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. Cosmetics are a chemical mixture of natural, synthetic or extracted basic raw materials, auxiliary raw materials and functional raw materials with different functions, processed by heating, stirring and emulsifying production processes and production processes. Cosmetics product compliance is the core component of cosmetics business compliance. Cosmetic ingredient compliance is the core component of cosmetic product compliance. The quality of cosmetics is affected by many factors such as raw materials, formula, production process, production process and environment. Among the above factors that affect the quality of cosmetics, the raw materials of cosmetics have the greatest impact on the quality of cosmetics. The raw materials of cosmetics are directly related to the quality and safety of cosmetics and the health of consumers. Europe and the United States and other developed countries have established strict management systems for the use of cosmetic raw materials; China has also established strict management system for cosmetics. At present, in the cosmetics industry, on the one hand, many component brands are popular, and on the other hand, many small and medium-sized cosmetics enterprises have not yet established a perfect regulatory system for cosmetic raw materials, and the compliance of cosmetic raw materials is still a very prominent brand risk and operational risk, which needs the attention of cosmetics operators. As far as the compliance of cosmetic ingredients is concerned, at this stage cosmetics enterprises should focus on the use of new raw materials, the use of prohibited raw materials and the construction of raw material procurement system. This article will discuss the compliance of cosmetic ingredients from the legal point of view for the reference of business operators.

New ingredients in cosmetics can only be used by permission

According to whether the raw materials of cosmetics are used for the first time in China, cosmetic ingredients can be divided into cosmetics used ingredients and cosmetics new ingredients. New ingredients of cosmetics refer to natural or artificial raw materials first used in the production of cosmetics in China. New ingredients of cosmetics in China can only be used after administrative permission, and cosmetics operators shall not unilaterally pursue product effects and use new raw materials without permission. China's "Cosmetic hygiene Supervision Regulations" stipulate that "the use of new raw materials for the production of cosmetics must be approved by the health administration department of The State Council", which establishes a licensing system for the use of new raw materials for cosmetics in China. The "Catalog of used cosmetic raw Materials" (currently implemented as the 2015 edition) clearly specifies the 8,783 cosmetic raw materials that have been used in the field of cosmetic production in China, and the new raw materials that are used beyond the list in the process of cosmetic production by cosmetic manufacturers should go through the relevant licensing approval procedures and obtain the health administrative permission before they can be used. If the operator unilaterally pursues the product effect and uses new raw materials beyond the scope of the catalog, it is not compliant. Cosmetic manufacturers should study carefully, update the "Catalogue of Used Cosmetic raw materials" in time, and master the latest used cosmetic ingredients. If new raw materials need to be used, they must go through administrative licensing procedures before use, and can only be used after obtaining permission. If cosmetics use new ingredients without authorization, once the product is identified as unqualified, it will not only cause major losses to the brand goodwill, but also lead to a large number of packaging materials, inventory of finished products, channel entry fees, product recall costs and other economic losses, which is a business risk that cosmetics companies cannot afford. In addition, cosmetics production enterprises in the absence of health permits, unauthorized use of cosmetics new raw materials also need to bear administrative responsibility, the supervision part can confiscate the products and illegal activities, fined three to five times the illegal income, and can be ordered to stop production or revoke the "cosmetics production license". Cosmetic enterprises that illegally use new raw materials to cause human injury or poisoning accidents should also bear civil liability for compensation, and in serious cases, they should also bear criminal responsibility. China's Criminal Law stipulates that whoever produces cosmetics that do not meet hygiene standards, or knowingly sells cosmetics that do not meet hygiene standards, thereby causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 50 percent but not more than two times the amount of sales.

Prohibited and restricted ingredients of cosmetics shall not be used in violation of regulations

According to whether cosmetic ingredients can be used in cosmetics, China divides cosmetic ingredients into three categories: usable ingredients, prohibited ingredients and restricted ingredients. Prohibited ingredients of cosmetics refer to the specific ingredients of cosmetics that are not allowed to be used in the production of cosmetics in China's cosmetics laws and regulations. Cosmetics restricted ingredients refer to the use of cosmetics in the production process, but limited concentration, or limited scope of use, or restricted conditions of use, or the label must be marked with conditions of use and precautions. The "Cosmetic Hygiene Code" (currently implemented as the 2017 edition) defines mercury, mercury compounds, lead, lead compounds and other prohibited substances; The restricted substances such as benzaldehyde and selenium sulfide have been stipulated, and the system of prohibiting the use of specific raw materials of cosmetics in China has been established. Therefore, cosmetics manufacturers should strengthen the use of raw materials management, strictly control the raw materials into the customs, strictly prohibit the purchase and use of unknown sources, fake and shoddy raw materials, shall not use the prohibited substances stipulated in the "Cosmetic Hygiene Code" for the specific efficacy of products, and shall not exceed the amount and scope of the use of restricted substances, and be responsible for the quality and safety of the procurement and use of raw materials.

Cosmetics manufacturers in the pursuit of product effects at the same time, but also from the safety of cosmetics to attach great importance to the control of raw materials, carefully study the "Cosmetic hygiene Code", master the scope of prohibited substances, strictly in accordance with the requirements of the "Cosmetic hygiene Code" resolutely put an end to the use of prohibited raw materials, strictly control the use of restricted raw materials. Use the restricted raw materials in accordance with the limited concentration, scope and conditions of use to ensure that the products produced meet the national health standards and ensure that the products produced meet the national health standards. If cosmetics manufacturers use prohibited substances or illegal use of restricted substances in cosmetics production, they will also face unbearable market operation risks, on the other hand, they also need to bear administrative responsibilities, the regulatory part can confiscate the products and illegal activities, impose a fine of three to five times the illegal income, and can order the enterprise to stop production or revoke the "cosmetics production license". Cosmetics enterprises illegally use prohibited raw materials or prohibited raw materials to cause serious consequences, but also need to bear civil liability and criminal liability. The excessive use of cosmetic ingredients is a prominent problem in the compliance of cosmetic ingredients at present.

Improve the procurement system for cosmetics raw materials

Whether it is the permitted use of new raw materials for cosmetics or the compliant use of prohibited ingredients for cosmetics, cosmetics operators need to control risks from the source of procurement, build a whole procurement system for cosmetic raw materials, and provide institutional guarantee for the compliance of cosmetic ingredients. Cosmetics enterprises should formulate supplier access requirements and establish supplier files according to the requirements of Hygiene Standards for Cosmetics Manufacturers; Review the supplier's qualification, including enterprise business license, legal production and operation documents, business status, production capacity, quality assurance system, product quality, delivery period, etc., to ensure that the purchased raw materials meet the requirements of national laws and regulations, standards and specifications; Establish audit procedures and traceability mechanisms for raw material use to ensure continuous product quality and safety in the supply process; Carry out strict acceptance or inspection according to product technical requirements, and require suppliers to provide effective inspection reports or other quality certificates according to the batch of supplies; Carry out regular on-site audit of key raw material suppliers, including production environment, process flow, production process, storage conditions, quality management and other factors affecting product quality and safety. At present, many small and medium-sized cosmetics production enterprises have not established a complete procurement system for cosmetics raw materials, mainly in the cosmetics production enterprises do not ask for proof from raw material suppliers, and do not retain and test the cosmetics raw materials they purchase. On the one hand, the product raw material risk is huge; On the other hand, if the quality of cosmetics products is unqualified due to raw materials, cosmetics manufacturers will not be able to pursue the responsibility of raw material suppliers, and all brand risks, legal risks and market risks can only be borne by cosmetics manufacturers themselves, which should attract the attention of cosmetics operators.