In order to standardize the production and business activities of cosmetics, strengthen the supervision and management of cosmetics, and ensure the quality and safety of cosmetics, the Food and Drug Administration drafted the Regulations on the Supervision and Management of Cosmetics (Revised Draft for Comment) (hereinafter referred to as the draft for review) and submitted it to the State Council. In order to listen to the opinions and suggestions from all walks of life and improve the quality of legislation, the draft and explanation submitted by the Food and Drug Administration to the State Council are now published for comments. Relevant units and people from all walks of life can put forward their opinions in the following ways before August 20, 20 15:
(1) Log on to the Legal Information Network of China Municipal Government (website: omitted) and put forward opinions on the draft regulations through the consultation system on the left side of the homepage of the website.
(2) Send the comments to Beijing 2067 mailbox (postal code: abbreviated) by letter, and please indicate the words "Regulations on Cosmetics Supervision and Administration for Soliciting Opinions" on the envelope.
(3) Send the comments by e-mail to: omitted.
Legislative Affairs Office of the State Council
2065438+July 20, 2005
The revised draft was submitted for review.
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Regulations on the Supervision and Administration of Cosmetics (Revised for Draft)
Chapter I General Principles
Article 1 (Legislative Purpose) These Regulations are formulated in order to standardize the production and business activities of cosmetics, strengthen the supervision and management of cosmetics and ensure the quality and safety of cosmetics.
Article 2 (Scope of Application) The research, production, marketing, supervision and management of cosmetics in People's Republic of China (PRC) shall abide by these Regulations.
Article 3 (Definition of Cosmetics) Cosmetics as mentioned in these Regulations refer to products applied to human surfaces (skin, hair, nails, lips, etc.). ), teeth and oral mucosa, in order to achieve the purpose of cleaning, protecting, beautifying, modifying and keeping in good condition.
The State Council Food and Drug Administration has formulated and published the category catalogue of cosmetics.
Article 4 (Division of Responsibilities) the State Council Food and Drug Administration is responsible for the supervision and administration of cosmetics nationwide. The relevant departments of the State Council are responsible for the supervision and management of cosmetics within their respective responsibilities.
The food and drug supervision and administration departments of local people's governments at or above the county level shall be responsible for the supervision and administration of cosmetics within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of cosmetics within the scope of their respective duties.
Article 5 (One of the Basic Principles: Principle of Corporate Responsibility) Cosmetic producers and operators shall engage in production and business activities in accordance with the requirements of laws, regulations, standards and norms, strengthen management, be honest and self-disciplined, and ensure the quality and safety of cosmetics.
The state encourages and supports cosmetics producers and operators to adopt advanced technology and management norms to improve the quality and safety of cosmetics.
Article 6 (Basic Principle II: Principle of Industry Self-discipline) Cosmetic industry associations shall strengthen industry self-discipline, supervise and guide cosmetics producers and operators to engage in production and business activities in accordance with the requirements of laws, regulations and standards, and promote the construction of industry integrity.
Article 7 (Basic Principle 3: Social Supervision) Any organization or individual may supervise cosmetics producers and operators and report violations of these Regulations to the food and drug supervision and administration department. The food and drug supervision and administration department shall publicly expose the major illegal acts verified by the media according to law.
Chapter II Raw Materials and Products
Article 8 (Management of Raw Materials) The State applies catalogue management to cosmetic raw materials. The State Council Food and Drug Administration has formulated and published the Catalogue of Prohibited Raw Materials, Restricted Raw Materials and Permitted Raw Materials for Cosmetics. The list of allowed raw materials includes preservatives, sunscreens, colorants, hair dyes, whitening agents and other high-risk raw materials.
If the catalogue of cosmetic raw materials needs to be adjusted, the the State Council Food and Drug Administration shall announce it to the public in a timely manner, and re-publish the updated catalogue before the end of each year.
Article 9 (New Raw Materials) New raw materials for cosmetics are natural or artificial raw materials used for cosmetics for the first time in China.
New raw materials with high risks, such as new preservatives, sunscreens, colorants, hair dyes, whitening agents, etc., should be applied to the US Food and Drug Administration in the State Council by domestic cosmetics producers or agents of imported cosmetics in China, and can only be used after approval.
