as follows
Chapter I General Provisions
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 produced in People's Republic of China (PRC), including sub-packaging and sales.
Article 3 Cosmetics mentioned in these Provisions refer to products that are applied to human panels, hair, nails, lips and teeth by smearing, spraying or other similar methods to achieve cleaning, maintenance, beautification, modification and change of appearance, or to correct human body odor and keep them in good condition.
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.
[Interpretation] This article is about the definition of cosmetics and cosmetics labels.
I. Definition of cosmetics
Compared with the definition of cosmetics in previous regulatory work and the definition in national standards, this definition of cosmetics includes oral cleaning and nursing products such as toothpaste and mouthwash, as well as cleaning products such as soap, shower gel and hand sanitizer.
This paper not only provides the definition of cosmetics, but also summarizes the uses and main functions of cosmetics, as follows:
1. Cleaning refers to removing dirt and odor from face, body surface, toenails, hair, lips, mouth and teeth, so as to achieve the purpose of cleaning and eliminating odor. Cosmetics with cleaning function include makeup remover, water, gel, scrub, shampoo, facial cleanser, shower gel, hand sanitizer, soap, toothpaste, mouthwash and so on.
2. Maintenance function refers to cosmetics that care and nourish the face, body surface, hair, teeth and other parts, resist the damage of adverse external environmental factors, keep the skin soft and smooth, make the hair smooth and shiny, and delay skin aging, including: various moisturizing creams, creams, topical ointments, essences, etc.
3. Beautify, modify, change the appearance, or correct the body odor, refers to beautify and modify the face, body surface, hair and teeth, or improve the body odor and emit fragrance, so as to achieve the effect of enhancing charm. Including all kinds of make-up, perfume, cologne, mousse and spray hair gel. Oil painting pigments used only in art and drama do not belong to the category of cosmetics.
Second, about the definition of cosmetics logo
Cosmetic label refers to the information provided by producers to help consumers understand the ingredients, quality, hospitality standards, product uses, usage methods, storage conditions and deadlines.
The contents of the logo generally include descriptive information such as the name, quality, efficacy, use, production and operator information of cosmetics, and can be combined with words, symbols, numbers and patterns.
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:
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. Attribute names should indicate the objective form of products, and abstract names are not allowed; 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.
[Interpretation] This article is about the name of cosmetics.
The name of cosmetics should be marked in a prominent position on the display surface of product sales packaging. If the cosmetic sales package cannot be marked on the display surface due to its shape and/or volume, it can be marked on its visible surface.
Display surface refers to any surface that consumers can see except the bottom surface when cosmetics are displayed.
Visible surface refers to any surface that consumers can see without destroying the sales package of cosmetics. If it can be restored after opening, it can be regarded as undamaged sales packaging.
Cosmetic names generally consist of three parts: brand name, generic name and attribute name.
First of all, about the trademark name.
Second, about common names.
Commodity generic name refers to the standardized appellation used by a country or industry to reflect the fundamental difference between one commodity and another. Generic names should be accurate and scientific, which can be words describing the main raw materials, uses, functional components or product functions of the product, but words that express or imply medical functions should not be used, but some embellishments can be often added to make the product names more beautiful and fashionable, such as XX starlight moisturizing cleanser and XX gold-plated colorful eye shadow cream.
Thirdly, about attribute names.
The attribute name of a product refers to the words that express the objective physical form of the product, such as cream, water, liquid, powder, gel, etc. Don't use abstract names, such as "XX Skin Care Essence" and "XX Whitening".
However, for products whose attributes are widely known to consumers and industries, as well as established products, their attribute names can be omitted. Such as eye shadow, lipstick, mask, eye mask, foundation, nail polish, eye color, lip gloss, blush, conditioner, essence, hair mask, rouge, etc.
In addition, if national standards, industry standards and enterprise standards have provisions on product names, they shall be implemented in accordance with relevant regulations in principle.
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.
[Interpretation] This article is a supplementary provision for the name of cosmetics.
The "strange name" of a product, which can also be called "innovative name", refers to a new name created by an enterprise in the promotion of product innovation, which has not been widely used in the industry before, and the product name is marked with the same font size near the "strange name" it uses.
