| I.Project name: Administrative approval for imported special-use cosmetics
II.Contents of licensing: Renewal of administrative approval for imported special-use cosmetics
III.Legal basis for establishment and implementation of the licensing: “Regulations on Cosmetics Hygiene Supervision”, “Detailed Rules for the Implementation of Regulations on Cosmetics Hygiene Supervision”, “Health Administrative Approval Procedures for Health-Related Products”, “Regulations for the Application & Acceptance of Cosmetics Administrative Approval”, and “Essentials for Acceptance & Review of Cosmetics Administrative Approval ”
IV.Fees: No charge
V.Quantity restrictions: No quantity limit for the licensing
VI.List of application documents:
Data number (1) Cosmetics administrative approval renewal application form;
Data number (2) Original approval documents for cosmetics administrative approval;
Data number (3) Basis for nomenclature of the product (except for those products whose initial application has been submitted and whose name is unchanged);
Data number (4) Product formulas.
Data number (5) Product quality and safety control requirements;
Data number (6) Product packaging design (including product labels and product brochures);
Data number (7) Copies of the certificate of entrustment and business licenses of recorded units responsible for Administrative approval in China, the copies shall be stamped with the official seal
Data number (8) For Talc-based products, if the initial application did not submit the asbestos testing reports, when applying for renewal, such reports shall be submitted in line with the “Regulations for Cosmetics Administrative Approval Tests” (SFDA Department of administrative approval [2010] 82);
Data number (9) For products that did not submit in initial application the safety evaluation documents related to substances with potential safety hazards, when applying for renewal, the applicant shall submit information in accordance with the following conditions:
1.If judgments have been made through hazard identification that the product contains no substance with potential safety hazards, the applicant shall submit the appropriate letter of commitment; such LOCs before April 1, 2011 can do without the analysis procedures for hazard identification and the reasons for absence of safety risk substances, etc.;
2.If judgments have been made through hazard identification that the product contains substance with potential safety hazards, the applicant shall submit the appropriate risk evaluation information in accordance with the “Guidelines for Risk Evaluation of Cosmetic Substances with Potential Safety Hazards”;
Data number (10)Additional information that may be useful for administrative approval;
Data number (11)Text version and electronic version of the product technical requirements.
A commercially available and unopened product shall be attached
VII.Requirements for application dossier:
(I)General requirements for the dossier:
1.1 set of original application dossier shall be submitted.
2.Except for the testing reports, notarized documents, official documents and third-party documents, the original dossier should be stamped page by page or cross-page stamped by the applicant; and the original dossier of imported cosmetics (with new material) should be stamped page by page or cross-page stamped by the units responsible for administrative approval in China.
3.The application dossier shall be printed in A4 size paper, marked with clear distinction signs, arranged in a predetermined order, and bound into a book.
4.Chinese legal units of measurement shall be used.
5.The contents of application should be complete, clear, and consistent.
6.All foreign languages (excl. overseas addresses, URLs, registered trademarks, patent names, SPF, PFA or PA, UVA, UVB, etc., which must be in foreign language) should be translated into standard Chinese, the translated test shall be attached to the corresponding foreign materials.
7.For re-registration after termination of application, the grounds for application termination and re-registration shall be provided; for re-registration after disapproval of administrative approval, the applicant should submit a copy of the written decision for disapproval of administrative approval (change/renewal) and a written explanation stating whether the disapproval was concerned with product safety reasons, and state the reasons for re-registration.
8.If the applicants failed to apply for renewal within the time line stipulated in the “Regulations for Application & Acceptance of Cosmetics Administrative Approval” (SFDA Department of administrative approval 856 [2009] No.) (hereinafter referred to as the “Regulations for Acceptance”) due to the changes, correction, replacement of cosmetics administrative approval documents (Record keeping certificates), they shall apply for renewal within 15 days after obtaining the cosmetics administrative approval documents (Record keeping certificates) for changes, correction and replacement, but such applications shall be made four months before the expiry of the cosmetics administrative approval documents (Record keeping certificates).
9.Both the text version and the electronic version of the product formula should be submitted.
10.The contents of the two should be consistent.
11.Multiple products can be listed simultaneously in the certifying documents for production and sales, QMS or GMP, entrusted processing, and the documents proving manufacturers in different countries belong to the same group of companies If these products are applied simultaneously, one product may use the original documents, other products can use copies with a written statement of the name of the product using originals; if these products are not applied simultaneously, one product may use the original documents, while other products should use notarized copies, with a written statement of the name of the product using originals.
12.The electronic version of the technical requirements of the product should be filled in by the applicant by logging on CFDA cosmetic administrative approval online application system.
(II)Specific requirements for application document:
1.The dossier shall be submitted item by item.
