The cosmetics market in India is expanding exponentially and is almost twice as big as those in the US and Europe. The Ministry of Health & Family Welfare in India has ordered that all goods brought into the country must have a mandatory registration certificate due to the industry’s expansion. Therefore, there must be a set of fundamental procedures for Import Cosmetics from USA to India regardless of whether you are starting or have already started a cosmetic importing business in India.
Cosmetic products must be properly regulated in India because cosmetic product marketing accounts for a sizable portion of the Indian market. As per the Rule 21 of the Drugs and Cosmetic Rules of 1945, all cosmetics imported into India must be registered with the licencing authority.
Governing Bodies for Import Cosmetics from USA to India
The Drug and Cosmetic Act, 1940[1], The Drug and Cosmetic Rule, 1945, and the labelling declarations by the Bureau of Indian Standards all govern cosmetics (BIS). Cosmetics products that are listed in Schedule “S” of the 1945 Drugs and Cosmetics Rules are subject to standards set by BIS. The CDSCO is the body responsible for regulating all the Import Cosmetics from USA.
“Cosmetic” includes any substance intended to be used as a cosmetic ingredient as well as any object intended to be applied to the human body or any part for cleaning, beautifying, promoting beauty, or changing appearance. The Central Drug Standard Control Organization (CDSCO) must first register cosmetic products before they can be imported into India. To do this, fill out the COS-1 application form, and obtain COS-2, the registration certificate.
The following criteria must be met in order to import cosmetics from USA
- The manufacturer of the product has the right to import cosmetics into India.
- A representative chosen by the business to market the country’s imports can import the cosmetics from USA
- Any additional importer or subsidiary representative that the business has chosen may be permitted to Import Cosmetics from USA.
Documents Needed to Import Cosmetics From USA
Following is the list of documents required to import cosmetics from USA:
- Basic documentation such as a copy of an ID, proof of residence, manufacturer contact information, and the address of the production office
- The Import Export Code, or IEC Code
- registration of an AD code
- receipt for paying the registration fee
- corporate identity
- Date of Cosmetic Item’s Production
- Physical characteristics of the cosmetic item
- Regulation authorities in the USA have issued production licences, registration licences, and marketing authorisations.
- List of nations from which imports are permitted
- Terminology for the makeup product’s ingredient and percentage.
- Product information and evaluation information
- Illustration of the label
- Date and location of the product’s Indian marketing campaign
- There should be an undertaking that the product has not been subjected to animal testing on or after December 11, 2014 when the cargo is cleared at the port office.
Procedure for Import Cosmetics from USA
The organisation that registers all cosmetic imports into India is called the Central Drug Standard Control Organization (CDSCO), and it is overseen by the Ministry of Health and Family Welfare in India. Therefore, in order to import cosmetics from USA, the importer must register for an import licence by submitting a CDSCO registration application. All cosmetics imported into India are required to be registered with the licencing authority, according to Rule 21 of the Drugs & Cosmetics Rules, 1945.
- The Drugs Controller General receives the registration application form COS-1 along with the necessary documentation.
- The application must be submitted along with the required fees, relevant information and undertaking provided in part-I of second schedule.
- For the import of any brand produced by a single manufacturer, at one or more locations, a specific applicant must obtain Import Registration Certificate in Form COS-2 for import of cosmetics into India.
Restrictions on Cosmetics Imports from the USA
Chapter III of The Drug and Cosmetic Act 1940 addresses drug and cosmetic imports. Sections 134A, 135A of the 1945 Drugs and Cosmetic Rules place restrictions on the importation of specific cosmetics. The following criteria apply to products that cannot be imported into India:
- Any item with a subpar quality
- Any counterfeit or false product
- Any item with a dangerous ingredient
- Any item that violates the 1945 Drugs and Cosmetics Act’s prohibitions
- Any cosmetic made with hexachlorophene
- Any cosmetic that uses a compound containing lead and arsenic for colouring
- Cosmetics made with a mercury compound
Offences and Penalties for Restricted Import Cosmetics from USA
According to sections 134A, 135, and 135A of the Drugs and Cosmetic Rules 1945, importing counterfeit cosmetics or any other product that is not allowed to be imported into India is illegal and punishable by fines. The penalty consists of a 5000 rupee fine, or a 3-year sentence that can be extended to a 5-year sentence, or both. Any violation of Section 10-A’s prohibition on importing cosmetics from the USA could result in a 3 year sentence that could be increased to 5 years in prison, a 5000 dollar fine, or both. If the offences are repeated, the penalty is either five years in prison, a fine of Rs 10,000, or both.
Conclusion
Regulation is required for the import of cosmetics from the USA in order to guarantee their quality and safety as well as the continued safety of consumers when using cosmetic products. According to the 1940 Drugs and Cosmetic Act, all imported cosmetic products that meet the definition of “Cosmetics” must be regulated in India. The product must be registered with CDSCO through application COS-1 and receipt of a registration certificate through COS-2 in order to import cosmetics from USA.
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