Article 13 No unit or person in the
cosmetics2 business shall be allowed to sell cosmetics of the following kinds:
(1) the cosmetics produced by an enterprise without a Hygiene3 License4 for the Production Enterprise of Cosmetics;
(2) the cosmetics without a quality tag;
(3) the cosmetics of which the label, the smaller package or the specification5 sheet does not conform to the rules stipulated6 in Article 12 of these Regulations;
(4) the special cosmetics without an approval document;
(5) the cosmetics that has expired.
Article 14 The following content shall not be allowed to be included in cosmetic1 advertising7:
(1) exaggerating the effectiveness of the cosmetic product through its chosen name and the description of its production method, its properties and efficacy;
(2) giving a guarantee in the name of other people or giving a hint to lure8 consumers into misunderstanding the efficacy of the product;(3) advertising the medical efficacy of the cosmetic product.
Article 15 When a cosmetic product is imported for the first time, the importing unit is required to submit to the health administrative9 department under the State Council the relevant information such as the specifications10, the quality standard, and the method of testing, and a sample of that cosmetics together with a production license issued by the official department of the exporting country (or region)。 Only after an approval by the health administrative department under the State Council is obtained can the importing unit sign the import contract.
Article 16 All imported cosmetics are subject to inspection11 by the State Bureau of Import and Export Commodities Inspection. Only those qualified12 cosmetics are allowed to be imported. Cosmetics imported in small quantity for personal use shall follow the import formalities in accordance with Customs regulations.
Chapter IV The Organ for Hygiene Supervision13 over Cosmetics and Its Duties
Article 17 The health administration departments at all government levels shall exercise hygiene supervision over cosmetics. They shall entrust14 an inspection organ to carry out the specific hygiene supervisory work within their jurisdiction16.
Article 18 The health administrative department under the State Council shall invite research specialists and experts from medical units, production enterprises and health administration organs to form an appraisal17 group for the safety of cosmetics. They shall make appraisal of the safety of imported cosmetics, special cosmetics and the new ingredients of cosmetics. Besides, they make technical investigation18 in the hazardous19 results of cosmetics of poor quality.
Article 19 The health administration departments at all levels shall appoint cosmetic hygiene supervisors20 to exercise hygiene supervision over cosmetics.
Cosmetics hygiene supervisors shall be selected by the health administrative department under the State Council, at the provincial21, autonomous22 regional or municipal (directly under the Central Government) level from among qualified hygiene personnel and shall be issued with badges and identity cards.
Article 20 When carrying out their duties, the cosmetic hygiene supervisors are required to wear their badges and show their identity cards. They must keep confidential23 the technical data presented by the production enterprises.
Article 21 Cosmetic hygiene supervisors are vested with the right to conduct sample testing of the cosmetics of any production or business unit. They may ask for information of cosmetic safety that is related to their hygiene supervisory work. No unit shall refuse to provide or withhold24 the facts, or to present false material.
Article 22 The health administration departments, the cosmetic hygiene supervisors or the hygiene supervision and inspection organs at all levels are not allowed to have a hand in the production, sale or supervision of the making of cosmetics in the form of technical consultancy, technical service and under any other pretences25.
Article 23 If any medical treatment unit finds out any cases who suffer from undesirable26 effect after using a certain cosmetics, it is required to make a report to the local health administration department.
Chapter V Penalty Provisions
Article 24 If any production enterprise without a Hygiene License for the Production Enterprise of Cosmetics is found to have made cosmetics without authorization27, it shall be ordered to stop production and its products and illegal earnings28 shall be confiscated29 and a fine 3 to 5 times the illegal profits shall be imposed on it.
Article 25 If any production enterprise without holding an approval document is found to have produced special cosmetics or have used prohibited materials or any new ingredients that had not been previously30 approved, its products and illegal earnings shall be confiscated and a fine 3 to 5 times their illegal profits shall be imposed on it. It may be ordered to stop production or to have its Hygiene License for the Production Enterprise of Cosmetics revoked31.
Article 26 Those who import or sell imported cosmetics that have not been approved or examined shall be punished by having their goods and illegal earnings confiscated and by a fine 3 to 5 times their illegal profits.
As for those enterprises holding an approval document for the production of special cosmetics, if they violate these provisions and the case is serious enough, their approval document shall be revoked.
Article 27 Those who produce or sell any cosmetics that are not up to the State Hygiene Standard for Cosmetics shall be punished by having their products and illegal earnings confiscated and by a fine 3 to 5 times their illegal profits.
Article 28 If any production enterprise or business enterprise violates other rules of these Regulations, they shall be given a warning and be ordered to correct their wrong doings within a prescribed period of time; if the case is serious enough, in the case of a production enterprise, it shall be ordered to stop production or to have its Hygiene License for the Production Enterprise of Cosmetics revoked; and, in the case of a business enterprise, it shall be ordered to stop business, have its illegal earnings confiscated and be punished by a fine 2 to 3 times their illegal profits.
Article 29 Disciplinary sanctions for violation32 of these Regulations shall be decided33 by the health administration departments at or above the county level.
Disciplinary sanctions for violation of Article 14 of these Regulations hall be decided by the administration department for industry and commerce.
The punishment by revocation34 of the Hygiene License for the Production Enterprise of Cosmetics shall be decided by the health administration department at the provincial, autonomous regional or municipal (directly under the Central Government) level. The punishment by revocation of the approval document for the production of special cosmetics shall be decided by the health administrative department under the State Council. The fine and confiscation35 shall all be turned over to the State treasury36 and the products confiscated shall be disposed under the supervision of the health administration department.
Article 30 If the party concerned does not accept the disciplinary sanction imposed by the health administration department, it may appeal to the health administration department at a higher level for a review of the case within 15 days after receiving the notification of the sanction. The higher health administration department is required to give a reply within 30 days. If it is still not satisfied with the decision made by the health administration at the higher level, it may bring a suit to the people's court within 15 days after receiving the notification of the reconsideration, but it must carry out at once the order of the health administration department about confiscation of their products and suspension of production. If, upon the expiration37 of this period, the party has neither applied38 for reconsideration nor complied with the sanction, the health administration department may request the people's court to take enforcement at law.
Article 31 In the case that the consumer is harmed physically39 or poisoned as a result of violation of these Regulations, the production enterprise, the business enterprise or the persons who are directly responsible for the consequences must compensate40 for the loss. If the case has produced serious consequences, the party responsible shall be prosecuted41 for criminal responsibility by the judicial42 organs in accordance with the law.
Article 32 Any cosmetic hygiene supervisor15 who abuses his power or engages in malpractices for personal gains or discloses the technical data provided by the enterprise shall be subject to disciplinary sanctions; and if the case is serious enough to constitute a crime, he shall be prosecuted for criminal responsibility according to law.
Chapter VI Supplementary43 Provisions
Article 33 Hygiene supervision work over the cosmetics produced and put to sale on the market by any units in the People's Liberation Army shall be conducted in accordance with these Regulations.
Article 34 The right to interpret these Regulations resides in the health administration department under the State Council and the rules for the implementation44 of these Regulations shall be formulated45 by the health administration department under the State Council.
Article 35 These Regulations shall come into force as of January 1, 1990