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Laws of the People's Republic of China |
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| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1989-11-13 | Effective Date | 1990-01-01 |
|
Regulations Concerning the Hygiene Supervision Over Cosmetics |
|---|
Article 1 These Regulations are formulated to strengthen hygiene
supervision over cosmetics so as to ensure hygiene quality and safety use of
cosmetics and to safeguard the consumers' health.
Article 2 The term "Cosmetics" referred to in these Regulations means
those daily used chemical products applied on the surface of any part of the
human body (such as skin, hair, nails and lips) by way of smearing, spraying
or other similar methods to keep the body clean, to get rid of undesirable
smell, to protect the skin, to make up the face and to increase the beauty of
the appearence.
Article 3 The State shall enforce hygiene supervision over cosmetics. The
health administrative department under the State Council is in charge of the
nationwide hygiene supervisory work on cosmetics while the health
administration departments at or above county government level are in charge
of the hygiene supervisory work on cosmetics within their respective
jurisdiction.
Article 4 All units or persons who are engaged in the production and Article 5 The State shall exercise hygiene supervision over the The term of validity of a Hygiene License for the Production Enterprise of No enterprise shall be allowed to engage in the production of cosmetics Article 6 A production enterprise of cosmetics must meet the following (1) it must be built in a clean area and away from areas contaminated with (2) the production building must be strong and clean. The ceiling, walls (3) it must have adequate depository for materials and finished products (4) the workshops must be equipped with the necessary facilities to meet (5) it must have testing instruments and qualified technical personnel to Article 7 The staff and workers directly involved in the production of Any worker who suffers from ringworm of fingers, ringworm of finger-nails, Article 8 The materials and additives needed in the making of cosmetics Article 9 Before a new kind of material is used to make cosmetics, an "New kind of material" refers to natural or synthetic materials that are Article 10 The production of special cosmetics must be approved by the "Special Cosmetics" refer to those substance used for hair nourishment, Article 11 Before putting its cosmetic products onto the market, the Article 12 On the label of a cosmetic product, the name of the product, Article 13 No unit or person in the cosmetics business shall be allowed (1) the cosmetics produced by an enterprise without a Hygiene License for (2) the cosmetics without a quality tag; (3) the cosmetics of which the label, the smaller package or the (4) the special cosmetics without an approval document; (5) the cosmetics that has expired. Article 14 The following content shall not be allowed to be included in (1) exaggerating the effectiveness of the cosmetic product through its (2) giving a guarantee in the name of other people or giving a hint to (3) advertising the medical efficacy of the cosmetic product. Article 15 When a cosmetic product is imported for the first time, the Article 16 All imported cosmetics are subject to inspection by the State Cosmetics imported in small quantity for personal use shall follow the Article 17 The health administration departments at all govermnent levels Article 18 The health administrative department under the State Council Article 19 The health administration departments at all levels shall Article 20 When carrying out their duties, the cosmetic hygiene Article 21 Cosmetic hygiene supervisors are vested with the right to Article 22 The health administration departments, the cosmetic hygiene Article 23 If any medical treatment unit finds out any cases who suffer Article 24 If any production enterprise without a Hygiene License for the Article 25 If any production enterprise without holding an approval Article 26 Those who import or sell imported cosmetics that have not been As for those enterprises holding an approval document for the production Article 27 Those who produce or sell any cosmetics that are not up to the Article 28 If any production enterprise or business enterprise violates Article 29 Disciplinary sanctions for violation of these Regulations The punishment by revocation of the Hygiene License for the Production Article 30 If the party concerned does not accept the disciplinary Article 31 In the case that the consumer is harmed physically or poisoned Article 32 Any cosmetic hygiene supervisor who abuses his power or Article 33 Hygiene supervision work over the cosmetics produced and put Article 34 The right to interpret these Regulations resides in the health Article 35 These Regulations shall come into force as of January 1, 1990.
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business of cosmetics must abide by these Regulations.
Chapter II Hygiene Supervision over the Production of Cosmetics
enterprises engaged in the production of cosmetics by means of Hygiene License
system. Hygiene License for the Production Enterprise of Cosmetics shall be
approved and issued by the hygiene administration department at the
provincial, autonomous regional or municipal (directly under the Central
Government) level.
Cosmetics is four years and it must be verified after two years.
without a Hygiene License.
hygiene requirements:
poisonous or other harmful matters at a certain distance as required by the
relevant hygiene regulations;
and floors inside the workshop must be built with smooth and glazed material.
The workshop must be well-lit and have necessary facilities and equipment to
kill rats and insects and to prevent them from causing harm to the products
and from multiplying;
and workshops of appropriate capacity for processing and packing purposes;
the specific requirements of the products, and the technological process must
meet the hygiene standard;
carry out microbiological test on its cosmetic products.
cosmetics are required to have a physical check-up every year. Only those who
hold a health certificate shall be allowed to engage in the production.
hand eczema, hand scale, effusive dermatosis, dysentery, typhoid, virus
hepatitis, and active tuberculosis shall not allowed to be directly engaged in
the production of cosmetics.
and the immediate containers and packing materials of cosmetics must meet the
State hygiene standards.
application must be made to the health administrative department under the
State Council for approval.
used to make cosmetics for the first time in China.
health administrative department under the State Council. Only after an
approval document is obtained from this department can the factory start the
production.
hair-dye, hair perm, hair removing, breast massage, deodorant, fading cream
and antisunburn lotion.
producer is required to conduct hygiene quality examination in accordance with
the Hygiene Standard for Cosmetics formulated by the State and mark the
qualified products. The products that are not examined or are not up to the
required hygiene standard are not allowed to be shipped out of the factory.
the name of the producer and the serial number of the hygiene license for the
production enterprise must be clearly stated; on the smaller package or the
specification sheet, the date of production and expiry must be stated. In the
case of special cosmetic products, the approval document number must also be
printed. In the case of cosmetics that may cause undesirable reactions,
warnings and instructions on the use of the product must be stated in the
specification sheet. No indications, curative effect and medical terms are
allowed to be written on the label, on the inner packing or on the
specification sheet of cosmetic products.