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 to the provincial level according to administrative divisions.
[Interpretation] This article is a regulation on the determination of the actual production and processing place of cosmetics.
In the past, the whole production process of cosmetics was independently completed by production enterprises, but with the gradual increase of entrusted processing forms, a product, seller and person in charge may not be completely unified.
The provisions of this article are mainly to facilitate consumers to identify the real production and processing places of products and give consumers full right to know; At the same time, it is also convenient for the regulatory authorities to accurately locate in their work, quickly find the place of origin when emergencies occur, and control the development of things.
First, the definition of actual production and processing sites.
The actual production and processing place refers to the location of the enterprise that completed the final manufacturing process of the product, that is, the location of the enterprise that finally formed the composition and proportion of the product content.
The actual production and processing place is not the final completion place of production, and the sub-packaging process still belongs to the production process. Our determination of the actual production and processing place is based on the degree of influence of each link in the production process on product quality and safety and product characteristics.
For the definition of the final manufacturing process of products, according to the characteristics of products, there are the following situations;
1. For products that do not need special technology for filling, such as emulsion, cream, emulsion and other products, the manufacturing place of the contents is the actual production and processing place of the products.
2. The final manufacturing process of aerosol products that need to be filled with propellant gas is "filling gas into the contents and filling", which is the actual production and processing place.
3. Products requiring special filling or assembly process:
1 Products that need to be molded, such as lipstick and powder cake. , are manufactured in the final manufacturing process of "manufacturing contents before molding", that is, the actual production and processing place.
The final manufacturing process of double-sided adhesive film is "soaking non-woven fabric in stock solution", which is located in the actual production and processing place of products.
Capsule products are actually produced and processed in the place where the final manufacturing process of "coated contents" is completed.
4. If some raw materials need to be added to the intermediate product before filling, the actual production and processing place of the product should be the place where some raw materials are added in the final manufacturing process.
5. The actual production and processing places of other products shall be interpreted by AQSIQ.
Second, the actual production and processing of specific labeling methods
1. The marking method of the actual production and processing place consists of "guide word+at least provincial regional name", and the guide word should be "actual production and processing place", "actual production place", "production place" or "production place".
2. The actual production and processing places of cosmetics shall be marked at least at the provincial level according to administrative divisions. Such as Shanghai, Jiangsu and Anhui.
Three, about the special situation of actual production and processing.
1. If there are more than two actual production and processing places for the same product, a label can be used when marking the actual production and processing places according to the above provisions, but the name and address of the actual production and processing places and the responsible enterprise must be listed on the label one by one; And in the corresponding actual production and processing sites for marking, marking methods can be letters, numbers or symbols. , consumers can clearly identify, such as writing on the label "see the letter at the end of the batch number for the code of origin".
2. For cosmetics that are jointly completed by two or more countries or regions, and part of the process is completed in China, and the responsible party is an enterprise in China and sold in China, the actual production and processing place shall be determined according to the above principles. Where the actual production and processing place is within the territory of China, it shall be marked in accordance with the provisions of this article; Where the actual production and processing place is a country or region outside China, the actual production and processing place shall be marked as the actual production country or region, and other specific contents shall be marked according to relevant requirements.
Article 9 Cosmetic labels shall indicate the name and address of the manufacturer. The name and address of the producer should be the name and address of the production 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. Group companies or their subsidiaries that independently assume legal liabilities according to law shall indicate their respective names and addresses;
(2) The name and address of the branch or production base of a group company that cannot bear legal responsibility independently according to law may be marked, or only the name and address of the group company may 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, 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;
The name of the actual production and processing enterprise, the name and address of the sub-packer and the words sub-packer shall be marked respectively.
[Interpretation] This article is a provision for labeling the name and address of the producer.
I. Name and address of the manufacturer
Producer refers to the organizer or undertaker of product manufacturing behavior, and is an enterprise or individual who bears the responsibility of product quality law. It may or may not directly engage in product manufacturing.
The name and address of the producer refers to the legally registered name and address, that is, the address should be consistent with the domicile in the Business License of the enterprise. The registered address can be the same as or different from the actual production address of the enterprise.
