Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.11.23

Effective Date:  2018.11.23

Validity Status:  valid

Measures for the Inspection, Quarantine, Supervision and Administration of Import and Export Cosmetics (Revised in November 2018)

Measures for the Inspection, Quarantine, Supervision and Administration of Import and Export Cosmetics (Revised in November 2018)

Chapter I General Provisions

Article 1    To guarantee the safety, hygiene and quality of import and export cosmetics and protect the personal health of consumers, these Measures are formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulation, the Regulation on the Hygiene Supervision over Cosmetics, the Special Regulation of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products and other applicable laws and administrative regulations.

Article 2    These Measures shall apply to the inspection, quarantine, supervision and administration of cosmetics (including finished products and semi-finished products) that are included in the catalogue of entry-exit commodities subject to the inspection and quarantine by the Customs and that shall be inspected and quarantined by the Customs in accordance with the relevant international treaties, laws and administrative regulations.

Article 3    The General Administration of Customs shall take charge of the inspection, quarantine, supervision and administration of import and export cosmetics throughout the country.

Competent Customs shall be responsible for the inspection, quarantine, supervision and administration of import and export cosmetics within the regions under their jurisdiction.

Article 4    Producers and business operators of import and export cosmetics shall engage in production and business activities in accordance with laws, administrative regulations and the relevant standards, ensure the safety of cosmetics, be responsible for the society and the general public, subject themselves to the social supervision and undertake social responsibility.

Chapter II Inspection and Quarantine of Import Cosmetics

Article 5    The competent Customs shall conduct the inspection and quarantine of import cosmetics according to the compulsory requirements of China's national technical code and the inspection and quarantine requirements specified in agreements or protocols signed by China with exporting countries (regions).

If China has not made the compulsory requirements of the national technical code, the inspection may be conducted by reference to the relevant foreign standards designated by the General Administration of Customs.

Article 6    Import cosmetics shall be inspected and quarantined by the Customs at the ports. The General Administration of Customs may, according to the need to provide facilities for the trade and import inspection work, designate any other site for the inspection of import cosmetics.

Article 7    The Customs shall subject the consignees of import cosmetics to the record-filing management. The consignees of import cosmetics shall truthfully record the flow of import cosmetics and keep such record for not less than two years.

Article 8    The consignees of import cosmetics or their agents shall apply for inspection in accordance the relevant provisions of the General Administration of Customs and provide their filing numbers.

For cosmetics imported for the first time, the following documents shall be provided:

1. For cosmetics subject to hygiene license, the hygiene permit documents for import cosmetics approved by the relevant competent authority shall be provided, the Customs will verify the electronic data of the hygiene permit documents for import cosmetics by automatic comparison through relevant system.

2. For cosmetics subject to filing for the record, the procedures of application for inspection shall be completed on the strength of filing proof.

3.  For cosmetics not subject to hygiene license or filing, the following materials shall be provided:

(1) Relevant safety evaluation documents issued by institutions with the relevant qualifications for substances with potential safety risk; and

(2) Documentary evidence for the permission to be produced and sold in the countries (regions) of origin or the certificate of origin.

4. With respect to finished cosmetic products packaged for sales purpose, in addition to materials specified in the preceding three items, samples of Chinese labels and the foreign language labels and their translations shall be provided;

5. With regards to finished cosmetic products packaged for non-sale purpose, the name, quantity/weight, specifications, place of production, production No of the products, the time limit for use (date of production and guarantee period), the name of destinations for which the products are packaged and the name, address and contact details of factories in which the products are packaged shall also be provided.

Article 9    Prior to the inspection and quarantine conformity certificate is obtained, import cosmetics shall be stored in a place designated or recognized by the Customs. Without the permission of the Customs, no entity or individual may transfer, sell or use the said cosmetics.

Article 10    After accepting an application for inspection, the Customs shall conduct the inspection and quarantine of import cosmetics, including on-site examination, sampling and sample retention, lab test, and certificate issuance.

Article 11    On-site examination includes the conformity of goods to the documents, the package of products, the format of label layouts, the sensory traits of products and the hygiene conditions of the transport vehicles, containers or storage places.

Article 12    Labels for import finished cosmetic products shall be in compliance with the compulsory requirements of the relevant laws, administrative regulations and national technical code of China. The Customs shall examine and verify whether the contents of the labels for cosmetics meet the requirements of laws and administrative regulations and check the authenticity and accuracy of contents related to the quality of the cosmetics.

