The cosmetics supervision regulations were revised for the first time after more than 30 years of implementation
Severely crack down on the use of the Internet to sell illegal cosmetics
□ Our reporter Wan Jing
On January 1, 2021, the revised "Regulations on the Supervision and Administration of Cosmetics" (hereinafter referred to as the "Regulations") formally came into effect.
This is also the first revision and adjustment of the original cosmetics hygiene supervision regulations after more than 30 years of implementation, marking a new page in my country's cosmetics supervision work.
The "Regulations" combined with the actual supervision and put forward for the first time a cosmetics registrant and recorder system. The cosmetics registrant and recorder shall bear the main responsibility for cosmetics quality and safety and efficacy claims. At the same time, it defines the legal responsibility of each enterprise in the production and operation activities. To ensure the continuous stability of product quality and safety.
In particular, a brand-new regulation of the consumption model of online cosmetics has been carried out.
The State Food and Drug Administration recently held a news briefing on the implementation of cosmetics supervision and management regulations. While introducing the implementation of the “Regulations”, the relevant person in charge of the State Food and Drug Administration also responded to hot issues such as how to assume responsibility for selling illegal cosmetics on e-commerce platforms.
Set up the person in charge of quality and safety
In recent years, my country's online sales have developed rapidly, and online shopping of cosmetics has gradually become a consumer trend.
So, how does the "Regulations" regulate online sales of cosmetics?
What measures will the regulatory authorities take to strengthen supervision?
In this regard, Li Yunfeng, Director of the Second Supervision Division of the Cosmetics Supervision Department of the State Drug Administration, pointed out that the "Regulations" require cosmetics e-commerce platform operators to register the cosmetics operators on the platform in real name, assume the management responsibilities of the cosmetics operators on the platform, and find their existence Violations should be stopped in time and reported to the regulatory authorities; if serious violations are discovered, platform services should be immediately stopped.
The cosmetics operators on the platform are required to disclose the information of the cosmetics they operate in a comprehensive, true, accurate and timely manner, establish and implement a purchase inspection record system, and fulfill the relevant obligations of the cosmetics operators.
For cosmetics e-commerce platform operators and cosmetics operators in the platform for non-fulfilment of relevant obligations and other violations of laws and regulations, the drug regulatory authority will give administrative penalties such as warnings and fines in accordance with the law.
"In the "Measures for the Supervision and Administration of Cosmetics Production and Operation" that the State Drug Administration will implement on May 1 this year, a special chapter will be set up to clearly stipulate the specific requirements of cosmetics network operation and management, and further regulate the order of the cosmetics network market. At the same time, it is nationwide In-depth development of the cosmetics "Online Net, Offline Clean Source" special action to clean up illegal products sold online, severely crack down on the use of online sales of illegal cosmetics, and maintain the safety of cosmetics online consumption." Li Yunfeng said.
In addition, Li Yunfeng also explained the reasons for the establishment of a person in charge of quality and safety in the Regulations.
"The Regulations combined with the actual supervision and management, and for the first time proposed the establishment of a quality and safety person in charge system. The cosmetics registrant and filing person shall assume the main responsibility for product quality and safety management and product release to ensure the continued stability of product quality and safety. The person in charge of quality and safety Should have professional knowledge related to cosmetics quality and safety, and have more than 5 years of experience in cosmetics production or quality and safety management. Failure to set up a person in charge of quality and safety in accordance with the "Regulations" will face administrative penalties such as warnings and fines." Li Yunfeng said.
Online shopping consumption challenges traditional supervision
With the development of the Internet, the proportion of online purchases of cosmetics in the daily consumption of consumers is constantly increasing, and China has become one of the countries where the consumption of online cosmetics is growing rapidly.
Consumers are choosing more and more cosmetic products through purchasing agents and third-party online platforms. While the Internet provides convenience, it also poses challenges to cosmetics supervision.
Professor Yang Weidong of the National School of Administration pointed out that online shopping of cosmetics is prone to disputes over the identification of legal liability on third-party network platforms and the identification of liability for the sale of fake and inferior cosmetics.
