Trade Association asks FDA to Address US Agent Issues with Cosmetics Registration

On July 1st, 2024, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) will go into effect. This represents a significant expansion of FDA’s authority to regulate cosmetics to help ensure the safety of cosmetic products.

Since the legislation, The FDA opened the Cosmetics Facility Registration site to allow companies to register prior to the deadline. There are tutorials and webinar links on the registration site to assist in the process. They have also provided an update with new tools and forms for registration.

The FDA has since issued a “Draft Guidance on the registration and listing of cosmetic product facilities and products.” However, the NCBFAA (National Customs Broker and Freight Forwarder Association of America) has asked the FDA to address a few issues with the guidance.

First, the NCBFAA requested that the registration system should allow agents, customs brokers and importers to have visibility to the facilities that they have been designated as agents. Second, the roles of “registration agent” and “responsible party” should be specifically delineated. The other concerns are regarding the data set required for transmission of the information will need to be defined as programing and preparation from the trade will take a minimum of 90 days.