Article 13    The sampling of import cosmetics shall be carried out in accordance with the relevant provisions of the State. The number of samples shall meet the need for such uses as inspection, reexamination and being available for future inspection. Under any of the following circumstances, more samples of the cosmetics shall be drawn:

1. Where the cosmetics are imported for the first time;

2. Where the cosmetics have had quality safety issues; or

3. Where the import is in a large quantity.

In sampling, the Customs shall issue the Sampling Certificate with the serial number and the seal for inspection and quarantine business and the persons making the sampling and the consignees or their agents shall sign it.

Samples shall be managed in accordance with the relevant provisions of the State. Qualified samples shall be preserved for four months after sampling. The qualified samples of special-purpose cosmetics shall be preserved for one year after the certificate is issued. Unqualified samples shall be preserved until the end of the guarantee period. Samples involved in the investigation of a case shall be preserved until the conclusion of the case.

Article 14    If it is necessary to conduct a lab test, the Customs shall determine the test items and test requirements and deliver the samples to the relevant qualified test institutions. The said institutions shall conduct a test as required and issue a test report within a specified time limit.

Article 15    If import cosmetics are qualified upon inspection and quarantine, the Customs shall issue the Certificate for the Inspection and Quarantine of Import Goods, stating the name of the goods, its brand, country (region) of origin, specifications, quantity/weight, production No./date of production, etc. Import cosmetics shall be sold or used only after the Certificate for the Inspection and Quarantine of Import Goods is obtained.

If import cosmetics are unqualified upon inspection and quarantine and safety, health and environment protection items are involved, the Customs shall order the party involved to destroy the cosmetics or issue a notice for return of goods to the party to go through the procedure for the return of goods. If other items are unqualified, they may be technically treated under the supervision of the Customs and they shall be sold or used only after they are qualified upon new inspection and quarantine.

Article 16    When a consignee of duty-free cosmetics applies to file with the Customs at the place where it is located, it shall provide such relevant information as its name, address, legal representative, the competent department, scope of business, contact person, contact details, and list of products.

Article 17    Departure duty-free cosmetics shall be subject to import inspection and may be exempt from being affixed with Chinese labels and going through the label conformity test. It shall be stated in the Certificate for the Inspection and Quarantine of Import Goods that the products can only be sold in departure duty-free stores.

For departure duty-free cosmetics imported for the first time, the statement issued by the consignee that the quality safety of the products is in compliance with the relevant provisions of China, the free sale certificate or certificate of origin issued by the foreign authority or the relevant institution, the relevant safety evaluation documents issued by the authority with the relevant qualifications for substances with potential safety risk and product formula, etc. shall be provided.

The General Administration of Customs shall carry out the inspection, quarantine, supervision and administration of Hainan island duty-free cosmetics, and will otherwise develop the specific measures.

Chapter III Inspection and Quarantine of Export Cosmetics

Article 18    Enterprises that produce cosmetics for export shall ensure that their export cosmetics meet the standards of the importing countries (or regions) or the requirements of the contracts. If the importing countries (or regions) do not have the relevant standards and the contracts have no requirement, the General Administration of Customs may designate the relevant standards.

Article 19    The General Administration of Customs shall subject enterprises producing cosmetics for export to the filing management, and will otherwise formulate the specific measures.

Article 20    The inspection and quarantine of export cosmetics shall be carried out by the Customs at the place of production and the port examination thereof shall be conducted by the Customs at the port.

The Customs at the port shall inform the Customs at the place of production of the failure of the cosmetics to pass the examination and report such information to the Customs at a higher level.

Article 21    Enterprises that produce cosmetics for export shall establish a quality management system and operate it in a continuous and effective way. The Customs shall conduct a routine supervision and inspection of the quality management system of the enterprises that produce cosmetics for export and its operation.

Article 22    Enterprises that produce cosmetics for export shall establish a management system for the purchase, acceptance and use of raw materials and require suppliers to provide the certificate of conformity for the raw materials.

Enterprises that produce cosmetics for export shall establish production record archives to truthfully record safety management situation in the course of the production of cosmetics.

Enterprises that produce cosmetics for export shall establish an inspection record system and require the inspection of their export cosmetics in accordance with the relevant provisions, so as to ensure the conformity of their products.

The aforesaid records shall be true and be preserved for not less than two years.

Article 23    The consigners of export cosmetics or their agents shall apply for inspection in accordance with the relevant provisions of the General Administration of Customs. For cosmetics exported for the first time, the following documents shall be provided:

1. The record-filing materials of manufacturing enterprises for export cosmetics;

2. The statement that the enterprise has obtained the cosmetics production permit, and the cosmetics meet the requirements of the relevant regulations and standards of the importing countries (regions);

3. With respect to finished cosmetic products packaged for sales purpose, samples of foreign language labels and their Chinese translations shall be provided; and

Article 24    After accepting an application for inspection, the Customs shall conduct the inspection and quarantine of export cosmetics, including on-site examination, sampling and sample retention, lab test, and certificate issuance.