For new raw materials that do not fall within the scope listed in the preceding paragraph, domestic cosmetics producers or agents of imported cosmetics in China shall, within 30 working days before using new raw materials, report the relevant information of new raw materials to the US Food and Drug Administration of the State Council for filing in accordance with the Technical Requirements for Filing New Raw Materials formulated by the US Food and Drug Administration of the State Council; The State Council If the US Food and Drug Administration has any objection, it shall raise it within 30 working days after filing.
The State Council Food and Drug Administration shall, within 10 working days from the date of approval or filing of new raw materials, announce the relevant information of new raw materials to the public. Any organization or individual who has any objection may submit it to the the State Council Food and Drug Administration; If the food and drug supervision and administration department of the State Council considers that the objection is valid, it shall revoke the approval or cancel the filing, and notify the domestic cosmetics producers or the agents of imported cosmetics in China.
Article 10 (Report on the Use of New Raw Materials) After the new raw materials are approved or put on record, domestic cosmetics manufacturers or agents of imported cosmetics in China shall report the use and safety of the new raw materials to the State Council of the US Food and Drug Administration every six months within three years.
Article 11 (Classification of Cosmetics) Cosmetics are divided into ordinary cosmetics and special cosmetics.
Special cosmetics include hair dyeing, perming, whitening, sun protection and other cosmetics that the State Council, the US Food and Drug Administration, thinks need special management. Cosmetics other than special cosmetics are ordinary cosmetics.
The catalogue of special cosmetics was formulated and published by the State Council, the US Food and Drug Administration. The State Council The US Food and Drug Administration can organize experts to conduct risk assessment on the quality and safety of cosmetics and adjust the scope of special cosmetics according to the development of scientific research and monitoring of cosmetic adverse reactions.
Article 12 (Product Management Mode)
Special cosmetics can only be produced and imported after being registered in the State Council of the US Food and Drug Administration. Domestic ordinary cosmetics shall be reported to the food and drug supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record within 10 working days before production; The import of ordinary cosmetics shall be reported to the State Council of the US Food and Drug Administration for filing within 10 working days before the import. The specific measures for filing shall be formulated by the food and drug supervision and administration department of the State Council.
Article 13 (Registration of Special Cosmetics) To apply for registration of special cosmetics, the following materials shall be submitted:
(1) The name, address and contact information of the applicant;
(two) the name, address and contact information of the production enterprise;
(3) product name;
(4) product formula;
(5) National standards or enterprise standards for product implementation;
(6) product inspection report;
(seven) product safety evaluation data and safety evaluation personnel related documents;
(8) Sample product labels and instructions;
(9) Other information as prescribed by the State Council Food and Drug Administration.
Imported cosmetics also need to submit the relevant certification materials of production quality management of overseas production enterprises and the certification documents that the products have been listed and sold in the production country (region) or the country of origin (region); Specially produced for the China market, it is impossible to submit the sales certificate in the country of production (region) or the country of origin (region), and relevant research and experimental data for China consumers shall be submitted.
Article 14 (Technical Evaluation) The US Food and Drug Administration in the State Council shall, within 3 working days from the date of acceptance, submit the registration application materials to the technical evaluation institution. The technical review institution shall complete the technical review within 90 working days, submit the review opinions, and organize on-site verification when necessary.
In the process of technical review, if the applicant needs supplementary information, the applicant shall provide complete supplementary information as required; If supplementary information is not provided according to the requirements within the time limit, the technical review institution shall terminate the technical review and put forward a proposal not to register.
The time required for on-site verification and supplementary information is not included in the review time limit.
Article 15 (Examination and Approval) The the State Council of the US Food and Drug Administration shall make a decision within 20 working days from the date of receiving the examination opinions. Those who meet the requirements shall be registered and issued a special cosmetics registration certificate; If it does not meet the requirements, it shall not be registered and the reasons shall be explained in writing.
Article 16 (Validity of Registration Certificate) The validity period of the registration certificate for special-purpose cosmetics is 5 years; The transfer within the validity period must be reported to the the State Council of the US Food and Drug Administration for approval.
If the registration certificate of special cosmetics needs to be renewed upon expiration, an application for renewal of registration shall be filed six months before the expiration. Except in the circumstances specified in the third paragraph of this article, the food and drug supervision and administration department of the State Council shall make a decision to approve the renewal before the expiration of the registration certificate of special cosmetics. If no decision is made within the time limit, it shall be deemed as approval.
