As mentioned above, in terms of operation, compliance is one, and performance is zero. In the environment of increasing compliance requirements, business is not compliant, and all performance is temporary. At present, China's cosmetics market is the second largest cosmetics market in the world and is still in a period of rapid growth. In order to share China's fast-growing cosmetics market, foreign cosmetics companies have joined the feast. With the rapid development of China's economy and the accelerated flow of global information, consumers' sales ability and consumption awareness are increasingly enhanced. In order to improve the quality of life, imported cosmetics are favored by more and more consumers. China has further lowered import tariffs, including tariffs on some middle and high-end goods, laying a good foundation for foreign cosmetics to enter the Chinese market. At the same time, there are also many challenges in China's imported cosmetics market, such as the approval cycle of cosmetics import and export supervision process is too long, the approval rate of special imported cosmetics is low, and the regulatory system is adjusted frequently. Cosmetics import compliance is an important part of cosmetics business compliance, cosmetics operators should pay enough attention to, especially the first import of special use cosmetics administrative license, the first import of non-special use cosmetics filing and cosmetics import and export inspection and quarantine. This article will talk about the compliance of cosmetics import business in China from the Angle of law and management, for the reference of cosmetics operators.

The first import of special use cosmetics administrative license

In order to regulate the import of cosmetics, the State food and drug administration department shall exercise health supervision over the cosmetics imported from abroad and sold in our country. China divides cosmetics into special use cosmetics and non-special use cosmetics, among which special use cosmetics include hair care, hair color, perm, hair removal, beauty, bodybuilding, deodorization, whitening and freckle, sun protection nine categories; Cosmetics other than the above nine categories are non-special use cosmetics. At present, China carries out health approval and supervision on imported cosmetics products; No sanitary approval and supervision shall be carried out on semi-finished products and intermediate products of cosmetics. Among them, the sanitary licensing supervision system shall be implemented for the first import of finished cosmetics for special purposes. At this stage, the import of special use cosmetics license is concentrated in the Beijing State Food and Drug Administration, the cycle is usually about 12-18 months. The validity period of the administrative license for the first import of special use cosmetics is four years. It should be pointed out that the State Food and Drug Administration announced No. 45 in 2019 that since June 30, 2019, the approval system of special use cosmetics administrative license renewal commitment system has been implemented, that is, if the validity of the special use cosmetics approval certificate needs to be extended, the applicant will self-examine and promise to meet the requirements of regulations and standards. The State Food and Drug Administration granted the application for the continuation of the approval, and then organized the technical review, and strengthened the supervision and inspection in combination with the daily supervision work. If no applicant exceeds the validity period, it will be treated as no approval document. The approval system of the extension commitment system for the approval of imported special use cosmetics has greatly improved the business efficiency of imported cosmetics operators and is a great progress. However, cosmetics belong to fast-moving consumer goods, the market changes rapidly, product update iteration is particularly fast, the current imported cosmetics hygiene license about 12-18 months of the license cycle greatly delayed the market opportunity of imported cosmetics, obviously can not meet the business needs of imported cosmetics business enterprises, still need to be further improved.

First import of non-special use cosmetics for record

As mentioned above, China divides cosmetics into special use cosmetics and non-special use cosmetics, and the same is true for imported cosmetics. Special use cosmetics include hair care, hair color, perm, hair removal, beauty, bodybuilding, deodorization, whitening and freckle removal, and sun protection. Cosmetics other than the above nine categories are non-special use cosmetics. China for the first import of non-special use cosmetics products in the early stage of the implementation of health licensing supervision system, mid-term implementation of licensing and filing system, is now adjusted to the implementation of filing supervision system. Specifically, before 2018, the implementation of the State Food and Drug Administration health license and 11 free trade zone filing parallel supervision system; Since November 10, 2018, the national food and drug regulatory authorities will import non-special use cosmetics for the first time by the health license approval management and the pilot free trade zone to implement the record management adjustment to the national unified record management, the State Drug Administration will no longer accept the import of non-special use cosmetics administrative license application. The current filing cycle is generally between three and six months. The filing documents for the import of non-special use cosmetics are the same as the administrative license approval documents for the import of special use cosmetics, and the approval numbers shall not be altered or transferred, and forging and reselling are strictly prohibited. The sanitary license for imported cosmetics is valid only for the variety, production country and manufacturer specified in the license, and express record information must be affixed on the product label. The cosmetics business shall handle the import business of the product with the corresponding approval.

Cosmetics import inspection and quarantine

In order to regulate the quality of import and export cosmetics, safeguard the social public interests and the legitimate rights and interests of all parties concerned in import and export trade, the State quality supervision, inspection and quarantine authority shall conduct inspection and quarantine according to law on the foreign brand cosmetics imported into China and the cosmetics exported by Chinese cosmetics enterprises to foreign markets. Through the inspection and quarantine of cosmetics, the health and safety of consumers are protected and fraud is prevented. At present, China implements compulsory inspection and quarantine system for imported finished cosmetics, semi-finished cosmetics and intermediate cosmetics. Foreign brand cosmetics imported into the domestic market can be imported and sold only after passing the inspection. The inspection and quarantine of cosmetics import mainly includes two contents: label inspection and product inspection. Cosmetics label inspection means that the national quality supervision, inspection and quarantine department conducts compliance tests on the authenticity and accuracy of the contents of the import and export cosmetics labels that reflect the health and quality status of cosmetics, efficacy and ingredients, and tests the compliance of the label format, layout, text description, graphics, symbols, etc., in accordance with relevant provisions. The contents of cosmetics label audit include: (1) whether the health quality status, efficacy and ingredients of cosmetics marked on the label are true and accurate; (2) Whether the format, layout, text description, graphics, symbols, etc. of the label comply with the relevant provisions; (3) Whether the imported cosmetics use correct Chinese labels; (4) Whether the label meets the requirements of the importing country. The inspection and quarantine of cosmetic products refers to the inspection of import and export cosmetic products submitted for inspection by the State quality supervision, inspection and quarantine authority in accordance with the compulsory requirements of the national technical norms such as the Hygiene Code for Cosmetics. The items that the inspection and quarantine institutions carry out inspection on import and export cosmetics include: the label, quantity, weight, specification, packaging, marking, quality and hygiene of cosmetics. Cosmetic import inspection and quarantine procedures, different ports, different periods will have certain differences.

When engaging in the business of importing cosmetics for the first time, Chinese cosmetics operators should apply to Chinese regulatory authorities for the hygiene administrative license for the first import of special use cosmetics or the record certificate for the first import of non-special use cosmetics before the product is imported, and only after the application is approved can they produce or label imported cosmetics in accordance with the contents registered in the hygiene license or record certificate. And the corresponding approval number or record number marked on the product label. After the products arrive at the customs, they shall apply for inspection and quarantine, and only after passing the inspection and quarantine can they be imported into China for sale. If the import business is not compliant, it will affect the normal progress of the import and export business of cosmetics and affect the realization of commercial purposes; Heavy lead to the cosmetics operators need to bear administrative penalties and other corresponding legal responsibilities, operators should pay attention to.