The State Council Executive Meeting Passed the Cosmetics Supervision and Administration Regulation (Draft)

According to the news report of China Central Television, Premier Li Keqiang hosted an executive meeting of the State Council on January 3. The content of the meeting mainly includes,

• 1) Determination of the measures to promote the stable growth of the manufacturing industry and to stabilize the basic economic development;
• 2) Deploy and acceleration of the transformation and upgrading of service outsourcing to promote the superior structure of the service industry;
• 3) Passing the Cosmetics Supervision and Administration Regulation (Draft) to better ensure the quality and safety and to promote the industrial development.

The Cosmetics Supervision and Administration Regulation (Draft) was passed during the meeting. In accordance with the requirements of both decentralization and management, the registration and filing management of cosmetic products and raw materials will be stipulated in terms of the level of risk. The process will be simplified and the supervision will be perfected. The company's main responsibilities for cosmetics quality and safety was clarified. Intensifying the punishment against the enterprises and responsible persons for their violations. And promoting the development of cosmetics and "beautiful industries" with guaranteed quality and safety.

The current Regulations on Hygienic Supervision of Cosmetics (hereinafter referred to as the REGULATION) was issued in 1989 and implemented in 1990. With the rapid development of the economic society and the cosmetics industry, the demand for cosmetics has grown rapidly and new materials and technologies have emerged endlessly. The current REGULATION cannot meet the needs. The main problems are:

• 1) The concept of legislation does not meet the needs of the development under current situation;
• 2) The management methods are difficult to meet the actual needs;
• 3) The regulatory system lags behind the actual reform.

Therefore, the Regulations on Hygienic Supervision of Cosmetics (revision) became the legislative work plan items of the State Council in 2013, 2014, and 2015. The Cosmetics Supervision and Administration Regulation (draft for comments)" (hereinafter referred to as the REGULATION) was issued by the State Food and Drug Administration on November 8, 2014 for public comments. The REGULATION not only improved the regulations on the management of cosmetic raw materials, production operations, and advertising, but also added the regulatory content for emerging online sales models. The Legislative Affairs Office of the State Council promulgated the Cosmetics Supervision and Administration Regulation (revised draft for review) (hereinafter referred to as the Draft for Review) on July 20, 2015, submitted it to the State Council and opened for comments. The Draft for Review focuses more on the supervision of in- and post-market, and the idea of Streamline Administration and Institute Decentralization is evident. During 2018, Department of Education, Culture, Health, and Legal Affairs of the Ministry of Justice, Department of Legal Affairs of National Medical Products Administration, Department of Pharmaceutical Regulatory Affairs of National Medical Products Administration established an investigation team regarding the legislative investigation of the Cosmetics Supervision and Administration Regulation for cosmetics manufacturers, business enterprises and industry associations. On December 18, 2018, China submitted the notification of G / TBT / N / CHN / 1310 to the WTO / TBT National Notification Advisory Center.

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Source: http://www.gov.cn/premier/2020-01/03/content_5466352.htm