Reissuance of filing certificates for imported non-special use cosmetics

时间： 2022-03-03 作者：来源：

导读： I.Project name: Filing of imported non-special use cosmeticsII.Contents of licensing: Reissuance of filing certificates for import

I.Project name: Filing of imported non-special use cosmetics

II.Contents of licensing: Reissuance of filing certificates for imported non-special use cosmetics

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.Quantity restrictions: No quantity limit for the licensing

VI.List of application documents:
Data number (1) Application form for reissuance of Ddmestic special-use cosmetics’ administrative approval documents (filing certificates);
Data number (2) If the application for re-issuance is due to the damage of cosmetics administrative licenses, the original licenses should be submitted;
Data number (3) If the application for re-issuance is due to the loss of cosmetics administrative licenses, the applicant shall provide the original Declaration of Loss that has been published in provincial and above level (including provincial) newspapers, the application for such re-issuance shall be submitted 20 days after the declaration was published
Data number (4) 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

VII.Requirements for application dossier:

(I) General requirements for the dossier:
1. 1 set of original application dossier shall be submitted.
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. If the applicants failed to apply for renewal within the time line stipulated in the “Regulations for Application & Acceptance of Cosmetics Administrative Approval” (SFDA Department of administrative approval 856 [2009] No.) (hereinafter referred to as the “Regulations for Acceptance”) due to the changes, correction, replacement of cosmetics administrative approval documents (Record keeping certificates), they shall apply for renewal within 15 days after obtaining the cosmetics administrative approval documents (Record keeping certificates) for changes, correction and replacement, but such applications shall be made four months before the expiry of the cosmetics administrative approval documents (Record keeping certificates).
9. The contents of the two should be consistent.
10. Multiple products can be listed simultaneously in the certifying documents for production and sales, QMS or GMP, entrusted processing, and the documents proving manufacturers in different countries belong to the same group of companies If these products are applied simultaneously, one product may use the original documents, other products can use copies with a written statement of the name of the product using originals; if these products are not applied simultaneously, one product may use the original documents, while other products should use notarized copies, with a written statement of the name of the product using originals.
11. The applicant shall apply for renewal, change, replacement, correction and other issues respectively, one application shall be proposed only after the completion of a previous application

(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.
3. While applying for cosmetics administrative licenses (filing certificates), if the licenses (filing certificates) have specified the units responsible for administrative approval in China, the applicant shall provide, in addition to the related reissuance application dossier submitted in accordance with Article XI of the “Requirements for Application Dossier of Cosmetics Administrative Approval”, the following supplementary information:
(1) Notarized explanations issued by the manufacturer for revoking the previous units responsible for administrative approval application in China;
(2) Informed consent form issued by the previous units responsible for administrative approval application in China.

VIII.Application process diagram:

IX.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)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.

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

X.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)Administrative 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.

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

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

XII.License validity and renewal:
The same with the original administrative approval documents.
For renewal of cosmetics administrative approval documents, the applicant shall file the application four months before the expiry of certificates.

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

XIV.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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