1. Reason for revision
Since the Cosmetics Act (Law No. 20248; promulgated on February 6, 2024; implemented on February 7, 2025) has been revised to supplement the wording of the contents of cosmetic packaging, the proposed amendment to the Enforcement Rules provides the matters delegated by the Act, including the provision of detailed standards for exceptions to the contents labeled on the outer packaging of cosmetics and the procedures for applying for the termination or modification of ingredients that must not be used in cosmetics. It also provides the matters necessary for the efficient operation of administrative affairs, such as introducing electronic certificates for civic affairs such as those for business registration, in order to enhance the convenience of the general public and the standards for administrative dispositions against violations of the guidelines on cosmetics advertising.
2. Main contents
a. The proposed revision includes electronic documents such as registration certificates in civic service affairs related to cosmetics manufacturing businesses (Articles 3 to 5, Article 8-2, Article 8-3, Article 9, Article 15, Article 17-3, Attachment No. 5, Attachment No. 6, Attachment Form No. 6-4, and Attachment Form No. 8 of the draft).
It provides the statutory basis for utilizing electronic documents for civic service affairs, such as the certificate of registration (declaration) of cosmetics manufacturing businesses and notification of the results of reviews of functional cosmetics.
b. Provision of the application procedure for review of the de-designation (modification) of ingredients that must not be used in cosmetics products (Article 17-3, Attachment Form No. 13-2, Attachment Form No. 13-3, and Appendix 9 of the draft).
It provides the relevant procedures, forms, and fees for cosmetics manufacturers, etc. to apply for the de-designation or modification of ingredients whose use in cosmetics products is prohibited.
c. Provision of detailed standards, including those for exceptions to the labeling of cosmetics' containers and packages (Article 19 and Appendix 4 of the draft).
1) When consumers can see the information indicated on the outer packaging, it will replace the labeling on the inside.
2) In the case of hair dyes (including dechlorinating and depigmentation agents) and hair removal agents, only common items will be indicated on the outer packaging, while other matters will be indicated in an attached document when the 'Precautions for use' are indicated.
3) On the set packaging of two or more cosmetics products, specific labeling may be omitted when the manufacturing number is provided to the consumers. Additionally, only part of the expiration date or the period after opening may be indicated.
d. Strengthening of the administrative disposition standards against violations of the cosmetics labeling and advertising guidelines (Appendix 5 and Appendix 7 of the draft).
The proposed revision reflects the prohibition of labeling and advertising for methods of use similar to those of pharmaceuticals, such as injections into the human body, in the compliance requirements, and newly establishes the revocation of business licenses and permits as the related administrative disposition standard.
