Measures for the Supervision and Administration of Import and Export of Cosmetics

Order of the General Administration of Quality Supervision, Inspection and Quarantine

No. 143

The Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Cosmetics, which were reviewed and approved at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on January 13, 2011, are hereby promulgated and shall come into effect on February 1, 2012.

Director Zhi Shuping August 10, 2011

Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Cosmetics

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations, the Regulations on Hygienic Supervision of Cosmetics, the Special Provisions of the State Council on Strengthening the Supervision and Administration of Food and Other Product Safety, and other laws and administrative regulations in order to ensure the safety, hygiene and quality of imported and exported cosmetics and protect the health of consumers.

Article 2 These Measures apply to the inspection, quarantine, supervision and management of cosmetics (including finished products and semi-finished products) included in the Catalogue of Commodities Subject to Inspection and Quarantine by Entry-Exit Inspection and Quarantine Agencies and those required to be inspected and quarantined by inspection and quarantine agencies as stipulated in relevant international treaties, laws and administrative regulations.

Article 3 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) is responsible for the supervision and management of the inspection and quarantine of imported and exported cosmetics nationwide.
The entry-exit inspection and quarantine agencies set up by the General Administration of Quality Supervision, Inspection and Quarantine in various places (hereinafter referred to as the inspection and quarantine agencies) are responsible for the supervision and management of the inspection and quarantine of imported and exported cosmetics in their respective areas.

Article 4. Producers and operators of imported and exported cosmetics shall carry out their production and operation activities in accordance with laws, administrative regulations and relevant standards, ensure the safety of cosmetics, be responsible to society and the public, accept social supervision and assume social responsibility.

Chapter II Inspection and Quarantine of Imported Cosmetics

Article 5 Inspection and quarantine agencies shall conduct inspection and quarantine on imported cosmetics in accordance with the mandatory requirements of China's national technical specifications and the inspection and quarantine requirements stipulated in the agreements and protocols signed between China and the exporting countries (regions).

Since my country has not yet formulated mandatory requirements for national technical specifications, inspections can be carried out in reference to relevant foreign standards designated by the General Administration of Quality Supervision, Inspection and Quarantine.

Article 6: Imported cosmetics shall be inspected and quarantined by port inspection and quarantine agencies. The General Administration of Quality Supervision, Inspection and Quarantine may designate other locations for inspection as needed to facilitate trade and for import inspection.

Article 7 Inspection and quarantine agencies shall implement record-keeping management for consignees of imported cosmetics. Consignees of imported cosmetics shall truthfully record the flow of imported cosmetics, and the record shall be retained for no less than two years.

Article 8 The consignee of imported cosmetics or its agent shall apply for inspection in accordance with the relevant regulations of the General Administration of Quality Supervision, Inspection and Quarantine and provide the consignee registration number at the same time.

For cosmetics imported for the first time, the following documents should be provided:

(1) A statement that the product complies with relevant national regulations and will not cause harm to human health under normal use.

(2) Product formula.

(3) For cosmetics that are subject to health licensing or filing by the state, the import cosmetics health licensing certificate or filing certificate approved by the relevant national competent authorities shall be submitted.

(IV) For cosmetics for which the state does not implement health permits or filing, the following materials shall be provided:

1. Safety assessment information on substances that may pose safety risks issued by an institution with relevant qualifications;

2. Documents proving the permission for production and sales in the country (region) of production or certificate of origin.

(V) In addition to the first four items, sales of packaged cosmetic products must also submit Chinese label samples and foreign language labels and translations.

(6) For finished cosmetics that are not packaged for sale, information should also include the product name, quantity/weight, specifications, place of origin, production batch number and expiration date (production date and shelf life), the name of the destination where the packaging is applied, and the name, address and contact information of the factory where the packaging is applied.

(7) Other documents required by the General Administration of Quality Supervision, Inspection and Quarantine.

If photocopies of the above-mentioned documents are provided, the originals must be produced at the same time.

Article 9 Before obtaining the inspection and quarantine certificate, imported cosmetics shall be stored in a place designated or approved by the inspection and quarantine agency. No unit or individual may transfer, sell or use them without the permission of the inspection and quarantine agency.

Article 10 After accepting the application for inspection, the inspection and quarantine agency shall conduct inspection and quarantine on the imported cosmetics, including on-site inspection, sampling and retention of samples, laboratory testing, and issuance of certificates.

Article 11 The contents of on-site inspection shall include the consistency between goods and documents, product packaging, label layout format, product sensory properties, and the sanitary conditions of transportation vehicles, containers or storage places.

Article 12: Labels on imported finished cosmetics must comply with the mandatory requirements of relevant Chinese laws, administrative regulations, and national technical specifications. Inspection and quarantine agencies shall review whether the content on cosmetics labels complies with the requirements of laws and administrative regulations, and verify the authenticity and accuracy of any quality-related information.

