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Monthly Recap: Asia-Pacific Cosmetic Regulatory Updates | December 2020

Chinese mainland

1. Regulations

Zhejiang MPA Decentralized the Review of Cosmetic Production License Applications

Starting from December 1, the review of cosmetic production license applications will be handled by the districts, cities, and Yiwu Market Supervision and Administration. The relevant enterprises are required to submit the applications to the local market supervision administration. (Reference Link)

Guangdong Cosmetics Association Issues One Group Standard

On December 27, Guangdong Cosmetics Association issued the group standard - General Rules for Sensory Evaluation of Cosmetics, specifying the basic principles of cosmetic sensory evaluation, evaluators' requirements, environmental conditions, and evaluation procedures. (Reference Link)

Shandong MPA Consults on One Standard

On December 1, Shandong MPA released the draft standard “Shandong Cosmetics Administrative Penalty Discretion Standard (Trial)” for public consultation. Advice or suggestions can be sent to the MPA by email at fzcsdfda@shandong.cn before December. 13, 2020. (Reference Link)

Zhejiang Health Products & Cosmetics Industry Association (ZHCA) Consults on One Group Standard

On December 2, ZHCA released the draft group standard “Technical Specifications for Disinfection in Cosmetics Production Enterprises” for public consultation. Advice or suggestions can be sent to ZHCA by email at zjxiaodu@126.com before January 1, 2021. (Reference Link)

Guangzhou to Prohibit the Production and Sale of Cosmetics Containing Plastic Microbeads

On December 7, Guangzhou released the "Guangzhou Promoting Plastic Pollution Control Work Plan. According to the plan, from 2021 it is prohibited to produce daily chemical products containing plastic microbeads and from 2023, it’ll be forbidden to sell them in Guangzhou.(Reference Link

The Pre-tax Deduction Ratio of Cosmetics Advertising Fees Remains at 30%

On December 9, China Ministry of Finance released the announcement on matters related to the pre-tax deduction of advertising expenses and business promotion expenses. According to the statement, from 2021 to 2025, cosmetics companies' deduction ratio when paying corporate income tax remains at 30%.(Reference Link

Tmall Global Implements a New Random Inspection Standard for CBEC Cosmetics

Tmall Global released a new technical standard for CBEC cosmetics, i.e., the Implementation Rules for the Conformity Spot Check on Cosmetics Goods on Tmall Global, which spells out the basic requirements for the platform’s irregular random inspections on cosmetics sold. Start from December 16, 2020, Tmall Global will entrust a state-certified third-party inspection agency to conduct irregular spot checks on cosmetics within its platform. Non-compliant merchants will be subject to different punishments depending on the seriousness of the violation. (ChemLinked News)

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China Association of Fragrance Flavor and Cosmetic Industries (CAFFCI) Issues five Group Standards

On December 17, CAFFCI issued five group standards, namely:

  • “T/CAFFCI 40-2020 3-Methyl-2-buten-1-ol”

  • “T/CAFFCI 41-2020 Citronellyl acetate”

  • “T/CAFFCI 42-2020 Geranyl acetate”

  • “T/CAFFCI 43-2020 Isovaleraldehyde”

  • “T/CAFFCI 44-2020 Tetrahydrogeraniol”

CAFFCI encourages cosmetic manufacturers and operators to adopt the above group standards voluntarily. (Reference Link)

China SAMR Consults on Administrative Measures on National Standards

On December 19, SAMR released the draft "Measures for the Administration of National Standards (Draft for Solicitation of Comments)" for public consultation. Advice or suggestions can be sent to SAMR by email at bzjss_gy@samr.gov.cn before January 18, 2021. (Reference Link)

China GAC Revises the Administrative Measures on Tax Reduction and Exemption on Import and Export Goods

On December 21, China General Administration of Customs (GAC) released a new version of “China GAC Administrative Measures on Tax Reduction and Exemption on Import and Export Goods”, replacing the Measures released on Dec. 29, 2008. This new version will be implemented on March 1, 2021. (Reference Link)

China Introduces Transitional Measures to Implement Cosmetic Supervision and Administration Regulation (CSAR) 

On December 28, China NMPA introduced transitional measures to implement Cosmetic Supervision and Administration Regulation (CSAR) in 7 aspects to help stakeholders smoothly transition over to a new regulatory era. (ChemLinked News)

China Approves 4 New Cosmetic Ingredients

On December 28, the NMPA officially approved Methacrylate/Glyceryl Diisostearate Methacrylate Copolymer, Calcium Phosphoryl Oligosaccharides and Steareth-200 as cosmetic ingredients, approved Ethyl Lauroyl Arginate HCL as a cosmetic preservative and included it in the List of Permitted Cosmetic Preservatives of chapter 3 of the Safety and Technical Standards for Cosmetics 2015. (ChemLinked News)

 

2. Non-compliant Products

NMPA Cancels 15 Registration Licenses of Special Use Cosmetics

On December 4, NMPA issued an announcement stating that 15 special use cosmetics were subject to cancellation of registration certificates due to the failure to meet relevant product safety requirements. As of the date of this announcement, the products shall not be produced or imported for sale. (Reference Link)

