as follows
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of cosmetic labels, standardize the labeling of cosmetic labels, prevent quality fraud, and protect the personal health and safety of consumers, according to the Product Quality Law of the People's Republic of China, the Standardization Law of the People's Republic of China, and the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products.
article 2 these provisions shall apply to the labeling and management of cosmetics produced within the territory of the people's Republic of China, including packaging and sales.
Article 3 Cosmetics as mentioned in these Provisions refer to products that are applied to human body panels, hair, toenails, lips and teeth by smearing, spraying, sprinkling or other similar methods, so as to clean, maintain, beautify, modify and change the appearance, or correct human body odor and keep it in good condition.
Cosmetic labels as mentioned in these Provisions refer to words, symbols, numbers, patterns and other descriptions used to express the name, quality, efficacy, usage, information of producers and sellers of cosmetics.
[ Interpretation] This article is about the definition of cosmetics and cosmetics labels
I. Definition of cosmetics
Compared with the definition of cosmetics in previous regulatory work and the definition in national standards, the definition of cosmetics this time includes oral cleaning care products such as toothpaste and mouthwash, as well as cleaning products such as soap, bath lotion and hand sanitizer into the category of cosmetics, and it is supervised.
This article not only provides the definition of cosmetics, but also summarizes the purpose and main functions of cosmetics, as follows:
1. Cleaning function refers to removing dirt and odor from face, body surface, nails, hair, lips, mouth and teeth, so as to achieve the purpose of cleaning and eliminating bad odor. Cosmetics with cleaning function include makeup remover cream, water, gel, scrub, shampoo, facial cleanser, bath lotion, hand sanitizer, soap, toothpaste and mouthwash.
2. The maintenance function refers to the cosmetics that care and nourish the face, body surface, hair, teeth and other parts, resist the damage of external adverse environmental factors, keep the skin soft and smooth, make the hair smooth and shiny, delay the skin aging, etc., and have the maintenance function, including various moisturizing creams, creams, creams, local ointments and essences.
3. Beautifying, modifying and changing appearance, or correcting human body odor refers to beautifying and modifying face, body surface, hair and teeth, or improving human body odor and emitting fragrance, so as to enhance charm. Including all kinds of make-up, perfume, cologne, mousse and spray hair gel. Oil paints for art and drama only do not belong to the category of cosmetics.
II. Definition of Cosmetic Labels
Cosmetic labels refer to the information provided by producers to help consumers understand the ingredients, quality, standards served, and explain the use, usage, storage conditions and expiration date of the products.
the contents of the logo generally include descriptive information such as the name, quality, efficacy, usage, production and operator information of cosmetics, and can be composed of words, symbols, numbers and patterns.
chapter ii labeling contents of cosmetic labels
article 5 cosmetic labels shall be true, accurate, scientific and legal.
Article 6 Cosmetic labels shall indicate the name of the cosmetic.
Cosmetic names generally consist of three parts: trademark name, generic name and attribute name, and meet the following requirements:
A trademark name shall comply with the provisions of relevant national laws and administrative regulations;
2. Generic names shall be accurate and scientific, and words that express or imply medical functions shall not be used, but words indicating main raw materials, main functional components or product functions may be used;
three attribute names should indicate the objective form of products, and abstract names are not allowed; The established product name can be omitted.
if there are provisions on product names in national standards and industry standards, the names specified in the standards shall be marked.
[ Interpretation] This article is about the name of cosmetics.
The name of cosmetics should be marked in a prominent position on the display surface of the product sales package. If it cannot be marked on the display surface of the sales package due to the shape and/or volume of the cosmetics sales package, it can be marked on its visual surface.
the display surface refers to any surface that can be seen by consumers except the bottom surface when cosmetics are displayed.
Visible surface refers to any surface that consumers can see without destroying the sales package of cosmetics. If it can be recovered after opening, it can be regarded as not damaging the sales packaging.
cosmetic names generally consist of three parts: brand name, generic name and attribute name.
I. About brand names
II. About generic names
A generic name of a commodity refers to a standardized title used by a country or an industry to reflect the fundamental difference between one kind of commodity and another. Generic names should be accurate and scientific, and can be words that describe the main raw materials, uses, efficacy components or product functions of the product, but words that express or imply medical functions should not be used, but some embellishment words can be often added to make the product name more beautiful and fashionable, such as XX starlight moisturizing cleanser and XX gold-plated dazzling eye shadow cream.