Article 25    On-site examination includes the conformity of goods to the documents, the package of products, the format of label layouts, the sensory traits of products and the hygiene conditions of the transport vehicles, containers or storage places.

Article 26    The sampling of import cosmetics shall be conducted in accordance with the relevant provisions of the State. The number of samples shall meet the need for such uses as inspection, reexamination and being available for future inspection.

In sampling, the Customs shall issue the Sampling Certificate with the serial number and the seal for inspection and quarantine business and the persons making the sampling and the consignees or their agents shall sign it.

Samples shall be managed in accordance with the relevant provisions of the State. Qualified samples shall be preserved for four months after sampling. The qualified samples of special-purpose cosmetics shall be preserved for one year after the certificate is issued. Unqualified samples shall be preserved until the end of the guarantee period. Samples involved in the investigation of a case shall be preserved until the conclusion of the case.

Article 27    If it is necessary to conduct a lab test, the Customs shall determine the test items and test requirements and deliver the samples to the relevant qualified test institutions. The test institutions shall, according to the requirements, conduct a test and issue a test report within a specified time limit.

Article 28    If export cosmetics are found to qualify upon inspection and quarantine, and the importing countries (regions) have any requirements for the inspection and quarantine certificates, the relevant inspection and quarantine certificates shall be issued as required.

If export cosmetics are unqualified upon inspection and quarantine, they may be technically treated under the supervision of the Customs and be exported only after they are qualified upon new inspection and quarantine. It is not allowed to export such cosmetics If they cannot be technically treated or are still unqualified upon new inspection and quarantine after the technical treatment.

Article 29    For cosmetics processed with supplied materials and all of which are re-exported, the supplied materials imported may be exempted from being inspected under the standards of China if the documents proving that the cosmetics are in compliance with the regulations or standards of the countries (regions) to which they are to be re-exported; the processed products shall be inspected and quarantined according to the standards of the importing countries (regions).

Chapter IV Inspection and Quarantine of Non-tradable Cosmetics

Article 30    For samples of cosmetics used for the purpose of applying for hygiene permit or filing and non-tryout samples used by enterprises for research and development and publicity, when applying for import inspection, the consignees or their agents shall provide a description of the use and disposal of the samples and the letter of commitment for the non-sale use of them and the Customs at the entry ports shall examine and verify such documents and put them on records. If the quantity is within the scope of reasonable use, they may be exempted from being inspected. The consignees shall truthfully record of the flow of cosmetics and preserve the records for not less than two years.

Article 31    For the importation of non-tryout or non-sale exhibits, when inspection is applied for and if the participation certificate issued by the sponsor for the exhibition is provided, they may be exempted from being inspected. After the exhibition is over, they shall be returned or destroyed under the supervision of the Customs.

Article 32    If it is necessary for personal-use cosmetics (including gifts) carried or mailed into China to be quarantined at the entry ports, they shall be quarantined.

Article 33    For cosmetics imported by foreign or international organizations' official agencies in China for self-use purposes, they shall be examined by the Customs at the entry-exit ports. If they meet the relevant provisions on the entry inspection and quarantine of the self-use articles of foreign or international organizations' official agencies in China, they may be exempted from being examined.

Chapter V Supervision and Administration

Article 34    If the party applying for inspection is dissatisfied with the results of inspection and applies for re-inspection, the re-inspection shall be conducted in accordance with the relevant provisions of the State.

Article 35    The Customs shall subject the producers and business operators of import and export cosmetics to the classification management system.

Article 36    The Customs shall subject consignees of import cosmetics, enterprises producing cosmetics for export and consigners of export cosmetics to integrity management. For those with bad records, the Customs shall strengthen inspection, quarantine, supervision and administration.

Article 37    The General Administration of Customs shall apply the risk monitoring system to the safety of import and export cosmetics and make arrangements for the preparation and implementation of the annual risk monitoring plan for the safety of import and export cosmetics. The competent Customs shall, according to the risk monitoring plan of the General Administration of Customs for the safety of import and export cosmetics, make arrangements to monitor import and export cosmetics within the regions under their jurisdiction and report the monitoring results.

The competent Customs shall, according to the import and export cosmetics risk monitoring results, adjust the measures for the inspection, quarantine, supervision and administration of import and export cosmetics on the basis of risk classification.