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NMPA: 109 Batches of Cosmetics Failed Inspections in December

On December. 16, China NMPA issued three announcements detailing non-compliant cosmetics information in December. A total of 109 batches of cosmetics were found unqualified. Hair dyes accounted for the majority of inspection failures. Reasons for inspection failures mainly included the use of banned ingredients, unqualified labels, and counterfeit products. (Reference Link 1) (Reference Link 2) (Reference Link 3)

GAC: 4 Batches of Cosmetics were Rejected in November

On December. 18, the China General Administration of Customs (GAC) gave an update on rejected food and cosmetics. Four batches of cosmetics imported from Chinese Hong Kong failed customs inspection at Chinese ports in November. The reason for rejection is that boric acid was detected. (Reference Link)

Chinese Taipei

Taiwan Seeks Consults on a Draft List of Prohibited Ingredients in Cosmetics

On December 3, Taiwan Food and Drug Administration (TFDA) released a draft list of prohibited ingredients in cosmetics for public consultation, which revises 40 ingredients and adds 255 ingredients. The list is scheduled to come into effect from July 1, 2021. From that date, it is prohibited to manufacture, import, selling, supply or display cosmetics containing the ingredients in the list. Any suggestions on the list can be mailed to sherrycty@fda.gov.tw until February 1, 2021. (ChemLinked News)

South Korea

South Korea Proposes New Colorants

On December 2, 2020, MFDS unveiled a draft of Types, Standards, and Test Methods of Cosmetic Color Additives for public opinions and soon after announced its implementation on December 30, 2020. 

The regulation brought up the notion of adding colorants derived from synthetic materials and microorganism: The chemical synthesis of Lycopene ii via Wittig reaction, and the Lycopene iii extracted from "Blakeslea trispora". This permission of synthesis Lycopene and Lycopene originated from microorganisms can be seen as an innovation. Mike Shon, Korea Cosmetic Expert & REACH24H Korea General Manager, explained that the "chemical production" and "production in microorganisms" are the general approaches for getting additives in Europe. "By adding these new colors, we can find S. Korea commits to optimizing the cosmetic requirements to align with the international standards. This movement would certainly bring benefits to overseas companies trading with Korea." (Find more at ChemLinked News)

South Korea Exempts Cosmetics from Labeling the "Difficult to Recycle" via New Reverse Recycling Scheme

To minimize the negative impacts of packaging recycling requirements on the cosmetic industry, Korea Cosmetic Association (KCA) and Korea Packaging Recycling Cooperative (KPRC) introduced the "Reverse Recycling Scheme of Cosmetic Containers" on December 8, 2020.

The new scheme requires cosmetic enterprises to reverse collect the containers of the products from consumers. By participating in this project, the enterprises can have their products exempted from labeling the "difficult to recycle" mark. The authorities planned to recycle 10% of cosmetic packaging materials by 2025. In 2019 the rate of recycling was at 0.56%. The eligible participants, application procedure and method, enterprises' obligations are specified in the notification. (Find more at ChemLinked News)

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KCA Reminds the End of Grace Period of Solid Soap, Black Hair Powder and Hair Removal Wax' Category Transformation

As the grace period ends on December 31, 2020, the solid soap, black hair powder, and hair removal wax will be officially managed as cosmetics instead of chemicals. On December 9, 2020, KCA (Korea Cosmetic Association) published an official notice to remind the end of category transformation. For relevant importers, each time prior to exporting, they should submit an "entry notice of imported products" to the Korea Pharmaceutical Traders Association (KPTA) and get approval. To help relevant enterprises understand cosmetic regulations in S. Korea, ChemLinked provided a business guidance. Find more at ChemLinked. (Official Notice)

South Korea Consults on the Enforcement Rule of Cosmetic Act

On December 21, 2020, MFDS published the draft of Enforcement Rule of Cosmetic Act. This draft permits the responsible sales manager of custom cosmetic to act as a custom cosmetic compound manager when he/she gets the qualification certification. Suggestions can be sent to fastests@korea.kr before February 1, 2022. (Find more)

South Korea Updates Regulation on the Examination of Functional Cosmetics

On December 30, 2020, MFDS released the latest version of  Regulation on the Examination of Functional Cosmetic. The general testing institutions are approved for the human testing of alleviating skin itching cosmetics as the cosmetic category changed. Additionally, the standards of human skin application test are specified. (Find More)

South Korea Expands the Functional Cosmetics Exempted from Evaluation

MFDS disclosed the Standards and Testing Methods of Functional Cosmetics on December 30 2020 and permitted the "Complex of Ethyl Ascorbyl Ether, Adenosine" in four forms, "Sodium Persulfate and Potassium Persulfate Powder," and "3-Step oxidative hair dyes whose Step 3 is a hair conditioner". 