In any of the following circumstances, the registration shall not be renewed:
(1) Failing to apply for renewal of registration within the prescribed time limit;
(2) The mandatory standards and specifications for cosmetics have been revised, and the cosmetics applying for renewal of registration cannot meet the requirements;
(three) the raw materials, formula, production technology, use methods and other contents related to product safety have changed;
(four) there are other circumstances that affect the quality and safety of products.
Article 17 (Filing of Ordinary Cosmetics) The filing information of ordinary cosmetics includes:
(1) The name, address and contact information of the applicant;
(two) the name, address and contact information of the production enterprise;
(3) product name;
(4) All components of the product;
(5) National standards or enterprise standards for product implementation;
(6) product inspection report;
(seven) product safety evaluation data and safety evaluation personnel related documents;
(8) Sample product labels and instructions;
(9) Other contents stipulated by the State Council Food and Drug Administration.
Imported cosmetics also need to submit the relevant certification materials of production quality management of overseas production enterprises and the certification documents that the products have been listed and sold in the production country (region) or the country of origin (region); Specially produced for the China market, it is impossible to submit the sales certificate in the country of production (region) or the country of origin (region), and relevant research and experimental data for China consumers shall be submitted.
The food and drug supervision and administration department that accepts the filing shall supervise and inspect the filing in accordance with the provisions.
Article 18 (Safety Evaluation) Applicants and applicants for cosmetic registration shall, in accordance with the regulations of the State Council of the US Food and Drug Administration, designate a special person or entrust an independent third party agency to conduct cosmetic safety evaluation.
Safety assessors should have relevant professional knowledge in medicine, pharmacy, chemistry or toxicology, and have more than 5 years of relevant professional experience.
Article 19 (Applicant and Filing Person) Applicants and filing persons for cosmetics registration shall be responsible for the authenticity, scientificity and compliance of relevant materials.
Overseas enterprises that export cosmetics to China shall be represented by their representative offices established in China or legal persons designated in China, register their products or put them on the market, cooperate with overseas enterprises to carry out monitoring of cosmetic adverse reactions and recall of defective products, and bear corresponding responsibilities for cosmetic quality and safety according to law.
Article 20 (Disclosure of Registration and Filing Information) The the State Council Food and Drug Administration and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall announce the registration or filing information of cosmetics to the public within 10 working days from the date of registration of special cosmetics or filing of ordinary cosmetics.
Article 2 1-omitting article 79.
Explanation of revised draft
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Explanation of China Food and Drug Administration on the Regulations on the Supervision and Administration of Cosmetics (Draft for Review)
The Regulations on Cosmetic Hygiene Supervision (Revised) is the legislative work plan of the State Council in 20 13, 20 14 and 20 15 years. China Food and Drug Administration (hereinafter referred to as the General Administration) has completed the drafting of the Regulations on the Supervision and Administration of Cosmetics (Revised Draft for Comment) after careful study, in-depth demonstration, extensive investigation and repeated revision. The relevant information is as follows:
First, the necessity of revision.
Cosmetics refer to products applied to human surfaces (skin, hair, nails, lips, etc.). ), teeth and oral mucosa are cleaned, protected, beautified, modified and kept in good condition by rubbing, spraying or other similar methods.
Cosmetics are characterized by being mostly used on the body surface, mild in effect, less absorbed by the human body and less likely to cause serious harm to the human body. However, most of them are used by healthy people to beautify their appearance, which is different from the concept of "risk-benefit ratio" of drugs and medical devices used to save lives. It requires high product safety and has zero tolerance for risks. Cosmetics are fast-moving consumer goods, with strong seasonality and fashion, many varieties, small batch and fast sales cycle. Formulas and labels are frequently adjusted according to market demand. At present, there are about 4,000 cosmetics manufacturers in China, and small and medium-sized enterprises account for about 90%, but their market share is less than 20%. These characteristics determine that we should not only strictly control the safety of cosmetics to reduce safety risks, but also manage our own work and leave room for the innovation and development of enterprises.
