Cosmetic License in India: Guide for Cosmetic Businesses

Cosmetics are a daily necessity in India. They are frequently utilized in both rural and urban settings. Every year, the market for cosmetic license rules in India continues to expand. The skincare, hair care, and personal hygiene industries benefit from this. Cosmetics are currently one of the most stable segments of the market, as seen by the industry’s steady expansion. However, starting a cosmetics company with just branding and marketing will not be successful. A manufacturer or importer must obtain a current Cosmetic License in India in order to sell a product there.

According to Indian law, you must have proper approval to sell or import cosmetics. The rules for Cosmetic License Registration are set by the Drugs and Cosmetics Act, 1940. Businesses can now apply for Cosmetic License registration online. They need to keep a sharp eye on accuracy and compliance. To ensure no delays or rejections, LegalRaasta provides skilled guidance and complete support for a smooth cosmetic license in India.

1. Understanding the Definition of Cosmetics License Rules in India

Under Indian law, cosmetics are defined as products used on the body for personal care and to enhance appearance. Cosmetics are products that you put on your body, according to the definition in Section 3(aaa) of the Drugs and Cosmetics Act. You can pour, rub, spray, or sprinkle them on your body. They are meant to clean, beautify, improve the appeal of, or change the way you look. The definition covers the most typical products like creams, lotions, perfumes, soaps, shampoos, and makeup. Besides that, it comprises any substance that is an ingredient or a part of a cosmetic product.

For regulatory purposes, different authorities handle approvals. State licensing authorities, chosen by each state government, regulate how cosmetics are made. Imported cosmetic products are managed by the Central Government. The import registration certificate is issued by the Drugs Controller General of India.

2. Different Categories of Cosmetic License in India

In India, there are two main types of cosmetic registration, depending on the business activity. These are the manufacturing license and the importing license. The cosmetic license registration you need depends on whether your business will make cosmetic products in India or import them from foreign countries for sale.

Cosmetic Manufacturing License

A business must get a manufacturing license to make cosmetic products in India. A cosmetic manufacturing license is valid for five years from the approval date. Businesses can apply for various manufacturing licenses based on how they operate.

License for Manufacturing Cosmetics for Sale or Distribution

Manufacturers can apply for Form 31 to get permission to make cosmetics for sale or distribution. They need to do this with the state licensing authority. Once approved, the license is issued in Form 32. With this license, a manufacturer can apply for a maximum of ten cosmetic products per category listed in Schedule M II of the Rules. The government fee for this license covers a license fee and an inspection fee for every inspection done.

Loan License for Manufacturing Cosmetics

A loan license is ideal for businesses that operate in a licensed manufacturer’s facility. To get this license, the applicant must send Form 31 A to the state licensing authority. Once approved, the loan license is given in Form 32A. Like a regular manufacturing license, applicants can apply for up to ten products in each cosmetic category. The fees you need to pay are a license fee and an inspection fee for each inspection.

License for Approval to Conduct Cosmetic Testing

Manufacturers or labs that carry out testing on cosmetic products or raw materials need to get separate approval. Approval is given in Form 37 after you submit Form 36 to the state licensing authority. You need to pay an inspection fee to get permission for cosmetic testing activities.

Cosmetic Import License

A business needs a cosmetic import license to bring cosmetics into India for sale in the local market. Importers need to register by using Form 42 with the central licensing authority. Once approved, the registration certificate is issued in Form 43. The application fee is charged for each cosmetic brand. The import registration certificate lasts for three years from the date it is issued.

Applications for import registration can come from:

• A manufacturer with a registered office in India
• An authorized agent
• A subsidiary of the manufacturer
• Any other eligible importer

3. Official Classes of Cosmetic Products in India

As per Indian cosmetic regulations and the categories commonly recognized by regulatory authorities, cosmetic products are classified into the following classes. These classes are for licensing, registration, and compliance. They do not list specific brand products.

