EnterCo has mainly analyzed the requirements of the Measures for the Supervision and Administration of Cosmetics Online Operation (hereinafter referred to as the Measures) for cosmetics e-commerce platform operators in this article.
Undertake the management responsibility for cosmetics operators on the e-commerce platform
According to Article 8 of the Measures, platform operators shall undertake the management responsibility for cosmetic operators on the platform in accordance with the law, establish and effectively implement cosmetic quality and safety management systems including real-name registration, daily inspection, illegal behavior suppression and reporting, complaint reporting and handling.
Establish a cosmetic quality and safety management department or assign quality and safety management personnel
According to Article 9 of the Measures, platform operators shall establish a cosmetic quality and safety management department or assign full-time or part-time quality and safety management personnel, responsible for establishing and implementing a cosmetic quality and safety management system and organizing daily inspections of cosmetic operators on the platform.
Verify the information of cosmetic operators on the platform
According to Article 10 of the Measures, platform operators shall require cosmetics operators who apply to enter the platform to submit true information such as identity, address, contact information, etc. for verification and registration, establish registration files, and update them at least every 6 months. Platform operators shall keep the identity information of the cosmetics operator on the platform for no less than 3 years from the date of its withdrawal from the platform.
Establish the daily inspection system for cosmetic operators on the platform
According to Article 11 of the Measures, platform operators shall establish a daily inspection system for cosmetic operators on the platform, including product information release inspections and daily operating activity inspections, etc. The relevant inspection records shall be kept for no less than 2 years.
Verify cosmetic product information
According to Article 12 of the Measures, platform operators shall conduct inspections when the cosmetic operators enter the platform and release cosmetic product information, verifying the consistency of the product name, special cosmetic registration certificate number, product implementation standard number, etc. with corresponding product information published on NMPA.
Regularly conduct daily operating activity inspections on cosmetic operators on the platform
According to Article 13 of the Measures, platform operators shall regularly conduct daily operating activity inspections based on product risk situations. The inspection items include registration or notification information (whether the operated cosmetics have completed registration or notification; whether the operated cosmetics falsely use other cosmetics registration or notification number), label information (whether the label information is consistent with corresponding product information published on NMPA; whether any contents prohibited by laws and regulations are involved, such as explicit or implied medical effects, false or misleading information, or violation of social order and good customs), etc.
Actively collect public regulatory information and conduct self-inspections within the platform
According to Article 14 of the Measures, platform operators shall actively collect public regulatory information related to product and safety, such as sampling inspections, suspension or cessation of the operation of cosmetics, etc. issued by the drug regulatory department at or above the provincial level, and promptly carry out self-inspections within the platform.
Handling of illegal cosmetic operating activities
According to Article 15 of the Measures, platform operators once find that cosmetic operators on the platform have illegal cosmetic operating activities, shall take necessary measures such as deletion, blocking, and disconnection in a timely manner in accordance with the law or based on the platform service agreement and transaction rules.
According to Article 16 of the Measures, for the situation involving significant quality and safety information, platform operators shall, after promptly taking measures to stop, report the relevant situation and illegal clues to the provincial-level drug regulatory department where the cosmetic operators actually operate within 10 days from the finding of the illegal cosmetic operating activities.
According to Article 17, platform operators shall quarterly report illegal cosmetic operating activities on the platform and disposal measures to the provincial-level drug regulatory department where platform operators reside.
Provide necessary technical support and services for cosmetic operators on the platform
According to Article 18 of the Measures, platform operators shall provide necessary technical support and services for the cosmetics operators on the platform to fulfill their obligations such as cosmetics information disclosure in accordance with the law.
Strengthen publicity and training of relevant regulatory knowledge for cosmetics operators
According to Article 19 of the Measures, platform operators shall strengthen the publicity and training of relevant regulatory knowledge for cosmetics operators on the platform. The publicity and training content shall include laws and regulations related to cosmetics, legal obligations and responsibilities of cosmetics operators on the platform, platform service agreement and transaction rules, requirements for cosmetics information release, etc.
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