Import And Export Of Cosmetics, Inspection And Quarantine Supervision And Administration

Original Language Title: 进出口化妆品检验检疫监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359078.shtml

Import and export of cosmetics, inspection and quarantine supervision and administration

    (August 11, 2011 143th, State administration of quality supervision, inspection and quarantine announced as of February 1, 2012) Chapter I General provisions

    First to ensure safety of cosmetics and health quality, protecting the health of consumers, in accordance with the People's Republic of China import and export commodity inspection Act and its regulations, the hygiene supervision over cosmetics regulations and the State Council on strengthening food safety supervision and administration of the special provisions and other laws, administrative laws and regulations, these measures are formulated.

    Second this approach is suitable for inclusion in the catalog of goods for inspection and quarantine of entry-exit inspection and quarantine institutions and relevant international treaties, laws and administrative regulations by the inspection and quarantine authorities, inspection and quarantine of cosmetics (including finished products and semi-finished products) and the supervision and administration of inspection and quarantine.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national inspection and quarantine supervision and administration of import and export of cosmetics.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the inspection and quarantine supervision and administration of import and export of cosmetics.

    Fourth article import and export of cosmetics producers and operators shall, in accordance with laws, administrative regulations and the relevant standards in production and business activities to ensure cosmetic safety, community and accountable to the public, subject to public supervision, and social responsibility.

    Chapter II inspection and quarantine of imported cosmetics

    Fifth inspection and quarantine institutions according to the technical norms of the State mandatory requirements as well as our country and the exporting country (region) signed a Protocol, protocol inspection and quarantine requirements imposed on imported cosmetics, inspection and quarantine.

    China's not technical norms of the State mandatory requirements, can refer to the AQSIQ specified foreign standards for testing. Article sixth imported cosmetics by the port inspection and quarantine inspection and quarantine institutions.

    AQSIQ required by facilitating trade and inward inspection tasks, you can specify the test in other locations. Seventh inspection and quarantine institutions of consignees of imported cosmetics to implement records management.

    Consignee of import cosmetics should faithfully record the flow of imported cosmetics, and records retained for periods of not less than 2 years.

    Article eighth of imported cosmetics consignee or his agent shall, in accordance with relevant provisions of General Administration of quality supervision and quarantine, along with record number of consignee.

    First import of cosmetics should be provided with the following documents:

    (A) comply with the relevant provisions of the State requirements, normal use no human health hazard statement;

    (B) product formulations;

    (C) national implementation of health permission cosmetics or filing, shall be submitted to the relevant State authorities approved imports of cosmetic hygiene permit or filing documents;

    (D) national health permission cosmetics or filing is not enforced, should provide the following materials:

    1. the institutions with related qualification certificate issued by the material there could be security risks on security assessment information;

    2. in the production countries (regions) allows for the production and sale of documents or certificates of origin;

    (E) sales packaging cosmetics finished among the top four entries, the proofs shall be submitted to the Chinese label and label in foreign languages and translation;

    (Vi) non-packaging cosmetic products should also be provided, including the product name, quantity/weight, size, origin, production batch, and used within a date (date and shelf life), add package destination name, add packaging factory name, address, contact information;

    (VII) other files required by AQSIQ.

    Provide copies of the above-mentioned documents, shall also submit the original.

    Nineth imported cosmetics, having received prior to inspection and quarantine certificates, inspection and quarantine agencies shall be deposited in a place designated or approved, without permission of the inspection and quarantine authorities, without authorization, no unit or individual is allowed to transfer, sale and use.

    Tenth after the inspection and quarantine agencies to accept inspection, inspection and quarantine of imported cosmetics, including keeping samples of on-site inspection, sampling, and laboratory tests, certification, etc.

    11th on-site inspection including conformity with article, product packaging, labels, layout formats, product organoleptic characteristics, means of transport, containers and storage areas of health. 12th imported cosmetic product labels should be consistent with China's relevant laws, administrative regulations and the compulsory requirements of the technical norms of the State.

    Inspection and quarantine authorities on cosmetic labels whether the content in line with laws, administrative regulations, audit requirements, related to the quality of the test the truthfulness and accuracy of the content. 13th sampling should be performed in accordance with the relevant provisions of the State of import cosmetics, number of samples should satisfy the inspection, re-inspection, for reference use.

