CHINA Law and Practice Contributed by: Yue Dai, Zhenghao Li and Xiaokun Yuan, King & Wood Mallesons
1. Product Safety 1.1 Product Safety Legal Framework “Products” in the context of Chinese law refer to goods that have been processed or manufac - tured for sale. In China, a combination of laws, regulations and rules issued by the legislative and administrative agencies, as well as interpre - tations issued by the judicial organs, together form a complicated legal framework regulating product safety. The key legal instruments gov - erning product safety include the following. 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, effective as of 1 Septem - ber 1993, amended on 29 December 2018; and • the Law of the People’s Republic of China on the Protection of Consumer Rights and Inter - ests, effective as of 1 January 1994, amended 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 (effective as of 1 June 2009, amend - ed on 29 April 2021); • the Law of the People’s Republic of China on the Quality and Safety of Agricultural Products (effective as of 1 November 2006, amended on 2 September 2022); on 25 October 2013. Sector-Specific Laws
• the Pharmaceutical Administration Law of the People’s Republic of China (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 Admin - istration 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 Administrative 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 Consumer Product Recalls (effective as of 1 January 2020); and • the Administrative Measures for Medical Device Recalls (effective as of 1 May 2017). Product Standardisation According to the Standardisation Law of the People’s Republic of China (effective as of 1 April 1989, amended on 4 November 2017), the National Standardisation Administration is responsible for administering the standardisation
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