CHINA’S NEW COSMETICS REGULATIONS PUBLISHED
Author: Divyanshi Gupta, Faculty Of Law, Lucknow University
Abstract
China has a large cosmetic market. Keeping in view the large market, its growth China released New Regulations on Supervision and Administration of Cosmetics to regulate cosmetic industry. It is a series of rules that govern imports, market entry and sales of cosmetics in China. The new Regulation on Supervision and Administration of Cosmetics will replace. The Regulations on Hygiene Supervision of Cosmetics. The new Regulations comprises of 80 articles which consist of six chapters on raw materials, supervision and administration, legal responsibilities and operation and production.
In a nut shell, the new regulations will remove red tape that has existed previously in this industry. The new regulation is more comprehensive than old one. Below is the summary of key changes in cosmetic industry regulation:
- Red Tape: Under the current regulation prior permission has to be obtained from NMPA, for use of any new ingredient. Whereas, the New Regulation provides that there is no need to obtain prior approval for use of new ingredient in general cosmetic, the can be admitted on filing basis with National Medical Products Administration.
Following documents need to be submitted during filing:
- Research Report
- Research materials
- Control standards
- Safety assessment material
This filing process will not be applicable to special cosmetics such as hair dye, sunscreen, etc. These will continue to apply for pre-registration.
- Easy Import: The new regulation will make it easier to import non-special use cosmetic. This will only require filing will NMPA. The new policy will lead to purchasing cycle in which foreign cosmetic can be imported into China, this will lower logistics charge.
- Special Use Cosmetics: Before being allowed to import into China, special use cosmetics are subject to registration. Special use cosmetics include products like:
- Hair Dyes
- Whitening products
- Sunscreen
- Hair loss prevention
- Spots removal products
- Others
- Licensing have been simplified: Previous regulation required two license to manufacture cosmetics in China, Cosmetics Manufacturer Sanitary License issued by National Medical Products Administration and the other Cosmetics Manufacturing License issued by the quality supervision authority.
The new regulation has simplified the licensing by combining both these licenses into one. Now, the cosmetics manufacturer will only require to apply Cosmetics Manufacturing License issued by National Medical Products Administration.
- Safety Control and Quality Assessment: The previous regulation sets out that the cosmetics manufacturer are required to conduct hygiene quality test before they are launched in the market. While the new regulation requires registrants to appoint a responsible person who is incharge of safety and quality. The person appointed should possess special knowledge and 5 years of experience in cosmetic industry or quality management.
New regulation provides for safety assessment for new applicants and new ingredient registration to be carried on by hem independently or by assessment institution.
- Testing: New regulation provides that National Medical Products Administration may carry out supplementary tests if current tests are insufficient against illegal use of forbidden substance and adulteration.
This is a strict step to taken by government to forbid adulteration and illegal use of forbidden substance.
- Diverse Approach: The new regulation covers all round manufacturing process, market entry, post sale process in cosmetic industry through a number of new steps.
The new regulation enables National medical Products Administration to guard problematic cosmetic manufacturers.
- Claims: The new regulation provides for certain principles which are to be followed while advertising for the cosmetic products, which includes like prohibition on use of any false description as to efficacy of products.
Any claim as to efficacy of products must be supported by some scientific evidence such as assessment, scientific report, etc.
- Adverse Research Monitoring: The new regulation provides for establishment of Adverse Research Monitoring system which provides for distributors and manufacturers to report to authority of any reported adverse reaction of their product.
- Obligation: The new regulation subjects cosmetic operators to more strict and greater obligations with more responsibilities. Hotels and salons which provide or use cosmetics have same registration and obligation as that of cosmetic operators.
- Penalties: The penalties in new regulation are greater than the previous regulation. Under new regulation, beside confiscation of relevant products, manufacturers could also face confiscation of raw material, equipments, tools, etc.
Conclusion:
The New Regulation provides for better access, lessen red tape for cosmetic business. New filing system will replace old, hectic registration system. The more stringent, new regulations will enable more certainty in the market. The new regulations will not only increase responsibilities but also maximize accesses to market and clarity. The New Cosmetic Regulation will take effect from 1st January,2021. It will be better for manufacturers to monitor the implementation of New Regulation as they will not merely bring increased responsibilities but welcome access and clarity.
Reference:
- National Bureau of Statistics, China
- Chemical Inspection and Regulation Service
- Global Cosmetic News
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