Registration refers to the behavior that an enterprise should apply to the company registration authority for establishment registration at the beginning of the company's establishment, and the company registration authority will issue the company's nutrition license.
Second, about the entrusted processing and repackaging
1. About entrusted processing
Entrusted processing is a kind of production behavior of enterprises, that is, the product owner entrusts others to complete the production, and it is also a mode of production in which Party A entrusts Party B to produce through contract orders, and Party A bears the product responsibility.
The definition of entrusted processing of cosmetics refers to the act of entrusting the process that directly contacts with the contents, which can be the manufacturing, molding, filling and processing activities including any of the above processes.
The entrusted enterprise must be a legally operated enterprise, which may or may not have a production license for the entrusted product, and the entrusted enterprise must hold a legal and valid cosmetics production license.
2. About repackaging
Sub-packaging refers to the process of filling the contents from large packaging to single sub-packaging without changing the proportion, appearance and characteristics of semi-finished products, which may or may not be the minimum sales packaging of the product after the final manufacturing process is completed by the production enterprise.
3. Name and address of the enterprise entrusted with processing products.
For cosmetics commissioned for production and processing, there are mainly the following types of enterprise names and addresses:
1. 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;
2. If the entrusted enterprise has no production license for processing cosmetics, it shall indicate the name, address and name of the entrusted enterprise;
3. The sub-packaging enterprise accepts the entrustment of the entrusting enterprise, sub-packages for the entrusting enterprise, labels and sells the trademark of the entrusting enterprise, and entrusts the enterprise to bear the product responsibility. This is not only entrusted processing, but also sub-packaging, which should be handled according to the labeling requirements of entrusted processing and sub-packaging.
Four. Labeling of cosmetic packaging information
At present, the production license of cosmetics production enterprises can be divided into production license and sub-packaging license according to categories. An enterprise with a production license can produce or repackage cosmetics, and an enterprise with a repackaging license can only repackage cosmetics, but cannot manufacture contents.
If there is packaging in the production process of cosmetics, it should be labeled: the name of the actual production and processing enterprise, the name and address of the packaging enterprise and the words packaging. If there is entrusted processing at the same time, the entrusted processing information shall be marked according to the contents marked in this article. Other contents that need to be marked shall be marked in accordance with the relevant provisions of this interpretation.
Example:
XXX hand cream
Producer: Beijing XXX Cosmetics Co., Ltd. entrusts the enterprise or the trademark holding enterprise "producer" does not need to be filled in.
Address:No. XX, XXX Road, Beijing Registered Address
Actual production and processing enterprise: Shanghai xxxxx Co., Ltd.
Address:No. xx, xxx Road, Shanghai, not required.
Origin: Shanghai
Other contents to be marked.
Example: Beijing XXX Cosmetics Co., Ltd. entrusts enterprises or trademark holders to make or write "distribution".
Address: Registered address:No. XX, XXX Road, Shanghai.
Manufacturer: Shanghai xxxx Co., Ltd.
Origin: Shanghai
Other contents to be marked.
For example: XXX skin care water
Shanghai XXX Cosmetics Co., Ltd. entrusts an enterprise or holds a trademark.
Registered address of XX Road in Shanghai
Manufacturer: semi-finished products of Guangzhou XXX Cosmetics Company
Origin: Guangdong Province
Sub-packaging enterprise: Shanghai xxxx co., ltd
Packing address:No. xx, xx Road, Shanghai
Other contents to be 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.
[Interpretation] This article is about the requirement of labeling date of cosmetics.
Cosmetic dates can be marked in either of the following two ways:
1. Indicate the production date and shelf life at the same time;
2. Mark the production batch number and expiration date at the same time.
The production date is the date when the producer completes the production of finished products and forms the final sales package. It can be the filling date or packaging date of the product. , and the label must be marked with guiding words such as "production date" or "production date in packaging" in order of year, month and day.
The production batch number is the number given by the producer according to the product batch, which is determined by the production enterprise.
The requirements for labeling the expiration date are: please use it before labeling the date, expiration date or expiration date in the package, and label it in the order of year, month and day.
