Changes regarding requirements for procedures (NSO) for imported cosmetics

The health regulation procedures for human use products monitored and surveilled by Colombia’s Health Enforcement Agency INVIMA have 2 types of documentary requirements: Legal and Technical.

The technical documentation refers to those documents that describe the product, its ingredients, the way in which it is manufactured, in what it is packaged, among others. It is usually issued directly by the manufacturer.

The purpose of the legal documentation is to produce evidence related to the authorizations, certifications, controls and surveillance of which the product is subject by the health authorities of the country of origin.

These documents issued by official authorities of other countries must meet formal requirements in terms of authentication and legalization via consulate or Apostille. Obtaining this kind of documents often generates delays for the industry, as this causes delays and difficulties to fling the application.

Firstly, because the health authorities may take some time to issue this type of document and secondly because the legalization process, whether consular or more common via Apostille, may be delayed in some cases.

For example, legalization via Apostille in the United States of America is done in the capitals of each State, and it is a process that may take a few days to obtain. In other countries, the body in charge of issuing the Free Sale certificate could be located in another city, so obtaining it could also be complex.

For documental requirements for cosmetics products, notification -NSO-, the only "legal" document that had to be presented so far was the Free Sale Certificate.

With the recent modification of the applicable regulation (Decision 516 updated by the new Decision 833), it was established that the submission of the Free Sale Certificate for NSO procedures would no longer be required.

This is excellent news for our clients given that the documentary requirements for this type of procedures are now simpler and their operations may become a little less difficult.  

Authors

Karl Mutter
Karl Mutter, LL.M.
Partner
Bogotá