By adding these new raw materials, the competent authority intends to enlarge the scope of functional cosmetics exempted from evaluation and ease enterprises' burden. (Find More)

Two Guidelines about Cosmetic Label and FQA

MFDS released two guidelines this month: Guidelines for Management of Cosmetic Labelling and Advertisements (20.12.24) and FAQs about Cosmetics in South Korea 2020 (20.12.10).

The Guidelines for Management of Cosmetic Labelling and Advertisements explains the cosmetic label and advertisement requirements. It specifies the proper claims on cosmetics and necessary proofs of the labels and advertisements.

The FAQs about Cosmetics in South Korea 2020 lists the Questions about business registration, labels, advertisements, category sorting, quality control, functional cosmetics, natural and organic cosmetics, and the import/export of cosmetics. 

Japan

Japan Revises the Standards for Marketing Approval of Some Quasi-drugs 

On December. 8, Japan MHLW released three amendments for public consultation, which proposes modifying the standards for marketing approval of three kinds of quasi-drugs, namely medicated oral-care products, hair coloring agents and permanent wave agents. Among them, the medicated oral-care products are re-classified from two to three classes, and the new regulations regarding the types, specifications and dosages of active ingredients in the new class are stipulated. Besides, the specifications of active ingredients in hair coloring agents and permanent wave agents are modified. Any comments shall be submitted before January 6, 2021. (ChemLinked News)

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Indonesia

Indonesia Clarifies GMP Certification Procedures

Cosmetic enterprises in Indonesia in conducting production activities are obliged to comply with GMP Guideline. The application of the GMP Guideline is proved by GMP certification documents. On Dec. 1, 2020, Indonesia BPOM released a new draft regulation, Certification Procedures of Cosmetic Good Manufacturing Practices, clarifying the types of GMP certification documents, the required documents for GMP certification, the certification process, certification renewal and modification. (ChemLinked News)

Indonesia Clarifies Standards for Permitted and Prohibited Cosmetic Claims

Before conducting cosmetic notifications in Indonesia, business operators must ensure the objectivity and authenticity of product claims. After obtaining a notification certificate, the notification certificate holders should be responsible for claims compliance. To further clarify the compliance standards of cosmetic claims, Indonesia BPOM released the draft Technical Requirements for Cosmetics Claims on Dec. 11, 2020. The draft regulation clarifies requirements for cosmetic claims on labeling and advertising and attaches two lists of prohibited and permitted claim examples. (ChemLinked News)

Indonesia to Amend the Advertising Requirements for Cosmetics

On Dec. 16, 2020, Indonesia released the draft amended Technical Guidelines for Cosmetic Advertising for public consultation. The amended guideline adds two new advertising media, digital media and face to face communication, which clarifies the competent authority's supervision methods, and compliance requirements for advertising content, etc. (Reference Link)

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Indonesia to Revise the Labeling Requirements of 2D Barcode on Cosmetics

Application of 2D Barcode in the Control of Drugs and Food regulates that cosmetics, processed food, drug, etc. must be labeled with 2D Barcode on the packaging. On Dec. 21, 2020, Indonesia BPOM released the draft amendments to Application of 2D Barcode in the Control of Drugs and Food. For cosmetics, traditional drugs and quasi-drugs, 2D Barcode can be printed or included in the form of a sticker which is affixed to the packaging with an ink color that is different from the base color. (Reference Link)

Australia

Australia Implements the Cosmetics Information Standard 2020

On November 24, the Australian Government published a new legislative instrument, Consumer Goods (Cosmetics) Information Standard 2020, to supersede the existing Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991. Under the new information standard, alcohol-based hand sanitizers are categorized as cosmetics, requiring to provide the alcohol content and warning information either on the product packaging or the container. (ChemLinked News)

Australia Clarifies Obligations for Cosmetics Introduced under Exemptions

Under the transitional arrangements of Australia’s new regulatory scheme AICIS, some exemption provisions of the old NICNAS will still be allowed until 31 August 2022. On November 17, Australia AICIS announced that stakeholders of cosmetic ingredients introduced under NICNAS exemptions shall keep records about introduction. (Read More)

Thailand

Thailand to Permit the Use of Cannabis in Cosmetics

In late November, Thailand announced a plan to allow the use of most parts of cannabis and hemp plants, including the leaves, branches, stems, trunks, bark, fiber, and roots, for food and cosmetics. The Thailand Food and Drug Administration would draft a new regulation to this effect, which will include hemp seeds and seed extract and allow the CBD and THC content up to 0.2% in cosmetic products. (ChemLinked News)

India

India Continues the Transitional Policy Regarding the Submission of Self Attested Documents for Cosmetics Import and Registration

Given the COVID-19 lockdown situation, India’s Central Drugs Standard Control Organization (CDSCO) issued a notice on April 20, 2020, postponing the submission of notarized, apostilled, and embassy-attested copies of the documents for cosmetic import registration/notification. On August 19, the transitional policy was extended by four months considering the severe situation. On December 18, CDSCO published a notice to further extend the policy by an extra four months or until the situation's normalization, whichever is earlier. (Read More)

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