The current Regulations on Cosmetic Hygiene Supervision (hereinafter referred to as the Regulations) was promulgated on 1989 and implemented on 1990. Over the past 25 years, the Regulations have played an active role in regulating the production and operation of cosmetics and strengthening the supervision of cosmetics. However, with the rapid development of economy, society and cosmetics industry, the demand for cosmetics consumption is growing rapidly, and new raw materials and technologies are emerging one after another. The current regulations can no longer meet the needs. The main problems are as follows:
First, the legislative concept does not meet the needs of the development of the situation. The current "Regulations" emphasize prior approval and government supervision, and fail to give full play to the role of the market mechanism, which is incompatible with the new requirements of the CPC Central Committee and the State Council, the needs of industrial upgrading and international trends. Cosmetics, as a fashion product, are closely related to consumers in terms of their normal performance and practical efficacy, besides hygiene and physical and chemical indicators. With the development of science and technology, the possible impact of the use of new raw materials, including nano-materials, on human health needs further evaluation, and the traditional concept of "health supervision" can no longer meet the needs of protecting consumers' health.
Second, the management method is difficult to meet the actual needs. The current "Regulations" have relatively few means of supervision, extensive legal responsibilities, and weak crackdown on illegal acts. The risk management system with enterprises as the main body, product raw materials and efficacy declaration management, GMP requirements in the production process and traceability in the operation process as the core has not been established, and there is a lack of industry self-discipline requirements and social participation channels, which makes it difficult to meet the actual needs of regulating the order of cosmetics production and operation.
Third, the regulatory system lags behind the actual reform. In 2008 and 20 13, two government institutional reforms, the State Council put the cosmetic hygiene supervision function of the health administrative department and the cosmetic production administrative license and compulsory inspection function of the quality supervision department into the food and drug supervision department respectively, and the food and drug supervision department conducted unified supervision on the quality and hygiene of cosmetics. The management system of sanitary supervision of cosmetics by the health administrative department stipulated in the current "Regulations" has long been inconsistent with reality.
Second, the general idea of revision
The "Regulations" revised and implemented the spirit of the 18th National Congress of the Communist Party of China and the Third and Fourth Plenary Sessions of the 18th Central Committee, fulfilled the requirements of the transformation of government functions, was problem-oriented, based on risk management, driven by innovation, set out from the national conditions, based on the characteristics of cosmetics and the reality of the industry, learned from international experience, paid attention to the decisive role of the market in resource allocation, and established a scientific and efficient cosmetics supervision and management system.
The general idea of the revision of the "Regulations" is to simplify administration and decentralize power, appropriately reduce prior permission and strengthen supervision after the event; The second is classified management, which scientifically designs the classified management system of raw materials, products and enterprises according to the degree of risk; The third is to improve the system and strengthen the main responsibility of enterprises; The fourth is to advocate social governance and give full play to the role of various departments and all walks of life.
Third, the main contents of the revision
There are 7 chapters and 79 articles in the draft, including general principles, raw materials and products, production and operation, labels and advertisements, supervision and management, legal responsibilities and supplementary provisions. Submit the manuscript to fulfill the requirements of the transformation of government functions. The existing five administrative licenses, namely, approval of new raw materials, approval of domestic special-purpose cosmetics, approval of first-time imported cosmetics (including special-purpose and non-special-purpose cosmetics), hygiene license of cosmetics production enterprises and cosmetics production license, are cancelled, and the hygiene license and production license of production enterprises are combined into one, narrowing the scope of two administrative licenses of new raw materials and special-purpose cosmetics, and managing them according to cosmetics research and development, production, operation and post-marketing. The main contents include:
(a) the raw material management system combining catalog management with approval and filing.
1. Raw materials shall be subject to catalog management. With reference to international experience, the catalogue management of cosmetic raw materials shall be implemented, and the catalogue of prohibited raw materials, restricted raw materials and permitted raw materials for cosmetics shall be formulated by the General Administration respectively (Article 8).
2. New raw materials shall be subject to examination and approval and filing management. The current "Regulations" stipulate that all new raw materials must be approved before use. According to the degree of risk, the manuscript will examine and approve high-risk raw materials such as preservatives, sunscreens, colorants, hair dyes and whitening agents, and other new raw materials can be reported to the State Administration for the record. At the same time, it is clear that enterprises should regularly report the use and safety status of new raw materials as required (Articles 9 and 10).
(two) product classification management system with safety evaluation and efficacy declaration as the core.
