CHINA Law and Practice Contributed by: Yue Dai, Zhenghao Li and Xiaokun Yuan, King & Wood
King & Wood 18th Floor, East Tower, World Financial Center No 1 Dongsanhuan Zhonglu Chaoyang District Beijing 100020 PRC Tel: +86 10 5878 5588 Fax: +86 10 5878 5566 Email: daiyue@cn.kingandwood.com Web: www.kingandwood.com/cn/en/home
1. Product Safety 1.1 Product Safety Legal Framework
• the Law of the People’s Republic of China on the Quality and Safety of Agricultural Products (effec - tive as of 1 November 2006, amended on 2 Sep - tember 2022); • the Pharmaceutical Administration Law of the People’s Republic of China (the “Pharmaceutical Safety Law”) (effective as of 1 July 1985, amended on 26 August 2019); • the Law of the People’s Republic of China on Import and Export Commodity Inspection (effective as of 1 August 1989, amended on 29 April 2021); • the Administrative Regulations on the Recall of Defective Automotive Products (effective as of 1 January 2013, amended on 2 March 2019); • the Regulation on the Supervision and Adminis - tration of Medical Devices (effective as of 1 April 2000, amended on 6 December 2024); • the Implementing Regulation for the Food Safety Law of the People’s Republic of China (effective as of 20 July 2009, amended on 11 October 2019); • the Interim Measures for the Supervision and Administration of the Quality and Safety of Food- Related Products (effective as of 1 March 2023); • the Measures for the Implementation of the Admin - istrative Regulations on the Recall of Defective Automotive Products (effective as of 1 January 2016, amended on 23 October 2020); • the Provisions on Administration of Motor Vehicle Emission Recalls (effective as of 1 July 2021); • the Interim Provisions on Administration of Con - sumer Product Recalls (effective as of 1 January 2020); and • the Administrative Measures for Medical Device Recalls (effective as of 1 May 2017).
“Products” in the context of Chinese law refer to goods that have been processed or manufactured for sale. In China, a combination of laws, regulations and rules issued by the legislative and administrative agencies, as well as interpretations issued by the judicial organs, together form a complicated legal framework regulat - ing product safety. The key legal instruments govern - ing product safety are set out below. General Laws General legislation governing product safety includes: • the Civil Code of the People’s Republic of China (the “Civil Code”), effective as of 1 January 2021; • the Product Quality Law of the People’s Republic of China (the “Product Quality Law”), effective as of 1 September 1993, amended on 29 December 2018; and • the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests (PCRI), effective as of 1 January 1994, amended on 25 October 2013. Sector-Specific Laws A number of laws and regulations regulate the safety and quality of specific products. These sector-specific instruments include: • the Food Safety Law of the People’s Republic of China (the “Food Safety Law”) (effective as of 1 June 2009, amended on 12 September 2025);
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