Guangdong Consults on the Second Draft of Cosmetics Safety Regulation

Guangdong drafted its local cosmetics safety regulation to further standardize the provincial market and accommodate recent regulatory developments. Cosmetics traded online in Guangdong will be subject to real-name registration and a clear accountability system. Cosmetics used as promotional giveaway or offered as prizes will be regulated based on standard requirements.

On Jan. 22, 2019, the Standing Committee of Guangdong Provincial People's Congress released the second draft of Guangdong Cosmetics Safety Regulation for public consultation. Any suggestions or comments can be sent back by email at jjfgc@gdrd.cn or by fax at 020-37866200 prior to February 23. Please contact us at cosmetic@chemlinked.com if translations are required.

Main Contents

The draft Regulation encompasses 6 chapters with 65 articles to manage cosmetic manufacturing, operation and post-market supervision as well as specify specific penalties for different circumstances. Highlights include:

14 categories of cosmetics that are banned from sale;
Clarification that cosmetics used or provided to consumers in the beauty and hairdressing industry and cosmetics used as promotional giveaways or prizes will be subject to standard requirements
The operating responsibilities of stakeholders engaging in cosmetic trading activities on centralized trade markets, leased counters or in trade fairs
The duties and penalties for online cosmetics stakeholders including online trading platform and online operators (commercial registration, real-name registration, qualification verification, record management, accountability system).

The Second Draft vs. the First Draft

Compared to the previous draft of Guangdong Cosmetics Safety Regulation issued on November 5, 2018, the second draft offers minor refinements:

Clarify the administrative authorities. Expressions pertain to “Guangdong AMR” are replaced by “Guangdong MPA” to align with the completed local institutional reform;
Change the subjects of duties for recalling defective products from “cosmetic registrant/filer” to “cosmetic operator/agent”.
Change the retention period of all records including business qualification, test documents, accounts for production, storage and sales, etc. from 2 years to 3 years;
Delete provisions regarding the change and cancellation of cosmetic manufacture license;
Add the penalty clauses for violations of provisions related to centralized trade market;
Delete the definitions of “commissioned manufacture” and “commissioned sub-package”, add the definition of “semi-finished cosmetics”.

The Guangdong Cosmetics Safety Regulation vs. the 2018 CSAR

	Guangdong Cosmetics Safety Regulation (Hereinafter “Guangdong Regulation”)	The 2018 Cosmetic Supervision and Administration Regulations (CSAR)
Similarities	The two regulations are consistent in terms of their requirements for cosmetic GMP, cosmetic label, centralized trade markets, the operating practices of the third-party online platform, etc.
Differences	The Guangdong Regulation offers more detailed requirements in respect to cosmetic manufacture, commissioned manufacture and cosmetic operation; The Guangdong Regulation explicitly prohibits the sales of 14 types of cosmetics. These cosmetics will subject to standard requirements if they are given as prizes etc. The Guangdong Regulation emphasizes the importance and necessity of environmental protection, industry self-regulation and social cooperation.	When implemented, the provisions of CSAR will prevail over the Guangdong Regulation if there is any inconsistency between them.