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Cosmetic License

The Drugs & Cosmetics Act of 1940 regulates the registration of cosmetics in India, which describes the term 'cosmetic' exclusively as an 'article intended to be, poured, sprinkled or sprayed on or otherwise applied to any human body

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Introduction

The Drugs & Cosmetics Act of 1940 regulates the registration of cosmetics in India, which describes the term 'cosmetic' exclusively as an 'article intended to be, poured, sprinkled or sprayed on or otherwise applied to any human body or any part thereof for the purpose of washing, promoting beauty or altering appearance, and also includes an article intended to be used as such.

Cosmetic Industry in India is expanding its arms everywhere from beginning their first look in the TV commercial to nowadays making money from a social media site. Hundreds and thousands of people advertise and register their wallets with the cosmetic industry, as the industry has the magic of never going into recession.

Cosmetics products are such items meant to be rubbed, poured, brushed, or sprayed on or otherwise applied to the human body or any part thereof to clean, beautify, alert the appearance and encourage attractiveness. This also contains an article that was intended for use as a cosmetic component. In India, the Central Drugs Standard Control Organization (CDSCO) regulates cosmetic products. After 1 April 2013, it became compulsory to get licensed with Central Drugs General (DCGI) for all imported cosmetics for sale. And there was no such clause earlier.

Under the 1945 Drugs and Cosmetics Regulations, Schedule M-II classifies cosmetics into 11 specific categories of products-

  • Powders
  • Creams, lotions, soap, milk, shampoos, pomade, hair oils, shaving creams, etc.
  • Nail polishes
  • Lipsticks, Lipgloss and
  • Depilatories
  • Eye-related products
  • Spray
  •  Alcoholic Fragrances
  • Hair colors
  • Powder toothpaste
  • Toilets Soaps

A license which has been obtained from a licensing authority appointed by the State Government is required to produce any item from the list listed above. The application must be submitted in Form 31, along with an Rs. 2500 license fee and a Rs 1000 inspection fee. In addition, the manufacturer must monitor that the production is carried out in the presence of qualified and competent technical staff and that at least one of the staff should have the following educational requirements.

  • Has a Pharmacy Diploma from India's Pharmacy Council under Pharmacy Act, 1948 or
  • Is registered under the Pharmacy Act of 1948 or
  • Has passed the intermediate chemistry examination as one of the subjects or any education the Licensing Authority can deem necessary

Types of Cosmetic license in India:

i. Cosmetics manufacturing license

ii. Cosmetics importing license

Procedure and Documentation

For Manufacturing:

The cosmetics manufacturing license is required when you plan to produce cosmetics. Thus the license required for the manufacture and marketing of cosmetic products in India pursuant to the D & C Act, 1940-

  • The license issued for the production of cosmetics for sale or distribution in Form No 32 and submitted in Form No 31.
  • The license issued for the loan license for the production of cosmetics for distribution in Form 32-A and submitted in Form 31-A
  • The license on Form 37 shall be given for the grant or renewal of approval for the conduct test on drug or cosmetic or raw material used in its production on behalf of a license for the selling of drugs and cosmetics manufacture.

For Importer

Under the provisions of the Drugs and Cosmetics Act, 1940 and the Rules made thereunder, cosmetics manufacturing is governed under a system of inspection and licensing by the State Licensing Authorities appointed by the respective State Governments while cosmetics imports are governed under a system of registration appointed by the Central Government by the Licensing Authority. The Drugs Controller General (India) functions as the Licensing Authority that grants the certificate of registration and regulates the importation of cosmetics into India vide Gazette Notification G.S.R 426(E) pursuant to the Drugs and Cosmetics Act, 1940 and its Rules

For getting importer license applicant need to apply within form 42 with a systematic process


Documents required for Procuring  cosmetics license

1. Covering Letter

2. Power of Attorney

3. Schedule D (III)

4. List of Ingredients

5. Labels of proposed products

6. Specifications

7. Pack insert

8. Manufacturing Licenses

9. Free Sale Certificate

10. Non-Animal Testing Declaration

11. Declaration for Heavy Metal and Hexachlorophene content.

12. Other documents (If any).

13. Application (Form-42) / (Form-31)

14. Fee: TR-6 Challan (In Original)

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