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HHS/FDA RIN: 0910-AJ00 Publication ID: Fall 2024 
Title: ●Good Manufacturing Practice for Cosmetic Product Facilities 
Abstract:

The proposed rule, if finalized, would establish good manufacturing practices for cosmetic product facilities to help ensure the safety of cosmetic products.

 
Agency: Department of Health and Human Services(HHS)  Priority: Section 3(f)(1) Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 21 CFR 711   
Legal Authority: 21 U.S.C. 361    21 U.S.C. 364b    21 U.S.C. 364h-i    21 U.S.C. 371   
Legal Deadline:
Action Source Description Date
NPRM  Statutory    12/29/2024 

Statement of Need:

This proposed rule, if finalized, would establish good manufacturing practices for cosmetic product facilities to help ensure the safety of cosmetic products by minimizing or preventing the distribution of cosmetic products that are unsafe due to contamination, mixups, deterioration, and adulteration during manufacturing or processing of the cosmetic product. The proposed requirements establish the key elements for governance and maintenance of control over the manufacturing and processing of a cosmetic product to help ensure that the public health is protected and that cosmetic products are not adulterated.

Cosmetic products and ingredients are not subject to FDA premarket approval, with the exception of certain color additives. Companies and individuals who manufacture or market cosmetics are responsible for ensuring that their products are safe and properly labeled. Cosmetic products that are contaminated, do not conform to a manufacturer’s established specifications, or have incorrect packaging, labeling, or labels, could be unsafe for consumers. Contamination, a common reason for cosmetic product recalls, can be introduced during manufacturing or processing of a cosmetic product and render cosmetic products injurious to health.

Summary of the Legal Basis:

FDA is issuing this rule under section 606 of the FD&C Act (21 U.S.C. 364b), which authorizes the establishment by regulation of good manufacturing practices for facilities. The legal authority for this rule also rests on section 601 of the FD&C Act (21 U.S.C. 361) regarding adulterated cosmetics and 701(a) of the FD&C Act (21 U.S.C. 371(a)), which authorizes the promulgation of regulations for the efficient enforcement of the FD&C Act. In addition, authority for certain aspects of this rule may be found in sections 612 and 613 of the FD&C Act (21 U.S.C. 364h and 364i).

Alternatives:

FDA will consider different options so that we minimize costs to industry; for example, delaying compliance for some affected entities.

Anticipated Costs and Benefits:

The proposed rule is expected to generate compliance costs on affected entities, such as one-time costs to read and understand the rule and costs to alter manufacturing or processing practices. Estimated benefits TBD.

Risks:

None.

 

Timetable:
Action Date FR Cite
NPRM  10/00/2025 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Iris Chen
Regulatory Counsel
Department of Health and Human Services
Food and Drug Administration
Office of the Chief Scientist, 10903 New Hampshire Avenue,
Silver Spring, MD 20993
Phone:240 402-3613
Email: questionsaboutmocra@fda.hhs.gov