Definition of cosmetic products as per Indian regulation. Indian regulatory requirements for labeling of cosmetics .Regulatory provisions relating to import of cosmetics ,Misbranded and spurious cosmetics. Regulatory provisions relating to manufacture of cosmetics – Conditions for obtaining license, prohibition of manufacture and sale of certain cosmetics, loan license, offences and penalties.
2. CONTENTS
DEFINITIONS
REGULATORY PROVISION RELATED TO IMPORT OF COSMETICS
REGULATORY PROVISION RELATED TO MANUFACTURE OF
COSMETICS
REGULATORY PROVISION RELATED TO LABELLING OF COSMETICS
OFFENCES AND PENALTIES
3. DEFINITION OF COSMETICS AS PER
INDIAN REGULATION
According to D & C Act 1940 and the rule in 1945,
“Cosmetic is define as the means any article intend to be rubbed, poured,
sprinkled or sprayed on, or introduced into, or otherwise applied to, the
human body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and includes any article intended for
use as a component of cosmetic”.
4. MISBRANDED COSMETICS
If it contain a color which is not prescribed.
If it not labelled in the prescribed manner.
If the label or container bears any statement which is false or misleading in
anyparticular.
5. SPURIOUS COSMETICS
If it is imported under a name which belongs to another cosmetics.
If the label or container bears the name of an individual or a company
purporting to be the manufacturer of the cosmetic which individual or company
is fictitious or does not exist;
If it purports to be the product of a manufacturer of whom it is not truly a
product.
6. REGULATORY PROVISION RELATED TO IMPORT
OF COSMETICS
Import of certain cosmetic is prohibited under D&C Act rules Sec10 of theactandrules
129F,134A,135,135A of D & C rules 1945,they are
Any cosmetic which is not of standard quality.
Any misbranded or spurious cosmetic.
Any cosmetic containing any ingredient which may render it unsafe or harmful for
use under the directions indicated or recommended.
Any cosmetic the import of which is prohibited by rule.
Any cosmetic containing hexachlorophene.
Any cosmetic in which lead and arsenic compound has been used for coloring
purpose.
Any cosmetic which contains mercury compound.
7. 1)APPLICATION FOR REGISTRATION
CERTIFICATION OF COSMETICS
Application (FORM 42)+ Fees of US $250 (Equivalent to Indian money)
Submitted to office of licensing authority appointed by central Govt
Application contain all information and signed behalf of manufacturer
Single application is enough for import of cosmetics from same manufacturer
8. 2)GRANT FOR REGISTRATION CERTIFICATE
Registration Certificate should be issued within 6 months from date of receipt
of application.
Beyond 6 months ,Licensing authority can issue registration certificate with
additional 3 months by recording reason for delay.
Registration issued in the FORM 43.
It is valid for 3 years from date of issue.
If registration certificate is not given at stipulated time ,applicant appeal for
central Govt.
If original certificate damaged or lost ,a duplicate copy can get from licensing
authority by paying a fees of US $100.
9. 3)CANCELLATION OF REGISTRATION
CERTIFICATE
If the manufacturer of cosmetics fails to comply with any of the condition of
registration certificate ,they can cancel registration certificate.
Incase of any issue ,applicant can appeal to central Govt within 30 days.
11. 5)SOME PROHIBITED COSMETICS
Misbranded Cosmetics
Spurious Cosmetics
Rule 134 of D&C Act stipulates that no cosmetic shall be imported which
contains a coal tar color other than the one prescribed in schedule ’Q’.
Coal tar color used in cosmetics shall not contain more than:
2ppm of arsenic calculated as arsenic trioxide,
20ppm of lead calculated as lead,
100ppm of heavy metals other than lead calculated as the total of the respective
metals.
12. REGULATORY PROVISION RELATED TO
MANUFACTURE OF COSMETICS
CONDITIONS FOR OBTAINING LICENSE:
• A license is required for the manufacture of cosmetic for
sale/distribution.
• This license is issued by the state regulatory authorities (State Food and
drugs administration).
• Application is required to made in Form no 31.
• The application should accompanied by a fee of Rs.2500 and inspection fee of
Rs.1000 additional fee will be deposited, if no of items in any category not exceeds
ten.
13. Cont,
The application is accompanied with following documents.
1. Layout plan of the factory premises
2. A list of equipment and machinery to be installed.
3. A document showing the constitution of the firm.
4. A document showing the possession of applicant on the proposed premises
for factory e.g. rent receipt.
• Apart from the following documents state drug control departments also
required some affidavits or some other relevant information.
• Before granting the license (which is issued in form no 32) the factory premises
is inspected by the officer of the state regulatory agency.
14. Cont,
During inspection the officer finds out weather:
1. The applicant has provided adequate space for manufacturing, quality control and storage
of raw materials, packaging materials and finished products.
2. The applicant has provided adequate Equipment and machinery for manufacture of
cosmetics which he intends to manufacture.
3. The applicant has provided adequate testing facilities for raw materials and finished form of
cosmetics.
