CHINA NEW CHEMICAL SUBSTANCE REGULATORY UPDATE
China's Ministry of Ecology and Environment (MEE) has issued Order No. 40, the Measures for the Environmental Management of New Chemical Substances (unofficial English translation). The Order excludes cosmetics as finished products from its scope, while new chemical substances used as cosmetic raw materials or intermediates remain subject to registration requirements.
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Scope under Order No. 40
MEE posted the Order on 26 October 2026. The Order is dated 24 October, took effect from the date of promulgation, and repealed MEE Order No. 12. See the official text of MEE Order No. 40.
Article 2 excludes cosmetics and certain other product categories from the Measures. The exclusion does not cover new chemical substances used as raw materials or intermediates for those products. It also does not apply when an exempt product is changed to another industrial use. The regulatory distinction is between the finished cosmetic product and a new chemical substance produced or imported separately as an ingredient.
The final text retains the finished-cosmetics exclusion after the June 2026 consultation draft raised the possibility of a different scope. MEE's consultation draft provides the primary-source context for that proposed change.
Registration scenarios for cosmetic products and raw materials
Under Order No. 40, producers and importers must obtain the required registration before producing or importing a new chemical substance. The table below summarizes how that requirement applies to common cosmetic supply-chain scenarios.
| Business scenario | Registration treatment | Responsible entity |
|---|---|---|
| Imported finished cosmetics containing a new chemical substance | The finished cosmetic product is outside the Measures' scope. | No new chemical substance registration for the finished cosmetic product under these Measures. |
| A new chemical substance imported separately as a cosmetic raw material | Registration is required before import. | The entity importing the substance. |
| A new chemical substance produced in China as a cosmetic raw material | Registration is required before production. | The entity producing the substance. |
| Cosmetics manufactured in China using an imported new chemical substance as a raw material | Registration is required before the substance is imported. | The entity importing the substance. |
A substance is considered new if it is not listed in China's Inventory of Existing Chemical Substances (IECSC). Certain IECSC-listed substances subject to new-use environmental management may also require registration when used outside their permitted purposes.
What cosmetic companies should check
Cosmetic brands, manufacturers, raw-material suppliers and importers should distinguish finished-product shipments from separate raw-material imports. For each relevant ingredient, they should confirm its identity and IECSC status, identify which entity manufactures or imports the substance, and verify whether the required registration has been obtained before the relevant activity.
The Order also requires producers and importers of new chemical substances to pass specified registration and risk-control information to downstream users. Cosmetic manufacturers should confirm what information suppliers must provide and retain records that support the substance's regulatory status.
The exclusion concerns environmental management registration under Order No. 40. It does not determine whether a finished cosmetic or ingredient meets other applicable Chinese cosmetics requirements.
