Definition of Cosmetics

As per Section 3(aaa) of Drugs and Cosmetics Act, 1940 “Cosmetic” means “any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance and includes any article intended for use as a component of cosmetic.”

Haircare products include shampoo, Conditioners, Hair serums, Hair colouring Products, Styling Products, Hair sun protection products Hair Loss and Anti-dandruff products

Cosmetics including Haircare products has been mandated to be registered by the Ministry of Health and Family Welfare, CDSCO since 1st April 2013 for import of Cosmetics in Form 43. You can read more in details about the applicable rules and regulations for Import of Cosmetics in Form 43

As per THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES 2011, Registration of  Importer, Packer or Manufacturer is mandatory under the Packaged commodity Rule 2011 With Legal Metrology wing under Ministry of Consumer affairs.

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Pre-packaged or pre-packed is a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not so that the product contained therein.

An application has to be made for approval under Packaged commodity rules 2011 for Registration of Importer, Packer or Manufacturer as per Chapter VI of the Packaged commodity rule (PCR) 27 of legal metrology act 2009:

“Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees five hundred, to the Director or the Controller for the registration of his or its name and complete address”

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PROCESS:

1. Sharing Preliminary Information with NKG experts
   The Importer / Manufacturer/Packer of any pre-packed commodity will share details of such products with NKG.
2. NKG experts to share regulatory documents
   If the product comes under the scope of Legal Metrology (Packaged Commodity Rules) 2011, the NKG team will share the necessary checklist of documents with the client.
3. Application submission by NKG experts
   After receiving executed documents, NKG will apply online/offline to the Central Legal Metrology Department.
4. Assigning of an officer in Headquarter
   After receiving the application, the Central Legal Metrology Department will assign an officer to the case.
5. Application processing in Headquarter
   The officer will securitize all submitted documents. If the processing officer is not satisfied and needs further clarification, then he/she may ask further questions.
6. Grant of Approval
   If the processing officer is satisfied with the answers, then he/she may grant the Certificate of Registration under A under the Legal Metrology (Packaged Commodities) Rules 2011