CHINA Law and Practice Contributed by: Yue Dai, Zhenghao Li and Xiaokun Yuan, King & Wood
1.3 Obligations to Commence Corrective Action Under Chinese law, if a product is found to be defec - tive after it is put into circulation, the manufacturer and the seller must promptly adopt remedial measures or commence corrective actions. Common remedies required by law include suspending sales, providing warnings, and implementing defective product recalls. Suspending Sales When a manufacturer or seller identifies defects in its products, it is required by law to suspend manufactur - ing, sale or importation of the products. Providing Warnings A warning refers to a reminder of the relevant dangers associated with the product, or an explanation of how to correctly use the product to avoid these dangers. It is important to direct users’ attention to existing or potential dangers so as to prevent or reduce harm. Requirements to provide warnings are generally stat - ed in specific product recall regulations. For example, under the Administrative Regulations on the Recall of Defective Automotive Products, the manufacturer of defective automotive products is required to notify automobile owners of the defect in its automobile product and the emergency steps to take to avoid damage or harm. Implementing Product Recalls A manufacturer is required to conduct a recall when it is informed, by way of self-check, reports or com - plaints by the general public, or notification from a regulatory department, that the products it produces or sells are defective. Where the manufacturer fails to conduct a recall, or the relevant quality inspection departments deem it necessary, the regulatory author - ities may order a product recall to be conducted. Detailed procedures and requirements for conducting product recalls are usually found in the regulations for specific products as discussed below. Recall of consumer products The Interim Provisions on the Administration of Con - sumer Product Recalls regulate the recall of consumer products. Under the regulations, recall is necessary when defects that could cause unreasonable dan -
Product Standardisation According to the Standardisation Law of the People’s Republic of China (effective as of 1 April 1989, amend - ed on 4 November 2017), the National Standardisa - tion Administration is responsible for administering the standardisation of products. To date, the National Standardisation Administration has released many national standards providing detailed guidelines on the safety assurance of specific products. Standards in China can be either mandatory or rec - ommended. Standards beginning with “GB” contain mandatory requirements – eg, the Hygienic Standard for Dried Fruits (GB 16325-2005) and the Stipula - tion Protecting Drivers From Injury by Motor Vehicle Steering Mechanism (GB 11557-2011). The standards beginning with “GB/T” are recommended – eg, the Educational Robots—Safety Requirements and Test - ing Methods (GB/T 33265-2025) and the Description Specification on the Risk Information of Consumer Products Safety (GB/T 30135-2013). 1.2 Regulatory Authorities for Product Safety Under the current product quality regulatory frame - work in China, administrative authorities exercise two types of regulatory powers: general and specific. General Regulatory Authority The State Administration for Market Regulation (SAMR) and local market supervision authorities are responsible for supervising and regulating product quality and safety, covering products manufactured in China and products imported into China. In addition, market supervision authorities are also responsible for the punishment of illegal activities related to product quality. The National Standardisation Administration, as a branch of the SAMR, organises, co-ordinates and supervises the implementation of standards, including standards on product quality and safety. Regulatory Authority for Specific Products Other than the general regulatory authority described above, specific regulators also have the power to supervise product safety in the relevant industrial sectors. For example, the National Medical Products Administration is in charge of the supervision and administration of product safety in the drugs, medi - cal devices and cosmetics sector.
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