DecreeNo. 100 of the State Administration "Regulations on the Administration of Cosmetic Labeling"
No. 100
The Provisions on the Administration of Cosmetic Labeling, which was deliberated and adopted at the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on July 24, 2007, is hereby promulgated and shall come into force as of September 6, 2008.
director general
June 6(th), 2007
Provisions on the Administration of Cosmetic Labeling
Chapter I General Principles
Article 1 In order to strengthen the supervision and management of cosmetics labeling, standardize the labeling of cosmetics, prevent quality fraud, and protect the personal health and safety of consumers, according to the People's Republic of China (PRC) Product Quality Law, the People's Republic of China (PRC) Standardization Law, the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products, and the Special Provisions of the State Council on Strengthening the Supervision and Management of Food and Other Products, and other laws and regulations.
Article 2 These Provisions shall apply to the labeling and management of cosmetics (including sub-packaging) produced and sold in People's Republic of China (PRC).
Article 3 Cosmetics mentioned in these Provisions refer to products applied to human body (skin, hair, toenails, lips and teeth, etc.). ) for the purpose of cleaning, maintaining, beautifying, modifying, changing appearance or correcting human body odor and keeping it in good condition, by smearing, spraying, spraying or other similar methods.
The term "cosmetic label" as mentioned in these Provisions refers to the words, symbols, numbers, patterns and other descriptions used by cosmetics producers and sellers to express their names, quality, efficacy, usage and information.
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the General Administration of Quality Supervision, Inspection and Quarantine) shall be responsible for organizing the supervision and administration of cosmetic labels throughout the country within its functions and powers.
The local quality and technical supervision departments at or above the county level shall be responsible for the supervision and management of cosmetics labels within their respective administrative areas within their functions and powers.
Chapter II Labeling Contents of Cosmetic Labels
Article 5 Cosmetic labels shall be authentic, accurate, scientific and legal.
Article 6 Cosmetic labels shall indicate the name of cosmetics.
Cosmetic names generally consist of three parts: brand name, generic name and attribute name, and meet the following requirements:
(1) The name of a trademark shall conform to the provisions of relevant state laws and administrative regulations;
(2) Generic names shall be accurate and scientific, and words indicating or implying medical functions shall not be used, but words indicating main raw materials, main functional components or product functions may be used;
(3) The attribute name shall indicate the objective form of the product, and abstract names shall not be used; The confirmed product name can be omitted.
Where there are provisions on product names in national standards and industry standards, the names specified in the standards shall be marked.
Article 7 Where cosmetics are marked with "unfamiliar names", the product names shall be marked with the same brand name in the adjacent positions in accordance with the provisions of Article 6 of these Provisions; Shall not violate the relevant provisions of the state and social public order and good customs.
Cosmetics with the same name, suitable for different people, different colors and fragrances, should be marked in the name or in a prominent position.
Article 8 Cosmetic labels shall indicate the actual production and processing places of cosmetics.
The actual production and processing places of cosmetics shall be marked at least at the provincial level according to administrative divisions.
Article 9 Cosmetic labels shall indicate the name and address of the manufacturer. The name and address of the producer shall be the name and address of the producer registered according to law and able to bear the responsibility for product quality.
In any of the following circumstances, the name and address of the producer shall be marked in accordance with the following provisions:
(1) A group company or its subsidiaries that independently bear legal liabilities according to law shall indicate their respective names and addresses;
(2) The name and address of the group company and the branch company (production base) can be marked on the branch company or production base of the group company that cannot bear legal responsibility independently according to law, or only the name and address of the group company can be marked;
(3) If the entrusted enterprise has a production license for processing cosmetics, it shall indicate the name and address of the entrusted enterprise and the name of the entrusted enterprise, or only indicate the name and address of the entrusted enterprise; If the entrusted enterprise has no production license for processing cosmetics, it shall indicate the name and address of the entrusted enterprise and the name of the entrusted enterprise;
(4) The name of the actual production and processing enterprise, the name and address of the repackager and the words repackage shall be separately marked.
Article 10 Cosmetic labels shall indicate the date of production and shelf life of cosmetics or the batch number of production and the date of restricted use.
Article 11 Cosmetic labels shall indicate the net content. The labeling of net content shall be carried out in accordance with the Measures for the Supervision and Administration of Quantitative Packaging Commodity Measurement. The net content of liquid cosmetics is expressed by volume; Solid cosmetics are marked with net content according to quality; Semi-solid or viscous cosmetics, the net content should be expressed by mass or volume.
Article 12 A cosmetic label shall indicate a list of all ingredients. The marking methods and requirements shall conform to the corresponding standards.
Thirteenth cosmetics labels should be marked with the national standards, industry standards or registered enterprise standards.
Cosmetic labels must contain product quality inspection certificates.
Article 14 Cosmetic labels shall be marked with the production license mark and number. The mark and number of the production license shall conform to the relevant provisions of the Measures for the Implementation of the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products.
