Regulations Governing Notification of Cosmetic Products

2019-05-30
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Article 1
This Regulation is enacted pursuant to Paragraph 2 of Article 4 of Cosmetics Hygiene and Safety Act (the “Act”).
Article 2
The cosmetics manufacturers or importers of a certain scale under Paragraph 1 of Article 4 of the Act (the “Cosmetics Manufacturers or Importers”) shall refer to below entities in the business of manufacturing or importing cosmetics products:
1. A corporate or a firm to be established and registered pursuant to Company Act and/or Business Registration Act.
2. A factory to be registered pursuant to Paragraph 1 of Article 8 of the Act.
3. The groups and corporations which engage in cosmetics manufacturing or importing, except the handmade soap entities which are exempt from industry registration, excluding the entities mentioned in preceding two subparagraphs.
Article 3
Cosmetics Manufacturers or Importers shall, while manufacturing or importing cosmetics under Paragraph 1 of Article 4 of the Act, complete data notification via the platform provided by the central competent authorities.
Article 4
Data notification specified in the preceding Article shall include:
1. Notification number of products.
2. Chinese and English names of products provided that no need to notify the English name of domestic products.
3. Category and usage of products.
4. Type of products. Model number and color code for series products.
5. Dosage of products.
6. Precautions of products.
7. Names, addresses and telephone numbers of manufacturers or importers of products.
8. Names, addresses nationalities of the premises where products manufactured and other criteria conforming to cosmetics Good Manufacturing Practice (GMP).
9. Full components of products. Weight or capacity percentage identifying its content inclusion if limitation of usage set forth by the central competent authorities.
10. Other relevant descriptions.
The aforesaid data notify shall be made in Chinese, English, numbers or international symbols.
Article 5
No false data notify shall be provided by Cosmetics Manufacturers or Importers.
Article 6
Data notification shall be made separately for different data provided for each Sub-paragraph of Paragraph 1 of Article 4, except for the followings:
1. Multiple product names carrying same component formula, dosage and usage.
2. Same series products carrying same dosage and usage with only difference in pigments or spices and/or essence of component formula.
3. Combination products referring to those products including more than two cosmetics products which are not able to be supplied, sold, gave away, public display, or offered consumer trial.
Article 7
Changes of cosmetics product data notification may be by amendment except for the change involving components, which shall be made by re-notification its data notification.
Article 8
The valid period for cosmetics product data notification is three years. If after the three year term, products are still supplied, sold, gave away, public display, or offered consumer trial, the data notification valid period shall be extended three months prior to its expiration.
Article 9
The data notification shall be disapproved if there is any of the following:
1. Data notification denied pursuant to Paragraph 2 of Article 22, Paragraph 2 of Article 23, Paragraph 2 of Article 24 of the Act.
2. Products containing any components prohibited to be used via the announcement made by the central competent authorities.
3. Incomplete data notification pursuant to Article 4.
Article 10
Data notification made by those Cosmetics Manufacturers or Importers who are dissolved or have closed its business, or whose corporation registration, business registration, factory registration or other equivalent registration or permits were withdrawn or abolished, shall be revoked.
Cosmetics Manufacturers or Importers may revoke data notification of a product if the product is no longer supplied, sold, gave away, public display, or offered consumer trial.
Article 11
The central competent authorities shall rescind the data notification if found products, after completion of data notification, are not cosmetics defined under Sub-paragraph 1 of Paragraph 1 of Article 3 of the Act.
Article 12
The Regulations shall take effect on July 1, 2019.