CHINA Law and Practice Contributed by: Yue Dai, Zhenghao Li and Xiaokun Yuan, King & Wood Mallesons
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, medical devices and cosmetics sector. 1.3 Obligations to Commence Corrective Action Under Chinese law, if a product is found to be defective after it is put into circulation, the man - ufacturer 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 manufacturing, sale or importation of the prod - ucts. 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 stated in specific product recall regulations. For example, under the Administrative Regulations on the Recall of Defective Automotive Products, the manufacturer of defective automotive prod - ucts is required to notify automobile owners of the defect in its automobile product and the
of products. To date, the National Standardisa - tion Administration has released many national standards providing detailed guidelines on the safety assurance of specific products. Standards in China can be either mandatory or recommended. Standards beginning with “GB” contain mandatory requirements; eg, the Hygienic Standard for Dried Fruits (GB 16325- 2005) and the Stipulation Protecting Drivers From Injury by Motor Vehicle Steering Mecha - nism (GB 11557-2011). The standards beginning with “GB/T” are recommended; eg, the Educa - tion Robot Safety Requirements (GB/T 33265- 2016) 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 framework in China, administrative authorities exercise two types of regulatory powers: gen - eral 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 import - ed into China. In addition, market supervision authorities are also responsible for the pun - ishment of illegal activities related to product quality. The National Standardisation Adminis - tration, as a branch of the SAMR, organises, co- ordinates and supervises the implementation of standards, including standards on product qual - ity and safety.
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