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Cosmetics Regulatory

Framework in Korea
K-Cosmetics, Recognized and Trusted by the World
What is Cosmetic Product?
Any item intended to be used by means of spreading, rubbing, spraying
on or otherwise applied to the human body
for cleansing, beautifying, promoting attractiveness or brightening
the appearance, or maintaining or improving the health of skin and hair,
which have mild effect on the human body
*Oral care products (such as toothpaste, mouthwash, etc.) belong to quasi-drug

CONTENTS 1. What is Cosmetic Product? 1

2. Legal Basis of Cosmetics Regulation 2


Cosmetic Products
3. Cosmetics Safety Management System 3

4. Cosmetics Manufacturer 4
Baby products Bath Body cleansing Eye make-up Fragrance
* Under the age of 3 years old products products products products
5. Cosmetics Responsible Person (Brand holder) 5

6. Import Procedures 6
Hair colorants Make-up and make-up Hair-conditioning Nail care Shaving
removers products products products
7. Safety Standards 7

8. Risk Assessment 8
Skin care Deodorants and Depilatories
products antiperspirants
9. Evaluation of Functional Cosmetics 9

Skin Hair
10. Labeling and Advertisement 10 기능성
Functional
Cosmetics
화장품 Products aiding in the
whitening of the skin Hair-dye
(Excluding temporary dyes)
11. Safety Information Management 11
Products aiding in improving
Cosmetics with wrinkles in the skin
functions, defined Bleaching or dye-removing products
12. Market Surveillance 12 Products aiding in tanning skin gently or
in the Cosmetics protecting skin from ultraviolet rays
Act, such as aiding
Products aiding in Products aiding in alleviating hair loss symptoms
13. International Cooperation in skin whitening,
13 alleviating acne breakouts
(Products that increase hair volume by
improving skin physical means are excluding)
wrinkles, etc. Products aiding in alleviating dryness caused
by atopic-prone skin
14. Supportive Activities for Industrial Growth 14 Body hair removal products
Products aiding in thinning red lines
(Excluding products that remove hair physically)
caused by stretch marks

15. Organization 15

K-Cosmetics, Recognized and Trusted by the Worldㅣ1


Legal Basis of Cosmetics Regulation Cosmetics Safety Management System
To ensure the safety and quality of cosmetic products and protect
the public health by providing accurate information to consumers,
the MFDS vows to ensure the safety of cosmetic products in
all stages from R&D to distribution to consumer use.

Cosmetics Legal System

Act
(National Assembly) Cosmetics Act

Enforcement Decree
(issued by the President of Korea) Enforcement Decree
of Cosmetics Act
Enforcement Rule R&D Evaluation Manufacture Sales Consumers
(Issued by Prime Minister) Enforcement Rule
of Cosmetics Act Ensure safety Evaluation Cosmetics Cosmetics Responsible
of functional manufacturer Person registration
Notification Establish standards for cosmetics registration
(Issued by Minister) MFDS Notification quality control and test Hiring a qualified manager
methods Compliance with for safety and quality
facility standards
Ban on animal testing Substantiation of and
CGMP advertising
Prohibited,
restricted ingredients Quality control Compliance with
MFDS Notifications (Raw materials, labeling rules
Other safety standards semi-finished products,
Specifications and Test Methods of Functional Cosmetics Regulations on the Substantiation Labeling and finished products) Ensure post-marketing
(Trace and microbiological
Advertisement for Cosmetic Products safety management such as
Regulations on the Evaluation of Functional Cosmetics limits, etc.)
reporting of safety information
Regulations on the Remission of Quality Testing for Notification of Annual Cosmetics Production/Import and Risk assessment
Ingredients List Recall and disposal of
Imported Cosmetics hazardous cosmetics
Standards on Cosmetics GMP Regulations on the Standards of Organic Cosmetic Products
Reporting lists of ingredients
Risk Assessment of Cosmetic Products Regulations on the Safety Standards, etc. of Cosmetics
Reporting annual production
Cosmetics Price Display System Types, Standards, and Test Methods of Cosmetic Color
Additives
Regulations on the Designation of Training Institutes and
the Training of Cosmetics Regulatory System Regulations on the Authentication of Liability of Certification
Assurance Institutions for Cosmetic Labeling and Advertisements
Regulations on the Management of Safety Information
for Cosmetics
Import
Entry notice of
imported cosmetics
Cosmetics laws and regulations Batch testing for quality
MFDS website Bio & Cosmetics Regulations or National Law Information Center before sales
(www.mfds.go.kr) (www.law.go.kr)

