Korea Officially Releases New Amendments to Cosmetics Act

Takehome:

Korea has been working on amending Cosmetics Act (See CL news). On Mar 13, 2018, the amendments to Cosmetics Act were officially released.

Except for the provisions related to customized cosmetics, which will take effect on Mar 14, 2020, the new Cosmetics Act will fully enter into force on Mar 14, 2019. The amendments are as follows:

1. Add the definition of natural and customized cosmetics.

 The term "natural cosmetics" refers to cosmetics that contain animal and plant ingredients and their derivative materials, and conform to the standards set by MFDS.

 The term "customized cosmetics" means manufactured or imported cosmetics which add other cosmetics contents or specific ingredients predesignated by MFDS. Anyone who intends to sell customized cosmetics shall register with MFDS. Any enterprises engaged in the sale of customized cosmetics shall arrange professional workers to carry out the dispensing and mixing of customized cosmetics. An MFDS qualification test must be passed before dispensing activities can commence. 

1. Re-classify cosmetics business.

 Cosmetics business is re-classified into three types:

• cosmetic manufacturing business;

• cosmetic responsible sale business;

• customized cosmetic sale business.

The new act changed "cosmetic sale business" to "cosmetic responsible sale business" .

1. Extend the scope of cosmetic business operation and functional cosmetics review applicants

Before, only cosmetic manufacturing and sale enterprises had the authority to operate cosmetic business and undertake the responsibility for functional cosmetics registration application. This role now is expanded to encompass cosmetic sales enterprises, cosmetic manufacturers, universities and research institutes designated by Prime Minister's decree.

1. Implement natural cosmetics and organic cosmetics certification system (Not mandatory)

MFDS also offers natural and organic cosmetics certification of products manufactured by cosmetic manufacturers, distributors, universities and research institutes. The certification work can also be entrusted to institutions or groups with professional knowledge and facilities. The applicant for certification needs to apply to the certification bodies designated by MFDS.

The validity period of the certificate is three years from the date of certification, and the extension of the validity period must be filed within 90 days after the expiration date.

1. Set cosmetic safety management supervisors

MFDS or local FDA can assign a person recommended by the cosmetic association or consumer group with full knowledge of cosmetic safety issues as cosmetic safety management supervisor to supervise cosmetic business. The cosmetic safety management supervisors help official staff to visit, investigate relevant enterprises, collect problems and submit unqualified cosmetic product reports to the relevant administrative department. 

1. Improve procedural rules

• Cosmetics manufacturers, universities, or research institutes shall apply to MFDS when they add or change the standards for the use of cosmetic preservatives, colorants, and sunscreens;

• When a cosmetics operator close a business, he only needs to report it to the taxation office in that jurisdiction.

• Import and export cosmetic products containing endangered animals and plants ingredients only need to be approved by the Ministry of Environment.

ChemLinked uploaded the original document of "Cosmetics Act" to the database, stakeholders wanting to know details can refer to it.