2.The entries of the application form shall be filled in as per the instructions.
Letter of commitment (LOC) in the Administrative approval application form should be signed by legal representative of the manufacturer of imported cosmetics or new materials, or signed by the manufacturer’s authorized signatory or by the signatory of the units responsible for authorized administrative approval; the absence of official seal should be noted in the LOC’s textual place for the seal of the manufacturer.
LOC in the Administrative approval application form should be signed by legal representative, or signatory authorized by the legal representative of the units responsible for administrative approval in China, and stamped with its official seal.
The signing of the authorization and entrustment shall be accompanied with the notarized certificate of entrustment and its Chinese translation, which shall also be notarized to prove consistency with the original text. According to Article 24 of the “Requirements for Application Dossier for Cosmetics Administrative Approval “(hereinafter referred to as “Dossier Requirements”), each application for administrative approval shall be accompanied by the original certificate of entrustment or a notarized copy with written indication of the name of the product for which the original certificate of entrustment has been submitted. The contents of the signed authorization entrustment should not be included in the certificate of entrustment for units responsible for administrative approval in China.
3.Product quality and safety control requirements should include those performed in the country of origin (English version and Chinese translation), and the commitment ensuring compliance with “Hygienic Standards for Cosmetics”.
4.The application dossier for small size products without package inserts (such as lipstick, lip balm, etc.) or products whose instructions are printed on the containers should submit relevant explanations in the section of product package
VIII.Application process diagram:
IX.Approval procedures:
(I)Acceptance:
After the application is filed to the Administrative Acceptance Service Center, and the application dossier submitted is in accordance with the list in VI of this Notice, the format examination shall be conducted by the work staff of the Center in line with the “Regulations for Application & Acceptance of Cosmetics Administrative Approval” and relevant requirements. Where the application item is not subject to administrative approval according to law, a decision of non-acceptance shall be notified to the applicant immediately. Where the application item is not within the functions of the administrative authority, a decision of non-acceptance shall be made immediately, and the applicant shall be informed to launch the application to relevant administrative authority. Where in the application dossier, there are errors that can be corrected on the spot, the applicant shall be allowed to make the corrections on the spot. Where the application dossier is incomplete or does not meet the statutory format, the applicant shall be informed of all the supplements and amendments to be made once and for all on the spot or within five days. If the applicant is not informed within the above-mentioned period, the application shall be deemed as accepted from date of receipt of application materials. Where the application dossier is within the functions of the administrative authority, the application materials are complete and comply with the statutory format, or where the applicant has submitted all supplements and amendments in accordance with the requirements of the administrative authority, the application for administrative approval shall be accepted.
(II)Technical review:
CFDA Center for Health Food Evaluation shall organize relevant experts and technical personnel to conduct technical review for the application dossier within 90 days. If the applicant applies for re-examination of the technical review decision of proposed disapproval of administrative approval (Notice on disapproval of administrative approval), Center for Health Food Evaluation (CHFE) shall extend the timeline of technical review and organize experts for re-examination; when necessary, CHFE shall review the product again and issue the decision of technical review according the results of re-examination.
(III)Decision of administrative examination and approval:
CFDA shall complete the administrative inspection within 20 days after receipt of the technical review conclusions, and make decision for approval or disapproval of administrative approval according to law; if a decision cannot be made within 20 days, CFDA shall grant an extension of 10 days, and issue a “Notice on the Extension of Administrative Approval” to inform the applicant of the grounds for extension.
(IV)Delivery:
CFDA shall, within 10 days as from the decision of administrative approval, issue and deliver the related certificates for administrative approval.
X.Commitment time frame:
(I)Acceptance: Administrative Acceptance Service Center shall make a decision of acceptance or rejection within 5 days upon receipt of the application dossier.
(II)Technical review: 90 days
(III)Administrative approval decision: CFDA shall make the approval decision within 20 days; if a decision cannot be made within 20 days, CFDA shall grant an extension of 10 days, and issue a “Notice on the Extension of Administrative Approval” to inform the applicant of the grounds for extension.
(IV) Delivery: CFDA shall, within 10 days as from the decision of administrative approval, issue and deliver the related certificates for administrative approval.
XI.Authority of Implementation:
Implemented by: CFDA
Accepted at: CFDA Administrative Service Center
XII.License validity and renewal:
Cosmetics administrative approval documents shall be valid for four years.
For extension of the validity of cosmetics administrative approval documents, the applicant shall apply in 4 months before the expiry of the approval documents
XIII.Annual inspection or annual review of the license: None
XIV.Institutions for inquiries and complaints:
Inquiries: CFDA
Complaints: CFDA Bureau of Investigation and Enforcement, Department of Legal Affairs
Note: The time frame of this Notice counts on working days, excluding legal holidays |
