production license

From January 1, 2021, the previously obtained "Cosmetic production License" will continue to be valid within the validity period, and the new cosmetic production license and the change, continuation and reissuance of the license will be implemented in accordance with the provisions of the Regulations. Before the release and implementation of the relevant provisions of the Regulation on the management of the production license of cosmetics, the data requirements of the production license of cosmetics shall be implemented in accordance with the provisions of the Work Specification for the Production License of Cosmetics, and the new version of the Production License of Cosmetics shall be issued. Where an e-certificate is issued or used, the style of the e-certificate shall be consistent with that of the new paper certificate.


Vii. Investigation and punishment of illegal acts

Cosmetics violations occurred before January 1, 2021, apply to the Regulations on Cosmetic Hygiene Supervision, but according to the Regulations that are not illegal or should be given a lighter punishment, the Regulations apply. If the violation occurs after January 1, 2021, the Regulations shall apply.

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