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

The proposed amendments to Supervision and Administration Measures on Inspection of Imported and Exported Cosmetics include: 1) further clarifying the Measures’ applicable scope; 2) strengthening quality and safety responsibilities of cosmetics manufacturers and operators; 3) strengthening penalties for regulatory violations.

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 shipinjusichu@customs.gov.cn.

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