Announcement of the Measures for the Supervision and Administration of Online Operation of Cosmetics by the National Drug Administration

enclosure
Measures for the Supervision and Administration of Online Operation of Cosmetics
Chapter 1 General Provisions
Article 1: In order to regulate the online operation of cosmetics and the service behavior of cosmetics e-commerce platforms, ensure the quality and safety of cosmetics, and ensure the health of consumers, these measures are formulated in accordance with laws, regulations, and rules such as the E-commerce Law of the People's Republic of China, the Regulations on the Supervision and Administration of Cosmetics, the Measures for the Supervision and Administration of Cosmetics Production and Operation, and the Measures for the Supervision and Administration of Online Transactions.
Article 2: These Measures shall apply to the online operation of cosmetics, the provision of cosmetics e-commerce platform services, and their supervision and management within the territory of the People's Republic of China.
Article 3: Cosmetics e-commerce operators include cosmetics e-commerce platform operators, platform based cosmetics operators, and e-commerce operators who operate cosmetics through self built websites and other online services. Those who operate cosmetics through self built websites and other online services shall fulfill the obligations of cosmetic operators on the platform as stipulated in these Measures.
Article 4: The department responsible for drug supervision and management shall adhere to the principles of encouraging innovation, inclusiveness and prudence, strictly adhering to the bottom line, and integrating online and offline supervision, and encourage the use of information technology to carry out supervision and management work to ensure the quality and safety of cosmetics.
Article 5: The National Drug Administration is responsible for organizing and guiding the supervision and management of national cosmetics network operation and cosmetics e-commerce platform services.
The departments responsible for drug supervision and management in local people's governments at or above the county level shall be responsible for the supervision and management of cosmetics network operation and cosmetics e-commerce platform services within their respective administrative regions according to their responsibilities.
Article 6: Cosmetic e-commerce operators engaged in cosmetic online business activities and providing cosmetic e-commerce platform services shall comply with cosmetics laws, regulations, rules, mandatory national standards and technical specifications, operate in good faith according to law, and ensure the quality and safety of cosmetics.
Article 7: The department responsible for drug supervision and management shall strengthen cooperation with relevant departments, guide industry organizations, consumer organizations, etc. to jointly participate in the governance of the cosmetics network operation market environment, strengthen industry self-discipline and integrity construction, and promote the social co governance of cosmetics safety.
Chapter 2 Management of Cosmetics E-commerce Platform Operators
Article 8: Cosmetics e-commerce platform operators shall bear the management responsibility of cosmetics operators within the platform in accordance with the law, establish a cosmetics quality and safety management system such as real name registration, daily inspection, illegal behavior suppression and reporting, complaint and reporting handling, and effectively implement it.
Cosmetic e-commerce platform operators shall formulate platform service agreements and transaction rules in accordance with the relevant requirements of the Electronic Commerce Law of the People's Republic of China. The contents related to entering and exiting the platform, ensuring the quality of goods and services, and protecting consumer rights and interests shall include requirements for the qualification review of cosmetic operators within the platform, product information release rules, and disposal of illegal activities.
Article 9: The operator of a cosmetics e-commerce platform shall establish a cosmetics quality and safety management organization or be equipped with full-time and part-time quality and safety management personnel. Cosmetic quality and safety management institutions or quality and safety management personnel are responsible for establishing and implementing a cosmetic quality and safety management system, and organizing daily inspections of cosmetic operators on the platform.
Article 10: Cosmetics e-commerce platform operators shall require cosmetics operators who apply to enter the platform to submit true information such as identity, address, contact information, etc. for verification and registration, establish registration files, and update them at least every 6 months. The operator of the cosmetics e-commerce platform shall keep the identity information of the cosmetics operator on the platform for no less than 3 years from the date of their withdrawal from the platform.
Article 11: Cosmetic e-commerce platform operators shall establish a daily inspection system for cosmetic operators within the platform, which includes inspection of online product information release, daily business behavior inspection, etc.
Daily inspections should develop an inspection plan, clarify the inspection objects, inspection frequency, inspection content, and form inspection records. The inspection record should at least include the identity information, inspection content, inspection results, disposal measures, and other information of the cosmetics operator on the inspected platform. The record retention period should not be less than 2 years.
Article 12: Cosmetics e-commerce platform operators shall conduct inspections when they enter the platform to publish cosmetics product information, and verify the consistency between the product name, special cosmetics registration certificate number, and standard serial number of the products published by the cosmetics operators on the platform and the corresponding product information published on the official website of the National Drug Administration. Encourage cosmetic e-commerce platform operators to use information technology and other means to conduct online product release information inspection.
Article 13: Cosmetic e-commerce platform operators shall regularly organize daily business behavior inspections of cosmetic operators on the platform based on product risk situations, with a focus on the following:
（1） Check whether the cosmetics operated by cosmetics operators on the platform have not been registered or registered, or have used someone else's cosmetics registration certificate number or registration number;
（2） Check whether the cosmetics labels and other information displayed by the cosmetics operators on the platform are consistent with the corresponding product information published on the official website of the National Drug Administration;
（3） Check whether the cosmetic label information displayed by cosmetic operators on the platform contains any content that is explicitly or impliedly medical, false or misleading, violates social order and good customs, and is prohibited from labeling by laws and regulations.
Encourage cosmetics e-commerce platform operators to regularly conduct quality and safety monitoring on cosmetics operated online through sampling inspection and other methods, and investigate the product quality and safety risks of cosmetics operated online.
Article 14: The operators of the cosmetics e-commerce platform shall actively collect regulatory public information related to product quality and safety, such as sampling inspection, suspension or cessation of operation of cosmetics, issued by the drug regulatory department at or above the provincial level, and promptly carry out self inspections within the platform.
Article 15: If the operator of a cosmetics e-commerce platform discovers any illegal operation of cosmetics by conducting daily inspections, self inspection of regulatory public information, or receiving information notifications from departments responsible for drug supervision and management, necessary measures such as deletion, blocking, and disconnection shall be taken in a timely manner in accordance with the law or in accordance with the platform service agreement and transaction rules.
If the operator of the cosmetics e-commerce platform discovers the following serious illegal behaviors, they shall immediately stop providing e-commerce platform services to the cosmetics operator on the platform in accordance with the law or in accordance with the platform service agreement and transaction rules:
（1） Sentenced by the people's court for crimes related to the quality and safety of cosmetics;
（2） Detention or other public security management penalties imposed by public security organs due to illegal behavior in cosmetics quality and safety;
（3） Penalties such as revocation of license or order to suspend production or business operations by the department responsible for drug supervision and management in accordance with the law;
（4） Other serious illegal activities.

