Cosmetics Regulations & Registration Process In Australia

Cosmetic products in Australia serves as one of the major parts of its economy. If you intend to import, manufacture, or sell online your cosmetic products, understanding the regulatory requirements of Australia is crucial. The regulatory process in Australia for cosmetics is regulated by ICIS (Australian Industrial Chemicals Introduction Scheme), the Therapeutic Goods Administration (TGA), and ACCC (Australian Competition & Consumer Commission).

This blog gives a brief description of all the regulatory requirements that are liable for cosmetics sales in Australia.

Cosmetic Regulations in Australia By Regulatory Authorities

In Australia, beauty products are legally classified as either cosmetics or therapeutic goods. These cosmetic products are not liable to any registration or approval license for their sale. However, there are certain legal requirements by the Australian authorities, let us understand about Australia cosmetic regulations explained below:

AICIS (Australian Industrial Chemicals Introduction Scheme):

• Previously AICIS was known as the NICNAS till 2020 after which it came to be known as AICIS (Australian Industrial Chemicals Introduction Scheme).
• All industrial chemicals used in cosmetics must comply with Australia AICIS registration requirements before being introduced into the market.
• AICIS is responsible for confirming the safety of the ingredients in cosmetics.
• However, each cosmetic product registration in Australia is not required with the AICIS, you just need to register your business.

ACCC (Australian Competition & Consumer Commission):

• ACCC is responsible for overlooking the claims, advertising, and safety of cosmetics in the Australian market.
• If ACCC finds any issue with false claims of safety issues for cosmetic products, it recalls the cosmetic product.

TGA (Therapeutic Goods Administration):

• Cosmetics products having therapeutics such as sunscreens and acne creams are liable to the cosmetic regulations of TGA.
• Thus, TGA ensures the safety and efficacy of these therapeutic ingredients.
• All the therapeutic ingredients used in cosmetics should be registered in the ARTG.
• If a non-registered therapeutic is used in the cosmetic product, it should be first approved by the TGA.

Australian Customs and Border Protection Service:

• It ensures that the imported cosmetic products in Australia follow the legal requirements of the TGA and AICIS.

State and Territory Health Departments:

• It is responsible for handling the complaints and carrying out inspections of the cosmetics products in the market.

Factors determining the applicable regulations for cosmetics in Australia

The agency responsible for regulating a particular product depends on several factors:

• Primary use: Where and how the product is applied (e.g., skin, hair, nails).
• Ingredients: Whether the ingredients are classified as therapeutic or purely cosmetic.
• Claims: Any claims made about the product’s effects on health or beauty.

Cosmetic Products Registration In Australia:

The process of cosmetic product registration in Australia begins with planning your business structure and infrastructure, then registering your business with AICIS, and moving forward for manufacturing of your cosmetic products, while manufacturing you should take care that the manufacturing steps should be following the AICIS and other regulatory authorities.

Then once your product is manufactured before adding any claims to the label, check if it has therapeutic ingredients, then only you are allowed to make any claim with supporting scientific evidence.

After all these steps your cosmetic product is ready to be sold in the Australian market.

You can also get your product insurance to protect it and to increase the value of your product you can add a trademark for your product.

Cosmetics Labeling Requirements In Australia

For a cosmetic product, it is mandatory to make an authentic label that provides correct information and true claims. To meet cosmetics compliance in Australia, there are some regulations that the cosmetics should follow while preparing the label, they are as follows:

• The ingredient labeling for cosmetic products should comply with the ACCC standards for ingredient listing. This act ensures transparency among the consumers about the ingredients.
• The cosmetics should follow the poison standards, where the manufacturers should consult their local health departments for all the requirements of cosmetics. The Poisons Standards is also known as Uniform Scheduling of Medicines and Poisons (SUSMP).
• All cosmetic products should comply with the Australian safety standards set by the ACCC.
• Cosmetic products with therapeutic ingredients should follow more detailed requirements for their labels set by the Therapeutic Goods Administration (TGA).

Ingredients Listing Guidelines:

• Based on the mass or volume ingredients must be written in descending order.
• Ingredients of concentration less than 1% can be written in any order.
• Color additives can also be written in any order.
• The ingredients in cosmetics don’t have to mention their quantity, except for alcohol concentrations in sanitizers.

Ingredients Allowed In Cosmetics In Australia:

The cosmetic ingredients mentioned in the AICIS inventory are allowed to be used in cosmetic manufacturing, however for new ingredients approval is required before their use.

Some of the allowed and prohibited ingredients list are mentioned below:

To know more about the cosmetic ingredient regulations in Australia, you can go through the NISIM inventory.

Cosmetic Product Testing In Australia:

Cosmetic testing is not mandatory according to the Australian authorities, but it is highly recommended to develop a relationship of trust between the seller and the consumer and to ensure cosmetic safety and efficacy.

Some of the cosmetic tests are as follows:

• Stability testing: A stability test is performed to check the shelf life of the product and product changes over time.
• Patch test: Patch test is done to check the suitability of the cosmetic product on human skin.
• pH testing: The pH test is conducted to check whether the cosmetic pH is safe for human skin.
• Preservative Efficacy Test (PET): This test confirms preservative efficacy.
• Microbiological testing: This is conducted to confirm that the cosmetic is free from microbes.

Legal And Illegal Claims For Cosmetic Products:

Making legal claims that are true with scientific evidence is important, however therapeutic claims are recommended only for therapeutic ingredient cosmetics.

Some of the general legal and illegal cosmetic claims are mentioned below:

Importing Cosmetics Products In Australia:

For importing a cosmetic it is mandatory to ensure that the cosmetic complies with the regulatory requirements.

Below are some of the checklist points mentioned that the importer should go through before selling its imported cosmetic product in Australia:

• Is the business registered with AICIS?
• Are all the cosmetic ingredients mentioned in the AICIS inventory?
• Does the label have any therapeutic claim?
• Are all the ingredients mentioned in descending order on the label?
• Is the alcohol concentration mentioned on the label for sanitizers?
• Confirmed that the product is cruelty-free?
• Is the import declaration submitted to the Australian Border Force (ABF)?

Conclusion:

Australian cosmetic regulations involve the role of many regulatory authorities such as AICIS, ACCC, ABF, TGA, etc. Cosmetic products are not required to get registered with the authorities, only the cosmetic business should be registered. Once the business is registered with the AICIS, it’s the responsibility of the manufacturer to comply with the regulatory guidelines throughout the manufacturing process of the cosmetic.

If you need any assistance, throughout the regulatory journey of your cosmetic product in Australia, our Artixio team with its core experts is there to ease your process by overcoming all the hurdles and help you successfully launch your cosmetic product in the Australian market.

FAQs

Do allergens need to be mentioned on the cosmetic label?

Yes, if allergens are incorporated in cosmetics, they should be mentioned on its label. Examples of allergens include benzyl alcohol, linalool, etc.

For how much time should the records of cosmetics be maintained?

All the records of cosmetics including the imports, ingredients list, etc. should be maintained for 5 years according to the AICIS.

How much should be the shelf life of cosmetics in Australia?

The shelf life of cosmetics products in Australia should be less than 30 months according to the AICIS.

Can SPF claims be made on cosmetics?

No, SPF claims cannot be made unless approved by the TGA as SPF claims fall under the therapeutic goods category. Once approved by the TGA and after performing clinical tests on the product, SPF claims can be made accordingly.