Cosmetic Compliance
Intelligence & Solutions
South Korea Quasi-Drug Regulation
Dec 22, 2023
Lorraine Li
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CONTENTS

Quasi-drug is a special part of Korean consumer goods. Toothpastes, deodorant and many other personal care products are cosmetics in China, the U.S, and other countries, though, they belong to quasi-drug in South Korea. 

Different from cosmetics, premarket review is required for quasi-drug products. Enterprises must obtain a product permission or notification from the Ministry of Food and Drug Safety (MFDS) for the product before importation or distribution. Therefore, product compliance is significant for enterprises targeting the Korean market. 

Note, that cosmentics with efficacies such as sun blocks, anti-aging creams, are defined as functional cosmetics in South Korea. 


Chapter 1. Regulatory Framework and Competent Authority

1.1 Existing Main Quasi-Drug Regulations in South Korea

The regulations related to the quasi-drug industry in South Korea are:

Laws and RegulationsEffective DateStatus
Pharmaceutical Affairs Act (약사법)Jul. 21, 2023In force
Enforcement Decree of Pharmaceutical Affairs Act(약사법 시행령)Jun. 5, 2023In force
Decree on Facility Standards for Manufacturing Business and Importers of Drugs (의약품 등의 제조업 및 수입자의 시설기준령)Oct. 19, 2021In force
Enforcement Rule of Decree on Facility Standards for Manufacturing Business and Importers of Drugs (의약품 등의 제조업 및 수입자의 시설기준령 시행규칙) Nov. 19, 2021In force
Regulations on Safety of Drugs, etc. (의약품 등의 안전에 관한 규칙)Jun. 8, 2023In force
Designation of Quasi-Drug Scope (의약외품 범위지정)Jun.1, 2020In force
Regulations for Permission, Notification, and Examination of Quasi-Drugs (의약외품 품목허가·신고·심사 규정)Jan. 31, 2024In force
Manufacturing Standard of Quasi-Drug (의약외품 표준제조기준)Jun. 14, 2023In force
Standards and Test Methods for Quasi-Drugs (의약외품에 관한 기준 및 시험방법)Jun. 16, 2022In force
Regulation related to Fee for Quasi-Drug Permission, etc. (의약품 등의 허가 등에 관한 수수료 규정)May 30, 2023In force
Designation, Standard and Test Methods of Tar Coloring for Quasi-Drugs (의약품등의 타르색소 지정과 기준 및 시험방법)Aug. 23, 2016In force
Regulation related to Re-evaluation on Quasi-Drugs (의약외품 재평가 실시에 관한 규정)Jul. 28, 2019In force
Korean Pharmacopoeia (대한민국약전) Sep. 10, 2023In force
Regulation related to Category Number of Quasi-Drug (의약외품 분류번호에 관한 규정)Jul. 28, 2023In force
Standards of Safety Tests for Quasi-Drugs (의약품등의 안정성시험기준)Jul. 28, 2023In force
Standards of Toxicity Test for Quasi-Drugs (의약품등의 독성시험기준)Mar. 2, 2022In force
Regulation related to Quasi-Drug Labeling (의약외품 표시에 관한 규정)Sep. 21, 2023Draft
Regulation related to Quasi-Drug Manufacturing and Quality Management (의약외품 제조 및 품질관리에 관한 규정)Sep. 26, 2023In force

The Korean authority also issued guidelines to help enterprises better conduct quasi-drug business. The guidelines include:

Guidelines related to standards and test methods

Guidelines on Establishing Test Items When Preparing Standards and Test Methods for Quasi-Drugs (의약외품 기준 및 시험방법 작성 시 시험항목 설정을 위한 가이드라인) 

Guidelines for Standards of Health Care Face Mask (보건용 마스크의 기준 규격에 대한 가이드라인) 

Guidelines for the Evaluating Sterilized Quasi-Drugs (멸균 의약외품의 평가 가이드라인) 

Guidelines for Measuring the Hazards of Tobacco Cessation Products (궐련형 흡연욕구저하제의 위해성분 측정법 가이드라인)

Guidelines for Quasi-Drugs Manufacture and Good Manufacture Practice (GMP) 의약외품 제조 및 품질관리기준 (GMP) 가이던스 

Guidelines related to efficacy

Guidelines for Evaluating Mosquito Repellent Effectiveness (모기기피제 효력평가법 가이드라인) 

Guidelines for Evaluating Tick Repellent Effectiveness (진드기기피제 효력시험법 가이드라인) 

Guidelines for Evaluating Contact Lens Care Product Effectiveness (콘택트렌즈 관리용품 효력평가법 가이드라인) 

Guidelines for Evaluating Topical Disinfectants Effectiveness (외용소독제 효력평가법 가이드라인) 

Guidelines for Evaluating Tooth Whiteners Effectiveness (의약외품 치아미백제 효력시험법 가이드라인) 

Others

Guidelines for Setting Quasi-Drug Product’s Name (의약외품 제품명 작성 안내서) 

Guidelines for Displaying Codes for Braille and Audio/Visual Language Transcription of Quasi-Drugs (의약외품 점자 및 음성·수어영상변환용 코드 표시 가이드라인) 

1.2 Competent Authority

In South Korea, MFDS takes the overall management of quasi-drugs, including standard establishment, product licensing, business registration, etc. 