Article 16: After taking timely measures to stop the illegal operation of cosmetics discovered by the operators of the cosmetics e-commerce platform, they shall, within 10 days from the date of discovery, report the relevant situation and clues of suspected illegal operation of the cosmetics operators on the platform to the provincial drug supervision and management department in the place where the cosmetics operators on the platform actually operate, The content includes information about the main body of cosmetic operators on the platform, information about products, explanations of major quality and safety information, and disposal measures taken by cosmetic e-commerce platform operators

（1） Causing systemic damage to the human body, endangering life, or causing death due to the use of cosmetics operated online;

（2） There is evidence to suggest that prohibited ingredients are used or substances that may be harmful to human health are illegally added in cosmetics operated online;

（3） There are other major product quality and safety issues with cosmetics operated online.

The department responsible for drug supervision and management shall investigate and handle clues suspected of illegal business operations. If it is found through investigation that cosmetic operators on the platform have engaged in illegal activities, the investigation and handling results shall be promptly notified to the cosmetic e-commerce platform operators.

Article 17: The operator of the cosmetics e-commerce platform shall report in writing to the provincial drug supervision and management department in the place where the operator of the cosmetics e-commerce platform resides, on a quarterly basis, any illegal business activities and disposal measures discovered by the platform.

The provincial-level drug regulatory department in the place where the operator of the cosmetics e-commerce platform resides shall review the written report of the operator of the cosmetics e-commerce platform. If it is found that the operator of the cosmetics e-commerce platform has not taken necessary measures to stop illegal activities in a timely manner or has not reported suspected illegal business leads to the provincial-level drug regulatory department as required, The provincial-level drug regulatory department in the place where the operator of the cosmetics e-commerce platform resides shall investigate and handle the matter in accordance with the law.

Article 18: The operators of the cosmetics e-commerce platform shall provide necessary technical support and services for the cosmetics operators on the platform to fulfill their obligations such as cosmetics information disclosure in accordance with the law.

Encourage cosmetic e-commerce platform operators to establish automated information reporting mechanisms in the form of open data interfaces with departments responsible for drug supervision and management.

Article 19: Cosmetics e-commerce platform operators shall strengthen the publicity and training of relevant regulatory knowledge for cosmetics operators on the platform. The publicity and training content shall include cosmetics related laws and regulations, legal obligations and responsibilities of cosmetics operators on the platform, platform service agreements and transaction rules, requirements for cosmetics information release, etc.

Chapter 3 Management of Cosmetics Operators on the Platform

Article 20: Cosmetics operators on the platform shall establish and implement a purchase inspection record system, which shall verify the market entity registration certificate, special cosmetics registration certificate or ordinary cosmetics registration information of direct suppliers, the product quality inspection certificate of cosmetics, and keep relevant vouchers, truthfully record the name of cosmetics, special cosmetics registration certificate number or ordinary cosmetics registration number, service life, net content Purchase quantity, supplier name, address, contact information, purchase date, etc. Those who operate children's cosmetics should also check the children's cosmetics label and verify the label information of the children's cosmetics they operate with the corresponding product information published on the official website of the National Drug Administration.

