Laws Information

法規資訊
Title: Statute for Control of Cosmetic Hygiene
Am Date: 2002-06-12
Legislative History: Text of Article 9, 13, 23-1, 24, 30, 31 amended, 26-1, 33-1 added and promulgated on June 12, 2002 on presidential order (92) Huatsung (1) number 09100119210

Transaction

Amendment

Article 26-1
Where any manufacturer of cosmetic and cosmetic colorants is found, in the course of the inspection conducted according to Paragraph One of the preceding Article, to have acted contrary to the regulatory rules or to be lack of good quality control system, the municipal or county/city authorities in charge of public health or industries concerned shall order the said manufacturer to improve the discrepancy or to take other necessary corrective measures.

Article 33-1
Any person filing an application for amendment to registration and/or extension of validity in accordance with the provisions set forth in Article 10, Article 14, Article 21, and Article 22 of this Statute shall pay the examination and test fee and if applicable, the license/permit fee. The rates of the foregoing fees shall be fixed by the central competent health authorities.
Article 9
Cosmetics to be imported shall be limited to those which are supplied in their original packaging, and they shall not be repackaged domestically, either into separated package or altered package, before being put on sale, unless otherwise approved by the central competent health authorities.
Where any imported cosmetic is repackaged domestically, either into separated package or altered package, before being put on sale with prior approval from the central competent health authorities, the name and address of the domestic repackaging contractor shall be stated conspicuously on the label and leaflet of such repackaged products.

Article 13
A seller of cosmetic colorants may commence the business operation only after obtaining a business license from the competent health authorities under the appropriate municipal or county(city) government.
Where there is any change or alteration of the status of any matter registered on the business license obtained by a seller of cosmetic colorants under the preceding Paragraph, or if the seller has voluntarily suspended or closed operations, an application for registration of such alteration, business suspension or close-down shall be filed within 15 days from the date of occurrence of such fact. The duration of business suspension shall not exceed one full year; and an application for resumption of business operation shall be filed within one month prior to the expiration of the statutory duration of business suspension.

Article 23-1
For importing samples of cosmetics, an application stating therein the name, ingredients, quantity and usage thereof, accompanied by relevant supporting documents shall be submitted to the central competent health authorities for its issuance of a certificate. This provision shall also apply to the case where any cosmetic or cosmetic colorants containing medical, poisonous or potent drug(s) is to be imported by a seller, manufacturer, or academic research and experiment institution for submission to the competent health authorities for examination and testing or for use in research and experiment.
The word "sample" shall be marked on the container or package of the article as referred to in the preceding Paragraph, and shall not be put on sell.

Article 24
No obscene, immoral, false or exaggerate advertisement may be published or publicized in newspapers, publications, advertising leaflets, or on broadcasting, slides, motion pictures, television and other mass communication media for promoting the sale of cosmetics.
Before publicizing or advertising any cosmetic product, the manufacturer or dealer thereof shall first submit to the central, municipal or county/city competent health authorities for its approval all the text, pictures and/or oral statements contained therein; and shall subsequently present the approval letter or certificate to the mass communication institutions concerned for their examination.
For the cosmetic advertisements which have been approved by the central, municipal or county/city competent health authorities in accordance with the provisions of the preceding Paragraph, the approval letter or certificate so issued shall be valid for period of one year. If the holder of such approval letter or certificate needs to continue such advertising activity upon expiration thereof, an application for extension thereof may be filed with the original issuing authorities provided that the duration of each extension shall not exceed one year. In the event the contents or the manner of publishing or publicizing of the approved advertisements are found improper during the approved period of such advertising program, the original issuing authorities may annul or order the modification of such improper advertisements.

Article 30
Any person who violates the provisions set forth in Paragraph One or Paragraph Two, Article 24 hereof shall be imposed a fine of no more than Fifty Thousand New Taiwan Dollar (NT$ 50,000). If it is a serious violation or a recidivation, the business license or the factory establishment permit may be annulled by the original issuing authorities.
Any person who violates the order issued by the municipal or county/city authorities in charge of public health or industries in accordance with the provisions set forth in Article 26-1 hereof shall be imposed a fine of no more than Fifty Thousand New Taiwan Dollar (NT$ 50,000); and in addition thereto, the violator may by ordered to take corrective action within a given time limit. Serious violation or recidivation in this nature shall result in the revocation and annulment of the business license or the factory establishment permit by the original issuing authorities.

Article 31
The penalties in terms of "confiscation" and "fine" to be imposed under this Statute shall be enforced by appropriate municipal or county (city) authorities in charge of public health affairs; except those similar penalties which are imposed on violations against the provisions set forth in Paragraph Two, Article 25 and Paragraph Two, Article 26 of this Statute, or against the administrative orders given by competent industrial authorities under the provisions set forth in Article 26-1 of this Statute which shall be enforced by the central authorities in charge of public health affairs and/or industries respectively.