Third, about the attribute name
The attribute name of a product refers to the words that indicate the objective physical form of the product, such as cream, water, liquid, powder, gel, etc. Do not use abstract names, such as "XX Skin Care Essence" and "XX White Wash".
however, for products whose attributes are widely known to consumers and the industry, and for products that are established by convention, their attribute names can be omitted. Such as eye shadow, lipstick, mask, eye mask, foundation, nail polish, eye color, lip gloss, cheek color, blush, conditioner, essence, hair mask, rouge, etc.
in addition, if the product name is specified in national standards, industry standards and enterprise standards, it shall be implemented in principle in accordance with relevant regulations.
Article 7 Where a cosmetic is marked with a "strange name", the product name shall be marked in the adjacent position with the same font size in accordance with Article 6 of these Provisions; And shall not violate the relevant provisions of the state and social public order and good customs.
cosmetics with the same name, which are suitable for different people, different colors and fragrances, should be marked in the name or in an obvious position.
[ Interpretation] This article is a supplementary provision on the name of cosmetics.
the "strange name" of a product, which can also be called "innovative name", refers to a new name created by an enterprise in product innovation promotion, but not widely used in the industry before, and the product name is marked with the same font size near the "strange name" it uses.
article 8 cosmetics labels shall indicate the actual production and processing places of cosmetics.
the actual production and processing places of cosmetics should be marked at least to provincial areas according to administrative divisions.
[ Interpretation] This article is a regulation on the identification of the actual production and processing places of cosmetics.
In the past, the whole production process of cosmetics was independently completed by the production enterprises, but with the gradual increase of the forms of entrusted processing, a product owner, seller and responsible person may not be completely unified.
this provision is mainly to facilitate consumers to identify the real production and processing places of products, and to give consumers full right to know; At the same time, it is also convenient for the regulatory authorities to accurately locate in their work, quickly find the place of production and control the development of things in case of emergencies.
I. Definition of the actual production and processing place
The actual production and processing place refers to the location of the enterprise that completed the final manufacturing process of the product, that is, the location of the enterprise where the composition and proportion of the product contents were finally formed.
the actual production and processing place is not the final completion place of production, and the sub-packaging process still belongs to the production process. Our determination of the actual production and processing place is determined according to the influence degree of each link on product quality and safety in the production process and the product characteristics.
according to the characteristics of products, the definition of the final manufacturing process of products can be as follows;
1. For products that don't need special technology to be filled, such as emulsion, cream, lotion and other products, the place where the contents are manufactured is the actual production and processing place of the product.
2. the final manufacturing process of aerosol products that need to be filled with propellant gas is "filling the contents with gas and filling", which is the actual production and processing place.
3. products requiring special filling or assembly process:
1. products requiring molding, such as lipstick and powder cake, are manufactured at the final manufacturing process "manufacturing the contents before molding", that is, the actual production and processing place.
2-sided adhesive film, with its final manufacturing process of "soaking non-woven fabric in stock solution", is located in the actual production and processing place of the product.
3 capsule-like products are actually produced and processed at the place where the final manufacturing process of "coated contents" is completed.
4. if it is necessary to add some raw materials to the intermediate product before filling, the actual production and processing place of the product shall be "adding some raw materials" in its final manufacturing process.
5. The actual production and processing places of other products shall be interpreted by AQSIQ.
II. Specific marking method of actual production and processing places
1. The marking method of actual production and processing places is composed of "guide words+at least provincial regional names", and the guide words should be "actual production and processing place", "actual production place", "production place" or "place of origin".
2. The actual production and processing places of cosmetics should be marked at least to the provincial level according to administrative divisions. Such as "Shanghai", "Jiangsu" and "Anhui".
III. Special circumstances about the labeling of actual production and processing places
1. If there are two or more actual production and processing places for the same product, according to the above provisions, a label can be commonly used when labeling the actual production and processing places, but the names and addresses of the actual production and processing places and the responsible enterprises must be listed one by one on the label; And mark it at the corresponding actual production and processing place. The marking method can be letters, numbers or symbols, and it can be clearly identified by consumers. For example, write "the code of origin is the letter at the end of the batch number" on the label.