Article 21: Cosmetics operators on the platform shall fulfill their obligation to disclose cosmetics information, comprehensively, truthfully, accurately, clearly, and timely disclose cosmetics labels and other information consistent with the registration or filing materials. The disclosed cosmetic label information should include all the contents of the cosmetic label it operates, including the product name and standard number implemented by the product, which should be prominently displayed in text on its product display page; The other information disclosed regarding product safety and efficacy claims should be consistent with the label information and summary of efficacy claims in the registration or filing materials of the cosmetics they operate.

Encourage cosmetics operators on the platform to display their special cosmetics registration certificates or ordinary cosmetics registration information for the cosmetics they operate.

Article 22: Cosmetics operators on the platform shall actively cooperate with the operators of the cosmetics e-commerce platform to carry out daily inspections, self inspections of regulatory public information, and other quality and safety management activities, timely and accurately provide relevant product information to the operators of the cosmetics e-commerce platform, and cooperate with the operators of the cosmetics e-commerce platform to take necessary measures to control risks.

Cosmetics operators on the platform should pay attention to the regulatory and public information related to product quality and safety of the cosmetics they operate. For specific batches of cosmetics that have been identified as non compliant through sampling inspection by the department responsible for drug supervision and management, cosmetics operators on the platform should immediately stop operating. If sampling inspection involves the detection of prohibited raw materials or substances that may endanger human health, or if children's cosmetics do not comply with regulations, the cosmetics operator on the platform should immediately stop operating specific batches of products that do not comply with regulations; For other batches of products of the same variety that continue to be operated by cosmetics operators on the platform, they shall prominently disclose the regulatory public information on the sampling inspection of the cosmetics that does not comply with the regulations, or the report on the self inspection conducted by the cosmetics registrant or registrant regarding the sampling inspection of the products that does not comply with the regulations. The relevant information shall be continuously disclosed for one year for consumers to refer to when purchasing.

Article 23: If cosmetic operators on the platform discover quality defects or other issues in the cosmetics they sell that may pose a threat to human health, they shall immediately stop operating and notify the relevant cosmetic registrants and registrants. The registrant and registrant of cosmetics shall implement a recall in accordance with the law. If the cosmetic registrant, registrant, or cosmetic operator on the platform fails to implement a recall or stop operating in accordance with the law, the department responsible for drug supervision and management shall order them to implement a recall or stop operating.

Article 24: Cosmetics operators on the platform shall store and transport cosmetics in accordance with relevant laws and regulations and the requirements of cosmetics label labeling, regularly inspect and promptly handle spoiled or expired cosmetics.

Chapter 4 Supervision and Management

Article 25: The department responsible for drug supervision and management shall supervise and inspect cosmetics e-commerce operators in accordance with the law.

The National Drug Administration organizes departments responsible for drug supervision and management at all levels to use technological means to strengthen network monitoring of activities such as cosmetics online business and cosmetics e-commerce platform services. The department responsible for drug supervision and management should strengthen information sharing with cosmetics e-commerce platform operators, and encourage them to conduct online monitoring of the business behavior of cosmetics operators on this platform.

The department responsible for drug supervision and management shall investigate and handle illegal activities discovered through supervision and inspection, as well as online business monitoring, in accordance with the law.

Article 26: The department responsible for drug supervision and management has the right to take the following measures in accordance with the law when supervising and inspecting cosmetics e-commerce operators:

（1） Conduct on-site inspections of venues related to the development of cosmetics online business and cosmetics e-commerce platform services;

（2） Conduct sampling inspection on cosmetics operated online;

（3） Review and copy relevant materials such as contracts, bills, and accounting books related to suspected illegal online cosmetic business activities;

（4） Collect, retrieve, and copy electronic data related to suspected illegal cosmetic online business activities;

（5） Inquire with parties suspected of engaging in illegal cosmetic online business activities, and investigate and understand relevant information from natural persons, legal persons, and unincorporated organizations related to the suspected illegal cosmetic online business activities;

（6） Take measures to seal and detain cosmetics and their raw materials that do not comply with mandatory national standards, technical specifications, or have evidence to prove that they may endanger human health, packaging materials that come into direct contact with cosmetics, as well as tools and equipment that have evidence to prove that they are used for illegal production and operation in accordance with the law;

（7） Seal up the illegal online business activities of cosmetics in accordance with the law;

（8） Other measures that can be taken according to laws and regulations.

