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Core Purpose

The Central Government, after consultation with the Drugs Technical Advisory Board, makes the Cosmetics (Amendment) Rules, 2025, to amend the Cosmetics Rules, 2020, exercising powers under sections 12 and 33 of the Drugs and Cosmetics Act, 1940.

Detailed Summary

The Ministry of Health and Family Welfare (Department of Health and Family Welfare) issued G.S.R. 513(E) on July 29, 2025, enacting the Cosmetics (Amendment) Rules, 2025. These rules, made by the Central Government under sections 12 and 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), after consulting the Drugs Technical Advisory Board, amend the Cosmetics Rules, 2020 (originally published vide G.S.R.763 (E) on December 15, 2020). The draft rules were previously published as G.S.R. 371 (E) on May 15, 2023, inviting objections and suggestions, which were duly considered. Key amendments include: defining "use before" and "date of expiry" in Rule 3(w); replacing "controlling officer" with "Controlling Authority" in Rules 6, 9, and 31(2); redefining "Government Analyst" in Rule 7; and establishing the Central Drugs Laboratory as the Central Cosmetics Laboratory for testing and appellate functions under Rule 11. Rule 26 introduces requirements for licensees to maintain batch records and raw material/final product testing records (hardcopy or electronic) for three years or six months after batch expiry, whichever is later, and clarifies the role of the State Licensing Authority, with soap manufacturers exempted from certain record-keeping requirements under Rule 26(m). A new Rule 31A outlines the State Licensing Authority's power to cancel or suspend licenses for non-compliance, with a 90-day appeal period to the State Government. Rule 34(10) specifies labeling requirements for exported cosmetics to comply with the importing country's law, allowing for a code number approved by the State Licensing Authority if the manufacturer's name/address is not required. Rules 49(1) and (3) omit references to "courier." Rule 53(2) expands the scope to include "spurious cosmetics under section 17D." Several rules (60, 61, 62) replace "licence" with "approval" in relevant contexts, and Rule 63 replaces "Part" with "Chapter." Rule 69(2) replaces "Central Licensing Authority" with "Licensing Authority," and the First Schedule, paragraph (6) replaces "withdraw of this Power of Attorney" with "withdrawal of authorisation."

