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Takehome: China has repealed 13 invalid cosmetics notice shifting the focus to the supervision of ingredients and product safety and quality.
On July 4th, China National Health Commission (roles previously undertaken by National Health and Family Planning Commission) issued a notice instructing directly affiliated units and NHC at all levels to repeal the third batch of invalid documents which are in conflict with the provisions or spirit of the current administrative rules, regulations and national standards and are not conducive to stabilize growth, promote reform, adjust structure or benefit the nation. There are altogether 213 invalid documents, 13 of which directly concern the cosmetic sector, as listed below:
No. | Document No. | Title |
1 | No. 43 of 2003 | Notice on the Issues Concerning the Testing and Marking of SPF Value in Sunscreen Cosmetics |
2 | No. 75 of 2003 | Notice on the Release of English and Chinese Name of INCI (2013) |
3 | No. 78 of 2003 | Notice on the Issues Concerning the Application of Changing the Marking of SPF Value in Sunscreen Cosmetics |
4 | No. 220 of 2003 | Notice on Approving Using Seed-Melon Extract as Cosmetic Raw Materials |
5 | No. 217 of 2004 | Notice on Simplifying the Hygiene Licensing Process of Imported Non-Special Use Cosmetics |
6 | No. 335 of 2005 | Notice on the Release of Raw Materials List of Hair Dyes (Trial) |
7 | No. 45 of 2006 | Notice on the Issues of Strengthening Supervision and Management on Hair Dye Raw Materials |
8 | No. 1 of 2007 | Notice on the Release of Hygienic Standard for Cosmetics (2007) |
9 | No. 159 of 2007 | Notice on the Release of Testing Requirements for Cosmetic Hygiene Licensing (2007) |
10 | No. 177 of 2007 | Notice on the Release of Hygienic Standard for Production Enterprises of Cosmetics (2007) |
11 | No. 264 of 2007 | Notice on the Release of Catalogue of Standard Chinese Name of International Cosmetic Ingredient (Version 2007) |
12 | No. 58 of 2004 | Notice on Approving Using Dimethyl--Diethyl Benzylmalonate as Cosmetic Raw Materials |
13 | No. 63 of 2007 | Notice on the Issues Concerning the Implementation of Hygienic Standard for Cosmetics (2007) |
REACH24H Interpretation:
The 13 obsolete notices, with 6 concerning cosmetic ingredients or raw materials and 5 relating to hygiene standards, are repealed on grounds of lagging far behind the industry development and conflicting with requirements specified in overarching cosmetic rules and standards. In contrast to the above table, the corresponding regulatory documents currently in effect are as follows:
No. | Document No. | Title |
1 | No. 107 of 2016 | Notice on the Release of Administrative Requirements on the Labeling of Sunscreen Efficacy for Sunscreen Cosmetics |
2 | No. 568 of 2016 | Reply Notice on Further Specifying the Relevant Issues Concerning the Labeling Requirements Of Cosmetics |
3 | No. 479 of 2010 | Notice on the Release of Catalogue of Standard Chinese Name of International Cosmetic Ingredient (INCI Chinese Version 2010) |
4 | No. 268 of 2015 | CFDA’s (now SAMR) Announcement on the Release of Safety and Technical Standards for Cosmetics (Version 2015) |
5 | No. 82 of 2010 | Notice on the Release of Measures for the Inspection and Management of Cosmetic Administrative Licensing |
6 | No. 856 of 2009 | Notice on the Release of the Provisions for Application and Acceptance of Administrative Licensing for Cosmetic |
7 | No. 397 of 2010 | Notice on Further Specifying the Application and Acceptance of Administrative Licensing for Cosmetic |
8 | No. 265 of 2015 | CFDA’s (now SAMR) Announcement on the Relevant Matters of Cosmetic Production Licensing |
On 1 December 2016, Hygienic Standard for Cosmetics (2007) was completely replaced by Safety and Technical Standards for Cosmetics (Version 2015) which further specifies the definition and scope of cosmetics, details the general requirements for cosmetic safety technology, amends the requirements for prohibited and limited ingredients and adds some testing methods. Additionally, INCI Chinese version has also been upgraded from 2007 edition to 2010 version.
The updating and replacement of laws and regulations show that China has put more emphasis on the supervision and management of cosmetics raw materials and the safety requirements for cosmetic products and production processes. Enterprises are advised to enhance product control from the safety and quality aspect and carry out production and operation in accordance with these updated documents.
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