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National Assembly Legislation

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  • Cosmetics Act
    • Competent Ministry : Ministry of Food and Drug Safety
    • Advance Publication of Legislation : 2021-01-28
    • Opinion Submission Deadline : 2021-02-11
Reasons for Proposal

With the revision of the Cosmetics Act (Act No. 15486, promulgated on March 13, 2018, enforced on March 14, 2020), a customized cosmetics system was introduced under which cosmetics mixed or divided in custom cosmetic sales stores can be sold to suit the taste of consumers by reflecting individual skin conditions.

However, under the current Act, there is a problem that it is difficult to manage whether the mixing and division of customized cosmetics is performed safely and appropriately because there is no facility standard for custom cosmetic sales stores; there are concerns about quality and consumer safety because cosmetics that must be sold directly to consumers without opening are used for mixing and dividing customized cosmetics; qualification tests and qualification management standards for custom cosmetic compounding managers are insufficient.

Therefore, this amendment aims to supplement the requirements of custom cosmetic compounding managers, establish qualification management standards, etc., for custom cosmetic compounding managers, and supplement and improve some of the shortcomings that have emerged in the operation of the current system.

Details

A. Require a person who intends to report a custom cosmetic sales business to meet facility standards and clarify the scope of work of custom cosmetic compounding managers as quality and safety management tasks such as the mixing and division of cosmetics (Article 3-2). 

B. Establish sanctions for cheaters on the qualification test for custom cosmetic compounding managers and stipulate reasons for the disqualification of custom cosmetic compounding managers, the prohibition of transfer or rental of licenses, the prohibition of the use of similar names, and reasons for cancellation of qualifications (Article 3-4 and Articles 3-5 through 3-8 newly inserted). 

C. Add an obligation to prohibit the arbitrary mixing and division of products for general consumer sales and to report the list of ingredients to the requirements of custom cosmetic sellers (Article 5). 

D. Impose an obligation to prohibit the distribution and sale of cosmetics subjected to animal testing to custom cosmetic sellers (Article 15-2). 

E. Establish a new provision on the disposition of administrative fines for a violation of education obligations of cosmetics manufacturers, responsible cosmetics distributors, and custom cosmetics sellers (Article 40). 


Major Provisions

Article 3-2 (Report of custom cosmetics sales business) Require a person who intends to report a custom cosmetic sales business to meet facility standards.

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