China Upgrades Domestic Non-Special Use Cosmetic Online Filing System

Takehome: SAMR has upgraded its domestic non-special use cosmetics online filing system, changes are effective since June 1st. The system newly includes an “enterprise account freeze function”. The entrusting production function and some other functions have also been optimized.

To further standardize the filing of domestic non-special use cosmetics, SAMR has organized the optimization and upgrading of its online filing management system. Major changes are described below:

♦ Newly-added function: Freezing Enterprise’s online filing account

In the past enterprises have deliberately inputted inaccurate or untrue contact information or address when applying for filing in an effort to evade post-filing supervision and other routine inspections. The new function to freeze enterprise’s online filing account is SAMR’s response to this problem.

1. In instances where suspected violations are uncovered the inspecting authorities will inform the company in the relevant filing information column instructing it to proactively contact them within 1 month (the system automatically starts timing) to verify identity.
2. Failure to follow requirements will result in the company having its online account frozen. Enterprises will be informed using a pop-up message after system logon.
3. The company could submit a written explanation to inspecting authorities and apply for account restoration within one month. Provincial SAMR departments will make decisions according to the circumstances.
4. If the company fails to file an application by the specified time or provincial SAMR departments refuse to approve, all filing information of its filed products will be automatically deleted by the system and will be no longer available for public enquiries.

♦ Optimized function: Entrusted production

» For commissioned products, the entrusting party shall apply for filing first and then the commissioned party finishes filing:

1. If both parties finish the filing, the product information will be made public;
2. If there is no commissioned party to complete the associated filing, it shall be deemed as “the filing is not yet completed” and no product filing information will be generated by the system for public enquiries;
3. During the period when the commissioned party has not yet finished the filing using the information the entrusting party has submitted, the entrusting party can carry out change or cancellation of filing.

» For filed products in commission production situation, both parties can cancel the product filing information pursuant to the situation.

1. The system will automatically send a notification to the entrusting party when the commissioned party cancel the filing;
2. The product status changes into “Cancelled” when the entrusting party completes the cancellation.

» Filed product status in a commission production situation can be changed by the commissioned party to independent production and independent production can be changed to a commission.

♦ Other adjustments

1. Adjust the content of product filing information:

• Different formulas of suit products shall be displayed individually.
• The raw material in the full ingredients of the product containing it shall be distinguished by the brackets "[ ]".

2. The actual production enterprise shall add the “actual production address” fields while filing; the enterprise with production license shall add “the production address” when it applies for change.
3. Stakeholders wanting to know more details about the upgrade can refer to our database.

♦ REACH24H Interpretation:

The upgrade of the system is the most significant change since the online platform was started in 2014 and aims to prevent enterprises from filing false information, provide them with more flexible entrusting relationships and promote scientific and standardized management in China’s cosmetic sector. The upgrade focuses on ensuring enterprises meet their main compliance responsibilities and also aims to increase the efficiency of review and supervision by authorities. Enterprises are advised to input accurate information when using the system or face significant market access disruptions.