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-31072025-265135 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 470] NEW DELHI, TUESDAY, JULY 29, 2025/SHRAVANA 7, 1947 MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health and Family Welfare) NOTIFICATION New Delhi, the 29th July, 2025 G.S.R. 513(E).—Whereas a draft of certain rules to amend the Cosmetics Rules, 2020 was published, as required under sub-section (1) of section 12 and sub-section (1) of section 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), vide notification of the Government of India in the Ministry of Health and Family Welfare (Department of Health and Family Welfare) number G.S.R. 371 (E), dated the 15th May, 2023, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), dated the 17th May, 2023, inviting objections and suggestions from persons likely to be affected thereby, before the expiry of a period of forty five days from the date on which the copies of the Official Gazette containing the said notification were made available to the public; And whereas, copies of the said Official Gazette were made available to the public on the 17th May, 2023; And whereas, objections and suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 12 and section 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), the Central Government, after consultation with the Drugs Technical Advisory Board, hereby makes the following rules to amend the Cosmetics Rules, 2020, namely:- 1. Short title and commencement.- (1) These rules may be called the Cosmetics (Amendment) Rules, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Cosmetics Rules, 2020 (hereinafter referred to as the said rules), in rule 3, in clause (w), the following explanation shall be inserted, namely:- "Explanation:-For the purposes of this clause, the expression“use before” means, use before the first day of a month mentioned on label and the expression "date of expiry" mean the cosmetic expires on the last day of the month.". 3. In the said rules, in rule 6, for the words "controlling officer"at both the places, where they occur, the words "Controlling Authority" shall be substituted. 4. In the said rules, for rule 7, the following rule shall be substituted, namely:- "7. Government Analyst:- The Government Analyst appointed under section 20 of the Act (23 of 1940) shall be the Government Analyst for the purposes of these rules." 5. In the said rules, in rule 9, for the words “controlling officer", wherever they occur, the words "Controlling Authority" shall be substituted. 6. In the said rules, in rule 11, for the heading and sub-rule (1), the following heading and sub-rule shall respectively be substituted, namely:- "11. Central Cosmetics Laboratory and its function.- (1) The Central Drugs Laboratory established under the Act shall function as the Central Cosmetics Laboratory for the purposes of, (a) analysing or testing such samples of cosmetics as may be sent to it under sub- section (2) of section 11 or under sub-section (4) of section 25 of the Act; or (b) functioning as an appellate laboratory; or (c) carrying out any other function as may be specifically assigned to it by the Central Government." 7. In the said rules, in rule 26,- (i) in clause (c), in sub-clause (ii), for the words ‘Central Licensing Authority', the words "State Licensing Authority" shall be substituted; (ii) for clause (f), the following clause shall be substituted, namely:- "(f) The licensee shall keep record of the details of each batch of cosmetic manufactured and of the raw materials used therein as per the particulars specified in the Eighth Schedule either as hardcopy or through electronic means and such records shall be retained for a period of three years or six months after expiry of the batch whichever is later."; (iii) for clause (h), the following clause shall be substituted, namely:- "(h) The licensee shall test each batch or lot of the raw materials used for manufacturing the cosmetics and also each batch of final product and shall maintain records or registers, showing the particulars in respect of such tests and the records or registers either as hardcopy or through electronic means shall be retained for a period of three years or six months after expiry of the batch whichever is later."; (iv) in clause (m), for the proviso, the following proviso shall be substituted, namely:- "Provided that clauses (f) and (h) shall not apply to the manufacture of soap and the procedure for testing of raw materials and the records to be maintained by a manufacturer of soap shall be such as are approved by the Licensing Authority.". 8. In the said rules, in rule 31, in sub-rule (2), for the words “Controlling officer", the words "Controlling Authority" shall be substituted. 9. In the said rules, after rule 31, the following rule shall be inserted, namely:- "31A. Cancellation or suspension of licence.- (1) If a licensee fails to comply with any of the conditions of license or with any provision of the Act or the rules made thereunder, the State Licensing Authority may, after giving the licensee an opportunity to show cause as to why an order for cancellation or suspension of license should not be passed and after giving an opportunity of being heard, by an order in writing, stating the reasons thereof, cancel a licence issued under these rules or suspend it for such period as he thinks fit, either wholly or in respect of some of the substances to which it relates. (2) A licensee whose licence has been suspended or cancelled, may, within a period of ninety days from the date of the order, appeal to the State Government which shall, after considering the appeal and after giving an opportunity of being heard to the said appellant for hearing, pass such order as it deems fit which shall be final". 10. In the said rules, in rule 34, for sub-rule (10), the following sub-rule shall be substituted, namely:- "(10) In case, the cosmetic is meant for export, then the label on package or container of cosmetic shall comply with the law of the country to which the cosmetic is to be exported: Provided that where a cosmetic is required by the consignee to be not labeled with the name and address of the manufacturer, the label on package or container shall bear a code number as approved by the State Licensing Authority.". 11. In the said rules, in rule 49, - (i) in sub-rule (1), the words "or by courier" shall be omitted; (ii) in sub-rule (3), the words "or courier" shall be omitted. 12. In the said rules, in rule 53, in sub-rule (2), for the words "or adulterated cosmetic", the words "or spurious cosmetics under section 17D or adulterated cosmetic" shall be substituted. 13. In the said rules, in rule 60,- (i) in sub-rule (1), (a) for the words "A licence issued", the words "An approval issued" shall be substituted; (b) for the words “a licence retention", the words "approval retention" shall be substituted; (ii) in sub-rules (2) and (3), for the word "licence", wherever it occurs, the word "approval" shall be substituted. 14. In the said rules, in rule 61,- (i) for the words “premises licensed", the words “approved premises” shall be substituted; (ii) for the word "licence”, the word "approval"shall be substituted. 15. In the said rules, in rule 62, in clause (e), for the words "renewal of approval", the words "end of retention period of approval shall be substituted. 16. In the said rules, in rule 63, for the word "Part", the word "Chapter"shall be substituted. 17. In the said rules, in rule 69, in sub-rule (2), for the words "Central Licensing Authority", the words "Licensing Authority'shall be substituted. 18. In the said rules, in First Schedule, in paragraph (6), for the words "withdraw of this Power of Attorney", the word "withdrawal of authorisation" shall be substituted. [F. No. X.11014/16/2021-DR] RAJIV WADHAWAN, Advisor (Cost) Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R.763 (E), dated the 15th December, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH Date: 2025.07.31 16:17:52 +05'30'

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