Article 13 Sampling of imported cosmetics shall be carried out in accordance with relevant national regulations, and the number of samples shall be sufficient for inspection, re-inspection, and record keeping. Sampling shall be more stringent in the following circumstances:

(1) Imported for the first time;

(2) Where quality and safety problems have occurred in the past;

(3) The import volume is relatively large.

When sampling, the inspection and quarantine agency shall issue a "Sampling Certificate" with a serial number and an inspection and quarantine business seal, and the sampler and the consignee or their agent shall both sign.

Samples should be managed in accordance with relevant national regulations. Qualified samples should be kept for four months after sampling, qualified samples of special-purpose cosmetics should be kept for one year after the certificate is issued, and unqualified samples should be kept until the end of the shelf life. Samples involved in case investigations should be kept until the case is concluded.

Article 14: Where laboratory testing is required, the inspection and quarantine agency shall determine the test items and requirements and send the samples to a qualified inspection agency. The inspection agency shall conduct the inspection in accordance with the requirements and issue an inspection report within the specified time.

Article 15: If imported cosmetics pass inspection and quarantine, the inspection and quarantine agency will issue an "Entry Goods Inspection and Quarantine Certificate" that specifies the name, brand, country (region) of origin, specifications, quantity/weight, batch number/production date, etc. Imported cosmetics may only be sold or used after obtaining the "Entry Goods Inspection and Quarantine Certificate."

If imported cosmetics fail inspection and quarantine for safety, health, or environmental protection issues, the inspection and quarantine agency will order the parties involved to destroy the products or issue a return notice, requiring the parties to handle return procedures. Products failing other items may undergo technical processing under the supervision of the inspection and quarantine agency and may only be sold or used after passing re-inspection and quarantine.

Article 16 When applying for registration with the local inspection and quarantine agency, the consignee of duty-free cosmetics shall provide relevant information such as the company's name, address, legal representative, competent department, business scope, contact person, contact information, product list, etc.

Article 17: Departure duty-free cosmetics are subject to import inspection but may be exempt from Chinese labeling and label conformity inspection. The "Certificate of Inspection and Quarantine of Entry Goods" must indicate that the products are intended for sale only at departure duty-free shops.

For outbound duty-free cosmetics imported for the first time, the supplier must provide a declaration that the product quality and safety comply with relevant Chinese regulations, a free sale certificate or certificate of origin issued by foreign officials or relevant institutions, relevant safety assessment information on substances that may pose safety risks issued by an institution with relevant qualifications, product formula, etc.

The General Administration of Quality Supervision, Inspection and Quarantine will implement inspection, quarantine, supervision and management of offshore duty-free cosmetics, and specific measures will be formulated separately.

Chapter III Inspection and Quarantine of Exported Cosmetics

Article 18: Cosmetics manufacturers exporting cosmetics must ensure that their exported cosmetics comply with the standards of the importing country (region) or the contractual requirements. If the importing country (region) does not have relevant standards and the contract does not specify such requirements, the General Administration of Quality Supervision, Inspection and Quarantine may designate relevant standards.

Article 19: The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) shall implement registration management for manufacturers of cosmetics for export. Specific measures shall be separately formulated by the AQSIQ.

Article 20 Cosmetics for export shall be inspected and quarantined by the inspection and quarantine agencies at the place of origin, and inspected at the port by the inspection and quarantine agencies.

The port inspection and quarantine agency shall inform the inspection and quarantine agency at the place of origin of the inspection and quarantine information of unqualified products, and report the unqualified information to the superior inspection and quarantine agency in accordance with the regulations.

Article 21: Export cosmetics manufacturers shall establish a quality management system and ensure that it operates effectively and continuously. Inspection and quarantine agencies shall conduct routine supervision and inspection of the quality management system and operation of export cosmetics manufacturers.

Article 22: Export cosmetics manufacturers shall establish a management system for the procurement, acceptance and use of raw materials and require suppliers to provide certificates of conformity for their raw materials.

Export cosmetics manufacturers should establish production record files to truthfully record the safety management of the cosmetics production process.

Export cosmetics manufacturers should establish an inspection record system and inspect their exported cosmetics in accordance with relevant regulations to ensure product quality.

The above records shall be true and shall be kept for no less than 2 years.

Article 23: Consignors or their agents of exported cosmetics shall submit applications for inspection in accordance with the relevant regulations of the General Administration of Quality Supervision, Inspection and Quarantine. For cosmetics exported for the first time, the following documents shall be provided:

(1) Business license, health permit, production license, manufacturer registration materials and other certificates required by laws and administrative regulations for the cosmetics exporting enterprise.