• Skin care items, such as creams, lotions, gels, oils, and emulsions.
• Face items, including face masks and facial treatments.
• Makeups, such as foundations, powders, and tinted bases.
• Body care goods, such as soaps, bath preparations, and hygiene goods.
• Cosmetics, Perfumes, and fragrances, such as toilet waters and eau de cologne.
• Hair care products, such as conditioners, hair oils, hair lotions and hair oils, and shampoos.
• Hair styling and treatment products, including hair colorants, hair straightening, hair waving, hair fixing, and hair setting products.
• Shaving and after-bath products, such as creams, foams, and lotions.
• Antiperspirants/ deodorants.
• Depilatory products
• Toothpaste and mouth care preparations are oral care products.
• Lip care and lip makeup products
• Nail care and nail makeup products
• Products for external intimate hygiene
• Sun care products, including sun protection and sunbathing preparations
• Products for artificial tanning
• Skin brightening and anti-aging products

4. Regulations Governing Registration of Cosmetic License in India

Before a license is granted to produce cosmetics or register imported goods, the local authority should inspect the facility and then allow it. The visit will look into the building, hygiene, technological equipment, storage as well as adherence to established policies. The official inspector records a detailed report reflecting the study. Based on the report, the licensing authority decides to issue the cosmetic license rules in India or registration. Producers and traders have to abide by the regulations if they want to obtain and retain their approval.

Qualification Requirements for Staff in Cosmetic Manufacturing Units

Cosmetic manufacturing needs to be supervised by qualified and skilled technical staff. Manufacturers need at least one production staff member who meets the education standards. These include:

• A pharmacy diploma approved by the Pharmacy Council of India under the Pharmacy Act, 1948
• Registration under the Pharmacy Act, 1948
• Intermediate level education with Chemistry as a subject, or any other equivalent qualification recognized by the licensing authority

Product Labeling Rules for Cosmetic Products

Cosmetics should be registered with the proper labeling. The manufacturers should ensure that they adhere to the instructions of labeling:

• The labels used on the inside and outside should contain the product name, the name of the manufacturer and full address of the manufacturing facility.
• When there is a small container, the main production location and pin code are to be written down but not the full address.
• The outer label should explicitly mention all the ingredients that have been used in the product. 
• The inner label should display the usage of the product, any hazards that are known, and safety warnings that are of general importance. 
• Every product should have a batch number beginning with the letter B. Also, it requires a manufacturing license number starting with the letter M. 
• Every label should be in accordance with the norms laid down by the Bureau of Indian Standards.

Fast-Track Your Cosmetic Business with Proper License Registration

5. Step-by-Step Procedure for Cosmetic License in India

Manufacturers and importers of cosmetic products can sign up on the SUGAM portal. They need to follow a simple online process. Here are the steps to easily understand how to register a cosmetic company in India:

Step 1: Register on the SUGAM Portal

Visit the SUGAM portal and click on the Login or Sign Up option. Click Sign Up Here and choose cosmetic registration as your purpose. Fill in your basic registration details to set up an account.

Step 2: Email Verification and Account Approval

Once you have filled in the registration details, you will get an email containing a verification link. It is then checked, and the approval application is forwarded to the concerned authority. Thereafter you will get an email with your log in details in your inbox.

Step 3: Log in and Select Application Type

Log in using the approved credentials. Select the right department. Then, pick the correct form for manufacturing or import registration.

Step 4: Fill Application Form

Fill in all the required business and product details with care. Check the information and save the application first.

Step 5: Upload Documents

Make sure that you upload all the documents in the checklist in the portal. Make sure that the paperwork is transparent, extensive and appropriate.

Step 6: Make Payment

Go to the payment section and submit the required government fees through the portal.

Step 7: Submit Application and Generate PDF

Create the PDF of the finished application form. Then, upload the signed copy where needed. Finally, apply online.

Step 8: Review and Approval by Authority

The officer goes through the application and the submitted documents. In case of discrepancies, corrections will be requested through the portal. When all the requirements are fulfilled, the licensing authority gives the green light to the application. Consequently, the approval letter gets uploaded to the SUGAM dashboard.

6. Documents Required for Cosmetic License Registration

To get a Cosmetic License Rules in India, applicants need to provide certain documents. This depends on whether they are applying for a manufacturing license or an import registration. Complete and accurate documentation is key to smooth approval.

