The Regulations on the Supervision and Administration of Cosmetics will be implemented soon, and the official announcement is coming!

Release time:

2021-01-04 17:45

On December 28, the State Food and Drug Administration issued an announcement (No. 144 of 2020) explaining the Regulations on the Supervision and Administration of Cosmetics (hereinafter referred to as the "Regulations") to be implemented on January 1, 2021, and making an announcement on matters related to the implementation of the Regulations. The main information is as follows:

1. The announcement stipulates the legal obligations that cosmetic registrants and filers need to perform, that is, to claim responsibility for the quality, safety and efficacy of cosmetics in accordance with the law. In addition, after the implementation of the regulations, cosmetics, cosmetics new raw materials will be classified management.

2. The transitional management measures for special-purpose cosmetics have been clarified, and the State Food and Drug Administration will no longer accept applications for registration of special-purpose related products, and will no longer issue relevant administrative license approvals. However, the application for administrative license that has been accepted and has not yet made an administrative license decision is still left. According to the "Regulations", the applicant can adjust the application materials and continue to review and approve according to the procedures.

3. The announcement also explains the regulations on the management of soaps and toothpastes in the Regulations. After the implementation of the Regulations, soaps that claim to have special cosmetic effects should apply for registration of special cosmetics and obtain a registration certificate in accordance with the provisions of the Regulations; Before the relevant regulations on toothpaste supervision and management supporting the "Regulations" are issued and implemented, the drug supervision and management department shall supervise and manage toothpaste in accordance with the current relevant regulations.

4. The announcement explains the production license of cosmetics. After the implementation of the regulations, the previously obtained cosmetics production license will continue to be valid within the validity period, and the new cosmetics production license and license will be changed, extended and reissued in accordance with the provisions of the regulations.

5. For the punishment of illegal acts of cosmetics before the implementation of the regulations, the principle of lighter punishment shall be adopted, and the punishment provisions shall apply to the regulations on Hygiene Supervision of Cosmetics, but if it is considered that it is not illegal or should be given a lighter punishment according to the regulations, the regulations shall apply. If the violation occurs after January 1, 2021, the regulations shall apply.

the full text of the announcement is as follows:

Announcement No. 144 of 2020 of the State Food and Drug Administration on Matters concerning the Implementation of the Regulation on the Supervision and Administration of Cosmetics

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 preparation and revision of the regulations and normative documents of the supporting departments of the regulations, and deliberating and issuing them in accordance with the 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 hereby announced as follows:
1. on cosmetics registrants, filers.
Starting from January 1, 2021, all enterprises or other organizations that hold a special cosmetics registration certificate (approval document for administrative license of special-purpose cosmetics) or have filed for ordinary cosmetics (non-special-purpose cosmetics) shall, in accordance with the requirements of the regulations on cosmetics registrants and filers, claim responsibility for the quality, safety and efficacy of cosmetics in accordance with the law.
2. About Cosmetics Registration and Filing Management
Starting from January 1, 2021, cosmetics and new cosmetics raw materials will be subject to classified management. Before the relevant regulations on registration and filing supporting the Regulations are issued and implemented, cosmetics registrants and filers shall submit registration and filing materials in accordance with the current relevant regulations on registration and filing. The registrants and filers of new cosmetics raw materials shall submit registration and filing materials in accordance with the information requirements in the Guidelines for the Application and Review of New Cosmetics Raw Materials. The filing of cosmetics and new raw materials for cosmetics shall be completed when the filing materials are submitted; the drug supervision and administration department shall carry out the relevant work of registration management in accordance with the procedures and time limit 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.
3. on the transitional management of five types of special-purpose cosmetics such as hair growth.
Starting from January 1, 2021, special-purpose cosmetics such as hair care, hair removal, beauty milk, bodybuilding and deodorization as stipulated in the regulations on Hygiene Supervision of Cosmetics will no longer be managed in accordance with special cosmetics. The State Drug Administration will no longer accept applications for registration of related products, and will no longer issue relevant administrative license documents for special-purpose cosmetics. The State Drug Administration shall terminate the examination and approval of products belonging to ordinary cosmetics or products that do not belong to cosmetics according to the regulations; for products belonging to special cosmetics according to the regulations, the applicant may continue to review and approve according to the procedures after adjusting the application materials.
4. About Soap and Toothpaste Management
From January 1, 2021, soap claiming to have special cosmetic effects shall apply for registration of special cosmetics and obtain a registration certificate in accordance with the provisions of the Regulations.
Before the relevant regulations on toothpaste supervision and management supporting the "Regulations" are issued and implemented, the drug supervision and management department shall supervise and manage toothpaste in accordance with the current relevant regulations.
5. on efficacy claim evaluation and label management
Before the release and implementation of the cosmetic classification rules and catalogues, cosmetic efficacy claim evaluation specifications, cosmetic labeling management measures, etc., which are supported by the Regulations, cosmetics registrants and filers do not need to publish summaries of product efficacy evaluation data for the time being, and cosmetic efficacy claim evaluation and labeling management shall be implemented in accordance with the current relevant regulations.
6. About 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 license will be changed, renewed and reissued in accordance with the provisions of the regulations. Before the release and implementation of the relevant provisions on the management of cosmetics production license in the regulations, the requirements of cosmetics production license materials shall be implemented in accordance with the provisions of the work specification for cosmetics production license, and a new version of cosmetics production license shall be issued. See the attachment for the certificate style. In areas where electronic certificates are issued and used, the style of the electronic certificate shall be consistent with the style of the new paper certificate.
7. on the investigation and punishment of illegal acts
If the illegal act of cosmetics occurs before January 1, 2021, the "Regulations on Cosmetics Hygiene Supervision" shall apply, but if it is considered that it is not illegal or should be given a lighter punishment according to the "Regulations", the "Regulations" shall apply. If the violation occurs after January 1, 2021, the Regulations shall apply.
It is hereby announced.