Cosmetics guidelines
MFDS website Bio & Cosmetics Guidances
(www.mfds.go.kr)

2 l Safety Management of Korean Cosmetics K-Cosmetics, Recognized and Trusted by the Worldㅣ3
Cosmetics Manufacturer Cosmetics Responsible Person (Brand Holder)
Those who intend to distribute and sell cosmetics they manufactured.
Those who intend to directly manufacture cosmetics Those who intend to distribute and sell the cosmetics
produced by contracts manufacturing
Those who have been contracted to manufacture cosmetics Those who intend to distribute and sell imported cosmetics
Those who intend to engage in packaging or labeling processes only Those who intend to solicit or provide cosmetics to conduct import services
(e-commerce only)
(Exc luding the process of secondary packaging of labeling only)
"Cosmetics manufacturer/seller" is changed to
"Cosmetics Responsible Person (Brand Holder)" starting in March 2019.

Cosmetics Manufacturers Cosmetics Responsible Person (Brand Holder)

Cosmetics manufacturers shall register with the MFDS as a cosmetics manufacturer Cosmetics Responsible Person shall register with MFDS cosmetic marketing responsible person
(With the regional office that has jurisdiction over where the manufacturing facility is located). (With the regional office that has jurisdiction over where the manufacturing facility is located)

To comply with the standards for quality control

Guidances, supervisions and requests from a Cosmetics Responsible Person shall be respected
and followed in line with quality management standards. To prepare and maintain written manufacture management standards, written
manufacture management records and written quality control records

To distribute products after conducting a thorough quality inspection thoroughly by manufacturer batch
Manufacturing sites, facilities and instruments shall be managed in a hygienic and numbers
sanitary manner to prevent risks to public health.
To comply with standards for safety management after manufacturing and selling

Any article that could cause harm at workplaces shall not be left behind, and no material To prepare and maintain the written import and management records
jeopardizing public health shall be emited/leaked into the environment.
A Cosmetics Responsible Person shall hire a Qualified Person who is responsible for the safety
and quality of cosmetic products a person who has a qualification as a responsible marketing
officer, and the sales officer must complete a training on ensuring safety of cosmetics once a
year
Written manufacture management standards, manufacture management records and quality
control records shall be prepared and retained (Including an electronic copy). A qualified person shall complete a training on ensuring safety of cosmetics once a year and
ensure safety of cosmetic products, supervise cosmetic manufacturers in conformity with
the standards of quality control

To report a list of raw materials before sales, and manufactured & imported amount to the
Facilities and instruments used to manufacture cosmetics shall be inspected regularly to ensure
Minister by the end of Feburary of the following year
manufacturing operations.

For domestically manufactured products : report to the Korea Cosmetic Association(KCA)


For imported products: to Korea Pharmaceutical Trades Association (KPTA) through Entry Notice
of Imported Products : Entry Notice of Imported Products

Cosmetics Good Manufacturing Practices (CGMP) Introduction of Personalized Cosmetics Regulation (As of March 2020)
Definition: cosmetics that are manufactured and sold for a single consumer, reflecting skin condition, taste and etc.
CGMP certification is granted by the MFDS to the cosmetics manufacturers who apply for an inspection and - cosmetics mixed with contents of finished products, or spiked with the ingredients which are safely used in cosmetics
comply with CGMP standards. - cosmetics subdivided from the bulk or finished products
(MFDS Notification ‘Standards on Cosmetics GMP’) Those who intend to sell personalized cosmetics shall register with the MFDS, hire a person qualified for on-site
preparation (mixing and subdividing), and comply with the facility and safety management standards

4 l Safety Management of Korean Cosmetics K-Cosmetics, Recognized and Trusted by the Worldㅣ5
Import Procedures Safety Standards
The MFDS has notified ‘prohibited ingredients’ on the basis of
In case of import, the marketing responsible person shall be negative list system, so all ingredients except prohibited ingredients could be used
registered, and must submit an "Entry Notice of Imported Products under the Cosmetics Responsible Person’s responsibility for their safety.
For the preservatives, UV-filters, and colorants only the ingredients
Report" before every customs clearance notified by MFDS can be used.
In addition, the MFDS establishes safety management standards
for cosmetic products through risk assessment.

