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China GAC Updates Cosmetic Importer Blacklist

  •   4 Jan 2019
  •    Winnie Xu
  •  1193
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    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 alertManagement measures (Additionally required documentation for import next time)Conditions for lifting risk alert
    Type of non-compliant itemsVarieties of productsVarieties of non-compliant itemsNon-compliant batchesGeneral conditionsSpecified time (months)Specified batches
    Sanitary item11≥2test report of non-compliant itemsAfter implementing management measures:

    1. No quality and safety problems occurred;
    2. The implementation time should  not be less than the specified time;
    3. The import batches shall not be less than the specified batches.
    1≥2≥4test report of all items of the non-compliant product1210
    ≥2≥2≥8test report of all items of all products1210
    Non-sanitary item11≥3test report/supporting materials of non-compliant items65
    1≥2≥6test report/supporting materials of all items of the non-compliant product1210
    ≥2≥2≥12test report/supporting materials of all items of all products1210
    Other safety riskstest report/supporting materials of designated items of certain products.1210


    • 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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    ChemLinked Editor

    She has expertise in China cosmetic regulations especially in CBEC, cosmetic registration/filing compliance requirements.

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