Fifteenth cosmetics according to the needs of product use or in the logo is difficult to reflect all the information of the product, it should be supplemented in the instructions. The instructions for use should be easy to understand and illustrated when necessary.
Cosmetics that are easily damaged or may endanger human health and personal safety due to improper use or storage, as well as cosmetics suitable for special people such as children, must be marked with precautions, warning instructions in Chinese and storage conditions that meet the shelf life and safety requirements.
Article 16 Cosmetic labels shall not indicate the following contents:
(1) Exaggerating functions, making false propaganda and belittling the contents of similar products;
(2) Contents that express or imply medical functions;
(3) Product names that are easy to mislead or confuse consumers;
(4) Contents prohibited by other laws, regulations and national standards.
Chapter III Identification Forms of Cosmetic Labels
Article 17 Cosmetic labels shall not be separated from cosmetic packages (containers).
Article 18 Cosmetic labels shall be directly marked on the minimum sales unit (packaging) of cosmetics. Cosmetics with instructions should be attached to the minimum sales unit (packaging) of the product.
Nineteenth transparent packaging cosmetics, through the outer packaging can clearly identify all or part of the identification content on the inner packaging or container, without repeating the corresponding content on the outer packaging.
Article 20 The contents of cosmetic labels should be clear, eye-catching and durable, which is convenient for consumers to identify and read.
Article 21. Cosmetic marks, except registered trademark marks, must be in standard Chinese. The use of pinyin, minority languages or foreign languages should have a corresponding relationship with Chinese characters and meet the requirements stipulated in Article 6 of these Provisions.
Article 22 If the maximum surface area of a cosmetic package (container) is more than 20 square centimeters, the font height of the content to be marked in the cosmetic label shall not be less than1.8mm. Except for registered trademarks, the pinyin and foreign fonts used in the logo shall not be larger than the corresponding Chinese characters.
If the maximum surface area of cosmetic packaging (container) is less than 10 cm2, and the net content is not more than15g or15ml, the label may only indicate the name, manufacturer's name and address, net content, production date and shelf life, or production batch number and expiration date. If the product has other relevant explanatory materials, other contents that should be marked can be marked on the explanatory materials.
Twenty-third cosmetics shall not be marked in the following forms:
(1) Misleading consumers by using font size, color difference or suggestive language, graphics and symbols;
(2) Changing the name, production date and shelf life, production batch number and expiration date of cosmetics labels without authorization;
(three) other forms of labeling prohibited by laws and regulations.
Chapter IV Legal Liability
Twenty-fourth in violation of the provisions of article sixth, article seventh, cosmetic labels without cosmetic name or label name does not meet the requirements, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Twenty-fifth in violation of the provisions of Article eighth, Article ninth, cosmetics labels do not indicate the actual production and processing of cosmetics or the name and address of the producer, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Whoever forges the origin of a product, forges or falsely uses the name and address of another factory shall be punished in accordance with the provisions of Article 53 of the Product Quality Law of People's Republic of China (PRC).
Twenty-sixth in violation of the provisions of article tenth, article fifteenth, according to the "People's Republic of China (PRC) product quality law" article fifty-fourth shall be punished.
Twenty-seventh in violation of the provisions of article eleventh, not according to the provisions of the net content, shall be punished in accordance with the provisions of the "measures" supervision and management of quantitative packaging goods measurement.
Twenty-eighth in violation of the provisions of article twelfth, cosmetic labeling is not marked with a complete list of ingredients, labeling methods and requirements do not meet the requirements of the corresponding standards, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Twenty-ninth in violation of the provisions of article thirteenth, not marked product standard number or quality inspection certificate, shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Thirtieth in violation of the provisions of Article 14, without marking the production license sign and number according to law, shall be punished in accordance with the provisions of Article 47 of the Regulations of the People's Republic of China on the Administration of Industrial Products Production License.
Thirty-first in violation of the provisions of article sixteenth, shall be ordered to make corrections; If no correction is made within the time limit, a fine of 6.5438+0 million yuan shall be imposed; Violation of relevant laws and regulations shall be handled in accordance with relevant laws and regulations.
Thirty-second in violation of the provisions of article seventeenth, article eighteenth, shall be ordered to make corrections; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Thirty-third in violation of the provisions of article twenty-first, article twenty-second, shall be ordered to make corrections; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Thirty-fourth in violation of the provisions of article twenty-third, shall be ordered to make corrections within a time limit and impose a fine of 5000 yuan; If no correction is made within the time limit, a fine of 6.5438+0 million yuan will be imposed.
Article 35 The administrative penalties stipulated in this Chapter shall be implemented by the local quality and technical supervision departments at or above the county level within their functions and powers.
Where laws and administrative regulations provide otherwise for administrative punishment, such provisions shall prevail.
Chapter V Supplementary Provisions
Article 36 The administration of import and export cosmetics labels shall be implemented by the entry-exit inspection and quarantine institutions in accordance with the relevant provisions of the AQSIQ.