China Proposes to Amend Administrative Measures on Inspection of Imported and Exported Cosmetics

Background

Administrative Measures on Inspection and Quarantine of Imported and Exported Cosmetics (Measures) was passed in 2011 and took effect on February 1, 2012. In March 2018, China underwent large-scale institutional reforms. To adapt to the post-reform regulatory framework, the Measures were revised three times in April, May, and November 2018 in accordance with General Administration of Customs of the People's Republic of China (GACC) Orders No. 238, No. 240, and No. 243.

On May 23, 2024, GACC released an amended draft Supervision and Administration Measures on Inspection of Imported and Exported Cosmetics and opened it for public comments until June 22. ¹ Feedback can be submitted to [email protected].

The Measures aims to strengthen the supervision and management of imported and exported cosmetic inspections, ensuring their quality and safety. Compared to the current 2018 version, key revisions related to imported cosmetics include (revised content marked in red):

1. Further clarifying the Measures’ applicable scope

1. The following parties must comply with the Measures:

Entities engaged in the production and operation activities of imported and exported cosmetics;
GACC's supervision and management of manufacturers, operators, and the quality & safety of imported & exported cosmetics.

2. Regarding specific products:

Toothpaste shall be managed with reference to the Measures and other relevant regulations;
Soaps with claim of having special cosmetic efficacies (e.g. whitening soaps) are covered under the Measures, but other soaps are not.

3. The following activities are subject to other GACC regulations, with the Measures only serving as a reference:

Inspection, supervision, and management of imported & exported cosmetics in special customs areas, in bonded areas, during market procurement, during border trade, etc.
Inspection, supervision, and management of 1) imported & exported cosmetics for personal use via mail, express mail, or cross-border e-commerce 2) imported & exported cosmetics for personal use through carrying by passengers 3) other imported & exported cosmetics not specifically listed in the Measures.

2. Strengthening quality and safety responsibilities of cosmetics manufacturers and operators

1. Clarifying responsibilities of Chinese domestic consignees

1) The consignee of imported cosmetics must review the products to ensure they are properly registered/notified and comply with the Cosmetics Supervision and Administration Regulation (CSAR) and mandatory national standards/specifications. Products fail the review shall not be imported.

2) The consignee must establish import and sales records for the cosmetics, retain relevant vouchers, ensure the authenticity and completeness of the recorded information, and maintain traceability.

Record retention period shall be at least 1 year after the product's expiry, or at least 2 years if the period of validity is less than 1 year.

3) If the consignee discovers quality/safety issues or potential health risks with the cosmetics, they must immediately stop importing/operating the products and notify the relevant registrants and notifiers.

2. Imported cosmetics must undergo conformity assessment

Only imported cosmetics that pass the customs conformity assessment can be sold and used. If the products fail the assessment, the customs will notify the consignee to dispose of them.

For products with unqualified items related to safety, human health, and environmental protection, the customs will order them to be destroyed or returned;
For products with other unqualified items, they can only be sold/used if they pass re-inspection after technical treatment. If the technical treatment cannot be completed within the specified time, or the products still fail conformity assessment even after treatment, the customs will order them to be destroyed or returned.

3. GACC control measures for imported cosmetics

Based on the type and degree of risk, GACC can take the following control measures:

Increasing import restrictions, including stricter monitoring, higher rates of random inspections, batch-by-batch inspection reporting;
Suspension or prohibition of imports, destruction or return of products;
Launching emergency response plans for imported cosmetics safety.

When the safety risks of imported cosmetics have been reduced to a controllable level, the customs can lift the corresponding control measures.

3. Strengthening penalties for regulatory violations

1. Risk warnings

When quality or safety issues arise with imported & exported cosmetics, or issues that may impact their safety occur at home or abroad, GACC will publish a risk warning notice within the customs system and provide a risk warning notice to consumers if necessary.

2. Unaccepted re-inspection

Importers/exporters can apply for re-inspection if they object to customs inspection results. However, customs will not accept re-inspection requests in certain cases:

Microbial indicators exceed standards;
Products are expired;
Other reasons that make re-inspection impossible.

3. Legal liabilities

1) If the consignee fails to perform the required return or destruction obligations, customs will issue a warning or impose a fine of up to 10,000 yuan;

2) If imported cosmetic exhibits not for trial or sales purposes, samples for cosmetics registration or notification, and samples for corporate testing, R&D or publicity purpose instead of trial purpose are used for trial or sale, customs shall:

Confiscate the illegal gains;
Impose a fine of 5% to 20% of the product value, up to 100,000 yuan.

3) Anyone who violates the Measures and constitutes a crime shall be investigated for criminal responsibility.

4. Other amendments

1. In 2020 and 2021, GACC issued Announcements No. 99 and No. 108, making the following amendments:

For cosmetics not subject to registration or notification, the requirement to provide safety assessment information on potentially risky substances from qualified institutions was canceled. Instead, a product safety commitment is required; ²
The filing requirement for Chinese domestic consignees of imported cosmetics was canceled; ³

Based on these two GACC announcements, the corresponding provisions have been deleted from the Measures.

2. The Measures deletes the requirement for enterprises of first-imported duty-free cosmetics to provide safety assessment-related documents.