Background
The regulation of cosmetics in India is governed by the Drugs and Cosmetics Act, 1940, and the Drugs and Cosmetics Rules, 1945. These laws aim to ensure the safety, efficacy, and quality of drugs and cosmetics sold in India.
However, with the increasing complexity and volume of cosmetic products, the Cosmetic Rules, 2020 were introduced as a separate set of comprehensive rules for cosmetics. They came into force on 15th December 2020, issued by the Ministry of Health and Family Welfare.
Applicability
These rules shall be applicable to the cosmetic as defined in clause (aaa) of section 3 of the Drugs and Cosmetics Act, 1940.
Cosmetic is defined as: any article intended to be rubbed, poured, sprinkled or or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic.
Compliance requirements under the Cosmetic Rules:
An application for registration of a cosmetic product intended to be imported into India shall be made through the online portal of the Central Government in Form COS-1 either by the manufacturer himself or by his authorised agent or the importer in India or by the subsidiary in India authorised by the manufacturer.
Application for prior permission of import or manufacture a new cosmetic shall be applied to the Central Licensing Authority in Form COS-12 along with requisite fee and the data on safety and effectiveness of cosmetic.
In case of change in constitution of a registration holder or overseas manufacturer, an application for fresh registration shall be made in Form COS-1 within a period of 180 days from the date of such change in constitution.
In case of any change in respect of labelling or composition or testing of registered product or its specifications, the Central Licensing Authority shall be informed by the manufacturer or by the authorised agent or the importer or the subsidiary in India authorised by the manufacturer within fifteen days along with an undertaking that products comply with standards laid down by the Bureau of Indian Standards as referred in the Ninth Schedule.
In case of change in name or address of a registration holder or overseas manufacturer, an application for amendment shall be made in the online portal of the Central Government for prior approval from the Central Licensing Authority for the said changes in registration certificate within a period of sixty days from the date of such change.
A person aggrieved by the order for suspension or cancellation of registration certificate may appeal to the Central Government within 30 days of receipt of the order.
A cosmetic manufactured in a foreign site and already registered for import may be imported by making an application in Form COS-4. The registration number shall be in Form COS-4A, which remains valid for 3 years from the date of its issue.
Prohibition of import of certain Cosmetic:
Any person who intends to manufacture cosmetics shall make an application for grant of a licence or loan licence to manufacture for sale or for distribution to the State Licensing Authority.
Manufacture of cosmetics shall be conducted under the direction and personal supervision of competent technical staff consisting of at least one person who is a whole-time employee and who possesses any one of the prescribed qualifications.
The manufacturer shall provide adequate arrangements for testing the cosmetics manufactured and raw materials used for manufacture in such cosmetics.
The licensee shall keep records of the details of each batch of cosmetic manufactured by him and of the raw materials used therein as per particulars specified in the Eighth Schedule. Such records shall be retained for a period of three years after the date of expiry of the batch.
The licensee shall test each batch or lot of the raw materials used for manufacturing the cosmetics and also each batch of the final product. They shall maintain records or registers showing the particulars in respect of such tests. The records or registers shall be retained for a period of three years from the date of manufacture.
The licensee shall maintain an Inspection Book in Form COS-11 to enable an Inspector to record his impression and the defects noticed.
The manufacturer shall inform the Licensing Authority within thirty days, in writing, in the event of change in labelling or composition or testing, or specification or in documentation of any of the cosmetic pertaining to this license, along with an undertaking that the products comply with standards laid down by the Bureau of Indian Standards as referred in the Ninth Schedule.
Subject to the other provisions of the Act and these rules, no person shall sell or distribute any cosmetic unless the cosmetic, if of Indian origin, is manufactured by a licensed manufacturer and labelled and packed in accordance with these rules.
The licensee shall ensure compliance with all required labelling requirements as specified in the rules.
The licensee shall ensure compliance with Standards of Cosmetics laid down in Rule 39.
Penalties & Punishments
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