China Proposes Draft for Cosmetics Safety Risk Monitoring: Key Updates and Implications

On 17 October 2024, China notified the World Trade Organization (WTO) of its proposed Provisions for Cosmetics Safety Risks Monitoring (G/TBT/N/CHN/1931). This nine-page draft, issued by the National Medical Products Administration (NMPA), outlines measures to improve cosmetics safety monitoring, promote industry development and safeguard consumer health.

The draft aims to establish robust mechanisms to identify and mitigate risks associated with cosmetics and to ensure the safety and quality of products on the market.

Scope and Objectives of the Draft

• Main Focus: The proposed provisions apply nationwide to departments responsible for the regulation of cosmetics. These regulations focus on the monitoring of risk factors affecting the safety of cosmetics through inspection, testing and analysis.

• Main Objectives:

  • To identify potential risks in cosmetics.

  • Provide scientific support for the development of risk control measures and safety standards.

  • Enhance safety communication and implement risk alerts.

The draft also emphasizes the monitoring substances harmful to human health, including those likely to affect vulnerable populations such as children.

Implementation Framework and Responsibilities

• National and Local Oversight:

  • The NMPA will lead national monitoring efforts and develop a centralized information system for risk analysis.

  • Provincial, municipal and county-level authorities will organize localized monitoring and contribute to national initiatives.

• Sampling and Inspections:

  • Authorities will conduct targeted sampling based on risk levels, focusing on high-risk products and problem locations.

  • Samples will be analysed in accredited laboratories under strict quality assurance protocols.

The draft mandates confidentiality for monitoring data and sets out procedures for dealing with abnormalities, including unregistered or mislabelled products.

Risk Evaluation and Regulatory Actions

• Follow-Up Measures:

  • Risk monitoring results will guide the development of new safety standards and the revision of to existing ones.

  • Problematic samples may lead to investigations, risk control measures, or communication campaigns to raise consumer awareness.

Authorities are encouraged to use innovative methods to monitor unexplored risks and to improve testing protocols for high-risk substances for which there are no standardized methods.

Consultation and Next Steps

• Public Feedback Period: Stakeholders have 60 days from the date of notification to comment on the draft rules.

• Further Information: Interested parties can access the full draft here and submit feedback through the WTO/TBT National Notification and Enquiry Centre of China.

These draft provisions represent a significant step in ensuring the safety and quality of cosmetics in China, and underscore the government's commitment to consumer protection and industry development.