Draft measures for the supervision and administration of cosmetics online operations in China have been issued by the National Medical Products Administration (NMPA).
The measures intend to regulate the online operation of cosmetics and the service behaviour of cosmetics e-commerce platforms, with the ultimate aim of ensuring public safety when using cosmetics.
These Measures do not apply to cosmetics e-commerce operators engaged in cross-border e-commerce retail import of cosmetics. However, such operators shall comply with the relevant provisions of the State on the supervision of cross-border e-commerce retail imported goods.
These Measures have been developed in line with:
- “E-commerce Law of the People’s Republic of China”,
- “Cosmetics supervision and administration regulations (CSAR)”,
- “Measures for the Supervision and Administration of the Production and Operation of Cosmetics”,
- “Measures for the Supervision and Administration of Online Transactions”,
- and other laws and regulations and rules.
Draft measures for the supervision and administration of cosmetics online operations – key highlights
These Measures apply to:
- those engaged in cosmetics business online
- the provision of cosmetics e-commerce platform services
- their supervision and management within the territory of the People’s Republic of China.
Cosmetics e-commerce operators include:
- cosmetics e-commerce platform operators
- cosmetics operators within the platform
- e-commerce operators that operate cosmetics through self-built websites or other network services. Those who operate cosmetics through self-built websites or other network services shall perform the obligations of cosmetics operators on the platform as provided for in these Measures.
Cosmetics e-commerce platform operators – overall management responsibilities – Article 7
Cosmetics e-commerce platform operators shall bear the responsibility for the management of cosmetics operators on the platform in accordance with law. Ecommerce platform operators shall establish and effectively implement cosmetics quality and safety management systems such as:
- real-name registration
- daily inspection
- suppression and reporting of illegal acts
- complaint handling and reports.
Cosmetics e-commerce platform operators shall formulate platform service agreements and trading rules in accordance with the relevant requirements of the E-commerce Law of the People’s Republic of China.
Quality and Safety Departments – Article 8
Cosmetics e-commerce platform operators shall set up cosmetics quality and safety management departments or appoint full-time and part-time quality and safety management personnel, who shall be responsible for establishing and organizing the implementation of cosmetics quality and safety management systems and organizing daily inspections of the business conduct of cosmetics operators on the platform.
Inspections by cosmetics e-commerce platform operators – Articles 10-13
Cosmetics e-commerce platform operators shall establish a daily inspection system for cosmetics operators within the platform, and routine inspections include inspections of the release of product information on the Network, inspections of daily business conduct, and so forth.
- Cosmetics e-commerce platform operators shall carry out online inspections when cosmetics operators on the platform publish cosmetics product information, verifying:
- the product name
- special cosmetics registration certificate number
- standard number of product implementation
- and other information released by cosmetics operators on the platform
- consistency with the corresponding product information published on the official website of the State Drug Administration.
- Cosmetics e-commerce platform operators shall periodically organize inspections of cosmetics business conduct on the platform for fraudulent use of other cosmetic registration or filing numbers and the correct labeling of cosmetics
- Cosmetics e-commerce platform operators should adopt sampling inspections to monitor the quality of cosmetics sold on the platform
- Cosmetics e-commerce platform operators shall carry out self-inspection of the platform and proactively collect regulatory disclosure information related to product quality and safety, such as sampling inspections, or the suspension of cosmetics operations issued by drug supervision and management departments at the provincial level or above.
Suppression of illegal conduct – Articles 14 & 15
- When carrying out routine inspections, self-examination of regulatory disclosure information, or other quality and safety management activities, cosmetics e-commerce platform operators suspect illegal conduct then necessary measures such as deleting, blocking, or disconnecting links shall be promptly undertaken in accordance with law or in accordance with the platform service agreement and trading rules, and the evidentiary materials suspected of illegal operation shall be saved.
- Cosmetics e-commerce platform operators shall forward the clues discovered that cosmetics operators in the platform are suspected of illegal operations to the provincial drug supervision and management department of the place where the cosmetics operators actually operate on the platform.
- Cosmetics e-commerce platform operators shall report in writing every quarter on cosmetics that are suspected of illegal business activities and disposal measures of cosmetics operators on the platform discovered on the platform.
Management of cosmetics operators within the platform – Articles 19-20
- Cosmetics operators on the platform shall:
- establish and implement a purchase inspection record system
- check the direct supplier’s market entity registration certificate special cosmetics registration certificate or ordinary cosmetics filing information
- check cosmetics product quality inspection certificate
- save relevant certificates
- truthfully record the name of cosmetics, the special cosmetics registration certificate number or ordinary cosmetics filing number,
- the period of use, the net content, the quantity purchased, the name, address, and contact information of the supplier, date of purchase, etc.
- where children’s cosmetics are traded, they should also check the logos of children’s cosmetics, and check the label information of the children’s cosmetics they are dealing with corresponds with the product information published on the official website of the State Drug Administration.
- Cosmetics operators on the platform are encouraged to display special cosmetics registration certificates or ordinary cosmetics filing information for the cosmetics they operate on the main page of their business activities.
Risk management – Articles 21-23
- Cosmetics operators on the platform shall pay attention to the regulatory public disclosure information in terms of the quality and safety of the cosmetics they operate.
- The local or provincial Medical Products Administration (MPA) is responsible for conducting sampling inspections and if a specific batch of cosmetics does not meet the requirements, then the cosmetics operator on the platform should immediately stop operating the batch of products.
- Cosmetics business operators on the platform who discover that the cosmetics they sell have quality defects or other problems that may endanger human health, they shall immediately stop the business and notify the relevant cosmetics registrants and filers.
- Cosmetics registrants and filers shall carry out recalls in accordance with law. Cosmetics operators on the platform shall store and transport cosmetics in accordance with the provisions of relevant laws and regulations and the requirements of cosmetic label labels, and regularly inspect and promptly dispose of cosmetics that have deteriorated or exceeded the period of use.
Powers of supervision and management
- Medical Products Administrations shall supervise and inspect cosmetics e-commerce operators in accordance with law.
- When the department responsible for drug supervision and management supervises and inspects cosmetics e-commerce operators, it has the right to take the following measures in accordance with law:
- Carry out on-site inspections of venues related to the development of cosmetics network operations and cosmetics e-commerce platform services
- Conduct sampling inspections of cosmetics operated on the Internet
- Consult and reproduce contracts, bills, account books, and other relevant materials related to suspected illegal cosmetics network business activities
- Collect, retrieve, or reproduce electronic data related to suspected illegal cosmetics network business activities
- Question parties suspected of engaging in illegal cosmetics network business activities, and investigate and learn about the situation from natural persons, legal persons, and unincorporated organizations related to suspected illegal cosmetics network business activities;
- Employ sealing or seizure measures in accordance with law for cosmetics and raw materials that do not meet mandatory national standards or technical specifications or have evidence to prove that they may endanger human health, packaging materials that are in direct contact with cosmetics, and tools and equipment that have evidence to prove that they are used for illegal production and operation
- Lawfully seal up places that illegally engage in cosmetics network business activities
- Other measures that laws and regulations provide may be employed.
If you would like to learn more about “Measures for the Supervision and Administration of Cosmetics Network Operations” (Draft for Solicitation of Comments) or our registration and CRO services for pharmaceuticals, medical devices, IVDs, cosmetics, health foods, industrial or consumer goods contact Cisema.