Korea Pharmaceutical Traders Association (KPTA), although not a governmental organization, is also an important regulatory organizations for quasi-drug in South Korea. Each time before export, the enterprise should submit an "entry notice of imported products (표준통관 예정보고)" to KPTA. KPTA will pre-evaluate the products and issue approval to the compliant products. 

Chapter 2. Quasi-Drug Products

2.1. Definition of Quasi-Drug Products

According to the Pharmaceutical Affairs Act, the term "quasi-drug (의약외품)" refers to any of the following:

(a) Fibers, rubber products, or similar products used for treatment, alleviation, care, or prevention of human or animal diseases;

(b) Non-appliance, non-machinery, or similar articles that have insignificant influences on or do not directly act upon human bodies;

(c) Preparations for sterilization, insecticide, and other similar uses to prevent infectious diseases.

2.2. Classification of Quasi-Drug Products

Quasi-drugs can be divided into three groups parts according to the above-mentioned definition. And the Designation of Quasi-Drug Scope further details the specific items: 

a

Sanitary products (menstrual pads, tampons, and menstrual cups), Masks (surgical, medical, and respiratory masks), Materials for wound preservation, protection, and treatment (eye patches, bandages, gauze, degreasing cotton, splints, etc.)

b

Oral antiseptics, Antiperspirants, Toothpaste, Prickly heat and impetigo medicines, Mosquito repellents, Contact lens care products, Smoking cessation aids/Smoking habit improvement aids, Topical disinfectants, Ointment, Cataplasma, Spray for pain relief, Low-dose vitamin and mineral preparations, Nutrient tonics (liquid), Digestants (liquid) and antidiarrheals (solid), Root canal cleanser and disinfectant, Topical solution or acid solution for correcting thumb sucking habits of infants and young children, Snoring reducing agent, Tooth whitening agent, Denture and orthodontic appliance disinfectant, Tooth/gingival staining agent for diagnostic purposes

c

Non-adhesive pads or sponges for wound exudate absorption, Sterilized cotton swabs, Sterilized gloves, Wet tissues for oral hygiene, Tooth manicure, Portable oxygen, Maternity pads

2.3. General Safety Requirements for Quasi-Drugs

2.3.1. Permission and notification for quasi-drug

Permission and notification are important for quasi-drugs. Enterprises intending to import to or sell quasi-drugs in South Korea, must obtain a permission or notification from MFDS before conducting the quasi-drug business. 

Products subject to notification and permission are as below:

Quasi-drugs subject to notification

(Enterprises need to apply for the notification to the Regional Food and Drug Administration 

  1. Items that are listed in the Korean Pharmacopoeia or pharmaceutical reference books recognized by MFDS, except for products not approved for use in South Korea

  2. Items whose standards and testing methods have been noticed by MFDS

  3. Items that comply with the manufacturing standards noticed by MFDS

Quasi-drugs subject to permission

(Enterprises need to apply for the permission to MFDS)

  1. Products subject to safety and efficacy evaluation

  2. Products with new additives

  3. Inhalants with new additives

  4. Oxygen and air preparations (excluding preparations only composed of oxygen listed in the Korean Pharmacopoeia or pharmaceutical reference books)

  5. Mosquito and tick repellents applied to the human body (excluding quasi-drugs that comply with the Manufacturing Standard of Quasi-Drug

  6. Electronic smoking cessation aids

Quasi-drugs subject to permission

(Enterprises need to apply for permission to the Regional Food and Drug Administration

  1. Products that have the same effective ingredients, specifications, quantities (or concentration in the case of liquid), form, efficacy and effect, as well as usage and dosage as of the permitted quasi-drugs not subject to safety and efficacy evaluation

  2. Preparations composed only of oxygen listed in the Korean Pharmacopoeia or pharmaceutical reference books

To apply for the quasi-drug permission or notification, enterprises shall submit an application letter along with the following documents:

Documents for notification application

(1) Documents that can prove the product is subject to notification

(2) Data on standards and testing methods

Documents for permission application

(1) Safety and efficacy data (for product subject to safety and efficacy evaluation):

