1. Reasons for Amendment

The Cleansing and Hygiene Products Management Act was amended (Act No. 19919; promulgated on January 2, 2024; to be enforced on July 3, 2024; Act No. 20247; promulgated on February 6, 2024; to be enforced on August 7, 2024) to allow temporary recognition of standards and specifications regarding cleansing and hygiene products for which standards and specifications have not been notified, prohibit the sale of cleansing and hygiene products that may be misconstrued as food, and newly insert grounds to issue certificates on registered/reported matters or standards and specifications regarding cleansing and hygiene products. 

Accordingly, this Amendment prescribes matters necessary for temporary recognition of standards and specifications, newly inserts disposition standards for persons who have sold cleansing and hygiene products that may be misconstrued as food, stipulates the types of certificates that may be issued and their issuance procedures/forms, and specifies other matters delegated by the Act and matters necessary for the enforcement thereof.

It also stipulates that the scope of false, exaggerated, and slanderous labels and advertisements shall include labels and advertisements that are likely to mislead consumers into believing that a product that contains chemical synthetic is entirely natural, prescribes administrative disposition standards to address cases where a cleansing or hygiene product that was required to be repurposed after failing to meet standards and specifications at the import stage has been distributed or sold as a cleansing or hygiene product, and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.

2. Major Provisions

 A. Prescribe details necessary for temporary recognition of standards and specifications (Article 17-2)

- Stipulate matters necessary for recognition, such as allowing requests for submission of ingredients and special reagents required for testing when necessary for temporary recognition of standards and specifications, and prescribe that other detailed review standards, etc. shall be determined and notified by the Minister of Food and Drug Safety.

 B. Prescribe the types of cleansing and hygiene product certificates and the application and issuance procedure (Article 26-2, attached Table 8-2, attached Forms 22 through 25)

- Prescribe that the types of certificates to be issued by the Minister of Food and Drug Safety shall be certificates of free sale and certificates of analysis, and specify the application and issuance procedure and the relevant forms. 

 C. Newly insert “natural” and “no added” labels and advertisements in the scope of false, exaggerated, and slanderous labels and advertisements (attached Table 4)

- Prescribe that labels and advertisements that may mislead consumers into believing that a product containing chemical synthetics is entirely natural shall be included in the scope of false, exaggerated, and slanderous labels and advertisements. 

- Prescribe that labels and advertisements containing terms such as “free,” “no added,” and “0%” to indicate the absence or non-use of an ingredient or component that is prohibited in the standards and specifications shall be included in the scope of false, exaggerated, and slanderous labels and advertisements.

 D. Newly insert administrative disposition criteria to address cases where a cleansing or hygiene product that may be misconstrued as food has been used for business, etc. (attached Table 7)

 - Newly insert disposition criteria for cases where a cleansing or hygiene product that may be misconstrued as food has been manufactured, processed, divided into smaller volumes, imported, sold, or otherwise used for business.

 - Newly insert disposition criteria for cases where a cleansing or hygiene product that was required to be repurposed after being deemed non-conforming during importation/customs clearance has been distributed or sold as a cleansing or hygiene product.