Beijing News (Reporter Wang Jun) With the improvement of people's consumption level and the increasing demand for beauty, cosmetics have gradually become an indispensable part of everyone's daily life. my country is the second largest cosmetics market in the world, with an average annual growth rate of more than 10% in recent years.

  However, at the same time as the rapid development of the cosmetics industry, there are also problems such as low quality and efficiency of the industry's development, insufficient innovation capacity, low brand recognition, and illegal additions.

  A few days ago, Premier Li Keqiang of the State Council signed an order from the State Council, promulgating the "Regulations on the Supervision and Administration of Cosmetics", which will take effect on January 1, 2021.

  The "Regulations" regulate the situation of exaggerating the efficacy of cosmetics at will, requiring that cosmetic labels be prohibited from expressing or implying medical effects, and false or misleading content be prohibited.

  In addition, the penalties will be increased and the amount of fines will be greatly increased. The "punishment to person" provision is added to impose fines on the legal representative or main person in charge of the unit that is in serious violation of the law, and the person in charge who is directly responsible.

First proposed the concept of registrant and filer

  The “Regulations” first proposed the system of cosmetics registrants and filers. The cosmetics registrants and filers bear the main responsibility for the declaration of cosmetics quality safety and efficacy, and at the same time define the legal responsibilities of each enterprise main body in the production and operation activities.

  Dong Shufen, Technical Director of China Perfume, Flavors and Cosmetics Industry Association explained that in the current regulations, responsible companies are usually called "manufacturing companies" or "producers". Although there are detailed rules or corresponding explanations, they are easy to understand literally and the actual products The production enterprises are confused, resulting in unclear responsibilities and unclear identification, especially for products that have been commissioned for processing.

  According to reports, there are currently more than 70,000 companies registering cosmetics in my country, of which more than 5,000 hold production licenses. According to incomplete statistics, more than 90% of enterprises use commissioned methods to organize production, and more than 75% of products are commissioned products.

  "Regulations" continue to retain the production form of entrusted processing, clarifying that cosmetics registrants and filing parties can produce cosmetics on their own; they can also entrust enterprises with corresponding cosmetics production licenses to produce cosmetics, confirming the quality and safety responsibilities of the entrusted enterprises. The entrusted production enterprises are responsible for the production activities and bear corresponding responsibilities for the quality and safety of the entrusted products.

Freckle whitening, sunscreen, etc. are included in the management of ordinary cosmetics for special cosmetic toothpaste

  Cosmetics are used directly on the human body, and their quality is of paramount importance. The “Regulations” classify cosmetics into special cosmetics and ordinary cosmetics according to the degree of risk.

  Song Hualin, a professor at the Law School of Nankai University, said that cosmetics supervision is a typical risk supervision. "There is no zero risk in modern society. For cosmetics supervision, a specific level of risk should be determined, and a higher degree of intervention should be introduced to supervise the risks above this level; for risks below this level, choose Supervise with less intervention.”

  The "Regulations" stipulates that cosmetics used for hair coloring, perming, freckle and whitening, sun protection, anti-hair loss, and cosmetics that claim new effects are special cosmetics. The adjusted special cosmetics will continue to implement registration management with product safety as the bottom line. Other new cosmetic raw materials are subject to record management.

  It is worth noting that the "Regulations" will include toothpaste in the management of ordinary cosmetics. After evaluating the efficacy of toothpaste filers in accordance with national standards and industry standards, they can claim that toothpaste has the effects of preventing caries, inhibiting plaque, resisting dentin sensitivity, and reducing gum problems. The specific management measures shall be formulated by the drug regulatory department of the State Council and reported to the market regulatory department of the State Council for review and release.

  In addition, for cosmetics registered for hair growth, hair removal, beauty milk, bodybuilding, and deodorization that have been registered before the implementation of the Regulations, a transition period of 5 years shall be set from the date of implementation of this Regulation. During the transition period, production, import, After the transition period expires, the cosmetics shall not be produced, imported or sold.

Prohibition of cosmetics labels expressing or implying medical effects

  At present, there are situations in the cosmetics industry that exaggerate the efficacy of cosmetics at will. The "Regulations" stipulates that cosmetics registrants or filers are responsible for the efficacy of cosmetics. And the efficacy of cosmetics should be declared with sufficient scientific basis, and the basis of the summary should be published and accepted by the society.

  The "Regulations" require that the cosmetics label must not express or imply a medical effect, and it is forbidden to mark false or misleading content. Cosmetic advertisements must not deceive or mislead consumers with false or misleading content.

  And the chapter on legal liability stipulates corresponding penalties: if cosmetic advertisements violate the provisions of these regulations, they shall be punished in accordance with the "Advertising Law of the People's Republic of China"; if false or misleading propaganda of cosmetics is adopted in other ways, in accordance with the relevant laws Penalties shall be imposed; if it constitutes a crime, criminal responsibility shall be investigated according to law.

E-commerce platform assumes management responsibility for operators

  At present, online consumption has become a major trend in consumption. The “Regulations” clarifies the responsibilities of e-commerce platforms, requiring e-commerce platform operators to register real-name cosmetic operators on the platform and assume management responsibilities of cosmetic operators on the platform.

  If a cosmetics operator on the platform is found to have violated the provisions of these regulations, it shall promptly stop and report it to the supervisory department; if it finds a serious violation, it shall immediately stop providing e-commerce platform services to the illegal cosmetics operator.

  In addition, the cosmetics operators on the platform should fully, truthfully, accurately and timely disclose the information of the cosmetics they operate.

  If the operator of the e-commerce platform fails to perform the management obligations of real-name registration, suppression, reporting, and provision of e-commerce platform services in accordance with the provisions of these Regulations, the drug regulatory department shall impose penalties in accordance with the law.

Increase the punishment to the provisions of people to implement "prohibition of employment"

  In recent years, while the rapid development of my country's cosmetics industry, illegal phenomena such as illegal addition are more prominent. The current "Cosmetics Hygiene Supervision Regulations" provides less legal responsibility. The "Regulations" increased the punishment for violations, and used heavy penalties for those who violated the law to drive serious offenders out of the market

  The "Regulations" increase penalties, comprehensive use of confiscation, fines, orders to suspend production and business suspension, revocation of licenses, market and industry bans, and other penalties to significantly increase the amount of fines.

  Specifically, for serious illegal activities such as engaging in cosmetics production activities without authorization, production and operation of unregistered special cosmetics, use of prohibited substances, illegal additions, etc., a fine of up to 30 times the value of the goods may be imposed.

  In addition, the "punishment to person" rule was added to impose fines on the legal representative or main responsible person, directly responsible person in charge, and other directly responsible personnel of a serious violation of the law, and for a certain period of time until the life is prohibited from engaging in cosmetics production and business activities.