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Additional Guidelines for Cosmetics Import Registration in India

Dated: 15th Sep 2016

 

  1. Undertaking regarding products not tested on animals: The Manufacturer either legal or actual /brand owner of the products/ Indian subsidiaries can submit a one-time self-declaration that the applied products have not been tested on animals on and after 12.11.2014 along with import registration dossiers to CDSCO. The acknowledgement copy for submission of this undertaking as received by the applicants from CDSCO can be produced at port offices in future for clearing their future consignments.
  2. Free sale certificate from the responsible person instead of the actual manufacturer: Free sale certificate issued by National Regulatory Authority or other competent associations/organizations from the country of the legal manufacturer (brand owning company) in addition to the actual manufacturer from country of origin can be considered.
  3. Letter of Authorization (LOA) in case of third party manufacturing outside India: In the cases where the brand owner is located in India and gets its products manufactured from sites located outside India a LOA can be considered in place of Power of Attorney (POA). The overseas manufacturer has to give acceptance of LOA and conditions on appostilled copy.

 

Import  of  Bulk  cosmetics-  Requirement  of  a  certificate  of  Free  Sale  (CFS):

 

Applicants can obtain Free Sale Certificate (FSC) either from the country of origin or any other major market where the same product is freely sold. Alternatively bulk importers could get the bulk cosmetics tested in India at a Government laboratory to obtain custom clearance.

For renewal of Registration Certificate following documents will be required:

  1. Power of Attorney in original;
  2. Necessary fees;
  3. Duly filed and signed Form 42 along with the list of products to be renewed;
  4. Certificate of free sale/Marketing Authorization letter/Manufacturing License, if any
  5. copies of original RC and endorsement certificates that were granted earlier
  6. Undertaking/ Self-declaration stating that there are no changes in earlier shared information with respect to product details (like composition, test methods, specifications, label ( complying Rule 148 of D&C Rules 1945) etc., constitution of the firm and sourcing location / site of the products.

 

Source: CDSCO, MOHF&W

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1. The views expressed are based on the interpretation of the relevant information/documents, applicable law, and government policy and there is no assurance that a court or tribunal or regulatory body or other governmental authority may not interpret it differently.
2.  We are not responsible for updating or revising this article on account of any change in law or interpretation thereof or a change in events or circumstances informed or occurring after the date of this article unless specifically requested for it.
3. Our advice should not be taken or used out of context or reproduced for any other purpose or transaction. Views expressed in this update are strictly personal, based on our understanding of the underlying law.
4. We are not responsible for any injury, loss or cost arising to any person who refers to this update and acts or refrains from any act accordingly. We would suggest that detailed legal advice must be sought before relying on this update.
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