In order to fully implement the "Regulations on the Supervision and Administration of Cosmetics" (hereinafter referred to as the "Regulations") and the "Measures for the Supervision and Administration of Cosmetics Production and Operation" (hereinafter referred to as the "Measures"), strengthen the supervision and management of online sales of cosmetics, and severely crack down on the use of online sales of illegal cosmetics. Based on the work of the first stage of the special campaign of "cleaning the net and offline" for cosmetics, the State Food and Drug Administration has decided to organize and carry out the "online net and offline cleaning of cosmetics" nationwide from October 2021 to October 2022. Qingyuan" special action. The relevant matters are hereby notified as follows:
1. Work objectives
Taking the official implementation of the "Measures" as an opportunity, comprehensively self-examine and focus on rectifying the outstanding problems existing in online sales of cosmetics, strengthen the main responsibility of cosmetics e-commerce operators, promote the effective implementation of the "Measures" on online sales of cosmetics, and regulate online sales. Cosmetics market order, to ensure the safety of public makeup.
2. Work focus
(1) Clean up and rectify unregistered or unregistered cosmetics
Carry out key inspections on the registration and filing of cosmetics sold by cosmetics e-commerce operators, and clean up and rectify unregistered special cosmetics sold on the Internet, ordinary cosmetics that have not been registered, cosmetics that fraudulently use other people's cosmetics registration certificates, and national or provincial drug supervision. Cosmetics that are notified by the management department to suspend or stop operating.
(2) Clean up and rectify the cosmetics illegally declared on the label
Carry out key inspections on whether the cosmetics product labels and other information displayed by cosmetics operators on the main page of their business activities in the e-commerce platform are comprehensive, true, accurate and consistent with the cosmetics registration or filing materials. If the labels are false or misleading, Cosmetics that expressly or implicitly have medical effects, and illegally claim that cosmetics, stem cells, acid brushing, medical skin care products, etc., will be cleaned and rectified.
(3) Clean up and rectify cosmetics with quality and safety risks
Carry out key inspections on the quality and safety of cosmetics sold by cosmetics e-commerce operators, and clean up and rectify online sales of cosmetics that illegally add substances that may endanger human health, cosmetics that use banned raw materials, and use of restricted ingredients that exceed the scope or limit. Cosmetics, etc., focusing on children's cosmetics, freckle whitening cosmetics, etc.
3. Work content
This special action highlights the problem orientation and strengthens the investigation and punishment of illegal acts in accordance with the law. It is divided into three stages: work deployment and self-inspection and rectification stage, special inspection stage, and work summary.
(1) Work deployment and self-examination and rectification stage (October 2021 to February 2022)
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should research and deploy special actions based on the actual situation in their regions, formulate detailed work plans, clarify inspection plans and inspection requirements, and decompose and implement regulatory responsibilities.
According to the focus of this special action, organize cosmetics e-commerce operators within the administrative region to carry out comprehensive self-inspection, and take timely rectification measures for problems found in the self-inspection stage. The first is to strengthen the legal training for cosmetics e-commerce operators, timely publicize and implement the new regulations and new requirements for the supervision and management of cosmetics online sales, and improve the legal awareness and responsibility awareness of cosmetics e-commerce operators. The second is to urge the operators of the cosmetics e-commerce platform within the administrative region to perform the management responsibilities of the operators within the platform according to the law, set up a cosmetics quality management agency or assign full-time and part-time personnel, perform real-name registration, establish a management system, and stop and report illegal acts. Case. The third is to urge the operators of cosmetics e-commerce platforms in the administrative region to conduct centralized inspections of the cosmetics sold on their platforms, and to conduct inspections on cosmetics that have not been registered or filed, and cosmetics that have been notified by the drug supervision and management department to suspend or stop their operations, and For other violations of the "Regulations" and "Measures", the operator of the cosmetics e-commerce platform shall take necessary measures such as deletion, blocking, and disconnection in accordance with the law or in accordance with the platform service agreement and transaction rules to stop it in a timely manner, and report to the province (region, region, or region where the platform is located). City) drug supervision and administration department (see Annex 1 for reporting requirements). At the same time, the relevant verification clues shall be handed over to the drug supervision and administration department of the province (autonomous region, municipality) where the operator actually operates on the platform (see Annex 2 for the transfer requirements). The fourth is to urge cosmetics operators on the platform to fully, truthfully and accurately disclose information such as cosmetics labels that are consistent with the cosmetics registration or filing materials they operate on the main page of their business activities, and perform obligations such as purchase inspection records.
(2) Special inspection stage (March 2022 to September 2022)
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should make overall planning, coordination, overall deployment, and organize special inspections based on the actual situation of the region. First, in response to the key rectification problems of this special action, the drug supervision and management departments of all provinces (autonomous regions and municipalities) have carried out supervision and inspection on cosmetic e-commerce operators within their respective administrative regions. The problems found in the supervision and inspection and the verification clues found in the self-inspection and rectification stage should be traced back to the source, and the registrants, filers, entrusted production enterprises and operators involved in illegal cosmetics should be investigated and dealt with according to law. The second is that the provincial (autonomous region and municipal) drug supervision and administration department where the operator of the cosmetics e-commerce platform is located should strengthen the supervision and inspection of the operators of the cosmetics e-commerce platform, focusing on the performance of the management responsibilities of the cosmetics operators on the platform, and the violation of " Operators of cosmetics e-commerce platforms stipulated in the Regulations and Measures shall be investigated and punished according to law. The third is to encourage the departments responsible for drug supervision and management to use technical means to carry out network monitoring, improve the pertinence and targeting of special actions through data retrieval, big data screening, etc. If verified, the verification clues shall be forwarded in a timely manner. The fourth is to carry out online sampling inspection of key products according to the implementation of special actions and actual needs, combined with national and provincial cosmetics supervision and sampling inspection work.
(3) Work summary stage (October 2022)
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should summarize the work of the special action in a timely manner, fill in the relevant statistical tables, sort out the existing problems, summarize the experience and practices of the special action, and submit the work summary of the special action as required.
4. Job requirements
(1) Improve political standing
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should attach great importance to the special campaign of "cleaning the net and offline sources" of cosmetics, strictly implement the territorial supervision responsibilities, clarify the responsibility of special personnel, and comprehensively strengthen the supervision and management of cosmetics e-commerce platform operators within their respective administrative areas according to their responsibilities. and the supervision of cosmetics operators on the platform, supervise the implementation of management responsibilities by operators of cosmetics e-commerce platforms, and supervise the implementation of main responsibilities by cosmetics operators on the platform. Cosmetics e-commerce operators with serious violations of the law shall be included in the key supervision objects, and the supervision and inspection and sampling inspection shall be strengthened, and their legal representatives or main responsible persons shall be interviewed when necessary.
(2) Strengthening the investigation and punishment of illegal acts
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) shall, in accordance with the "four strictest" requirements, promptly investigate and deal with the illegal clues of online sales of cosmetics discovered by special operations, and punish illegal acts in strict accordance with the "Regulations" and "Measures". It is necessary to seriously investigate and deal with a number of typical cases, increase exposure, and play a deterrent role.
(3) Strengthening departmental collaboration and the connection between executions
The drug supervision and administration departments of all provinces (autonomous regions and municipalities) should strengthen inter-departmental coordination and supervision. Those involved in false propaganda and illegal advertisements on the Internet shall be transferred to the market supervision department according to law; for enterprises that cannot be contacted, they shall be notified to the market supervision department in a timely manner, and listed in accordance with the law. If you are suspected of committing a crime, you will be transferred to the public security organ in accordance with the law.
Source: State Drug Administration