(2) Self-declaration: A statement that the cosmetics comply with the relevant laws and standards of the importing country (region) and will not cause harm to human health under normal use.

(3) Product formula.

(4) When selling packaged cosmetic products, a sample of the foreign language label and its Chinese translation must be submitted.

(5) Finished cosmetics packaged for sale for special purposes must provide the corresponding health permit or relevant safety assessment information issued by an institution with relevant qualifications to determine whether there are safety risk substances.

If photocopies of the above-mentioned documents are provided, the originals must be produced at the same time.

Article 24 After accepting the application for inspection, the inspection and quarantine agency shall conduct inspection and quarantine on the exported cosmetics, including on-site inspection, sampling and retention of samples, laboratory testing, and issuance of certificates, etc.

Article 25 The contents of on-site inspection shall include the consistency between goods and documents, sensory properties of products, product packaging, label layout format, and the sanitary conditions of transportation vehicles, containers or storage places.

Article 26 Sampling of exported cosmetics shall be carried out in accordance with relevant national regulations, and the number of samples shall meet the needs of inspection, re-inspection, and record keeping.

When sampling, the inspection and quarantine agency shall issue a "Sampling Certificate" with a serial number and an inspection and quarantine business seal, and the sampler and the shipper or their agent shall both sign.

Samples should be managed in accordance with relevant national regulations. Qualified samples should be kept for four months after sampling, qualified samples of special-purpose cosmetics should be kept for one year after the certificate is issued, and unqualified samples should be kept until the end of the shelf life. Samples involved in case investigations should be kept until the case is concluded.

Article 27: Where laboratory testing is required, the inspection and quarantine agency shall determine the test items and requirements and send the samples to a qualified inspection agency. The inspection agency shall conduct the inspection in accordance with the requirements and issue an inspection report within the specified time.

Article 28: For exported cosmetics that pass inspection and quarantine, the inspection and quarantine agency shall issue a customs clearance certificate in accordance with regulations. If the importing country (region) requires an inspection and quarantine certificate, the relevant inspection and quarantine certificate shall be issued in accordance with the requirements.

Exported cosmetics that fail inspection and quarantine may undergo technical processing under the supervision of the inspection and quarantine agency. Export will only be permitted after passing re-inspection and quarantine. If technical processing is not possible or if re-inspection after technical processing still fails, export will not be permitted.

Article 29: Cosmetics that are processed with supplied materials and are entirely re-exported may be exempted from inspection according to Chinese standards if, when the materials are imported, the company can provide documentary evidence that they comply with the laws, regulations or standards of the country (region) to be re-exported. The processed products shall be subject to inspection and quarantine according to the standards of the importing country (region).

Chapter IV Inspection and Quarantine of Non-trade Cosmetics

Article 30: For samples used for cosmetics hygiene licensing or filing, and non-trial samples used by companies for research and development and promotional purposes, the consignee or their agent must provide a statement of sample use and disposal, along with a written commitment that the samples will not be used for sale, when submitting an application for import inspection. The port of entry inspection and quarantine agency will review and file the records. Samples within reasonable usage limits may be exempt from inspection. Consignees must truthfully record the movement of cosmetics, and these records must be retained for at least two years.

Article 31: Imported exhibits not intended for trial use or sales may be exempted from inspection if a certificate of participation issued by the exhibition organizer (competent authority) is provided upon application for inspection. After the exhibition, the exhibits may be returned or destroyed under the supervision of the inspection and quarantine agency.

Article 32: Personal cosmetics (including gifts) carried or mailed into the country for personal use must be quarantined if they need to be quarantined at the port of entry.

Article 33: Cosmetics imported for personal use by official agencies of foreign countries and international organizations in China shall be inspected by the inspection and quarantine authorities at the port of entry. Those that meet the relevant regulations for the entry inspection and quarantine of articles for personal use by official agencies of foreign countries and international organizations in China shall be exempt from inspection.

Chapter V Supervision and Management

Article 34 If the applicant has objections to the inspection results and applies for re-inspection, the re-inspection shall be carried out in accordance with relevant national regulations.

Article 35 Inspection and quarantine agencies shall implement a classification management system for producers and operators of imported and exported cosmetics.

Article 36: Inspection and quarantine agencies shall implement integrity management for consignees of imported cosmetics and manufacturers and consignors of exported cosmetics. Inspection, quarantine, and supervision and management shall be strengthened for those with negative records.

Article 37: The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) implements a risk monitoring system for the safety of imported and exported cosmetics and organizes the formulation and implementation of an annual import and export cosmetics safety risk monitoring plan. Inspection and quarantine agencies shall organize monitoring of imported and exported cosmetics within their jurisdictions and report the results in accordance with the AQSIQ's import and export cosmetics safety risk monitoring plan.