4. The applicant has whole time services of a person who has either of the qualifications,
-Diploma in pharmacy,
- registered pharmacist,
- intermediate in science with chemistry as one of the subjects.
15. Cont,
Schedule M (II) of Drug and Cosmetic rule 1945 Deals with Requirements for the
factory premises for manufacture of cosmetics. It covers:
I. General requirements:
Location and Surroundings.
Buildings.
Water supply.
Disposal of water.
Health clothing and sanitary requirements of the staff
Medical devices
Working benches for the operation of cosmetics
16. Cont,
II. Requirements of Plant and Equipment's:
The following equipment's, area, and other requirements are recommended for
manufacturing of
A. POWDER: (face powder, cake make-up, compacts, face packs, rouges etc.)
a. Powder mixer of suitable type provided with a dust collector
b. Perfume and color blender.
c. Ball mill or suitable grinder.
d. Filling and Sealing equipment
e. Weighing and measuring device
f. Storage tanks.
g. An area of 15 square meters is recommended.
17. II. Requirements of Plant and Equipment's:
B. CREAMS, LOTIONS, SHAMPOOS, HAIR OILS:
a. Mixing and storage tanks of suitable materials.
b. Suitable agitator.
c. Heating kettle steam gas or electrically heated.
d. Filling and Sealing equipment
e. weighing and measuring devices.
f. An area of 25 square meters is recommended
18. II. Requirements of Plant and
Equipment's:
C. LIPSTICKS:
a. Vertical mixer.
b. Mixing vessel.
c. Triple roller mill/ball mill.
d. Weighing and measuring devices.
e. An area of 15 square meters is recommended
19. II. Requirements of Plant and
Equipment's:
D. HAIR DYES:
a. Stainless steel tanks.
b. Mixer.
c. Filing and sealing unit.
d. Weighing and measuring devices
e. Gloves, masks.
f. An area of 15 square meter is recommended.
20. II. Requirements of Plant and
Equipment's:
E. AREOSOL:
a.Air compressor.
b.Mixing tanks
c.Filtering. Filling and cramping equipment.
d.Liquid filing unit
e.Leak test equipment.
f. fire extinguisher
g. An area of 15 square meters recommended
21. B) Conditions of License
a) Manufacturer shall have to continue to provide and maintain the premises,
equipment and staff as at the time of grant of license.
b) Manufacturer should test each batch of raw material before its use in the
manufacture of cosmetic.
c) Manufacturer should have to test each batch of finished cosmetics.
d) Manufacturer should have to maintain records of raw materials,
manufacturer of each batch of cosmetic and their testing.
22. MANUFACTURING RECORDS
Particulars to be shown in the manufacturing records: (schedule ‘U’)
1. Serial number.
2. Name of the product.
3. Batch size.
4. Batch number.
5. Name of all ingredients and quantities used.
6. Actual production and packaging particulars indicating the size and quantity
of finished packing.
7. Signature of the expert staff responsible for the manufacture.
23. PROHIBITION OF MANUFACTURE /SALE
OF CERTAIN COSMETICS
i. Any cosmetic this is not of Standard Quality or is misbranded or spurious.
ii. A cosmetic containing ingredient which render it injurious or harmful or unsafe to use.
iii. A cosmetic whose import is prohibited by rule.
iv. Any cosmetic accept toilet soap containing hexachlorophene.
v. Any cosmetic in which lead or arsenic compound used for coloring purpose.
vi. Any cosmetic which contains mercury compounds.
vii. Any cosmetics containing colour other than prescribed ones.
viii. TOOTH PASTE/TOOTH POWDER containing tobacco.
ix. Misbranded cosmetics
x. Spurious cosmetics
24. LOAN LICENCES
A person not having his own manufacturing facilities can get
cosmetics manufactured from licensed cosmetic manufacturer
under license system.
Application for loan license in prescribed form (Form-31-A) along
with a fee Rs.3500(at present it may be revised) together with other
requisite documents should be submitted to the State Regulatory
Authorities.
The Licensing Authority of the state, after examining that the
licensed manufacturer has spare capacity and has agrees to
manufacture cosmetics for applicant, will grant loan license.
25. REGULATORY REQUIREMENT FOR
LABELING OF COSMETICS
ON BOTH THE INNER & OUTER LABELS:-
a) Name of the cosmetic.
b) Name of the manufacturer and complete address of the premises of the
manufacturer where the cosmetic has been manufactured
C) Use before(Month And Year)
26. REGULATORY REQUIREMENT FOR
LABELING OF COSMETICS
ON THE OUTER LABEL
a) A declaration of the net contents expressed in terms of weight for solids/
semi solids, fluid measure for liquids.
b) The names of ingredients in the order of percentage of content.
27. REGULATORY REQUIREMENT FOR
LABELING OF COSMETICS
ON THE INNER LABEL
a) Where a hazard exists, adequate directions for safe use, warning, caution
or special direction required to be observed by the consumer, statement of
the names and quantities of the ingredients that are hazardous or poisonous.
b) The names of ingredients in the order of percentage of content.
-Batch number preceded by the letter “B”
-Manufacturing license number preceded by the letter “M”