Documents Required for Cosmetic Manufacturing License

To apply for a Cosmetic License Rules in India for manufacturing, include these documents:

• Declaration form
• Blueprint and site layout plan of the manufacturing premises
• Proof of ownership of the manufacturing premises or a valid rental agreement
• Proof of firm registration or constitution documents
• Affidavit confirming no conviction of partners, proprietors, or directors under the Act
• Certified copy of the Pharmacy Council of India registration certificate
• Experience certificate and qualification documents of the registered pharmacist or competent person
• Bio data form of the technical staff
• Notarized affidavit confirming full-time employment of the registered pharmacist or competent person
• Appointment letter of the registered pharmacist or the competent person in charge
• Downloaded PDF of the filled application form, such as Form 31, Form 31 A, or Form 36

Documents Required for Cosmetic Import Registration

To apply for import approval under the Cosmetic License Registration, businesses must include these documents:

• Covering letter issued by the importer
• Original power of attorney establishing the relationship between the importer and the manufacturer
• Certificate of free sale, manufacturing license, or marketing authorization
• Copy of the product label
• Downloaded PDF of the filled Form 42
• Schedule D III signed by the manufacturer or authorized agent
• Product specifications and testing protocols
• No objection certificate from the pollution control board
• Layout plan of the business premises
• Rental agreement in case the premises are rented
• List of laboratory equipment
• List of manufacturing machines, if applicable

7. Penalties for Non-Compliance Under the Drugs and Cosmetics Act, 1940

Legal action may be taken against companies or organizations that violate the Drug and Cosmetics Act of 1940. The authorities may impose penalties on a manufacturer, importer, or seller who violates the Act’s restrictions. Following a first conviction, the legislation stipulates that a person may be fined, imprisoned for up to a year, or both. There may be an increase in the duration of imprisonment in some cases. For a second offence, the penalty will be more severe. In such cases, the imprisonment may be extended to two years, and the amount of the fine may also be increased. These punishments are there to show the importance of complying with the law. These rules clearly stipulate that any kind of tampering with cosmetic products in India can land you in legal trouble.

8. Conclusion

A cosmetic license in India is required for every business that intends to manufacture or import cosmetic items. The registration process must adhere to the instructions provided. Ensure that the paperwork is correct and properly filed online. Minor mistakes can result in the application being extended or denied. Understanding the requirements and how to get things certified enables firms to be safer later. Expert guidance can thus be extremely beneficial during this procedure. It guarantees that all requirements are correctly satisfied and that the deadline is met. LegalRaasta provides full support for the Cosmetic License registration online. We assist businesses in staying compliant, thereby saving them time and effort in the registration process.

9. FAQs

How to obtain a Cosmetic License in India?

The Cosmetic License is acquired in India through an application made in the SUGAM portal. Then, you will be required to submit the corresponding forms and documents. Being sure that you are not out of the regulations is also helpful. The licensing authority is the authority that examines the application and thereafter approves it.

How to register a cosmetic product in India?

Firstly, the registration of any cosmetic product in India is effected through obtaining a Cosmetic License Rules in India through the portal of SUGAM. The manufacturers (and the importers) have to submit the product and label details and other supporting documents that should be approved.

Is FSSAI required for cosmetic products in India?

No, FSSAI registration is not needed with Cosmetics. The Drugs and Cosmetics Act controls the use of cosmetic products. As such, Indian firms are required to obtain a Cosmetic License rather than a food safety registration.

Who needs a Cosmetic License in India?

Any producer, importer, brand holder, or seller of cosmetic products must obtain a Cosmetic license in India. This is necessary prior to being able to sell their products in the Indian market.

What is the validity of a Cosmetic License in India?

The manufacturing Cosmetic License in India has a duration of five years. The period of registration of imports is three years. Before expiry, renewal should be done to prevent punishment.

How long does it take to get a Cosmetic License in India?

The time taken to obtain a Cosmetic License in India is different every time. It largely relies on the correctness of documents and the speed of processing them by the authority. When all is well, then the approval might take approximately a few weeks.

What are the common mistakes to avoid during Cosmetic License registration?

Some of the errors made are supplying wrong information in the product label, failure to produce the documents required, choosing the wrong form, and the information on the premises not corresponding with that of the premises. By not committing such errors, you help in having a hassle-free approval of a Cosmetic License in India.

Can one Cosmetic License cover multiple products?

Indeed, the Cosmetic License in India permits registration of all sorts of products in specified categories. However, it should be within regulatory boundaries and should be accompanied by appropriate paperwork for every piece.

What is the difference between a Cosmetic License and a Drug License?

You require the Cosmetic License rules of India on personal care products. Medical products require a drug license. They have varying regulatory requirements and approvals.

Is a Cosmetic License mandatory for online cosmetic sellers?

Yes, online sellers must possess a valid Cosmetic License Rules in India for the products they sell. The same applies to the manufacturers, importers, and brand owners.