Register the business as a marketing


responsible person
Prohibited About 1,030 ingredients
Cosmetics request for an examination for
Ingredients (Steroids, Radioactive materials, Antibiotics, etc.)
Responsible Person functional cosmetics
(Brand Holder)
MFDS Preservatives: 59 ingredients
1 Sun-screens: 30 ingredientss
Issue notifications for the marketing Others: 75 ingredients
Prepare for Import
responsible person
Colorants: the type and amount of the colorant allowed to be used in cosmetics
Manufacturer
Notify the result for functional Ingredients in are specified (MFDS notification 'Colorant Specification and Test Methods')
cosmetics evaluation
from Imported 2 restricted use Include Tar and Non-tar
country Order *Other ingredients for the preservatives, sun-screens, and colorant not notified or specified
cannot be used
Report Entry Notice of
Imported Products Include tar and non-tar, 126 ingredients
* For initial import, a submission of Ingredients that are prohibited to use on purpose, but are unintentionally derived
a free sale certificate and a manufacturing
and technically impossible to remove
3 certificate is required
Korea Pharmaceutical Lead: 20ppm (50ppm for clay powder products)
Submit an “Entry Notice Traders Association Arsenic: 10ppm
of Imported Products”
A receipt to prove the submission
(KPTA) Provide Mercury: 1ppm
of Entry Notice of Entry Notice of Antimony: 10ppm
Notification of Imported
Imported Products
clearance result
Cadmium: 5ppm
Products Nickel: 10ppm (35 ppm for eye make-up products, 30ppm for make-up products)
4 Import Declaration Report
KCS Dioxane: 100ppm
Customs declaration
and clearance (Korea Customs Service) Methanol: 0.2%(0.002% for wet-wipes)
Shipping & Receipt for Import Declaration Limit of Formaldehyde: 2,000ppm (20ppm for wet-wipes)
Delivery detection Phtalates (as a sum of dibutyl phthalate, butyl benzyl phthalate and diethylhexyl
phthalate)100ppm
5 Apply for quality inspection Microbiological limits
Quality Testing and Quality Inspection
translation ‘labeling’ Total aerobic microbial count: 1,000cfu/g(ml)
Agency
into Korean For baby products and eye make-up products: 500cfu/g(ml)
Inspection report(eligible)
100cfu/g(ml) Bacteria and Fungi each for wet-wipes
Escherichia Coli, Pseudomonas aeruginosa, Staphylococcus aureus shall not be
Even though over-labeling after import is acceptable, it is desirable for
detected
the products to be labeled in Korean before import products labeled in Korean
before imported, but over-labeling after import is permitted Standards for contents, pH, permanent wave products, etc.
*MFDS Notification 'Regulations on the Safety Standards, etc. of Cosmetics'
Release after batch quality testing

Batch quality testing can be exempted when the overseas manufacturing site has been
inspected to be granted by the MFDS as its practice equal to or higher than the Korean
MFDS Provides DB information on cosmetic ingredients
CGMP according to the GMP inspection result by MFDS on overseas manufacturing The MFDS provides with information DB on prohibited or restricted ingredients for cosmetics in 9
sites (In case a marketing responsible person applies for the exemption) countries
6
(nedrug.mfds.go.kr) Information Cosmetic Regulations Information
Equal requirements for Cosmetic Responsible Persons are applied
Sales
Obligation to record and display Import Management Records

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Risk Assessment Evaluation of Functional Cosmetics
MFDS conducts risk assessment that scientifically assesses Those who intend to manufacture or import functional
and predicts the possibility of risk to human health cosmetics are required to have them approved
when people are exposed to cosmetics by the MFDS through evaluation

Purpose of Risk Assessment Subjects and Examination Procedures

To determine the allowable amount when the manufacturing cosmetics, for such cases of
UV-filters or preservatives that are necessary to produce cosmetics but are concerned of Apply for an Examination MFDS (NIFDS)
adverse effects when used without regulations. (Restricted ingredients)

