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Cosmetics
Notice on administrative approval for new cosmetic ingredients
2013-12-05

I.Project name: Administrative approval of new cosmetic ingredients

II.Contents of licensing: Administrative approval of new cosmetic ingredients

III.Legal basis for establishment and implementation of the licensing: "Regulations on Cosmetics Hygiene Supervision", "Detailed Rules for the Implementation of Regulations on Cosmetics Hygiene Supervision", "Health Administrative Approval Procedures for Health-Related Products", "Regulations for the Application & Acceptance of Cosmetics Administrative Approval", and "Essentials for Acceptance & Review of Cosmetics Administrative Approval "

IV.Fees: No charge

V.List of application documents:
Data number (1) Application form for new cosmetic ingredients administrative approval;
Data number (2) R&D reports;
Data number (3) Descriptions and diagrams of the production process.
Data number (4) Raw material quality and safety control requirements;
Data number (5) Toxicological & safety evaluation data;
Data number (6) Copies of the certificate of entrustment and business licenses of recorded units responsible for Administrative approval in China, the copies shall be stamped with the official seal
Data number (7) Additional information that may be useful for administrative approval;
Attach a sample for review.

VI.Requirements for application dossier:

(I) General requirements for the dossier:
1. 1 full set of original application dossier and 4 copies, Which should be clear and consistent with the originals.
2. Except for the testing reports, notarized documents, official documents and third-party documents, the original dossier should be stamped page by page or cross-page stamped by the applicant; and the original dossier of imported cosmetics (with new material) should be stamped page by page or cross-page stamped by the units responsible for administrative approval in China.
3. The application dossier shall be printed in A4 size paper, marked with clear distinction signs, arranged in a predetermined order, and bound into a book.
4. Chinese legal units of measurement shall be used.
5. The contents of application should be complete, clear, and consistent.
6. All foreign languages (excl. overseas addresses, URLs, registered trademarks, patent names, SPF, PFA or PA, UVA, UVB, etc., which must be in foreign language) should be translated into standard Chinese, the translated test shall be attached to the corresponding foreign materials.
7. For re-registration after termination of application, the grounds for application termination and re-registration shall be provided; for re-registration after disapproval of administrative approval, the applicant should submit a copy of the written decision for disapproval of administrative approval (change/renewal) and a written explanation stating whether the disapproval was concerned with product safety reasons, and state the reasons for re-registration.
8. The contents of the two should be consistent.

(II) Specific requirements for application document:
1. The dossier shall be submitted item by item.
2. The entries of the application form shall be filled in as per the instructions. 
Letter of commitment (LOC) in the Administrative approval application form should be signed by legal representative of the manufacturer of imported cosmetics or new materials, or signed by the manufacturer’s authorized signatory or by the signatory of the units responsible for authorized administrative approval; the absence of official seal should be noted in the LOC’s textual place for the seal of the manufacturer.
LOC in the Administrative approval application form should be signed by legal representative, or signatory authorized by the legal representative of the units responsible for administrative approval in China, and stamped with its official seal.
The signing of the authorization and entrustment shall be accompanied with the notarized certificate of entrustment and its Chinese translation, which shall also be notarized to prove consistency with the original text. According to Article 24 of the "Dossier Requirements", each application for administrative approval shall be accompanied by the original certificate of entrustment or a notarized copy with written indication of the name of the product for which the original certificate of entrustment has been submitted. The contents of the signed authorization entrustment should not be included in the certificate of entrustment for units responsible for administrative approval in China.

VII.Application process diagram:

VIII.Approval procedures:
(I)Acceptance:
After the application is filed to the Administrative Acceptance Service Center, and the application dossier submitted is in accordance with the list in VI of this Notice, the format examination shall be conducted by the work staff of the Center in line with the "Regulations for Application & Acceptance of Cosmetics Administrative Approval" and relevant requirements. Where the application item is not subject to administrative approval according to law, a decision of non-acceptance shall be notified to the applicant immediately. Where the application item is not within the functions of the administrative authority, a decision of non-acceptance shall be made immediately, and the applicant shall be informed to launch the application to relevant administrative authority. Where in the application dossier, there are errors that can be corrected on the spot, the applicant shall be allowed to make the corrections on the spot. Where the application dossier is incomplete or does not meet the statutory format, the applicant shall be informed of all the supplements and amendments to be made once and for all on the spot or within five days. If the applicant is not informed within the above-mentioned period, the application shall be deemed as accepted from date of receipt of application materials. Where the application dossier is within the functions of the administrative authority, the application materials are complete and comply with the statutory format, or where the applicant has submitted all supplements and amendments in accordance with the requirements of the administrative authority, the application for administrative approval shall be accepted.

(II)Technical review:
CFDA Center for Health Food Evaluation shall organize relevant experts and technical personnel to conduct technical review for the application dossier within 90 days. If the applicant applies for re-examination of the technical review decision of proposed disapproval of administrative approval (Notice on disapproval of administrative approval), Center for Health Food Evaluation (CHFE) shall extend the timeline of technical review and organize experts for re-examination; when necessary, CHFE shall review the product again and issue the decision of technical review according the results of re-examination.

(III)Decision of administrative examination and approval:
CFDA shall complete the administrative inspection within 20 days after receipt of the technical review conclusions, and make decision for approval or disapproval of administrative approval according to law; if a decision cannot be made within 20 days, CFDA shall grant an extension of 10 days, and issue a "Notice on the Extension of Administrative Approval” to inform the applicant of the grounds for extension.

(IV)Delivery:
CFDA shall, within 10 days as from the decision of administrative approval, issue and deliver the related certificates for administrative approval.

IX.Commitment time frame:
(I)Acceptance: Administrative Acceptance Service Center shall make a decision of acceptance or rejection within 5 days upon receipt of the application dossier.
(II)Technical review: 90 days
(IIIAdministrative approval decision: CFDA shall make the approval decision within 20 days; if a decision cannot be made within 20 days, CFDA shall grant an extension of 10 days, and issue a "Notice on the Extension of Administrative Approval” to inform the applicant of the grounds for extension.
(IV)Delivery: CFDA shall, within 10 days as from the decision of administrative approval, issue and deliver the related certificates for administrative approval.

X.Authority of Implementation:
Implemented by: CFDA
Accepted at: CFDA Administrative Service Center

XI.License validity and renewal:

XII.Annual inspection or annual review of the license: None

XIII.Institutions for inquiries and complaints:
Inquiries: CFDA
Complaints: CFDA Bureau of Investigation and Enforcement, Department of Legal Affairs
Note: The time frame of this Notice counts on working days, excluding legal holidays

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