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FDA proposes to make licences mandatory for cosmetics retailers

FDA held several rounds of discussions with associations of cosmetic manufacturers and suppliers before drafting the proposal.

spurious cosmetic items Picture for representational purpose

In a move that is expected to up the vigil over spurious cosmetic sales and supply chain, the Maharashtra Food and Drug Administration (FDA) has submitted a proposal to the state government to make it mandatory for retailers selling cosmetic products to apply for licences. This will not only include the abundantly available small-grocery shops that stock body lotions but also department stores, medical stores and even beauty parlours and salons.

Currently, the regulatory body has the authority to inspect manufacturing units that produce cosmetic products under Drugs and Cosmetics Act, 1940. Maharashtra has over 800 such manufacturing units. FDA now seeks an amendment to the central Act to also license an estimated 5 lakh retail shops that sell even the smallest of cosmetic products.

“Our inspectors have come across instances where fake cosmetic brands are being sold or spurious cosmetics are stocked in stores. But because there is no licensing for sale of cosmetic products, anyone can purchase spurious cosmetic from unlicensed manufacturers and sell it,” said an assistant commissioner of FDA. If the proposal to register retailers of cosmetic products is approved, on the lines of drug retailing, FDA estimates to add over 5 lakh such retailers in their licensing list. This will include 80,000 retail chemists who routinely also stock basic cosmetic items such as body lotion, shampoos, and conditioners along with medicines. “We have requested the state government to seek approval from the Centre on this. Maharashtra will be the first state to start licensing retailers of cosmetic products,” said Pallavi Darade, commissioner, FDA.

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In a proposal submitted to the Medical Education and Drugs department, each retailer will have to pay Rs 500 per year for registration of licence to sell cosmetics. Darade added that the move will also add revenue to the government’s kitty. FDA held several rounds of discussions with associations of cosmetic manufacturers and suppliers before drafting the proposal.

An official from the Medical Education department said that at least six queries have been raised over the FDA proposal. “We need to understand how will FDA keep control over so many grocery shops that sell cosmetic items across the state. Also, these shops are already registered under municipal bodies, so are we seeking double registration? The action against spurious cosmetic sale and punishment also needs to be detailed,” said an official from Mantralaya.

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The amendment may also affect chemists who are already registered under Drugs and Cosmetics Act. “We have also sought clarification on whether chemists will have to separately register for cosmetics,” the official added.

The move to start licensing for retail cosmetic sellers came after instances of spurious sale to consumers from beauty parlours and cosmetic shops. On November 1, FDA drug inspectors raided four small-time beauty parlours in Pune and found one of them using spurious rosewood and fennel seeds oil for clients. The oil was manufactured in Thane by unlicensed manufacturing unit and sold through multiple distributors to beauty parlours. In second instance, beauty parlours in Nagpur were found purchasing locally manufactured spurious shampoos and conditioners under branded labels from units that purchased used branded bottles and refilled it.

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While manufacturers are largely covered under FDA, retailers, specially small grocery shops, that are in direct contact with customers, do not have to comply with any laws under Drugs and Cosmetics Act. “They are the ones directly selling such products to consumers. A consumer cannot understand whether the product is spurious,” said an official from FDA.

Once Medical Education and Drugs department approves it, the proposal will go through Law and Judiciary department and require approval from the central government to amend the central law before Maharashtra can start issuing licences to retailers.

First uploaded on: 23-11-2017 at 04:36 IST
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