Rule 3(d) of the Cosmetics Rules, 2020 requires every COS-1 applicant to appoint an Authorised Agent — a person in India fully responsible for the manufacturer's regulatory compliance. We act as Authorised Agent for foreign manufacturers across all product categories.
Every non-SAARC manufacturer seeking a COS-1 registration in India must appoint an Authorised Agent. Rule 3(d) of the Cosmetics Rules, 2020 defines this role without ambiguity: "Authorised agent means a person in India authorised by the manufacturer. The authorised agent shall be responsible for the business activities of the manufacturer in India including compliance to the provisions of the Act and rules made thereunder." The explanation to Rule 3(d) extends the definition of "person" to include a company, unit, body corporate, or any other establishment.
This is not an optional appointment. Rule 12(2) requires the COS-1 application to be filed by the authorised agent on behalf of the foreign manufacturer. The agent is not a filing intermediary — Rule 3(d) places the full burden of Indian regulatory compliance on the agent for the duration of the registration.
The two roles are legally distinct and cannot be conflated.
The Authorised Agent acts as the manufacturer's representative in India. The agent does not hold import rights. The function is to obtain and maintain registration, ensure compliance, and represent the manufacturer before CDSCO. The registration certificate (COS-2) is issued in the manufacturer's name, with the agent as the designated representative.
The Indian Importer operates under Form COS-4, governed by Rule 17. The importer uses an existing COS-2 registration to import and sell the product. COS-4 activity requires the manufacturer's COS-2 registration to already exist.
A single entity can serve as both Authorised Agent and Indian Importer. The roles carry separate regulatory obligations and are governed by separate rules.
Rule 3(d) assigns ongoing compliance responsibility to the agent — not shared with the manufacturer as a co-obligation, but placed on the agent as CDSCO's primary point of contact in India.
The First Schedule (the mandatory authorisation template) makes one obligation explicit above all others. Clause 6 states that the agent remains responsible for violations even after withdrawal of the Power of Attorney for cosmetics already imported into India. When an agent relationship ends, liability for products already in the Indian supply chain does not transfer. The agent who held the registration at the time of import remains accountable.
Specific obligations under the Rules:
- Ensuring all business activities of the manufacturer in India comply with the Drugs and Cosmetics Act, 1940 and the Cosmetics Rules, 2020
- Responding to CDSCO administrative actions including market withdrawals and not-of-standard-quality reports
- Submitting annual import reports via SUGAM (CDSCO circular, February 2024)
- Maintaining compliance with all conditions of the Registration Certificate under Rule 16
Rule 3(d) sets a broad definition: any person in India, where person includes a company, unit, body corporate, or any other establishment. The agent must be India-based — a foreign entity cannot fulfil this role.
The SUGAM portal imposes two additional requirements not stated in the main body of the Rules: a valid GSTIN and an Import Export Code (IEC). Both are mandatory fields during COS-1 filing on the portal. An entity without GST registration or an IEC cannot complete the SUGAM application.
The Letter of Authorization (LOA) is prescribed under Rule 12(3). The template is set out in the First Schedule. CDSCO will not process a COS-1 application without a compliant LOA.
Mandatory fields in the First Schedule LOA:
- Full names and addresses of both the manufacturer and the authorised agent
- Product details: product name, brand, variant, and pack size for all cosmetics proposed for import
- Manufacturing premises address
- Declaration that the agent acts as the official representative for obtaining registration and submitting documents to CDSCO
- Compliance undertaking: manufacturer's commitment to comply with registration conditions and permit the Central Licensing Authority (CLA) to inspect manufacturing premises and collect samples
- Extended responsibility clause: agent remains responsible for violations even after withdrawal of the Power of Attorney
Authentication requirements:
The LOA must be authenticated by one of the following:
- A First Class Magistrate in India
- The Indian Embassy in the country of origin
- Apostille (for countries party to the Hague Apostille Convention)
General notarization without apostille is insufficient for Hague Convention countries. CDSCO verifies LOA authenticity, completeness, and signatory authority before accepting a COS-1 application. Applications with unauthenticated or mismatched LOAs are rejected at intake.
