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Important! Cosmetics enterprise fined 120000 yuan for inconsistent production and formula
Important! Cosmetics enterprise fined 120000 yuan for inconsistent production and formula
Recently, according to the administrative penalty decision issued by the Guangzhou Market Supervision and Administration Bureau, Renhe Diwei Daily Cosmetics Factory in Baiyun District, Guangzhou was fined 120000 yuan and confiscated 1087.80 yuan of illegal gains for suspected illegal activities such as not producing cosmetics according to registered formulas.
Illegal fact
On February 15, 2023, our bureau's law enforcement personnel conducted an inspection of the parties involved in the matter in accordance with the law, and delivered the "Inspection Report" (Report No.: LSYJ2022HP0065) issued by the Lianyungang Food and Drug Inspection and Testing Center to the parties. The report showed that the "Diwei Hair Dyeing Cream (Deep Gold Coral Color)" product (batch number: 20210421; specification: 95ml/box; limited use date: April 20, 2024) produced by the parties was sampled and inspected, The hair dye indicated in the product label and technical requirements specified in the registration data was not detected: p-aminophenol, resorcinol, and the conclusion was determined as unqualified. The parties involved have no objections to the inspection results and sign for them, stating that they do not apply for re inspection. Law enforcement officers found 4 boxes of products related to inspection batches in the sample room of the factory and confiscated them in accordance with the law. The production and sales documents of the inspected products were extracted on site. The party involved is suspected of producing unregistered domestic special cosmetics, and therefore an investigation is filed against the party involved.
After investigation, it was found that the party involved produced 1042 boxes of "Di Wei Hair Dyeing Cream (Deep Gold Coral Color)" product (batch number: 20210421; specification: 95ml/box; limited use date: April 20, 2024) on April 21, 2021, and shipped 1036 boxes to the customer on April 30, 2021 at a price of 1.05 yuan per box (with 4 boxes for retention and 2 boxes for self inspection), with a total sales amount of 1087.80 yuan. The total value of the goods is 1094.10 yuan, and the total illegal income is 1087.80 yuan.
The party involved issued a "Product Recall Notice" to the customer on January 6, 2023, recalling the inspected batch of products, but has not yet received the recalled products.
The above facts are mainly evidenced by on-site records, inspection reports, inquiry records, production records, delivery notes, product recall notices, and other evidence.
On April 24, 2023, our bureau delivered the "Administrative Penalty Notice" to the parties, informing them of the facts, reasons, basis, and content of the administrative penalty proposed by our bureau in accordance with the law, and informing them that they have the right to make statements and defend opinions in accordance with the law. The parties did not make statements or defend opinions within the statutory deadline.
The product of "Diwei Hair Dye Cream (Deep Golden Coral)" (batch number: 20210421; specification: 95ml/box; limited use date: 2024-04-20) produced by the party concerned does not detect the hair dye specified in the label and registration data, which is deemed to have not produced cosmetics according to the registered formula, constituting an illegal act of producing special cosmetics without registration, Violating Article 17 of the Regulations on the Supervision and Administration of Cosmetics: "Special cosmetics can only be produced after being registered by the drug regulatory department of the State Council, According to Article 59 of the Regulations on the Supervision and Administration of Cosmetics: In any of the following circumstances, the department responsible for drug supervision and management shall confiscate the illegal income, cosmetics produced and operated illegally, and raw materials, packaging materials, tools, equipment, and other items specifically used for illegal production and operation. If the value of cosmetics illegally operated is less than 10000 yuan, a fine of not less than 50000 yuan but not more than 150000 yuan shall be imposed. If the value of cosmetics is more than 10000 yuan, a fine of not less than 15 times but not more than 30 times the value shall be imposed. If the circumstances are serious, Order the suspension of production or business, cancel the registration by the filing department, or revoke the cosmetics license by the original issuing department. Within 10 years, do not handle the cosmetics registration or accept the cosmetics administrative license application submitted by the illegal unit. The legal representative or main person in charge, directly responsible supervisors, and other directly responsible personnel of the illegal unit shall be fined not less than 3 times but not more than 5 times the income obtained from the unit in the previous year, Prohibit them from engaging in cosmetics production and business activities for life; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law: (2) Production, operation or import of unregistered special cosmetics Punishment according to regulations.
