How much is the fine for producing cosmetics that do not comply with the published formula?

Producing cosmetics that do not comply with the published formula is a violation of the law and subject to administrative sanctions according to regulations. The level of fine depends on the nature and severity of the violation committed by the organization or individual. Customers need to clearly understand the regulations on production conditions and cosmetic announcements to avoid risks. This article provides detailed information about fines and procedures related to this behavior, and gives notes to customers.

Conditions for issuance of Certificate of eligibility for cosmetic production

To ensure product quality and safety, cosmetic manufacturing facilities must meet the conditions specified in Article 4 of Decree 93/2016/ND-CP amended and supplemented by Decree 155/2018/ND-CP:

Personnel conditions: The person in charge of the facility’s production must have specialized knowledge in one of the following majors: Chemistry, biology, pharmacy or other related majors that meet the requirements of the job.

 Facilities conditions:

• There is a location, area, factory, and equipment that meet the requirements for production lines and types of cosmetic products that the facility plans to produce as stated in the application for a Certificate of eligibility for cosmetic production;
• Warehouses for storing raw materials, packaging materials and finished products must ensure separation between raw materials, packaging materials and finished products; There is a separate area for storing flammable and explosive substances, highly toxic substances, rejected, recalled and returned raw materials and products.

Have a quality management system that meets the following requirements:

• Raw materials, auxiliary materials, and semi-finished products used in cosmetic production must meet the manufacturer’s quality standards;
• Water used in cosmetic production must at least meet national technical standards on drinking water issued by the Minister of Health;
• There is a production process for each product;
• There is a quality inspection department to check the quality of raw materials, semi-finished products, products awaiting packaging and finished products.

Full compliance with the conditions on personnel, facilities and quality management system not only helps businesses meet legal requirements to be granted a Certificate of eligibility for cosmetic production but also ensures product quality, enhances reputation and competitiveness in the market.

Fines for producing cosmetics that do not comply with the published formula

According to the provisions of Point c, Clause 3, Article 71 of Decree 117/2020/ND-CP, acts of trading cosmetics with formulas that do not match the approved announcement documents will be fined. Specifically:

• Fine for individuals: From 30,000,000 VND to 40,000,000 VND.
• Fine level for organizations: Equal to 02 times the fine level for individuals, from 60,000,000 VND to 80,000,000 VND.

In addition to fines, violating organizations and individuals are also forced to return the cosmetic product announcement receipt number.

>>> See more: Steps to Apply for a Cosmetic Advertising License.

Note when producing cosmetics

To comply with the law and ensure product quality, cosmetic manufacturers should note:

• Carefully study the legal regulations on cosmetic production and publication.
• Ensure production conditions and quality control according to standards.
• Announce cosmetic products according to correct processes and procedures.
• Update information on new laws and regulations related to cosmetics.
• Complying with regulations helps production facilities avoid sanctions and at the same time build reputation and trust with customers.

Full compliance with legal regulations not only helps cosmetic manufacturers avoid legal risks but also contributes to improving product quality, building brand reputation and building solid trust with customers.

>>> See more: Changing Information on the Cosmetic Announcement Form: Process.

Consulting services and guidance on issuance of cosmetic manufacturing certificates by Long Phan Consulting Company

Long Phan Consulting Company provides consulting services and guidance on granting certificates of eligibility for cosmetic production, including:

• Consulting on conditions and procedures for granting certificates.
• Drafting documents and related documents.
• Submit application and monitor the application processing process at the competent state agency.
• Representing customers in working with competent state agencies.
• Answer questions and support customers throughout the implementation process.

With professional consulting services and an experienced team, Long Phan Consulting Company is committed to supporting businesses in completing procedures for granting certificates of eligibility for cosmetic production quickly and accurately, helping businesses comply with the law and operate effectively in the market.

Frequently asked questions about producing cosmetics that do not comply with the published formula

Customers can refer to the frequently asked questions about producing cosmetics that do not comply with the published formula below:

What specific requirements are there for quality management systems in cosmetic manufacturing?

The quality management system needs to ensure that raw materials, auxiliary materials, and semi-finished products meet the manufacturer’s standards, water used in production meets national technical regulations on drinking water, and has a production process for each product and a quality inspection department.

Will producing cosmetics that do not meet quality standards be punished?

Yes, according to current law, the production of cosmetics that do not meet quality standards will be subject to administrative sanctions.

If a cosmetics company has a formula that does not match the cosmetic product declaration dossier, how will it be punished?

According to current legal regulations, cosmetic companies whose formulas do not match the cosmetic product declaration dossier will be fined from 60,000,000 VND to 80,000,000 VND.

What are the potential risks for businesses if cosmetic production does not comply with the published formula?

In addition to fines and product recalls, businesses also face the risk of losing reputation, affecting their brand, and may be sued by customers if the product causes harm.

Which agency has the authority to handle violations in the field of cosmetic production?

The Drug Administration (Ministry of Health) and local market management agencies have the authority to handle violations related to the production and trading of cosmetics.

Can businesses appeal the sanctioning decision if they disagree?

Yes, businesses have the right to appeal the sanctioning decision according to the law on complaints and denunciations.

Conclude

Strict compliance with published formulas is a mandatory requirement for all cosmetic manufacturing facilities. Violating this regulation not only leads to legal consequences but also damages the reputation and brand of the business. For detailed advice and the best legal support, please contact Long Phan Consulting Company immediately via the hotline: 0906735386.