    The following, additional sampling shall be:

    (A) imported for the first time;

    (B) quality and safety issues have appeared;

    (C) imported in larger quantities.

    When sampling, inspection and quarantine authorities should issue a printed serial number, stamped with the seal of inspection and quarantine of the voucher/sampling, sampling and the consignee or his agent shall be signed by both parties. Samples should be carried out in accordance with the relevant provisions of the State administration, to save samples in sample 4 months after, cosmetics for special use to save samples in one year after the certificate was issued, failed samples shall be kept until the end of the shelf life.

    Relates to the investigation of cases of samples shall be kept until the end of the case. Article 14th needed for laboratory testing, inspection and quarantine authorities should establish inspection projects and inspection requirements, and samples will be sent with the relevant qualifications of inspection bodies.

    Inspection bodies shall, according to requirements to carry out the inspection and issue an inspection report in the time allotted. 15th article import of cosmetics by the inspection and quarantine, inspection and quarantine of entry of goods inspection certificate issued by the Agency, setting out the name, brand, country of origin of the goods (region), specification, quantity/weight, the production batch number and production date.

    The entry inspection and quarantine of goods, imported cosmetics prove after the sale and use. Inspection and quarantine of imported cosmetics by unqualified, relating to safety, health, environmental protection, the inspection and quarantine authorities shall order the parties to destroy or return processing notice issued by by the Parties apply for return procedures.

    Other items are not qualified, and can be carried out under the supervision of inspection and quarantine institutions of technology, again after passing the inspection, may be sold, and used.

    16th duty-free cosmetics of the consignee to the local inspection and quarantine authorities when applying for the record, shall provide the name, address, legal representative of the enterprise, authorities, business scope, list of contacts, contacts, products, and other related information. 17th the departure duty-free cosmetics should be the import inspection may be exempted from affix labels, from the label's compliance testing.

    In the inspection certificate of entry of goods indicated on the product only for the departure duty-free shop sales.

    First import the departure duty-free cosmetics, issued by the supplier of the product quality and safety should be provided in accordance with relevant provisions of China's statement, foreign officials or agencies issuing free sales certificate or certificates of origin issued, with relevant qualifications there could be security risks of material relating to the safety assessment of materials, product formulas, and so on.

    Islands duty-free cosmetics, AQSIQ on inspection and quarantine supervision and management, and specific measures separately.

    Chapter III inspection and quarantine of exporting cosmetics Article 18th cosmetic cosmetics manufacturers should ensure that its own exports meet importing countries (regional) standards or requirements of the contract.

    Importing countries (regions) no relevant standards and contract requirements and to standards specified by the AQSIQ. 19th the AQSIQ on the export of cosmetics manufacturing enterprises to implement records management.

    The specific measures shall be formulated separately by the State administration of quality supervision.

    Article 20th cosmetics by the inspection and quarantine authorities to carry out the inspection and quarantine, inspection and quarantine institutions to implement port inspection.

    Port inspection and quarantine authorities should be identification of the origin of failed communications and inspection and quarantine institutions and regulation will not pass information reported higher inspection and quarantine authorities. 21st export cosmetics production enterprise shall set up effective operation of the quality management system and continually.

    Inspection and quarantine institutions of exported cosmetics manufacturers quality management systems and operation of daily supervision and inspection.

    22nd export production enterprise shall set up cosmetic raw materials purchase, acceptance, the use of management systems, require suppliers to provide certificates of raw material.

    Exporting cosmetics production enterprises shall establish production records record of safety management of cosmetics production process.

    Exporting cosmetics manufacturer inspection record system should be established, in accordance with the relevant provisions of its export of cosmetics for testing to ensure product conformity.

    Such records shall be true to the period of not less than 2 years. Article 23rd cosmetics shipper or his agent shall, in accordance with relevant provisions of General Administration of quality supervision and quarantine.

    First exports of cosmetics should be provided with the following documents:

    (A) export cosmetics business license, health permit, production permit, production enterprise archival materials and other proof required by laws or administrative regulations; (B) claim.