Considering that the parties involved actively cooperate with the market supervision and management department to investigate, truthfully disclose the illegal facts, actively provide evidence materials, and actively take product recall measures, In accordance with Article 14 of the "Regulations on Regulating the Discretionary Power of Administrative Punishments by the Market Supervision and Administration Department of Guangzhou City": "(1) Those who actively cooperate with the market supervision and administration department to investigate, truthfully disclose the illegal facts, and actively provide evidence materials; (2) Those who engage in minor illegal activities and have less social harm shall be given a lighter punishment in accordance with the law. However, after being punished by our bureau for producing unregistered domestic special cosmetics on June 3, 2020 (Suiyun City Jian Ren He Shi Yao Chu Zi [2020] No. 011), the party involved committed another illegal act of the same nature on April 21, 2021, According to Article 61 of the "Measures for the Supervision and Administration of Cosmetics Production and Operation": "Any of the following circumstances shall be considered as serious circumstances as stipulated in the Regulations on the Supervision and Administration of Cosmetics: (4) Within one year after receiving administrative penalties for illegal acts of cosmetics, another illegal act of the same nature is carried out, or after receiving criminal penalties for violating laws and regulations on cosmetics quality and safety, another illegal act of cosmetics quality and safety is carried out Article 16 of the "Regulations on Regulating the Discretionary Power of Administrative Penalties by the Market Supervision and Administration Department of Guangzhou City" stipulates that in any of the following circumstances, a heavier punishment may be imposed in accordance with the law: (5) For other circumstances where a heavier administrative penalty may be imposed in accordance with the law, a heavier punishment shall be imposed in accordance with the law.
In summary, after comprehensive judgment, the parties involved shall be given heavier penalties in accordance with the law.
In accordance with Article 59 of the Regulations on the Supervision and Administration of Cosmetics, our bureau has decided to impose the following penalties on the party involved in the illegal production of unregistered domestic special cosmetics:
1、 Confiscate illegal gains of 1087.80 yuan;
2、 Fine 120000 yuan.
In addition, in accordance with Article 28, Paragraph 1 of the Administrative Penalty Law of the People's Republic of China, the parties involved are ordered to immediately stop the production of unregistered domestic special cosmetics.
The parties involved shall pay the fine at the designated bank within fifteen days from the date of receipt of this decision. If the payment is not made on time, an additional penalty of 3% of the fine amount will be imposed daily.
If you are not satisfied with this penalty decision, you may apply for administrative reconsideration to the People's Government of Baiyun District, Guangzhou (address: 25 Dajinzhong Road, Guangzhou; phone number: 36500250) within 60 days from the date of receiving the "Administrative Penalty Decision", or directly file an administrative lawsuit with a court with jurisdiction within six months.
Guangzhou Baiyun District Market Supervision and Administration Bureau
May 6th, 2023
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Source: Guangzhou Market Supervision Administration
Recently, according to the administrative penalty decision issued by the Guangzhou Market Supervision and Administration Bureau, Renhe Diwei Daily Cosmetics Factory in Baiyun District, Guangzhou was fined 120000 yuan and confiscated 1087.80 yuan of illegal gains for suspected illegal activities such as not producing cosmetics according to registered formulas.
Illegal fact
On February 15, 2023, our bureau's law enforcement personnel conducted an inspection of the parties involved in the matter in accordance with the law, and delivered the "Inspection Report" (Report No.: LSYJ2022HP0065) issued by the Lianyungang Food and Drug Inspection and Testing Center to the parties. The report showed that the "Diwei Hair Dyeing Cream (Deep Gold Coral Color)" product (batch number: 20210421; specification: 95ml/box; limited use date: April 20, 2024) produced by the parties was sampled and inspected, The hair dye indicated in the product label and technical requirements specified in the registration data was not detected: p-aminophenol, resorcinol, and the conclusion was determined as unqualified. The parties involved have no objections to the inspection results and sign for them, stating that they do not apply for re inspection. Law enforcement officers found 4 boxes of products related to inspection batches in the sample room of the factory and confiscated them in accordance with the law. The production and sales documents of the inspected products were extracted on site. The party involved is suspected of producing unregistered domestic special cosmetics, and therefore an investigation is filed against the party involved.
After investigation, it was found that the party involved produced 1042 boxes of "Di Wei Hair Dyeing Cream (Deep Gold Coral Color)" product (batch number: 20210421; specification: 95ml/box; limited use date: April 20, 2024) on April 21, 2021, and shipped 1036 boxes to the customer on April 30, 2021 at a price of 1.05 yuan per box (with 4 boxes for retention and 2 boxes for self inspection), with a total sales amount of 1087.80 yuan. The total value of the goods is 1094.10 yuan, and the total illegal income is 1087.80 yuan.
The party involved issued a "Product Recall Notice" to the customer on January 6, 2023, recalling the inspected batch of products, but has not yet received the recalled products.
The above facts are mainly evidenced by on-site records, inspection reports, inquiry records, production records, delivery notes, product recall notices, and other evidence.