Article 38    The General Administration of Customs shall establish an early warning and quick response mechanism for import and export cosmetics risk. If import and export cosmetics has a quality safety issue, or the quality safety issues of domestic or foreign cosmetics are likely to affect the safety of import and export cosmetics, the General Administration of Customs and the competent Customs shall timely start the risk early warning mechanism and take quick response measures.

Article 39    The General Administration of Customs may, according to the types and degree of risk, decide and announce the adoption of any of the following quick response measures:

1. Conditionally restricting the import and export of the cosmetics, including strict monitoring, more inspections and ordered recall;

2. Banning the import and export of the cosmetics and destroying the cosmetics on the spot or returning them; or

3. Starting the emergency response plan for the safety of import and export cosmetics.

The competent Customs shall be in charge to take the quick response measures.

Article 40    For uncertain risk, the General Administration of Customs may, by reference to the internationally acceptable practice, directly take temporary or urgent quick response measures while risk evaluation is not made. At the same time, it shall timely collect the relevant information and materials to conduct the risk evaluation and determine the types and degree of risk.

Article 41    If the safety issue of import cosmetics is likely to cause or has caused harm to human health and safety, the consignee shall, on its own initiative, recall such cosmetics and immediately report the matter to the Customs. The consignee shall disclose the relevant information to the public, notify sellers to stop selling the cosmetics, inform consumers to stop using the cosmetics and make a proper recall record. If the consignee fails to recall the cosmetics on its own initiative, the competent Customs may order it to recall the cosmetics. If necessary, the General Administration of Customs shall order it to recall the cosmetics.

If the safety issue of export cosmetics is likely to cause or has caused harm to human health and safety, the enterprise that produces cosmetics for export shall take effective measures and immediately report the matter to the local inspection and quarantine institution.

The competent Customs shall timely report the information of recalls within the region under its jurisdiction to the General Administration of Customs.

Article 42    As regards to import and export cosmetics other than those which shall be inspected by the Customs in accordance with these Measures, the Customs shall conduct sampling  inspections in accordance with the provisions of the State.

Chapter VI Legal Liability

Article 43    Whoever, without the permission of the Customs, transfers import cosmetics not inspected by the Customs from the designated or recognized supervision place and derives illegal income thereby will be imposed a fine of not more than 3 times the illegal income, up to 30,000 yuan, by the Customs; if there is no illegal income, a fine of not more than 10,000 yuan will be imposed.

Article 44    Whoever uses imported non-tryout or non-sale cosmetics for tryout or sales purpose and has illegal income will be imposed a fine of not more than 3 times the illegal income, with a maximum of 30,000 yuan, by the Customs; if there is no illegal income, a fine of not more than 10,000yuan will be imposed.

Article 45    Whoever fails to perform his obligation to return or destroy the cosmetics will be imposed a fine of not more than 10,000 yuan by the Customs.

Article 46    If any Customs officer divulges trade secrets he/she accesses, he/she will be given administrative sanctions in accordance with the law; the illegal income, if any, shall be confiscated; if the case constitutes a crime, he/she will be investigated for criminal liability.

Article 47    If any producer or business operator of import and export cosmetics or any of the personnel for the inspection and quarantine of import and export cosmetics has any other illegal acts, the relevant laws and administrative regulations shall apply.

Chapter VII Supplementary Provisions

Article 48    For the purpose of these Measures, the following terms shall have the following meanings:

1. Cosmetics refer to products which are daubed, rubbed or spread onto any part of the surface of the human body (skin, hair, nails, lips, etc.) or the mucous membranes of the mouth, teeth for the purposes of cleanness, bad odor removal, skin care, hairdressing and dressing up.

2. Semi-finished cosmetic products refer to cosmetics which have completed all the production and processing procedures except for the final procedure of pot packing or packaging.

3. Finished cosmetic products include finished cosmetic products packaged for sale purpose and finished cosmetic products packaged for non-sale purpose.

4. Finished cosmetic products packaged for sale purpose refer to finished cosmetic products which are packaged for the primary purpose of sale and are delivered with the sales package to consumers

5. Finished cosmetic products packaged for non-sale purpose refer to finished cosmetic products for which the final procedure of contact content has been completed and which do not have sales package.

Article 49    These Measures shall be interpreted by the General Administration of Customs.

Article 50    These Measures shall come into effect on February 1, 2012, repealing simultaneously the Measures for the Inspection, Quarantine, Supervision and Administration of Import and Export Cosmetics (Ju Ling No. 21) issued by the former State Administration for Entry-Exit Inspection and Quarantine and came into force on April 1, 2004.