As of March 2019, manufacturers,


To designate a certain substance with a fact that it is harmful as a substance that cannot be used Cosmetic
universities, research institutes, Application Submission
for cosmetic production. (Prohibited ingredients) can also apply for an examination ezdrug.mfds.go.kr
Marketing

To prioritize safety management of substances used in cosmetics Responsible 60 Days


Evaluation Materials Complementation Review for
Person review
time
To ensure that no certain cosmetic ingredient causes a risk to human health

Notification of
Evaluation Completed
Examination Result
Steps of Risk Assessment

1 Step 2 Step 3 Step 4 Step


Hazard Hazard Exposure Risk Data Requirement
Identification Characterization Assessment Characterization
Data that verify safety, effectiveness, or function
Identify the level and Determine the point Based on the exposure By comparing the POD
effects of toxicity that of departure(POD) scenario, calculate the and SED, estimate the Data concerning the origin and the details of R&D
may be caused by such as the NOAEL systemic exposure possibility of adverse Data concerning the safety
the substance under of the substance dose (SED) of the effects in humans Data that verify effectiveness, or function
assessment under assessment substance under
Sun Protection Factor (SPF), waterproof Sun Protection Factor (SPF),
assessment
and Protection Factor of UV-A (PA) data

Data concerning the standards and test methods (Including samples)

Recent Cosmetic Risk Assessment in Korea Subject Exempt from Evaluation


(’14~’16) Completed risk assessments on 159 substances (Globalization of Risk Assessment of Cosmetics) Items with the same active ingredients, functions, applications, forms, specifications and test
(’14) 30 substances including UV-filters (’15) 60 substances including preservatives methods as ones notified by the MFDS (KFCC)
(’16) 69 substances restrcited in use (’17)
Items with the same active ingredients, functions, applications, forms, specifications and test methods
(’17~) Continuing the risk assessments on ingredients with safety issues by monitoring the current as previously approved ones
status of foreign regulations such as Europe's

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Labeling and Advertisement Safety Information Management of Cosmetics
A cosmetic manufacturer, responsible person shall not make any false or The MFDS arranges safety measures by collecting and reviewing safety
misleading labeling or advertisements and shall be able to substantiate information from consumer use.
claims they displayed and/or advertised

Scope of Prohibited Labeling and Advertisements Cosmetic Safety Information Management System

Labels or advertisements that can mislead


Labeling or advertisements that can mislead non-functional cosmetics and non-organic
consumer the products as medicines cosmetics to functional cosmetics and Related
Medical doctors Pharmacists Nurses Consumers
organic cosmetics organizations

Any indication or advertisement beyond By means of


the scope of evaluation on the claims In addition, labeling/advertisements that telephone,
safety & efficacy of functional cosmetics or deceive or mislead consumers post, fax, etc.
that is different from the examined results

Cosmetic Marketing
MFDS
Responsible Person

Cosmetic Manufacturer / Marketing


MFDS
Responsible Person / Seller

An actual proof of Report


In case any label or advertisement
Shall be able to actually substantiate claims labeled or
needs an actual evidence, the Minister
the claims they displayed or advertised advertised could request for a submission of data
specifying the details

Requirements for Marketing Responsible Person

Claims of Cosmetic Labeling


- Name of a cosmetic product - All ingredients used to manufacture cosmetics
- Volume or weight Within
- Name and address of the manufacturer and
Prompt 15 days
marketing responsible person - "Functional Cosmetics" has to be displayed in case
reporting
- Batch number of functional cosmetics
Review Experts advice
- Expiration date or use-by dates after opening - Precautions for use A cosmetic marketing responsible person must
- Price - Others required by the Enforcement Rule promptly report to the MFDS within 15 days of
discovery of a serious adverse event.
Assess-
Primary packaging: Name of a cosmetic product, Name of a manufacturer, MFDS ment
Marketing responsible person, Batch number, Expiration date or Use-by dates after opening (Prohibition of
sales, recall,
Semi-
Regular disposal,
annually Actions
adding
Enactment of Natural or Organic Cosmetics Certification (As of March 2019) reporting precautions
Natural Cosmetics : cosmetics containing animals, plants, their derivatives, etc. and meeting the criteria for use, etc.)
notified by the MFDS A Cosmetics Responsible Person must report the
safety information of cosmetics to the MFDS every
Organic Cosmetics : cosmetics manufactured from organic ingredients, plants, animals, half year
or their derivatives, etc. and meet the criteria set by MFDS

