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Imports of Cosmetics in India: Analysis of Registration Procedure

Sonal Pruthi

| Updated: Feb 01, 2021 | Category: Cosmetic Registration

Imports of Cosmetics in India

This Article speaks about Imports of Cosmetics in India and analysis of registration of cosmetics. The world economy is dependent on the sale of cosmetics. The cosmetics industry is crucial to the overall development of the Indian economy. Cosmetic registrations for importers have been made mandatory by the government.

The growth of cosmetic industry in India is expanding at a considerable rate when compared to the European Union and the United States of America (USA). The Ministry of Health and Family Welfare has asked for the cosmetic Registration for importers to ensure the safety of the products which are imported to India.

The government wants to stop the sale of identical products in India. The Indian government wants to abolish imitation cosmetic products in India. This gap is before the guidelines were issued for Registration of Import of Cosmetics. According to a survey carried out in 2015, the cosmetic industry was earning approximately USD 7 Billion. It is estimated that the cosmetic industry will reach USD 20 billion between the years of 2020 to 2025.

New Guidelines for Imports of cosmetics

The cosmetic industry is governed under Ministry of Health & Family Welfare, and legislation is Drugs Cosmetics Rules, 1945. The rules were amended in 2013. The rules were finally implemented from 1st April 2013.  The rules were implemented with the reason of potential rise in the cosmetic industry, which was seen from 2010 onwards. Indian Cosmetic Analysis (2009-2012), published by Research Markets, reported that the cosmetic industry had registered sales worth of INR 422.3 Billion in 2010. The cosmetic industry has recorded the rise because of the attributes of rise in fashion.

Eligibility for obtaining Imports of Cosmetics License in India

The eligibility criteria for obtaining the cosmetic license in India are as follows:

  1. Manufacturer of cosmetics India and who has registered office in India
  2. The authorized agent of the manufacturer
  3. Subsidiary agent of the manufacturer
  4. Any other importer

Manufacturing cosmetic License in India

The procedure to obtain the manufacturing license for cosmetics in India has been laid down under the Drugs & Cosmetics Rules, 1945[1]. Schedule M-II classifies cosmetics, into 11 broad categories, powder, creams, lotions, nail polishes, lipstick, depilatories, preparations used for eye, aerosol, alcoholic fragrance solutions, hair dyes, tooth powders, toothpaste, and toilet paper. For the manufacture of any of the above-stated products; a license has to be obtained from the licensing authority from the state government.

An application has to be submitted in Form-31 and a license fee of Rs. 2500/- and Rs.1000/- . The only compliance on the manufacturer is the appointment of the qualified person who has at least a pharmacy degree, registered in pharmacy, or at least passed the intermediate exam in Chemistry or any exam recognized by the competent authority.

The following licenses are required for cosmetic product manufacturing & market in India as per the Drugs &Cosmetics Act, 1940-

  1. Form-32- Sale & distribution of cosmetics issued to the manufacturer
  2. Form-32A-issued for the loan license to manufacturer
  3. Form-37- issued for grant or renewal of approval of carrying out the test on drugs or cosmetics

Cosmetic Trademark Class

The cosmetic trademark class 3, it is one of the class amongst the 45 trademark classes which is used by U.S. Patent and Trademark Office, when grouping products or services.

Under which the following goods are classified, it mainly includes goods which are used for cleaning preparations and toilet preparations. It also issues deodorants for human beings, room fragrance preparations, and sanitary preparations being toiletries. 

GST on Ayurvedic Products

The total GST which has been kept over the Ayurvedic Products is 12%. Whether it is beauty and health, GST remains the same.

Procedure for Imports of Cosmetics in India

There is a defined procedure given under the Central Drugs standard Controller India, where the imported products are registered in India, under the Ministry of Health and Family Welfare.

Procedure for Imports of Cosmetics in India
  1. Application form central Drug Authority for import of Cosmetics

An application has to be filed with the Central Drugs standard Controller of India.

  1. Form-42

The application has to be made in Form 42 with a cover letter.

  1. Fees-USD 250

The payment shall be USD 250 fees or which is equivalent to the cost of the imported product.

  1. Signed Cover Letter

The office of the Drug Controller shall issue a cover letter which is duly signed which acts as an acknowledgement.

  1. The validity of Registration for import of cosmetics

The Registration is valid for 3 years and after which the renewal is necessary to continue the business.

Documents Required for the Imports of Cosmetics to India

Documents Required for the Imports of Cosmetics to India
  1. Details of Manufacturer

The complete address of the manufacturer, and contact information of the manufacturer who does of Import of Cosmetics.

  1. Import-Export Code Number

The manufacturer requires an IEC number.

  1. Details of the cosmetics to be registered

This should include the brand name, the date of manufacture, and package sizes which are to be imported in India.

  1. Details of manufacturing license

The details of the manufacturing license under which the cosmetics are being manufactured and the country’s details where the sales are carried out.

  1. Details of the Import from countries

It has to mention details of the countries where import permission for that product is granted.

  1. Names of the ingredient

It has to mention the names of the ingredients as per the international standards which are accepted as per the percentage contained in the products.

  1. Information about Indian Market

It has to give details about selling in Indian markets. It means that whether the product already being sold in India, and the time period.

  1. Undertaking the test not performed on animals

It has to be declaration given at the port when the consignment is released that no test has been performed on animals after 12 November 2014 onwards.

Conclusion

It can be concluded that when a dealer imports cosmetics in India few requirements are very important that to be an authorized agent or registration holder support. Apart from this, cosmetic Registration under Form 42 and 43 is important. If there is any amendment in the Registration, the application must be filed with the CDSCO-Central Drug Standard Control Organization. These steps are a necessity for the Cosmetic Registration.

Read our article:License and Permission Required Making Cosmetics in India

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Sonal Pruthi

She is B.Com (H), LL.B LLM, Cs (Module 2) And Certification In Cyber Law From ILI Qualified. She has Been A Legal Teacher In The Previous Organization. My Strength Is My Expertise Knowledge In Civil Laws, Corporate Law And Tax Laws. I Have Been Legal Teacher And Legal Trainer In The Past Organization. Her Knowledge About The Subjects Have Expanded Due To Teaching Number Students From Various Universities All Over India.

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