Article 27: The illegal activities of cosmetic e-commerce platform operators and cosmetic e-commerce operators who operate cosmetics through self built websites or other network services shall be under the jurisdiction of the department responsible for drug supervision and management at or above the county level in their place of residence. Among them, cosmetic e-commerce platform operators who fail to fulfill real name registration, stop, report in accordance with the provisions of the Cosmetics Supervision and Management Regulations The illegal behavior of ceasing to provide management obligations such as e-commerce platform services shall be under the jurisdiction of the provincial drug regulatory department in the place of residence.

The illegal behavior of cosmetic operators on the platform shall be under the jurisdiction of the department responsible for drug supervision and management at or above the county level in the actual place of operation. If the department responsible for drug supervision and management at or above the county level in the place where the operator of the cosmetics e-commerce platform resides first discovers illegal clues or receives complaints or reports, it can also exercise jurisdiction.

If the department responsible for drug supervision and management that does not have jurisdiction first discovers that the cosmetics operator on the platform is suspected of illegal business leads, preliminary evidence should be collected and fixed, and the actual business address, product page images, website links, etc. of the suspected cosmetics operator on the platform should be transferred to the department responsible for drug supervision and management at or above the county level in the actual business location of the cosmetics operator on the platform.

Article 28: If the department responsible for drug supervision and management in the actual place of operation of the cosmetics operator on the platform, after investigation, believes that the illegal business behavior of the cosmetics operator on the platform involves the quality and safety of cosmetics, it shall promptly report relevant information to the department responsible for drug supervision and management at the same level as the cosmetics registrant, registrant, and domestic responsible person's residence on the cosmetics label. After receiving the notification information, the department responsible for drug supervision and management in the place of residence of the cosmetic registrant, registrant, and domestic responsible person shall promptly organize supervision and inspection, and investigate and punish illegal acts in accordance with the law.

Article 29: If the department responsible for drug supervision and management discovers that the cosmetics operated by the cosmetics operators on the platform cause human injury or have evidence to prove that they may endanger human health, and requires the operators of the cosmetics e-commerce platform to take necessary measures to control the risks in accordance with the law, the operators of the cosmetics e-commerce platform shall cooperate.

If the department responsible for drug supervision and management discovers the existence of the situation mentioned in the first paragraph of this article and deems it necessary to take necessary disposal measures to control risks, it shall report to the provincial drug supervision and management department where it is located level by level. The provincial drug supervision and management department shall notify the operator of the cosmetics e-commerce platform of the relevant product situation. Cosmetics e-commerce platform operators shall take necessary measures to control product risks, such as deletion, blocking, and disconnection, in accordance with the law or platform service agreements and transaction rules.

Article 30: If the department responsible for drug supervision and management at the provincial or district level needs to access information related to cosmetics operators, product information, transaction records, logistics and express delivery on the platform due to supervision and inspection, case investigation, etc., it shall issue an investigation assistance letter to the cosmetics e-commerce platform operator, explaining the materials, information, and time limit requirements that need to be accessed. The operator of the cosmetics e-commerce platform should provide it and cooperate with the department responsible for drug supervision and management in technical aspects to carry out monitoring of illegal activities in cosmetics online business. If the county-level department responsible for drug supervision and management needs to retrieve relevant information due to supervision, inspection, case investigation, etc., it shall report to the department responsible for drug supervision and management at the city level where it is located, and the department responsible for drug supervision and management at the city level where it is located shall assist in retrieving relevant information.

If the operator of the cosmetics e-commerce platform fails to provide relevant materials and information as required, the provincial-level drug supervision and management department responsible for conducting the investigation shall report the relevant situation to the provincial-level drug supervision and management department in the place where the operator of the cosmetics e-commerce platform resides. The provincial-level drug regulatory department in the place where the operator of the cosmetics e-commerce platform resides shall investigate and handle the matter in accordance with the law.

Article 31 The department in charge of drug supervision and administration shall strengthen cooperation in the daily supervision and administration of online cosmetics business and case investigation.

The provincial-level drug supervision and management department where the operator of the cosmetics e-commerce platform resides shall promptly notify other provincial-level drug supervision and management departments of the responsible person or quality and safety management personnel of the cosmetics quality and safety management institution set up by the operator of the cosmetics e-commerce platform within their administrative region.

Article 32: Sampling inspection of cosmetics operated online shall be carried out in accordance with relevant regulations on sampling inspection of cosmetics.

Article 33: The technical monitoring records of the department responsible for drug supervision and management on the online operation of cosmetics can be used as electronic data evidence for implementing administrative penalties or taking administrative measures.

Chapter 5 Supplementary Provisions

Article 34: Those engaged in cross-border e-commerce retail and import of cosmetics shall not be subject to these measures, and shall comply with relevant national regulations on the supervision of cross-border e-commerce retail and import goods.

Article 35: These measures shall come into effect from September 1, 2023.

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Source: National Drug Administration