Official Revision on Part of the Regulations Concerning the Hygiene Supervision over Cosmetics

The state council has sorted out relevant administrative regulations related to the institutional reform and transformation of government functions, in order to fully implement the decision of the CPC central committee on deepening the reform of party and state organs adopted at the third plenary session of the 19^th CPC central committee, the plan for deepening the reform of party and state organs, and the plan for institutional reform of the state council approved at the first session of the 13th National People's Congress, to ensure that administrative organs perform their duties in accordance with the law, to further promote the reform of streamlining administration, delegating power to lower-level governments, streamlining regulation, and improving services.

On March 2, 2019, the state council issued the decision on amending some administrative regulations (decree no. 709), which comes into effect as of the date of issue. The state council decided to amend some articles of 49 administrative regulations including the Regulations Concerning the Hygiene Supervision over Cosmetics. CIRS has summarized the modified content, including the following aspects:

1. "Health Administration Department" is changed to "Cosmetics Supervision and Management Department".
2. "Administrative Department for Industry and Commerce" is changed to "Administrative Department for Market Supervision".
3. "Hygiene license" is changed to "Cosmetics production license".
4. "First time imported cosmetics shall be approved by the health administration department under the state council" is changed to "First time imported special use cosmetics shall be approved by the cosmetics supervision and management department under the state council. Other first time imported cosmetics shall be put on record filing according to relevant regulations."
5. "The Health administration department under the state council shall carry out review of safety on imported cosmetics, special use cosmetics and cosmetic new ingredients", is changed to "the cosmetics supervision and management department under the state council shall carry out review of safety on special use cosmetics and cosmetic new ingredients".
6. "Health administration department, cosmetics hygiene supervisors and health supervision and inspection institutions at all levels shall not participate in the production and sale of cosmetics by means of technical consultation and technical service, and shall not supervise the manufacture of cosmetics." is changed to "Cosmetics supervision and management and cosmetics hygiene supervisors at all levels shall not participate in the production and sale of cosmetics by means of technical consultation and technical service, and shall not supervise the manufacture of cosmetics."

Detailed info of amendments is as follows:

The "Health Administration Department " in article 3, article 9, paragraph 1, article 10, paragraph 1, article 19, article 23, article 29, article 30 and article 32 of the "Regulations Concerning the Hygiene Supervision Over Cosmetics" is changed to "Cosmetics Supervision and Management Department".

Article 5 is amended to: "The cosmetics production license system shall be implemented for cosmetics manufacturer. The cosmetics production license shall be approved and issued by the cosmetics supervision and management departments of provinces, autonomous regions and municipalities directly under the central government. The term of validity of the cosmetics production license is five years. Manufacturers without a cosmetics production license shall not engage in cosmetics production."

The "hygiene license" in article 12 is amended to "cosmetics production license", and the "hygiene license of cosmetics manufacturer" in article 13, article 24, article 25, article 28 and article 29, paragraph 2 is amended to "cosmetics production license".

Article 15 is amended to: "In terms of first time imported special use cosmetics, relevant materials such as the specification, quality standards, testing methods of the cosmetics, samples and the production approval documents of the exporting country (region) must be provided by the importer. Other first time imported cosmetics shall be put on record filing according to relevant regulations.

Article 17 is amended to: "Cosmetics Supervision and Management Departments at all levels shall carry out the duties of cosmetics hygiene supervision."

Article 18 is amended to: "The Cosmetics Supervision and Management Department of the state council shall establish a cosmetics safety assessment panel including experts in fields of scientific research, medical treatment, production and health management to conduct safety assessment on special use cosmetics and cosmetics new ingredients and to conduct technical appraisal on major accidents caused by cosmetics.

Article 22 is amended to:" Cosmetics Supervision and Management and cosmetics hygiene supervisors at all levels shall not participate in the production and sale of cosmetics by means of technical consultation and technical service, and shall not supervise the manufacture of cosmetics."

Clause 1 of Article 26 is amended to: "Whoever, in violation of the provisions of these regulations, imports or sells imported cosmetics that have not been approved or inspected may be fined three to five times of their illegal earnings."

In Article 29, the "Administrative Department for Industry and Commerce" is amended to "Administrative Department for Market Supervision".

Article 34 is amended to: "The implementation rules of these regulations shall be formulated by the cosmetics supervision and management department under the state council."

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Reference:

State Council News