Following a governmental bodies' reorganization, the State
Food and Drug Administration ("SFDA")
has officially taken over the authority from the Ministry of Health
("MOH") to examine and approve all
application for cosmetic products registration in China since
September 2008. As such, SFDA has just promulgated the Cosmetics
Product Administrative Application and Acceptance Rules (the
"Rules") on 25 December 2009.
The Rules aim to integrate and supersede the former relevant
registration rules and regulations previously issued by MOH and
will be implemented as from 1 April 2010.
Behind the promulgation of the Rules, SFDA wanted to clearly
state that it is now the sole competent authority responsible for
registration of cosmetics.
The Rules apply to the registration of cosmetics raw materials,
home-made cosmetics products for special purposes (such as hair
growth, hair dye and hair perm products, depilation products, body
building products, deodorant products or sun-care products) and
imported cosmetics products.
Compared with the former registration system, the Rules
introduce a new step in the application process. Prior to
submission of any application to SFDA, all applicants will be now
required to first fill in an online application after logging in to
SFDA's online registration system. It can also be noticed that
the power of attorney authorizing a local agent to handle the
registration procedure with SFDA will have now to be registered
with SFDA before submission of the registration application. Only
overseas applicants must entrust a local agent whereas domestic
applicants including Chinese subsidiary of foreign investors are
allowed to directly apply to SFDA.
The Rules establish a unified regulatory framework for the
registration application of cosmetics and cosmetics raw materials.
Most of the provisions remain however very general and it is
expected that SFDA will arrange a press release to specify the
relevant detailed implementation rules for public guidance in the
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