Inspection and quarantine agencies shall adjust the inspection, quarantine and regulatory measures on imported and exported cosmetics based on risk classification according to the results of risk monitoring of imported and exported cosmetics.

Article 38: The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) shall establish a risk warning and rapid response mechanism for imported and exported cosmetics. When quality and safety issues arise with imported or exported cosmetics, or when quality and safety issues arise domestically or internationally that may affect the safety of imported or exported cosmetics, the AQSIQ and inspection and quarantine agencies shall promptly activate the risk warning mechanism and implement rapid response measures.

Article 39 The General Administration of Quality Supervision, Inspection and Quarantine may decide and announce the following rapid response measures based on the type and extent of the risk:

(1) Conditionally restricting imports and exports, including stricter monitoring, stricter inspections, and orders for recalls;

(2) Prohibit import or export, destroy on site or return;

(3) Launch the emergency response plan for the safety of imported and exported cosmetics.

Inspection and quarantine agencies are responsible for the implementation of rapid response measures.

Article 40: For uncertain risks, the General Administration of Quality Supervision, Inspection and Quarantine may, in accordance with internationally accepted practices, directly adopt temporary or emergency rapid response measures without conducting a risk assessment. At the same time, it shall promptly collect and supplement relevant information and materials, conduct a risk assessment, and determine the type and extent of the risk.

Article 41: If imported cosmetics have safety issues that could or have already caused harm to human health or life, the consignee shall proactively recall the products and immediately report them to the local inspection and quarantine agency. The consignee shall publicly disclose relevant information, notify sellers to cease sales, inform consumers to stop using the products, and maintain records of the recall. If the consignee does not proactively recall the products, the inspection and quarantine agency may order a recall. If necessary, the General Administration of Quality Supervision, Inspection and Quarantine may order a recall.

If exported cosmetics have safety issues and may or have already caused damage to human health and life safety, the export cosmetics manufacturer shall take effective measures and immediately report to the local inspection and quarantine agency.

Inspection and quarantine agencies shall report recall situations within their jurisdiction to the General Administration of Quality Supervision, Inspection and Quarantine in a timely manner.

Article 42 Inspection and quarantine agencies shall conduct random inspections on imported and exported cosmetics other than those that must be inspected by inspection and quarantine agencies as stipulated in these Measures in accordance with national regulations.

Chapter VI Legal Liability

Article 43: If anyone moves imported cosmetics that have not yet passed the inspection and quarantine agency's inspection from the designated or approved supervision site without the permission of the inspection and quarantine agency, the inspection and quarantine agency shall impose a fine of no more than three times the illegal gains, if any, and no more than RMB 30,000; if there are no illegal gains, a fine of no more than RMB 10,000 shall be imposed.

Article 44 If imported cosmetic exhibits that are not for trial or sale are used for trial or sale, and there is illegal income, the inspection and quarantine agency shall impose a fine of no more than three times the illegal income, but not more than RMB 30,000; if there is no illegal income, a fine of no more than RMB 10,000 shall be imposed.

Article 45: Failure to fulfill the obligation of return or destruction shall result in a fine of no more than RMB 10,000 imposed by the inspection and quarantine agency.

Article 46 If the staff of the inspection and quarantine agency discloses the commercial secrets known to them, they shall be subject to administrative sanctions in accordance with the law, and the illegal gains, if any, shall be confiscated; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 47 If the import and export cosmetics producers and operators, and inspection and quarantine personnel commit other illegal acts, they shall be dealt with in accordance with the relevant laws and administrative regulations.

Chapter VII Supplementary Provisions

Article 48 The following terms in these Measures have the following meanings:

(1) Cosmetics refer to products that are applied, rubbed, or spread on any part of the human body (epidermis, hair, nails, lips, etc.) or oral mucosa and teeth for the purpose of cleaning, eliminating bad odors, protecting skin, beautifying, and modifying the appearance of the body;

(2) Semi-finished cosmetics refer to cosmetics that have completed all production and processing steps except the final "filling" or "subpackaging" step;

(3) Finished cosmetic products include finished cosmetic products packaged for sale and finished cosmetic products packaged for non-sale;

(4) Finished cosmetics packaged for sale refer to finished cosmetics that are primarily intended for sale and already have sales packaging and arrive in the hands of consumers together with their contents;

(5) Non-sale packaged finished cosmetics refer to finished cosmetics that have completed the last process of contact with the contents but do not yet have sales packaging.

Article 49 The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for interpreting these Measures.

Article 50 These Measures shall come into force on February 1, 2012. The "Measures for the Administration of Supervision and Inspection of Imported and Exported Cosmetics" (Decree No. 21) implemented by the former State Entry-Exit Inspection and Quarantine Bureau on April 1, 2000 shall be repealed simultaneously.