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Cambodia’s cosmetic trade regulations
Cosmetic products are widely used around the world by all socio-economic groups and are growing steadily in developing markets such as South East Asia. Countries like Cambodia are a real gem for international brands, as the consumer base has not yet reached its full potential and is only expected to grow.
As the country’s market is not mature, consumer awareness remains a challenge for the government to ensure safety throughout the supply chain. To this end, the Royal Government has issued Prakas No. 0064 on Cosmetics Distribution Requirements, which applies to both locally manufactured and imported cosmetics, as well as to persons and companies dealing in cosmetics.
Legal obligations businesses dealing in cosmetics
Under the new Prakas, anyone selling cosmetics, whether wholesale or retail, as well as those offering cosmetics as gifts or for testing, must ensure that their products are safe and meet legal labelling requirements. As far as legal obligations are concerned, they must also comply with the Consumer Protection Act, with the Prakas outlining the main aspects of the law and mentioning the applicable sanctions.
In addition, online cosmetics sellers must obtain an additional approval letter (for natural persons) or a licence (for legal persons) to operate an online business from the Ministry of Commerce (MOC). Furthermore, they must obtain an online service provision certificate from the Ministry of Posts and Telecommunications (MPTC).
Labelling requirements for cosmetic products
The Prakas reiterates that cosmetics sold on the Cambodian market must have a product registration number issued by the Ministry of Health which must be displayed on the label.
The Prakas further stresses that all cosmetics marketed in Cambodia must comply with existing regulations on product labelling, including “the information standard” provided by the Prakas. The information that must be included on the label or at least on the packaging – is listed in the Prakas as follows:
- name of product;
- function of product;
- instructions for usage;
- ingredients or components;
- country of origin;
- quantity;
- batch number;
- manufacture date;
- expiration date (if the product will expire within 30 months);
- name and address of the company or person responsible for distribution in Cambodia; and
- a warning message related to the product, if necessary.
In short, the Prakas recalled that the label must accurately describe the product and must not be misleading or deceptive to consumers.
While it was not specifically outlined by the Prakas, it is still important to note that the elements of the information standard must be provided in Khmer, as required by the Consumer Protection Law.
Obligations after compliance
Once companies comply with the above information, as well as with the product they market, certain control obligations also apply to them. Indeed, the Prakas specifies that operators in this sector must keep appropriate product records, including the origin, quality and quantity of products, as well as information to facilitate the tracing of products. These records must be easily accessible for verification by the competent authorities upon request.
If professionals become aware that their cosmetic products are of inferior quality, unsafe or do not comply with the information standards, they should initiate a recall, in cooperation with the Directorate General for Competition, Consumer Protection and Fraud Control (CCF).
The CCF can take action against traders who violate the Prakas and the Consumer Protection Act, and has the power to inspect and investigate suspected non-compliance.
How can our experts help?
Compliance in regulated industries such as cosmetics can sometimes be a real challenge for foreign companies who need to put in place strict internal policies and careful monitoring to ensure consumer protection. Our experts at Belaws have the knowledge and expertise to ensure that your products can be safely distributed in the Cambodian market.
To find out more about how our experts can help you, why not book a consultation with one of our experts.
Please note that this article is for information purposes only and does not constitute legal advice.
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