Chapter III Hygiene Supervision over Cosmetics Sales
to sell cosmetics of the following kinds:
the Production Enterprise of Cosmetics;
specification sheet does not conform to the rules stipulated in Article 12 of
these Regulations;
cosmetic advertising:
chosen name and the description of its production method, its properties and
efficacy;
lure consumers into misunderstanding the efficacy of the product;
importing unit is required to submit to the health administrative department
under the State Council the relevant information such as the specifications,
the quality standard, and the method of testing, and a sample of that
cosmetics together with a production license issued by the official department
of the exporting country (or region). Only after an approval by the health
administrative department under the State Council is obtained can the
importing unit sign the import contract.
Bureau of Import and Export Commodities Inspection. Only those qualified
cosmetics are allowed to be imported.
import formalities in accordance with Customs regulations.
Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its
Duties
shall exercise hygiene supervision over cosmetics. They shall entrust an
inspection organ to carry out the specific hygiene supervisory work within
their jurisdiction.
shall invite research specialists and experts from medical units, production
enterprises and health administration organs to form an appraisal group for
the safety of cosmetics. They shall make appraisal of the safety of imported
cosmetics, special cosmetics and the new ingredients of cosmetics. Besides,
they make technical investigation in the hazardous results of cosmetics of
poor quality.
appoint cosmetic hygiene supervisors to exercise hygiene supervision over
cosmetics. Cosmetics hygiene supervisors shall be selected by the health
administrative department under the State Council, at the provincial,
autonomous regional or municipal (directly under the Central Government) level
from among qualified hygiene personnel and shall be issued with badges and
identity cards.
supervisors are required to wear their badges and show their identity cards.
They must keep confidential the technical data presented by the production
enterprises.
conduct sample testing of the cosmetics of any production or business unit.
They may ask for information of cosmetic safety that is related to their
hygiene supervisory work. No unit shall refuse to provide or withhold the
facts, or to present false material.
supervisors or the hygiene supervision and inspection organs at all levels are
not allowed to have a hand in the production, sale or supervision of the
making of cosmetics in the form of technical consultancy, technical service
and under any other pretences.
from undesirable effect after using a certain cosmetics, it is required to
make a report to the local health administration department.
Chapter V Penalty Provisions
Production Enterprise of Cosmetics is found to have made cosmetics without
authorization, it shall be ordered to stop production and its products and
illegal earnings shall be confiscated and a fine 3 to 5 times the illegal
profits shall be imposed on it.
document is found to have produced special cosmetics or have used prohibited
materials or any new ingredients that had not been previously approved, its
products and illegal earnings shall be confiscated and a fine 3 to 5 times
their illegal profits shall be imposed on it. It may be ordered to stop
production or to have its Hygiene License for the Production Enterprise
of Cosmetics revoked.
approved or examined shall be punished by having their goods and illegal
earnings confiscated and by a fine 3 to 5 times their illegal profits.
of special cosmetics, if they violate these provisions and the case is serious
enough, their approval document shall be revoked.
State Hygiene Standard for Cosmetics shall be punished by having their
products and illegal earnings confiscated and by a fine 3 to 5 times their
illegal profits.
other rules of these Regulations, they shall be given a warning and be ordered
to correct their wrong doings within a prescribed period of time; if the case
is serious enough, in the case of a production enterprise, it shall be ordered
to stop production or to have its Hygiene License for the Production
Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it
shall be ordered to stop business, have its illegal earnings confiscated and
be punished by a fine 2 to 3 times their illegal profits.
shall be decided by the health administration departments at or above the
county level. Disciplinary sanctions for violation of Article 14 of these
Regulations shall be decided by the administration department for industry and
commerce.
Enterprise of Cosmetics shall be decided by the health administration
department at the provincial, autonomous regional or municipal (directly under
the Central Govemment) level. The punishment by revocation of the approval
document for the production of special cosmetics shall be decided by the
health administrative department under the State Council. The fine and
confiscation shall all be turned over to the State treasury and the products
confiscated shall be disposed under the supervision of the health
administration department.
sanction imposed by the health administration department, it may appeal to the
health administration department at a higher level for a review of the case
within 15 days after receiving the notification of the sanction. The higher
health administration department is required to give a reply within 30 days.
If it is still not satisfied with the decision made by the health
administration at the higher level, it may bring a suit to the people's court
within 15 days after receiving the notification of the reconsideration, but it
must carry out at once the order of the health administration department about
confiscation of their products and suspension of production. If upon the
expiration of this period, the party has neither applied for reconsideration
nor complied with the sanction, the health administration department may
request the people's court to take enforcement at law.
as a result of violation of these Regulations, the production enterprise, the
business enterprise or the persons who are directly responsible for the
consequences must compensate for the loss. If the case has produced serious
consequences, the party responsible shall be prosecuted for criminal
responsibility by the judicial organs in accordance with the law.
engages in malpractices for personal gains or discloses the technical data
provided by the enterprise shall be subject to disciplinary sanctions; and if
the case is serious enough to constitute a crime, he shall be prosecuted for
criminal responsibility according to law.
Chapter VI Supplementary Provisions
to sale on the market by any units in the People's Liberation Army shall be
conducted in accordance with these Regulations.
administration departrnent under the State Council and the rules for the
implementation of these Regulations shall be formulated by the health
administration department under the State Council.
URL: http://www.asianlii.org/cn/legis/cen/laws/rcthsoc627