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India Clarifies Regulatory Requirements for Cosmetic Import Registration

Shortly after the enforcement of the Cosmetics Rules 2020, India released a list of FAQs and a guideline, detailing the categories, procedures, required dossiers, fees, time, etc., for the application of cosmetic import registration certificate in India.

On December 15, 2020, India released and implemented the Cosmetics Rules 2020. To streamline the import registration process of cosmetics and facilitate enterprises’ businesses, the Central Drugs Standard Control Organization (CDSCO) published a collection of frequently asked questions (FAQs) and a guidance document for cosmetic import registration under the new regime on January 19, 2021. 1

The details of the documents are as follows:

Import Cosmetic Categories

Any articles falling within the definition of cosmetics specified in the Drugs and Cosmetics Act 1940 and Cosmetics Rules 2020 shall be registered with the CDSCO along with pack size, variants (e.g., different colors, shades, flavors), and manufacturing premises before import into India.

The cosmetic categories permitted for import mainly include 80 classes, such as face care products excluding face masks, face masks, eye contour products, lip care products, hand care products, foot care products, body care products, external intimate care products, soap products, etc.

Application Procedures

The application for cosmetic import registration shall be submitted online in Form Cos-1 on the SUGAM Portal of CDSCO either by the manufacturer himself or his authorized agent or the importer in India or the India's subsidiary authorized by the manufacturer, with requisite fee and documents. Once approved, an import registration certificate in Form Cos-2 will be granted by the Central Licensing Authority.

In case of a new cosmetic, the applicant shall obtain prior permission in Form COS- 3.

Forms

Purposes

Cos-1

Application for grant of a Registration Certificate for Import of cosmetics into India

Cos-2

An Import Registration Certificate to be issued for import of cosmetics into India

Cos-3

Permission to import or manufacture new cosmetics in India

Necessary Application Documents

No.

Documents

1

Covering Letter

2

Authorization from Manufacturer

3

Filled in Part-I of the Second Schedule of the Cosmetics Rules 2020

4

List of Ingredients along with its Percentage Contents

5

Labels of Proposed Products

6

Specification and Testing Methods

7

Pack Insert (If any)

8

Manufacturing Licenses/An undertaking for no provision of manufacturing license in the country.

9

Free Sale Certificate*

10

Non-Animal Testing Declaration

11

Declaration for Heavy Metal and Hexachlorophene Content

12

Other Documents (If any)

13

Application in Form Cos-1 of the Cosmetics Rules 2020

14

Fee: (Original Bharatkosh e-receipt for the fee paid)

Note: When applying for the import of bulk finished formulation ready to fill, the following additional documents shall also be provided:

  • A valid manufacturing license for the finished formulation of the cosmetic ready to fill in finished form from the State Licensing Authority; and

  • Details of the registered brand owner of the finished product in India.

It is worth noting that the Free Sale Certificate shall be submitted for all variants of the cosmetic products to be imported. In addition to the Free Sale Certificate issued by the actual manufacturer from the country of origin, the following types of documents can also be accepted.

  • Free Sale Certificate issued by national regulatory authority from the country of the principal manufacturer;

  • Free Sale Certificate issued by other competent associations or organizations duly authenticated from the Indian Embassy of the country of origin;

  • Free Sale Certificate issued by other competent associations or organizations authenticated from the chamber of commerce/notary public and apostilled.

Import Registration Fees

Administrative Items

Fee Payable

Fee for grant or retention of registration certificate for each category of cosmetics

$1,000

Fee for grant or retention of registration certificate for additional category of cosmetic

$1000

Fee for registration of each manufacturing site

$500

Fee for each variant of cosmetics

$50

The fees can be paid through Bharatkosh only, via Bharatkosh gateway under Head of Account “0210041040000-00-1” Import and Registration in dollars or its equivalent in Indian Rupees. The acknowledgement receipt shall be submitted along with the application for registration.

Registration Time

As per the CDSCO’s circular issued on 30 May 2014, the registration certificate for import of cosmetics shall be issued within 90 days from the date of submission of the application form and other required documents as listed above.

Validity

The registration certificate for import of cosmetics shall remain valid in perpetuity, subject to payment of the certificate retention fee.

*Chemlinked is also planning a webinar on May 13th to get you prepared for the new regime. Please stay tuned!
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