    Statement cosmetics comply with importing countries (regions) requirements of the relevant regulations and standards, normal use does not harm to human health and so on;

    (C) product formulations;

    (D) sales packaging cosmetic products label proof and the Chinese translation of foreign languages shall be submitted;

    (E) sales packaging cosmetics products for special use shall provide appropriate health permit or have relevant qualification certificate of relevant safety information for security risk material.

    Provide copies of the above-mentioned documents, shall also submit the original.

    24th after the inspection and quarantine agencies to accept inspection, inspection and quarantine of exported cosmetics, including keeping samples of on-site inspection, sampling, and laboratory tests, certification, etc.
25th on-site inspection including conformity with article, sensory properties of products, product packaging, labels, layout formats, means of transport, containers and storage areas of health.

    Article 26th cosmetics sampling should be performed in accordance with the relevant provisions of the State, number of samples should satisfy the inspection, re-inspection, for reference use.

    When sampling, inspection and quarantine authorities should issue a printed serial number, stamped with the seal of inspection and quarantine of the voucher/sampling, samples and the consignor or his agent shall be signed by both parties. Samples should be carried out in accordance with the relevant provisions of the State administration, to save samples in sample 4 months after, cosmetics for special use to save samples in one year after the certificate was issued, failed samples shall be kept until the end of the shelf life.

    Relates to the investigation of cases of samples shall be kept until the end of the case. Article 27th needed for laboratory testing, inspection and quarantine authorities should establish inspection projects and inspection requirements, and samples will be sent with the relevant qualifications of inspection bodies.

    Inspection bodies shall, according to requirements to carry out the inspection and issue an inspection report in the time allotted. 28th cosmetics by the inspection and quarantine of export, clearance certificate issued by the inspection and quarantine authorities in accordance with the provisions.

    Importing countries (regions) on the certificate of inspection and quarantine requirements shall be in accordance with the requirements relevant inspection and quarantine certificate issued by. Exporting cosmetics failed to pass the inspection and quarantine, can be carried out under the supervision of inspection and quarantine institutions of technology, the newly-qualified inspection and quarantine and export.

    Treatment is not possible, or treated again failed to pass the tests, are not allowed to export.

    29th for processing all export of cosmetics, material imported, exported can be provided in the proposed countries (region) regulations or standards of evidence document may be exempted from inspection in accordance with standard; processed products, in accordance with the importing country (region) of the standards of inspection and quarantine.

    The fourth chapter of non-trade cosmetics, inspection and quarantine Article 30th cosmetic health license or record samples, enterprise development and promotion of non-trial samples, import inspection by the consignee or his agent shall provide samples of use and disposal of information notes and non-marketing undertaking, port of entry inspection and quarantine authorities for approval for the record, in the scope of fair use may be exempted from examination.

    Consignee shall faithfully record the flow of cosmetics, and records retained for periods of not less than 2 years. 31st article import non-trial or non-sales-exhibits, inspection should be provided when organiser (head) unit proof of participation may be exempted from examination.

    After the exhibition ended, returned or destroyed under the supervision of the inspection and quarantine authorities.

    Article 32nd carried, mailed personal use of cosmetics (including gifts), need to be quarantined at the port of entry should be quarantined. Article 33rd foreign official institutions of foreign countries and international organizations import their own cosmetics, location of the port of entry inspection and quarantine institutions implementation.

    Foreign and international organizations in China's official agencies articles for import inspection and quarantine regulations, exempt from inspection.

    Supervision and administration of the fifth chapter

    Article 34th person disagrees with the results of testing and application of inspection and quarantine for retesting, retest in accordance with relevant regulations of the State.

    35th inspection and quarantine agency classification management system for import and export of cosmetics producers. 36th of inspection and quarantine institutions to import cosmetics consignee, consignor of export of cosmetics manufacturing enterprises and implementation management.

    The poor record of, inspection and quarantine and supervision should be strengthened. 37th state quality inspection administration risk-monitoring system for import and export of cosmetics safety, organizations in the development and implementation of annual imports and exports cosmetic safety risk monitoring plan.

    According to the State administration of quality supervision inspection and quarantine agencies import and export of cosmetics safety risk monitoring plan and jurisdiction of organization of the import and export of cosmetics to implement monitoring and reporting the results.