2. For cosmetics that are completed by cooperation between two or more countries or regions, some processes are completed in China, and the responsible party is an enterprise in China and sold in China, the actual production and processing place shall be determined according to the above principles. If the actual production and processing place is within the territory of China, it shall be marked according to the provisions of this article; If the actual production and processing place is a country or region outside China, the actual production and processing place shall be marked to the actual production country or region, and other specific contents shall be marked according to relevant requirements.
article 9 the name and address of the manufacturer shall be marked on the cosmetic label. The name and address of the producer shall be the name and address of the production that is legally registered and can bear the responsibility for product quality.
In any of the following circumstances, the name and address of the producer shall be marked according to the following provisions:
A group company or its subsidiaries that independently bear legal liabilities according to law shall be marked with their respective names and addresses;
2. A branch or production base of a group company that cannot independently bear legal responsibilities according to law may indicate the names and addresses of the group company and the production base of the branch company, or only the name and address of the group company;
3. If the entrusted enterprise has the cosmetics production license for entrusted processing, it shall indicate the name and address of the entrusted enterprise and the name of the entrusted enterprise, or only the name and address of the entrusted enterprise; If the entrusted enterprise does not have its production license for processing cosmetics, it shall indicate the name and address of the entrusted enterprise and the name of the entrusted enterprise;
the name of the actual production and processing enterprise, the name and address of the repackager and the words repackage shall be marked separately.
[ Interpretation] This article is a provision for labeling the name and address of the producer.
I. Name and address of producer
Producer refers to the organizer or undertaker of product manufacturing behavior, an enterprise or individual who is responsible for product quality law, and may or may not directly engage in product manufacturing behavior.
the name and address of the producer refers to the name and address registered in accordance with the law, that is, the address should be consistent with the domicile in the "business license" of the enterprise. The registered address can be the same as or different from the actual production address of the enterprise.
registration refers to the act that an enterprise should apply to the company registration authority for registration of establishment at the beginning of the establishment of the company, and the company registration authority will issue the company a nutrition license.
second, about entrusted processing and sub-packaging
1. about entrusted processing
entrusted processing is a kind of production behavior of enterprises, that is, the owner of products entrusts others to complete the production behavior, and it is also a production mode in which Party A entrusts Party B to produce through contract ordering, and Party A bears the product responsibility.
the definition of entrusted processing of cosmetics refers to the entrusting party's behavior of entrusting the processes that directly contact with the contents, which can be the manufacturing, molding and filling of the contents and the processing behavior that includes any of the above processes.
the entrusted enterprise must be a legally operated enterprise, which may or may not have the production license of the entrusted product, and the entrusted enterprise must hold a legal and valid cosmetics production license.
2. About sub-packaging
Sub-packaging refers to the process of filling the contents from large packaging to single sub-packaging after the production enterprise completes the final manufacturing process, which may or may not be the minimum sales packaging of this product.
III. Labeling of the name and address of the enterprise for the products entrusted for processing
For cosmetics entrusted for production and processing, there are mainly the following types of labels:
1. If the entrusted enterprise has a license for the production of cosmetics entrusted for processing, it shall label the name and address of the entrusted enterprise and the name of the entrusted enterprise, or only the name and address of the entrusted enterprise;
2. If the entrusted enterprise does not have its production license for processing cosmetics, it shall indicate the name and address of the entrusted enterprise and the name of the entrusted enterprise;
3. when the sub-packaging enterprise accepts the entrustment of the entrusting enterprise, the sub-packaging is carried out for the entrusting enterprise, and the trademark of the entrusting enterprise is sold after labeling, and the entrusting enterprise shall bear the product responsibility. This is both entrusted processing and sub-packaging, and should be handled according to the labeling requirements of entrusted processing and sub-packaging.
IV. Labeling of information about cosmetics packaging
At present, the production licenses of cosmetics production enterprises can be divided into production licenses and packaging licenses according to categories. Enterprises with production licenses can produce or package cosmetics, while enterprises with packaging licenses can only package cosmetics but not manufacture contents.
if there is subpackaging in the cosmetic production process, the labels should be added: the name of the actual production and processing enterprise, the name and address of the subpackaging enterprise and the words subpackaging. If there is entrusted processing at the same time, the entrusted salary will be increased.