1. Adjust the names and scope of general cosmetics and special cosmetics according to the product safety risks. Considering that the original names of "special cosmetics" and "non-special cosmetics" are not completely consistent with the classification management according to product risk, they are modified to "special cosmetics" and "ordinary cosmetics" respectively. While continuing the registration of special cosmetics and the filing management of ordinary cosmetics, the original nine categories of special cosmetics will be reduced to those that need special management, such as hair dyeing, perming, whitening and sun protection, and the other five categories of special cosmetics, such as hair care, hair removal, breast enhancement, bodybuilding and deodorization, will be cancelled or transferred to the management of drugs or ordinary cosmetics according to regulatory needs. The draft stipulates that the General Administration may dynamically adjust the scope of special cosmetics according to the risk assessment (Article 11).
2. Increase safety assessment requirements. Draw lessons from the practice of the European Union, strengthen the safety evaluation of products before listing, and stipulate that applicants and applicants should conduct cosmetic safety evaluation (Article 18); Product safety evaluation data must be submitted when cosmetics are registered (Articles 13 and 17).
3. Standardize efficacy claim management. Cosmetics usually claim efficacy for marketing purposes, but the current Regulations lack relevant management regulations. Because cosmetic efficacy claims are closely related to the protection of consumers' rights and interests, the United States, the European Union, Japan and other developed countries and regions have carried out strict supervision on this. Referring to international experience, the draft for review stipulates that cosmetic efficacy claims should have sufficient scientific basis, and enterprises should be responsible for efficacy claims, and should disclose relevant documents, research data or efficacy verification materials on designated websites and accept social supervision (Article 44).
(3) Responsibility system for quality and safety with producers as the main body.
At present, the registration management of cosmetics adopts the system that the holder of registration certificate can be separated from the actual producer. The product registration certificate indicates "production enterprise" and "actual production enterprise". A "production enterprise" is the holder of a registration certificate and may not have a production license. The "actual production enterprise" is a product processing place and must be an enterprise with a production license. The draft confirmed this point, and on this basis, the qualifications of registrants and filers of domestic cosmetics are no longer limited, but relaxed to natural persons and research institutions, and the product registration certificate can be transferred (Articles 16 and 19). At the same time, it is clear that cosmetics producers put their products on the market in their own name and bear the main responsibility for product quality and safety (Article 22), and stipulate the obligations of producers in production behavior and quality and safety management (Article 32), adverse reaction monitoring (Article 53) and defective product recall (Article 38). Producers may obtain cosmetics production licenses by themselves or entrust enterprises that have obtained cosmetics production licenses to produce cosmetics (Article 23); If the production acts are illegal or the products produced do not meet the requirements of laws and regulations, both the entrusting party and the entrusted party shall be punished according to regulations (Article 65). When an overseas enterprise exports cosmetics to China, it shall entrust its representative office in China or an enterprise legal person in China as an agent, and bear corresponding responsibilities for cosmetics quality and safety according to law (Article 19).
(four) the production and operation management system based on post-event management.
1. Strengthen production management with production license and GMP as the starting point. First, implement the "three decisions" of the General Administration, and integrate the cosmetics production license issued by the original quality supervision department and the hygiene license issued by the original food and drug supervision department into one cosmetics production license (Article 23). The second is to determine the legal status of the "Quality Management Standards for Cosmetic Production" and replace the "Hygienic Standards for Cosmetic Production Enterprises" formulated by the former Ministry of Health (Article 26). The specific content of GMP is basically consistent with the health standard, but it will focus on improving the "software" requirements such as enterprise management and process control. The third is to strengthen the responsibility of the responsible person in the production process, and explicitly require the production enterprise to designate the person in charge of quality and safety to be responsible for product quality and safety management and product ex-factory release (Article 29). Fourth, strict enterprise self-management obligations require the establishment of an annual self-inspection report system for GMP implementation. If the production conditions no longer meet GMP requirements, corrective measures shall be taken immediately (Article 3 1).
2. Strengthen management with the focus on traceability. It stipulates the obligations of operators, such as incoming goods inspection, obtaining certificates and tickets, proper storage and transportation. To ensure the integrity of the supervision chain and the traceability of products, specific requirements are put forward for the promoters of centralized trading markets and providers of third-party platforms for online trading (Articles 34 to 37), and beauty salons and hotels that use cosmetics in their business services or provide cosmetics for consumers are included in the management of operators (Article 33), forming full supervision coverage.
3. Improve post-marketing management based on risk assessment. Improve the adverse reaction monitoring system (Articles 53 and 54), establish a product withdrawal mechanism such as non-renewal registration of unqualified products (Article 16), and increase risk control measures such as recall of defective products and emergency handling of quality and safety accidents (Articles 38, 39 and 55).