In addition to the production batch number, the visible surface of cosmetics sales package shall be marked with the expiration date, production date and shelf life by direct printing, spraying or stamping, and the visible surface may not be marked with the production batch number.
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.
[Interpretation] This article is about the regulation of labeling the net content of cosmetics.
The labeling of net content consists of three parts: "net content" in Chinese, numbers expressed in Chinese and legal units of measurement or counting. According to the liquid, solid and semi-solid states of cosmetics, the labeling requirements are as follows:
1. Liquid cosmetics refer to products with a certain volume but no fixed shape, which can flow quickly at normal temperature and pressure, such as emulsion. , the net content should be expressed by volume.
2. Solid cosmetics refer to products with physical volume and shape at normal temperature and pressure, such as cosmetic powder, whose net content should be expressed by quality.
3. Semi-solid or viscous cosmetics refer to cosmetics with relative fluidity between solid and liquid, such as wax, cream and emulsion cosmetics, and the net content can be expressed by mass or volume.
4. If multiple pieces of goods with the same quantitative package are contained in the same package, the net content and the total number of pieces of the goods with a single quantitative package shall be marked, or the total net content shall be marked. Where there are many different kinds of quantitatively packed commodities in the same package, the net content of each package and the quantity of different kinds of quantitatively packed commodities shall be indicated, or the total net content of different kinds of quantitatively packed commodities shall be indicated separately.
Article 12 A cosmetic label shall indicate a list of all ingredients. The marking methods and requirements shall conform to the corresponding standards. It was implemented on June 20 10 and will not be explained for the time being.
Thirteenth cosmetics labels should be marked with the national standards, industry standards or registered enterprise standards. Cosmetic labels must contain product quality inspection certificates.
[Interpretation] This article is about the labeling of product execution standard number and product quality inspection certificate.
The product standard number consists of standard code, standard release serial number and standard release year number, and there is no need to mark the year number in the label.
Cosmetics are mass-produced products, and the inspection method is batch-by-batch sampling inspection. The word "qualified" can be printed on the label, instruction and packaging of the product, and the product quality inspection certificate can also be attached to the transport packaging box.
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.
If the entrusted enterprise has no production license for the products it has entrusted to process, it shall indicate the name and domicile of the entrusted enterprise, as well as the name, production license mark and number of the entrusted enterprise. Other contents that need to be marked shall be marked as required.
Products without production license management do not need to be marked with production license mark and QS mark, such as bathing agent.
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. Exaggerate functions, falsely publicize and belittle the contents of similar products;
2. Contents that express or imply medical functions;
3. Product names that are easy to cause misunderstanding or confusion to consumers;
Contents prohibited by other laws, regulations and national standards.
[Interpretation] This article is related to cosmetics promotion.
Words that promote medical functions, such as treatment, disinfection, detoxification, anti-inflammatory, anti-inflammatory, regulating qi, promoting qi circulation, promoting blood circulation, promoting granulation, enriching blood, calming the nerves, strengthening the brain, invigorating qi, dredging meridians, diuresis, expelling cold and detoxifying, regulating endocrine, delaying menopause, tonifying kidney, expelling wind, preventing cancer, removing scars, lowering blood pressure and preventing hypertension in Han nationality, are not allowed to be used in cosmetics.
Chapter III Identification Forms of Cosmetic Labels
For the relevant contents of Article 17, Article 18, Article 19, Article 20 and Article 21, see the 100 directive.
Article 22 If the maximum surface area of a cosmetic packaging container is more than 20 square centimeters, the font height of the content marked on 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 square centimeter and the net content is not more than15g or15ml, its logo 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.
[Interpretation] This article is about the content and font size of mandatory labeling in cosmetics labels.
Mandatory labeling contents include product name, manufacturer's name and address, actual production and processing place, net content, production date and shelf life or production batch number and limited use date, total ingredient list of cosmetics, number and mark of production hygiene license, product standard number, safety warning words and appropriate labeling contents including use guide and storage conditions when necessary. The information of entrusted processing and sub-packaging is labeled according to the actual situation of products.
Cosmetics for consumers to use free of charge with corresponding labels, such as gifts and non-sale products, can be exempted from the following contents: net content, list of all ingredients of cosmetics, production license number and standard number.