A fresh LOA is required whenever the agent changes or the product scope changes materially.
There is no separate Authorised Agent registration that precedes the COS-1 application. The agent is identified and authorised as part of the COS-1 process by submitting the First Schedule and Second Schedule simultaneously with the application. Rule 12 governs the application; Rule 13 governs the grant.
1. Create an account on the SUGAM portal (cdscoonline.gov.in) under the Indian Agent role. Verify email.
2. Submit pre-registration documents for portal approval: identity and address proof, corporate registration documents, GSTIN, IEC, and the LOA from the manufacturer.
3. On approval of credentials, log in and select the Cosmetics division.
4. Complete Form COS-1 online. Attach the authenticated First Schedule LOA, Second Schedule Part I, and all product documentation.
5. Pay the applicable fee per the Third Schedule.
6. Respond to any CDSCO queries raised during review.
7. COS-2 registration certificate issued within 6 months of complete receipt, per Rule 13.
August 2024 circular (F. No. COS-1018(11)/5/2024): CDSCO restricted COS-1 applications to a maximum of 50 products per application. Applications exceeding this limit are returned without processing.
Form COS-1 specifies that the information and undertaking in Part I of the Second Schedule must be duly signed by the manufacturer. The Second Schedule Part I template provides a signature space for the manufacturer or the authorised agent. Where the agent files on behalf of the manufacturer, the agent signs Form COS-1 and the associated undertakings.
Item | Fee
Grant of Registration Certificate | Rs. 1,000 / USD 100 per category (up to 10 items)
Additional variants | USD 50 per variant
Manufacturing site | USD 500 per site
Duplicate certificate | Rs. 500 / USD 50
Retention (every 5 years) | Same as grant fee
Late retention | 2% per month, up to 180 days
No separate fee applies for the Authorised Agent appointment. LOA-related costs are embedded within the COS-1 registration fee under the Third Schedule.
Processing time: Rule 13 provides 6 months from complete receipt for CDSCO to grant the certificate. Incomplete applications trigger a stop-clock notice; the timeline restarts from the date of complete resubmission.
Post-approval agent change:
A change of Authorised Agent after COS-2 has been granted is treated as a change in constitution under Rule 15(1). A fresh COS-1 application must be filed within 180 days of the change. The existing registration remains valid until the new application is granted or rejected.
CDSCO FAQs also permit a change of Indian Agent without a constitution change to be processed as an amendment through the SUGAM portal. A fresh First Schedule LOA from the manufacturer appointing the new agent is mandatory in either case.
Mid-registration agent change:
A change during an active COS-1 application requires a fresh application with updated documentation. The original application cannot be amended to substitute the agent.
Name or address changes:
Rule 15(3) covers amendments for changes in the agent's name or address. These are processed as amendments on the SUGAM portal and do not require a full re-application.
Rule 16 governs suspension and cancellation of the Registration Certificate. CDSCO may suspend or cancel a certificate where the manufacturer or the authorised agent fails to comply with any condition of the Registration Certificate.
Before issuing a suspension or cancellation order, the Central Licensing Authority must give the party an opportunity to show cause. The order is issued in writing and specifies the period of suspension or the basis for cancellation.
A suspended or cancelled registration renders import activity under that certificate non-compliant with Rule 12. Per Clause 6 of the First Schedule, the agent's liability for cosmetics already imported under the certificate continues after cancellation.
Cosmetics Consultants India acts as Authorised Agent for foreign manufacturers across all product categories under the Cosmetics Rules, 2020. For LOA preparation, SUGAM filing, and end-to-end COS-1 management, contact us directly.
COS-1 is the mandatory import Registration Certificate for all cosmetics from non-SAARC countries under Rule 12(1) of the Cosmetics Rules 2020. We manage the full application — Second Schedule, Letter of Authorization, fee calculation, and SUGAM portal filing.
Learn more →Complete fee schedule and processing timeline for COS-1 and COS-2 import registration under the Cosmetics Rules 2020. Covers category, site, and variant fees; Rule 14 retention obligations; Rule 15 amendment fees; and statutory timeline mechanics.
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