(5) Strengthen inspection and random inspection, and take various measures to build a complete supervision and management system.
First, strengthen the power of supervision and inspection, standardize the measures, requirements and results of supervision and inspection (Articles 46 to 48), and clarify the power of on-site inspection of overseas production enterprises (Article 56). The second is to improve the supervision and sampling system (Articles 49 to 52). The third is to strengthen information disclosure and credit supervision (Article 57). Fourth, strengthen social governance, give play to the role of self-discipline, social supervision, award-winning reporting and expert consultation system of trade associations, and improve the effectiveness of supervision (Articles 6, 7, 58 and 59).
(6) A legal liability system with equal emphasis on authority and operability.
First, increase the punishment for illegal acts of producers and operators, investigate criminal responsibility for acts that constitute crimes according to law, and give administrative penalties at the same time (Article 60); The base of the fine was adjusted from the illegal income to the value of the goods, and the minimum fine was stipulated. Second, the setting of legal responsibility covers all kinds of illegal situations and regulates the discretion of law enforcement. The third is to enrich the types of punishment and set up qualification penalties for illegal production operators, inspection agencies and related responsible personnel. The fourth is to improve the punishment system. In addition to punishing the illegal acts of the enterprise, the person in charge of the natural person, the person in charge of quality and safety, and the safety evaluator of the enterprise may be fined (Articles 62 to 64 and 66), and the illegal acts of entrusting production by both the entrusting party and the entrusted party shall be punished (Article 65). For operators who have not violated the regulations on the quality and safety management of cosmetics, an exemption clause is set (Article 70).
Fourth, several key issues
(1) Whether oral care products are included in the definition of cosmetics.
Before the function adjustment, AQSIQ included toothpaste as cosmetics in the production license and import and export inspection management of industrial products. Toothpaste and other oral care products are mainly used for cleaning and beauty, which conforms to the definition of cosmetics. The United States, the European Union, Japan and other countries and regions have incorporated oral care products into cosmetics management. In order to maintain the convergence of work, referring to international practice, the definition of cosmetics was clarified when the regulations were revised, including oral care products. In the process of soliciting opinions, some industry organizations and related production enterprises raised objections to this. The reasons are as follows: First, the relevant standards and industry management norms of oral care products are relatively mature and have developed well in recent years; Second, at present, the state does not implement registration or filing management for oral care products, and products can freely enter the market as long as they meet relevant regulations; Third, products such as toothpaste have always been allowed to claim medical terms such as caries prevention and bacteriostasis. The former Ministry of Health also issued a series of efficacy evaluation standards for toothpaste, and many domestic toothpaste formulas contain Chinese herbal medicines. These aspects are not completely consistent with the management of cosmetics.
The draft explicitly lists oral care products as cosmetics (Article 3). However, considering the characteristics of toothpaste and other products, we should maintain appropriate flexibility while standardizing its efficacy claims. This will be reflected in the subsequent specific policy formulation.
(2) About label management.
During the revision process, it was suggested that imported products should not be labeled in Chinese by pasting. The main reasons are as follows: first, the phenomenon that illegal operators illegally change the shelf life of products by pasting or modifying is more prominent; Second, the requirements for cosmetic labels at home and abroad are not exactly the same, and the contents marked in foreign languages may be inconsistent with those marked in Chinese (for example, China stipulates that the maximum sun protection index is 30, but some countries and regions allow it to be marked as 50; The original packaging of some imported products contains "medicine" and "medicine" prohibited by Chinese laws and regulations, which is easy to mislead consumers, and some of them still have certain security risks. In this regard, foreign-funded enterprises reacted strongly, thinking that it was to set up trade barriers and increase the burden on enterprises.
It is understood that no other country in the world explicitly prohibits the labeling of imported cosmetics. Referring to international practice, the draft does not prohibit the labeling of imported products, but regulates the labeling behavior and content, stipulating that the minimum sales unit of cosmetics and the packaging that directly touches cosmetics should be labeled; If imported cosmetics are marked in Chinese on foreign language labels, the marking process shall conform to the requirements of the "Quality Management Standards for Cosmetic Production" and shall be explained in the product registration or filing materials; The label shall use standardized Chinese characters, and if other characters are used at the same time, the labeling content shall be consistent with the labeling content of standardized Chinese characters (Article 41).