1) Information on the origin, discovery, and development

2) Data related to standards and testing methods

3) Data related to stability (long-term preservation test data or accelerated test data)

4) Data related to toxicity

    a. Single dose toxicity test data

    b. Repeated dose toxicity test data

    c. Reproductive and developmental toxicity test data

    d. Genotoxicity test data

    e. Immunotoxicity test data (including skin sensitization test data)

    f. Carcinogenicity test data

    g. Local toxicity test data

5) Data that can demonstrate the product’s efficacy and effect

6) Data on usage status in foreign countries

7) Data related to other characteristics, including comparative review with similar domestic products

(2) Standards and testing methods data:

1) Information on origin, discovery, and development

2) Data related to structural determination, physicochemical properties, and biological properties (quality data)

    a. Data related to raw materials

    b. Data related to finished products

3) Data on foreign usage status

4) Data related to comparative review with similar domestic products and characteristic

Documents for both situations

  • For imported products, the manufacture certificate and sales certificate for the product should be submitted. (Certificates should be the ones issued within two years after the application date).

  • For oral solid and liquid preparations, as well as topical ointments and cataplasms that comply with Manufacturing Standard of Quasi-Drug, data necessary for evaluation of pharmaceutical manufacturing and quality control standards should be submitted.

MFDS will review the docusments and officially publish the result. The permitted or declared quasi-drugs can be found via the Korean pharmacy online portal hereThe review period may vary for different products, ranging from 10 to 70 days. 

2.3.2. Product standards

The standards for each quasi-drug product are specified under the Manufacturing Standard of Quasi-Drug. This regulation details the effective ingredients, ingredient’s specifications and maximum amounts in the product, product’s efficacy, product daily intakes, precautions for use, storage method, and expiration date.

2.3.3. Tar coloring

The Designation, Standard and Test Methods of Tar Coloring for Quasi-Drugs outlines the tar pigments can be used both in medicines and quasi-drugs, including the scope and standards for:

  • Tar coloring for internal use;

  • Tar coloring for external use including mucous membranes;

  • Tar coloring for external use excluding mucous membranes;

  • Color lakes.

Besides, according to the regulation, the tar coloring used in quasi-drugs for internal use should be 0.1% or less of the total raw materials. In addition, for liquid internal preparations, the tar coloring should not exceed the specified daily allowable amount. 

2.3.4. Label requirements 

The manufacturers and importers shall include the following items on the containers or packaging of quasi-drugs:

  1. Name of the quasi-drug;

  2. Name and address of the manufacturer or importer;

  3. Capacity or weight;

  4. Manufacturing number and expiration date;

  5. Names of all ingredients listed in the permission letter or the notification letter;

  6. For quasi-drugs for special consumers such as the elder, children, or pregnant women, the storage method and other matters prescribed by the product’s standards should also be placed on the container or packaging;

  7. The words "의약외품(quasi-drug)";

  8. Other matters prescribed by Prime Ministerial Decree, including:

  • Efficacy and effectiveness

  • Usage and dosage

  • Precautions for use

  • For animal-derived ingredients (including additives), the name of the ingredient, the animal of origin, and the used parts shall also be indicated (except for empty capsules and other products that are not likely to be infected with bovine spongiform encephalopathy due to their manufacturing processes)

  • The name and address of the manufacturer should be indicated if all manufacturing processes are outsourced, or all processes other than raw material weighing and packaging processes are outsourced

  • Name and address of the manufacturer in the country of production if the product is imported or imported for subdivision

  • For smoking cessation aids, warning statements, and specific ingredients such as tar and carbon monoxide should be indicated.

  • Name of tar coloring if used

2.4. Registration for Quasi-Drug Manufacture and Import Business

Enterprises intending to manufacture or import quasi-drugs to South Korea shall apply for business registration with the Medical Safety Management Division of the relevant Regional Food and Drug Administration. 

Dossiers for quasi-drug manufacture business registration include:

  1. Application form for quasi-drugs manufacture;

  2. Medical certificate from a doctor certifying that the representative is not a mentally ill person or addicted to narcotics, cannabis, or antipsychotic drugs (issued within three months);

  3. Documents related to the certified Manufacturing Management Specialist;

  4. Application form for the permission (or notification) of quasi-drug manufacture and selling;

  5. Business registration certificate and corporate registration certificate (only required for corporations);

  6. Copy of the building management ledger and lease contract;

  7. Floor plan;

  8. List of manufacturing and quality control facilities and equipment;

  9. A copy of commission contract for testing (only in the case of commissioned tests).

Dossiers for quasi-drug import business registration include:

  1. Application form for quasi-drugs import;

  2. Medical certificate from a doctor certifying that the representative is not a mentally ill person or addicted to narcotics, cannabis, or antipsychotic drugs (issued within three months);

  3. Documents related to the certified Import Management Specialist;

  4. Application form for permission (or notification) for quasi-drug import;

  5. Business registration certificate and corporate registration certificate (for corporations only);

  6. Copy of the building management ledger and lease contract;

  7. Floor plan;

  8. List of quality control facilities and equipment;

  9. A copy of commission contract for testing (only in the case of commissioned tests).

Chapter 3. Export Procedure

As mentioned above, only enterprises that have finished the import business registration can import quasi-drugs to South Korea. Besides, the importer also needs to have:

  • Facilities: Business place and warehouse, testing laboratory (can be commissioned to a quality inspection agency)

  • Personnel: At least one import manager and one safety management officer

  • Product permission (or notification): at least one quasi-drug permission (or notification). 

For each import, the importer should apply for an “entry notice of imported products (표준통관 예정보고)" to KPTA. After getting confirmation of compliance from KPTA, the customs clearance can be proceeded. 

korea-quasi-drug-import-procedure.jpg

(Procedure of Quasi-drug Import, Click to zoom in) 

Dossiers for import notification are: 

For the first-time import:

Business registration certificate

Registration certificate for quasi-drug import business

Quasi-drug permission (or notification) certificate

Quasi-drug product manufacture business approval or quality inspection outsourcing contract

BSE-related documents (if applicable)

CITES-related documents (if applicable)

Invoice and packing list

Notification letter from MFDS regarding the overseas manufacturing plant registration of the relevant product manufacturer

For repeated imports:

Copy of the quasi-drug permission (or notification) certificate in case of changes in matters related to import business or product

Trade documents (if necessary)

BSE-related documents (if applicable)

CITES-related  documents (if applicable)

Documents confirming that the imported product is compliant, such like initial inspection results report (to be submitted only for the first inspection).

Chapter 4. Standards for Hot Products

4.1 Tooth Paste 

Toothpastes refer to products intended to whiten and strengthen teeth, provide oral hygiene, and prevent diseases of the teeth, gums, and oral cavity. They can be made in the forms of pastes, liquids, gels, and acids. 

Effective substances used in toothpastes include:

Item

Substances

Usage Limits or Concentrations (%)

I

Sodium Monofluorophosphate

Sodium Fluoride

Stannous Fluoride

N,N,N'-tris-(2-hydroxyethyl)-N'-octadecyl-1,3-diaminopropane  dihydrofluoride

0.76

0.22

0.4

1.31

(Total amount of fluorides shall be less than 1,000ppm)

II

Calcium glycerophosphate

0.13

III

Sodium Chloride

Tocopherol Acetate

Pyridoxin Hydrochloride

Allantoin

Aluminium Chlorohydroxy Allantoinate

Tranexamic Acid

Aminocaproic Acid

0.5 ~ 10.0

0.01 ~ 1.0

0.02 ~ 0.06

0.01 ~ 2.0

0.001 ~ 0.3

0.05

0.001 ~ 0.2

IV

Sodium Pyrophosphate

0.1 ~ 3.4

V

Dibasic Calcium Phosphated·2H2O

Dibasic Calcium Phosphate

Precipitated Calcium Carbonate

Calcium Carbonate

Tribasic Calcium Phosphate

Colloidal Silicon Dioxide

Silicon Dioxide

Calcium Phosphate

Hydrated silicon dioxide

Dental type silica

48.0

15.0

42.0

50.0

32.0

15.0

20.0

31.0

19.0

20.0

*If Precipitated Calcium Carbonate and Calcium Carbonate are formulated together, the total amount shall not exceed 65.0%.

General efficacies of toothpastes are "keeping tooth white and strong; keeping mouth clean; freshening breath; preventing tooth decay and eliminating bad breath; and enhancing beautification”. For toothpastes with special efficacies such as "prevention of gingivitis, periodontitis, periodontal disease, and gum disease”, they shall include at least one effective substance as listed below:

Prevention of gingivitis and periodontitis,

Prevention of periodontal disease,

Prevention of gum disease

Effective substances listed in Item III

Preventing tartar build-up

Effective substances listed in Item Ⅳ

Remove plaque

Effective substances listed in ItemⅤ

4.2 Tooth whitener

Tooth whitener refers to gel products applied to tooth to whiten them. Hydrogen peroxide water is the only effective substance used in tooth whitener, with an amount of 35% or 8.57g/100g.


Updates

As revealed in the Hygiene Products Management Act on September 26th, 2023, toothbrushes, dental floss, and other oral hygiene products manufactured to ensure oral hygiene, and to promote and maintain oral health, are added to the category of hygiene products.


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