On April 24, 2023, our bureau delivered the "Administrative Penalty Notice" to the parties, informing them of the facts, reasons, basis, and content of the administrative penalty proposed by our bureau in accordance with the law, and informing them that they have the right to make statements and defend opinions in accordance with the law. The parties did not make statements or defend opinions within the statutory deadline.
The product of "Diwei Hair Dye Cream (Deep Golden Coral)" (batch number: 20210421; specification: 95ml/box; limited use date: 2024-04-20) produced by the party concerned does not detect the hair dye specified in the label and registration data, which is deemed to have not produced cosmetics according to the registered formula, constituting an illegal act of producing special cosmetics without registration, Violating Article 17 of the Regulations on the Supervision and Administration of Cosmetics: "Special cosmetics can only be produced after being registered by the drug regulatory department of the State Council, According to Article 59 of the Regulations on the Supervision and Administration of Cosmetics: In any of the following circumstances, the department responsible for drug supervision and management shall confiscate the illegal income, cosmetics produced and operated illegally, and raw materials, packaging materials, tools, equipment, and other items specifically used for illegal production and operation. If the value of cosmetics illegally operated is less than 10000 yuan, a fine of not less than 50000 yuan but not more than 150000 yuan shall be imposed. If the value of cosmetics is more than 10000 yuan, a fine of not less than 15 times but not more than 30 times the value shall be imposed. If the circumstances are serious, Order the suspension of production or business, cancel the registration by the filing department, or revoke the cosmetics license by the original issuing department. Within 10 years, do not handle the cosmetics registration or accept the cosmetics administrative license application submitted by the illegal unit. The legal representative or main person in charge, directly responsible supervisors, and other directly responsible personnel of the illegal unit shall be fined not less than 3 times but not more than 5 times the income obtained from the unit in the previous year, Prohibit them from engaging in cosmetics production and business activities for life; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law: (2) Production, operation or import of unregistered special cosmetics Punishment according to regulations.
Considering that the parties involved actively cooperate with the market supervision and management department to investigate, truthfully disclose the illegal facts, actively provide evidence materials, and actively take product recall measures, In accordance with Article 14 of the "Regulations on Regulating the Discretionary Power of Administrative Punishments by the Market Supervision and Administration Department of Guangzhou City": "(1) Those who actively cooperate with the market supervision and administration department to investigate, truthfully disclose the illegal facts, and actively provide evidence materials; (2) Those who engage in minor illegal activities and have less social harm shall be given a lighter punishment in accordance with the law. However, after being punished by our bureau for producing unregistered domestic special cosmetics on June 3, 2020 (Suiyun City Jian Ren He Shi Yao Chu Zi [2020] No. 011), the party involved committed another illegal act of the same nature on April 21, 2021, According to Article 61 of the "Measures for the Supervision and Administration of Cosmetics Production and Operation": "Any of the following circumstances shall be considered as serious circumstances as stipulated in the Regulations on the Supervision and Administration of Cosmetics: (4) Within one year after receiving administrative penalties for illegal acts of cosmetics, another illegal act of the same nature is carried out, or after receiving criminal penalties for violating laws and regulations on cosmetics quality and safety, another illegal act of cosmetics quality and safety is carried out Article 16 of the "Regulations on Regulating the Discretionary Power of Administrative Penalties by the Market Supervision and Administration Department of Guangzhou City" stipulates that in any of the following circumstances, a heavier punishment may be imposed in accordance with the law: (5) For other circumstances where a heavier administrative penalty may be imposed in accordance with the law, a heavier punishment shall be imposed in accordance with the law.
In summary, after comprehensive judgment, the parties involved shall be given heavier penalties in accordance with the law.
In accordance with Article 59 of the Regulations on the Supervision and Administration of Cosmetics, our bureau has decided to impose the following penalties on the party involved in the illegal production of unregistered domestic special cosmetics:
1、 Confiscate illegal gains of 1087.80 yuan;
2、 Fine 120000 yuan.
In addition, in accordance with Article 28, Paragraph 1 of the Administrative Penalty Law of the People's Republic of China, the parties involved are ordered to immediately stop the production of unregistered domestic special cosmetics.
The parties involved shall pay the fine at the designated bank within fifteen days from the date of receipt of this decision. If the payment is not made on time, an additional penalty of 3% of the fine amount will be imposed daily.
If you are not satisfied with this penalty decision, you may apply for administrative reconsideration to the People's Government of Baiyun District, Guangzhou (address: 25 Dajinzhong Road, Guangzhou; phone number: 36500250) within 60 days from the date of receiving the "Administrative Penalty Decision", or directly file an administrative lawsuit with a court with jurisdiction within six months.
Guangzhou Baiyun District Market Supervision and Administration Bureau
May 6th, 2023
— end—
Source: Guangzhou Market Supervision Administration