    Inspection and quarantine agencies shall, in accordance with the import and export of cosmetics risk monitoring, risk adjustment to the import and export of cosmetics on the basis of the classification of inspection and quarantine and regulatory measures. 38th State quality inspection Administration on import and export of cosmetics to establish risk alarm and rapid response mechanisms.

    Import and export of quality safety of cosmetics or cosmetic products quality safety issues at home and abroad that may affect the import and export of cosmetics safety, the State General Administration of quality supervision and inspection and quarantine agencies shall promptly start risk early warning mechanism, quick response.

    39th AQSIQ can according to the type and level of risk, and rapid response measures below are determined and announced:

    (A) conditions to restrict the import, include strict monitoring, tightened inspection, shall be ordered to recall and so on;

    (B) prohibit the import and export, destroyed or returned;

    (C) start the import and export of cosmetics safety contingency plans.

    Inspection and quarantine authorities are responsible for the implementation of rapid response measures. 40th article of uncertain risk, AQSIQ can refer to the international practices in directly without a risk assessment, temporary or emergency rapid-response measures.

    Meanwhile, collection and add the relevant information and data in a timely manner, conducting risk assessments, determine the type and level of risk. 41st article import cosmetics there are security issues, or of damage to human health and safety, the consignee shall voluntarily recalled and immediately report to the local inspection and quarantine authorities. Consignee shall be announced to the public for information, notify the seller to stop sales, advised consumers to stop using the recalled record. Consignee does not take the initiative to recall, inspection and quarantine authorities may order the recall.

    If necessary, the AQSIQ shall order its recall.

    Exporting cosmetics there are security issues, or of damage to human health and safety, exports cosmetics production enterprises shall take effective measures and to immediately report to the local inspection and quarantine authorities.

    Inspection and quarantine institutions within their jurisdiction should be recalled to the AQSIQ report.

    42nd inspection and quarantine agencies for these measures must be approved by the inspection of import and export inspection and quarantine institutions other than cosmetic cosmetics of import and export, in accordance with national provisions implementing a random inspection.

    The sixth chapter legal liability

    Article 43rd without permission of the inspection and quarantine authorities, permission has not yet been tested and quarantine inspection of imported cosmetics away from designated or authorized custody, has illegally obtained, by the inspection and quarantine authorities fined a maximum of 3 times the illegal income, up to 30,000 yuan; no illegal gains and fines of between 10,000 yuan.

    44th will import non-trial or non-sales cosmetics exhibits for trial or sales, has illegally obtained, by the inspection and quarantine authorities fined a maximum of 3 times the illegal income, up to 30,000 yuan; no illegal proceeds, fines of between 10,000 yuan.

    Article 45th does not perform the obligation of return, destruction, by the inspection and quarantine institutions fined 10,000 yuan fine.

    Article 46th inspection and quarantine authorities who leak confidential the business secrets shall be given administrative sanctions, has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.

    47th article import and export of cosmetics production operators, inspection and quarantine staff of other illegal acts in accordance with the relevant provisions of laws and administrative regulations.

    The seventh chapter by-laws

    48th article of the approach is the meaning of the following terms:

    (A) refers to the painting, cleaning, cosmetics scattered in any part of the body (skin, hair, nails, lips, and so on) or the mucous membranes of the mouth, teeth, in order to achieve clean, eliminate the bad odour, skin care products, beauty and cosmetic purposes;

    (B) cosmetic means the last line of semi-finished products "filling" or "packaging" processes, through the production process of other cosmetic;

    (C) packaging cosmetics cosmetic products, including sales and non-sales of finished products packaging cosmetic products;

    (D) packaging cosmetics sales refers to sales of finished products as the main purpose had already been sold to packaging, reaching consumers with the contents of the cosmetic product;

    (E) non-sales packaging cosmetic products is the final process of contact has been completed, but there is no sales packaging of cosmetic products.

    49th article of the approach by the AQSIQ to interpret. 50th article this way come into force February 1, 2012. Former State administration for entry-exit inspection and Quarantine Bureau on April 1, 2000 the import and export of cosmetics of administrative measures on supervision and inspection (21st) repealed simultaneously.