The E-commerce Law of the People’s Republic of China (hereinafter referred to as the E-commerce Law) passed on August 31, 2018 stipulates that e-commerce platform operators shall bear corresponding responsibilities in accordance with the law if they fail to fulfill their obligations. It has also become the basis for online platforms to assume responsibility, and can effectively protect the rights of online consumers.
However, the E-commerce Law does not provide for specific monitoring methods for online e-commerce. It only states in Article 6 that "the relevant departments of the State Council shall be responsible for e-commerce development promotion, supervision and management, etc. in accordance with the division of responsibilities.
In reality, it must be supervised in accordance with existing laws and regulations.
At the same time, regulatory issues related to online sales need to be further refined.
Yang Weidong believes that with the increasing consumption of cosmetics on online platforms, the primary issue facing the third-party online platform provider is the legal responsibility of the third-party online platform provider, that is, whether consumers can be required to bear the liability for compensation when their rights are violated.
"Infringements on consumer rights due to online cosmetics purchases continue to occur in reality. Many challenges are presented to traditional market supervision methods. Supervisors need to further improve existing laws and regulations, implement strict product access systems, strengthen supervision, and establish Transparent and open rights protection channels and information acquisition channels. Of course, consumers also need to increase their rights protection awareness, cautiously purchase online, and actively protect their rights." Yang Weidong said.
System design reflects the consistency of power and responsibility
In recent years, with the development of the national economy and the improvement of people's living standards, cosmetics have changed from "luxury goods" in the past to consumer goods that meet people's daily needs. my country's cosmetics industry has also grown under the impetus of consumer demand.
At present, there are more than 5,400 cosmetics-licensed manufacturing enterprises, more than 87,000 registered entities of various types of cosmetics, and more than 1.6 million valid registered products.
Since the original "Regulations on Cosmetics Hygiene Supervision" was promulgated and implemented in 1989, it has played an important role in ensuring the safety of the people's cosmetics consumption. However, with the passage of time, the current development of the cosmetics industry, technological level, regulatory environment and the beginning of legislation Both have undergone profound changes.
In order to actively adapt to the needs of cosmetics supervision and development under the new situation, the "Regulations" amended to emphasize the issue of self-discipline responsibility of cosmetics manufacturers.
Due to historical reasons, in the relevant regulations of cosmetics supervision, the main body of corporate responsibility is often expressed as "manufacturing enterprise", "producer" or "cosmetics producer", "cosmetics distributor" and "cosmetics operator". Not only is the expression inconsistent, but also It is also unclear what responsibilities should be assumed by various production and operation entities involved in product quality and safety.
The "Regulations" proposed a system of registrants and recorders, which stipulates that the registrants who have obtained the special cosmetics registration certificate or the recorders who have passed the cosmetics registration shall put the products on the market in their own name and ensure the quality and safety of the product throughout the life cycle. And the effect claims to be responsible.
Fulfill the relevant obligations of pre-marketing registration and filing management, perform post-marketing adverse reaction monitoring, evaluation and reporting, product risk control and recall, product and raw material safety reassessment and other related obligations, and assume the main responsibility for the quality and safety of registered products.
Other subjects of product production and operation activities, such as entrusted production enterprises and domestic agents, shall bear corresponding legal responsibilities within the scope of obligations set by the Regulations.
Dong Shufen, technical director of the China Fragrance, Flavors and Cosmetics Industry Association, said that this system design fully takes into account the actual situation of the industry, and the legal responsibilities of various entities in product production and operation activities are more scientific and accurate, fully embodying the principle of consistent rights and responsibilities, and conducive to firm establishment of enterprises Awareness of product responsibility.
At the same time, the cosmetics registrant and recorder system emphasizes the whole-process quality and risk management responsibilities of cosmetics safety undertaken by enterprises, which facilitates the implementation of the main responsibility of the enterprise, facilitates scientific supervision and guarantees product quality and safety.