Cosmetic License

WHAT IS COSMETICS LICENSE?

In India, the registration of Cosmetics is governed by the Drugs & Cosmetics Act of 1940, where the term 'cosmetic' defined as “an article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic”.

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 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. In India, the Central Drugs Standard Control Organization (CDSCO) regulates cosmetic products. It is compulsory to get licensed with Drug Controller General of India (DCGI), head of CDSCO, for all kind of manufacturing and sale of cosmetics.

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

WHAT IS THE PROCEDURE OF GETTING COSMETICS LICENSE?

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 COS-5: Application for a license to manufacture cosmetics for domestic sale or export, along with a minimum fees of Rs. 2500 at the time of registration 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

WHAT ARE THE TYPES OF COSMETIC LICENSE IN INDIA ?

i. Cosmetics manufacturing license

ii. Cosmetics importing license

WHAT IS THE PROCEDURE AND DOCUMENTATION REQUIRED FOR OBTAINING COSMETICS LICENSE?

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 COS-5.
• The license issued for the loan license for the production of cosmetics for distribution in Form COS-6.
• Form COS-1is filed for application for an import registration certificate.
• 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 after filing of Form 36.

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

WHAT ARE THE DOCUMENTS REQUIRED FOR COSMETIC LICENSE?

1. Application Form (Form 31)
2. Covering Letter
3. Fee Payment Receipt / Treasury Challan
4. Proof of Constitution of Firm (MOA/AOA, Partnership Deed, etc.)
5. List of Directors / Partners / Proprietor
6. Layout Plan of Premises
7. Ownership / Tenancy Proof of Premises
8. Site Plan and Building Stability Certificate
9. NOC from Local Authority / Pollution Control Board
10. List of Machinery and Equipment
11. Appointment Letters of Technical Staff
12. Qualification Certificates of Technical Staff
13. Experience Certificates (if applicable)
14. Bio-data and ID Proof of Technical Staff
15. List of Cosmetics to be Manufactured
16. Product Specifications and Testing Protocols
17. List of Testing Equipment
18. Details of Quality Control Laboratory
19. Affidavit / Declaration of Compliance
20. Undertaking for Pollution Control and Safety Measures
21. Fire Safety Certificate
22. Proof of Cold Storage / Special Storage Facility (if applicable)
23. Board Resolution / Authorization Letter