"Rule the Internet by the Internet"! The first cosmetics network management regulation issued!
On April 4, 2023, the official website of the State Drug Administration issued the "Measures for the Supervision and Administration of Cosmetics Online Business", which will take effect from September 1, 2023.
The "Measures for the Supervision and Administration of Cosmetics Network Operation" clarifies the regulatory requirements for the following
On April 4, 2023, the official website of the State Drug Administration issued the "Measures for the Supervision and Administration of Cosmetics Online Business", which will take effect from September 1, 2023.
"Measures for the Supervision and Administration of Cosmetics Network Operation" clearly defines the regulatory requirements for the following cosmetics enterprises:
• Cosmetics e-commerce Platform operators
• Cosmetics Operators within the platform
• E-commerce operators operating cosmetics through self-built websites and other online services (fulfilling the obligations of cosmetics operators within the platform)
The Measures for the Supervision and Administration of Cosmetics Online Business are not applicable to the supervision of cross-border e-commerce retail imported cosmetics.
Quality and safety management system
Cosmetics e-commerce platform operators (hereinafter referred to as “ Platform ”) It shall undertake the management responsibility of cosmetics operators within the platform according to law, set up a cosmetics quality and safety management organization or quality and safety management personnel (can be part-time), establish and effectively implement the following cosmetics quality and safety management system, and cosmetics operators within the platform shall cooperate with:
► Real name registration
► Daily check
► Stop and report violations
► Complaint Handling
Cosmetics operators within the
platform (including e-commerce operators operating cosmetics through self-built websites and other online services, the same below) shall establish and implement the purchase inspection record system, including:
◆ Check and retain relevant credentials:
1. Business license of direct supplier;
2. Registration and filing information;
3. Cosmetic product quality inspection certificate;
4. Children's cosmetics should also be checked: children's cosmetics label, and its label information is consistent with the corresponding product information published on the official website of the State Food and Drug Administration.
◆ Record:
1. Name of cosmetics;
2. Registration number;
3. Service life;
4. Net content;
5. Quantity purchased;
6. Supplier information, including: supplier name, address, contact information;
7. Purchase date.
Check-in and routine inspection
Enterprise entry:
The
platform shall verify the identity, address, contact information and other information of the cosmetics operator when the cosmetics operator settles in, and establish a registration file.
The above information should be checked and updated at least every 6 months.
After the cosmetics operator exits the platform, the above information should be kept for at least 3 years.
Product information Release:
The cosmetics operator in the platform shall display all the contents of the cosmetics label on the product page. Among them, the product name and the standard of product execution need to be displayed in text form in a prominent place on the product display page. The display information shall be consistent with the registration and filing information. At the same time, cosmetics operators within the platform are encouraged to display cosmetics registration information.
When cosmetics operators in the platform publish cosmetic product information on the platform, the platform shall check whether the product name, special cosmetics registration certificate number, product implementation standard number and other information is consistent with the information published on the official website of the State Food and Drug Administration.
Daily check:
The
platform should have an inspection plan and organize inspections regularly:
① Whether the cosmetics operated by the cosmetics operators in the platform have failed to register and record, or illegally used the registration and record number of others;
② Whether the cosmetic label is consistent with the information published on the official website of the National Food and Drug Administration;
③ Whether the cosmetic label information has any content prohibited by laws and regulations such as promoting medical effects, false or misleading, violating social public order and good customs.
encourages the platform to regularly monitor the quality and safety of cosmetics operated on its platform, such as sampling inspection, to investigate product quality and safety risks.
Daily inspection records should be formed and kept for at least 2 years. The inspection record at least includes the identity information of the inspected, what was checked, the result of the inspection, and the disposal measures.
Quality and Safety Risk control
The platform should take the initiative to collect the sampling inspection, suspension and other regulatory public information related to product quality and safety issued by the State Food and Drug Administration and the provincial food and drug Administration.
The platform shall immediately stop the illegal operation of cosmetics, and the cosmetics operators in the platform shall immediately stop providing e-commerce platform services for serious illegal acts such as crime, detention and other public security management penalties, revocation of licenses, and order to suspend production and business operations.
If the platform finds that the cosmetics operated in the platform cause systemic damage to the human body or even endanger life resulting in death, or use of prohibited raw materials or illegal addition of substances that may harm human health and other major product quality and safety problems, it shall report to the provincial food and Drug Administration of the actual operation of the cosmetics operators in the platform within 10 days from the date of discovery.
The platform shall, on a quarterly basis, submit the illegal operations and disposal measures of cosmetics operators found in the platform to the provincial food and drug Administration where the platform is located in a written report.
The
platform should strengthen the publicity and training of cosmetics operators within the platform, and the content should at least include:
◆ Cosmetics related laws and regulations
◆ Legal obligations and liabilities of cosmetics operators within the platform
◆ Platform Service Agreement and trading rules
◆ Cosmetic information release requirements
Cosmetics operators in the platform shall cooperate with the platform to carry out daily inspections, supervise public information self-check and take measures to control risks, and pay attention to the quality and safety of cosmetics products related to the supervision of public information.
For the batch of unqualified samples by the drug regulatory department, the cosmetics operators in the platform shall immediately stop operating, as other batches of a variety continue to operate, and the regulatory public information of unqualified samples or the self-inspection report of the cosmetics registrant filing person for unqualified samples shall be publicized in a significant way for one year for consumers' reference.
Cosmetics operators in the platform found that the quality of the cosmetics sold may endanger human health, should immediately stop business, notify the registrant of the relevant cosmetics, and cooperate with the completion of product recall.
The cosmetics operators in the platform shall store and transport cosmetics according to the requirements of the cosmetics label, check the inventory regularly, and deal with the spoiled and expired cosmetics in time.
Supervisory management
The State Food and Drug Administration shall organize drug and drug administration at all levels to strengthen network operation monitoring by technical means and implement “ Govern the Internet by the net ” To strengthen the cooperation of drug administration departments in different jurisdictions, and to investigate and deal with illegal acts according to law.
The FDA has the right to take the following measures in accordance with law when conducting supervision and inspection:
◆ On-site inspection
◆ Product sampling inspection
◆ Review and copy relevant data
◆ Collect, retrieve and copy relevant electronic data
◆ Question the parties and investigate the relevant personnel and units
◆ Seal up and detain unqualified or potentially harmful cosmetics and their raw materials and packaging materials, as well as tools and equipment engaged in illegal production and business
◆ Seal up illegal business premises
◆ Other measures that can be taken according to laws and regulations
When the drug regulatory department of a non-local jurisdiction currently finds illegal business clues, fixed evidence and relevant information shall be initially collected and handed over to the drug regulatory department in the place where the cosmetics operator actually operates within the platform for processing.
If the drug regulatory department in the place where the cosmetics operator actually operates within the platform considers that the illegal business behavior involves quality and safety, it shall promptly report to the drug regulatory department at the same level as the cosmetics registrant record person or the domestic responsible person's residence marked on the cosmetics label, and the drug regulatory department in the place where the cosmetics registrant record person or the domestic responsible person's residence investigated and punished the illegal behavior according to law.
If the drug regulatory department finds that the cosmetics cause human injury or may harm human health, it shall report to the provincial drug regulatory department step by step, and require the platform to take risk control measures according to law, and the platform shall take measures to delete, shield, disconnect and other measures to control the risk according to law.
Consultation
400-115-9001