g of cosmetics and theimmediate containers and packing materials of cosmetics must meet theState hygiene standards.
Article 9Before a new kind of material is used to make cosmetics, an applicationmust be made to the health administrative department under the StateCouncil for approval. "New kind of material" refers to natural orsynthetic materials that are used to make cosmetics for the first time inChina.Article 10The production of special cosmetics must be approved by the healthadministrative department under the State Council. Only after an approvaldocument is obtained from this department can the factory start theproduction."Special Cosmetics" refer to those substance used for hair nourishment,hair-dye, hair perm, hair removing, breast massage, deodorant, fadingcream and antisunburn lotion.Article 11Before putting its cosmetic products onto the market, the producer isrequired to conduct hygiene quality examination in accordance with theHygiene Standard for Cosmetics formulated by the State and mark thequalified products. The products that are not examined or are not up tothe required hygiene standard are not allowed to be shipped out of thefactory.Article 12On the label of a cosmetic product, the name of the product, the name ofthe producer and the serial number of the hygiene license for theproduction enterprise must be clearly stated; on the smaller package orthe specification sheet, the date of production and expiry must be stated.In the case of special cosmetic products, the approval document numbermust also be printed. In the case of cosmetics that may cause undesirablereactions, warnings and instructions on the use of the product must bestated in the specification sheet. No indications, curative effect andmedical terms are allowed to be written on the label, on the inner packingor on the specification sheet of cosmetic products.
【章名】Chapter III Hygiene Supervision over Cosmetics Sales
Article 13No unit or person in the cosmetics business shall be allowed to sellcosmetics of the following kinds:(1) the cosmetics produced by an enterprise without a Hygiene License forthe Production Enterprise of Cosmetics;(2) the cosmetics without a quality tag;(3) the cosmetics of which the label, the smaller package or thespecification sheet does not conform to the rules stipulated in Article 12of these Regulations;(4) the special cosmetics without an approval document;(5) the cosmetics that has expired.Article 14The following content shall not be allowed to be included in cosmeticadvertising:(1) exaggerating the effectiveness of the cosmetic product through itschosen name and the description of its production method, its propertiesand efficacy;(2) giving a guarantee in the name of other people or giving a hint tolure consumers into misunderstanding the efficacy of the product;(3) advertising the medical efficacy of the cosmetic product.Article 15When a cosmetic product is imported for the first time, the importing unitis required to submit to the health administrative department under theState Council the relevant information such as the specifications, thequality standard, and the method of testing, and a sample of thatcosmetics together with a production license issued by the officialdepartment of the exporting country (or region). Only after an approval bythe health administrative department under the State Council is obtainedcan the importing unit sign the import contract.Article 16All imported cosmetics are subject to inspection by the State Bureau ofImport and Export Commodities Inspection. Only those qualified cosmeticsare allowed to be imported. Cosmetics imported in small quantity forpersonal use shall follow the import formalities in accordance withCustoms regulations.
【章名】Chapter IV The Organ for Hygiene Supervision over Cosmetics and Its Duties
Article 17The health administration departments at all government levels shallexercise hygiene supervision over cosmetics. They shall entrust aninspection organ to carry out the specific hygiene supervisory work withintheir jurisdiction.Article 18The health administrative department under the State Council shall inviteresearch specialists and experts from medical units, productionenterprises and health administration organs to form an appraisal groupfor the safety of cosmetics. They shall make appraisal of the safety ofimported cosmetics, special cosmetics and the new ingredients ofcosmetics. Besides, they make technical investigation in the hazardousresults of cosmetics of poor quality.Article 19The health administration departments at all levels shall appoint cosmetichygiene supervisors to exercise hygiene supervision over cosmetics.Cosmetics hygiene supervisors shall be selected by the healthadministrative department under the State Council, at the provincial,autonomous regional or municipal (directly under the Central Government)level from among qualified hygiene personnel and shall be issued withbadges and identity cards.Article 20When carrying out their duties, the cosmetic hygiene supervisors arerequired to wear their badges and show their identity cards. They mustkeep confidential the technical data presented by the productionenterprises.Article 21Cosmetic hygiene supervisors are vested with the right to conduct sampletesting of the cosmetics of any production or business unit. They may askfor information of cosmetic safety that is related to their hygienesupervisory work. No unit shall refuse to provide or withhold the facts,or to present false material.Article 22The health administration departments, the cosmetic hygiene supervisors orthe hygiene supervision and inspection organs at all levels are notallowed to have a hand in the production, sale or supervision of themaking of cosmetics in the form of technical consultancy, technicalservice and under any other pretences.Article 23If any medical treatment unit finds out any cases who suffer fromundesirable effect after using a certain cosmetics, it is required to makea report to the local health administration department.
【章名】Chapter V Penalty Provisions
Article 24If any production enterprise without a Hygiene License for the ProductionEnterprise of Cosmetics is found to have made cosmetics withoutauthorization, it shall be ordered to stop production and its products andillegal earnings shall be confiscated and a fine 3 to 5 times the illegalprofits shall be imposed on it.Article 25If any production enterprise without holding an approval document is foundto have produced special cosmetics or have used prohibited materials orany new ingredients that had not been previously approved, its productsand illegal earnings shall be confiscated and a fine 3 to 5 times theirillegal profits shall be imposed on it. It may be ordered to stopproduction or to have its Hygiene License for the Production Enterprise ofCosmetics revoked.Article 26Those who import or sell imported cosmetics that have not been approved orexamined shall be punished by having their goods and illegal earningsconfiscated and by a fine 3 to 5 times their illegal profits.As for those enterprises holding an approval document for the productionof special cosmetics, if they violate these provisions and the case isserious enough, their approval document shall be revoked.Article 27Those who produce or sell any cosmetics that are not up to the StateHygiene Standard for Cosmetics shall be punished by having their productsand illegal earnings confiscated and by a fine 3 to 5 times their illegalprofits.Article 28If any production enterprise or business enterprise violates other rulesof these Regulations, they shall be given a warning and be ordered tocorrect their wrong doings within a prescribed period of time; if the caseis serious enough, in the case of a production enterprise, it shall beordered to stop production or to have its Hygiene License for theProduction Enterprise of Cosmetics revoked; and, in the case of a businessenterprise, it shall