10 l Safety Management of Korean Cosmetics K-Cosmetics, Recognized and Trusted by the Worldㅣ11
Market Surveillance International Cooperation
The MFDS conducts regular and ad-hoc on-site inspection of cosmetic
manufacturers and responsible person, tests distributed products, monitors
labeling and advertisements, and monitors risk information from overseas

Management and Surveillance Activities 「K-Cosmetic World Roadshow」 (2019~)

In connection K-POP, the MFDS takes overseas exhibition every year to expand the export
market and promote Korean Cosmetics Industry, enhancing their global brand images.
Regularly inspects cosmetics manufacturers and marketing responsible person
Field
for the compliance with the cosmetics regulations under the Cosmetics Act,
Surveillance
and conducts ad-hoc inspection when necessary.

「One-Asia Cosmetics and Beauty Forum」 (2014~)

Determines whether distributed products meet the safety standards (heavy metals, Share the current status of cosmetics industry and safety control in Asian countries, and promote
Testing Korean cosmetics through cooperation with industry and regulatory bodies
microbiological limits, etc.) by collecting distributed products
- (2014) Beijing, China, (2015) Shangai, China, (2016) Ho Chi Minh City, Vietnam,
(2017) Jakarta, Indonesia, (2018) Bangkok, Thailand

Advertisement Monitors various media including on-line to detect false or misleading


and Labeling advertisements/labeling
Monitoring Engagement in ICCR (Int’l Cooperation on Cosmetics Regulation)
*Operating ‘Cyber Inspection Office’ for monitoring online advertisements (‘18~)

MFDS has actively been participating in ICCR annual meeting and its working groups.

Constantly monitors risk information released by foreign regulatory bodies * ICCR: a voluntary international group of cosmetics regulatory authorities to discuss common issues
Monitoring
Overseas Risk on cosmetics safety and regulation
such as US and Europe, and analyzes and evaluates the risk information to
Information
take measures
Support to Building up Regulatory Capacity for ASEAN Countries (2018~)

Depending on the types and severity of the violation, fine, suspension, MFDS hosts seminars and trainings forThe MFDS invites regulators from ASEAN countries and provides
Administrative
correction, or warning is imposed. If necessary, criminal prosecution can be with training course to improve their ASEAN countries to improve their cosmetics safety management
Imposition &
Penalties filed. capabilities, and to cooperate and promote regulatory harmonization.

*Operation of Criminal Investigation Office

Cooperation between Countries to Reduce Technical Barriers


Introduction of ‘Consumer Cosmetic Safety Management Watchdog’ System (As of March 2019)
The MFDS contributes to export and import more smoothly through the continued network between
MFDS appoints a person who has a knowledge of cosmetics safety management such as a cosmetics
business group or representatives of consumer organizations as a consumer cosmetics safety MFDS and overseas Regulatory Authorities based on mutual understanding of each country’s safety
management watchdog management system
The consumer cosmetics safety management watchdog reports by monitoring market and assists
in the MFDS surveillance activities such as inspection, questioning, collecting, etc.

12 l Safety Management of Korean Cosmetics K-Cosmetics, Recognized and Trusted by the Worldㅣ13
Supportive Activities for Organization
Industrial Growth

Export Assistance Center (Online Service)

Provides with information on the export including market status, relevant law, registration
procedure, etc. to support export for SME having difficulties to obtain overseas information
(can be found at Korea Cosmetic Association website)

Training and Customized Consulting for Halal Certification (2016~)

provides with training and consulting for preparing manuals required for Halal Assurance System
(HAS), etc.

Training and Customized Consulting for CGMP Certification (2016~)

Provides CGMP training and consulting for SMEs to acquire CGMP certification

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Cosmetics Regulatory Framework in Korea

January 2019

Copyright 2019 Ministry of Food and Drug Safety. All rights reserved.

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