Takehome: Cosmetic enterprises listed on the China GAC blacklists are mandated to provide additional testing reports or qualification certificates for the re-declaration of import.
As revealed by China GAC’s risk warning notices on imported cosmetics and foods on Dec. 26, a number of foreign manufacturers, exporters, and domestic importers have been included in the “risk warning lists” (Blacklists) due to an accumulation of multiple issues or individual serious issues involving batches of products that were rejected during customs inspection because of non-compliance/safety issues.
Compared with the customs protocols imposed on general import/export enterprises, controls and surveillance are significantly increased for any listed entities. Listed companies will have to submit additional testing reports or qualification certificates during all subsequent customs inspections in Chinese ports.
Involved cosmetic enterprises and categories
The blacklists are compilations of the cosmetic enterprises that have been issued warning for non-compliance from 2015 to 2018, which encompasses 5 overseas manufacturers and 2 importers that were included in 2018 (download the whole lists of involved cosmetic entities here).
Administrative rules for imported cosmetic enterprises listed on the blacklists
According to GAC’s notices, the management on imported cosmetics with poor records (history of safety/compliance violations) shall be conducted in line with the Enforcement Rules of the Management on Imported Foods with Poor Records, which stipulates that enterprises will be subject to stringent supervision if the number of their products found violating customs compliance requirements reaches the prescribed value (see the table below). To remove their name from the blacklists an enterprise must, after initial discovery of their compliance violations, ensure they are not involved in any safety problems in the next 6 months.
The Rules were enacted by the AQSIQ and carried out by provincial CIQ departments. After institutional reform in 2018, China GAC has taken over the responsibilities previously designated to CIQ and is now responsible for the implementation of the rules and management of customs blacklist.
Table 1: Management on Imported Foods with Poor Records
|Conditions for risk alert||Management measures (Additionally required documentation for import next time)||Conditions for lifting risk alert|
|Type of non-compliant items||Varieties of products||Varieties of non-compliant items||Non-compliant batches||General conditions||Specified time (months)||Specified batches|
|Sanitary item||1||1||≥2||test report of non-compliant items||After implementing management measures:||6||5|
|1||≥2||≥4||test report of all items of the non-compliant product||12||10|
|≥2||≥2||≥8||test report of all items of all products||12||10|
|Non-sanitary item||1||1||≥3||test report/supporting materials of non-compliant items||6||5|
|1||≥2||≥6||test report/supporting materials of all items of the non-compliant product||12||10|
|≥2||≥2||≥12||test report/supporting materials of all items of all products||12||10|
|Other safety risks||test report/supporting materials of designated items of certain products.||12||10|
- Sanitary items: non-edible additives, prohibited substances, biotoxin contamination, the use of food additives being out of level, microorganism contamination, pollutant, GMO ingredients, pesticide and veterinary drug residue, irradiation
- Non-sanitary items: unqualified package, non-compliant label, quality, harmful organism, unqualified certificate, others.
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