Q1. What is a domestic responsible person in China?
As it is defined in The Measure for the Registration and Notification of Cosmetics, a domestic responsible person in China is a legal person, registered in mainland China, who has the authorization from notifiers/registers to fulfill the following obligations:
(1) Handle the registration and notification of cosmetics and new cosmetics ingredients on behalf of the notifier/register;
(2) Assist in the monitoring of cosmetic adverse events, the monitoring and report of new cosmetic ingredients for the notifier/register;
(3) Assist in the recall of cosmetics and new cosmetics ingredients for the notifier/register.
(4) Hold accountable for the safety and quality of cosmetics and new cosmetics ingredients placed in the Chinese market in accordance with the contract with the notifier/register.
(5) Cooperate with the medical supervision and administration department to conduct inspections.
Q2. What are the requirements for being a responsible person in China?
(1) It shall be an enterprise registered in mainland of China.
(2) It shall be an independent legal person (not a natural person).
(3) It shall have authorization from the notifier/register and shall fulfill the obligations specified in The Measure for the Registration and Notification of Cosmetics.
(4) The business scope of the responsible person shall cover the sale and distribution of cosmetics.
(5) It sets no requirement on the registration capital and business scale of the responsible person.
Q3. Who needs a responsible person in China?
According to Item 23 in The Measure for the Registration and Notification of Cosmetics, cosmetics notifiers/registers not in mainland China shall appoint a legal person to notify/register cosmetics, and assist in the monitoring of adverse events and recall of products.
Q4. Can a Chinese distributor become the responsible person for oversea brands?
A Chinese distributor can be appointed as the responsible person if they meet the requirements set in The Measure for the Registration and Notification of Cosmetics (see Q2) and fulfill their obligations (see Q1).
Q5. Does it have to be a Chinese legal person to be a responsible person in China?
A responsible person doesn't have to be a Chinese legal person, but it must be a legal person registered in mainland China.
Q6. Is it mandatory to have a domestic responsible person in China?
It is mandatory to have a domestic responsible person in China if the notifier/register is not in mainland China. If the notifier/register is in mainland China, it doesn't need a responsible person.
Contact us for further information or consultation: info@zmuni.com
0 Comments