化妆品卫生监督条例 REGULATIONS CONCERNING THE HYGIENE SUPERVISION OVER COSMETICS

or supervision of the making of cosmetics in the form of technical consultancy， technical service and under any other pretences.

　　Article 23 If any medical treatment unit finds out any cases who suffer from undesirable effect after using a certain cosmetics， it is required to make a report to the local health administration department.

　　Chapter V Penalty Provisions

　　Article 24 If any production enterprise without a Hygiene License for the Production Enterprise of Cosmetics is found to have made cosmetics without authorization， it shall be ordered to stop production and its products and illegal earnings shall be confiscated and a fine 3 to 5 times the illegal profits shall be imposed on it.

　　Article 25 If any production enterprise without holding an approval document is found to have produced special cosmetics or have used prohibited materials or any new ingredients that had not been previously approved， its products and illegal earnings shall be confiscated and a fine 3 to 5 times their illegal profits shall be imposed on it. It may be ordered to stop production or to have its Hygiene License for the Production Enterprise of Cosmetics revoked.

　　Article 26 Those who import or sell imported cosmetics that have not been approved or examined shall be punished by having their goods and illegal earnings confiscated and by a fine 3 to 5 times their illegal profits.

　　As for those enterprises holding an approval document for the production of special cosmetics， if they violate these provisions and the case is serious enough， their approval document shall be revoked.

　　Article 27 Those who produce or sell any cosmetics that are not up to the State Hygiene Standard for Cosmetics shall be punished by having their products and illegal earnings confiscated and by a fine 3 to 5 times their illegal profits.

　　Article 28 If any production enterprise or business enterprise violates other rules of these Regulations， they shall be given a warning and be ordered to correct their wrong doings within a prescribed period of time； if the case is serious enough， in the case of a product

ion enterprise， it shall be ordered to stop production or to have its Hygiene License for the Production Enterprise of Cosmetics revoked； and， in the case of a business enterprise， it shall be ordered to stop business， have its illegal earnings confiscated and be punished by a fine 2 to 3 times their illegal profits.

　　Article 29 Disciplinary sanctions for violation of these Regulations shall be decided by the health administration departments at or above the county level.

　　Disciplinary sanctions for violation of Article 14 of these Regulations hall be decided by the administration department for industry and commerce.

　　The punishment by revocation of the Hygiene License for the Production Enterprise of Cosmetics shall be decided by the health administration department at the provincial， autonomous regional or municipal （directly under the Central Government） level. The punishment by revocation of the approval document for the production of special cosmetics shall be decided by the health administrative department under the State Council. The fine and confiscation shall all be turned over to the State treasury and the products confiscated shall be disposed under the supervision of the health administration department.

　　Article 30 If the party concerned does not accept the disciplinary sanction imposed by the health administration department， it may appeal to the health administration department at a higher level for a review of the case within 15 days after receiving the notification of the sanction. The higher health administration department is required to give a reply within 30 days. If it is still not satisfied with the decision made by the health administration at the higher level， it may bring a suit to the people's court within 15 days after receiving the notification of the reconsideration， but it must carry out at once the order of the health administration department about confiscation of their products and suspension of production. If， upon the expiration of this period， the party has neither applied for reconsideration nor complied with the sanction， the health administration department may request the people's court to take enforcement at law.

　　Article 31 In the case that the consumer is harmed physically or poisoned as a result of violation of these Regulations， the production enterprise， the business enterprise or the persons who are directly responsible for the consequences must compensate for the loss. If the case has produced serious consequences， the party responsible shall be prosecuted for criminal responsibility by the judicial organs in accordance with the law.

　　Article 32 Any cosmetic hygiene supervisor who abuses his power or engages in malpractices for personal gains or discloses the technical data provided by the enterprise shall be subject to disciplinary sanctions； and if the case is serious enough to constitute a crime， he shall be prosecuted for criminal responsibility according to law.

　　Chapter VI Supplementary Provisions

　　Article 33 Hygiene supervision work over the cosmetics produced and put to sale on the market by any units in the People's Liberation Army shall be conducted in accordance with these Regulations.

　　Article 34 The right to interpret these Regulations resides in the health administration department under the State Council and the rules for the implementation of these Regulations shall be formulated by the health administration department under the State Council.

　　Article 35 These Regulations shall come into force as of January 1， 1990

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