Draft Law of Administrative Rules on Defective Products Recall System
On April 8 2009, the Legislative Affairs Office of the State Council of People's
Republic of China published draft document of Administrative Rules on Defective
Products Recall System (click here for details) or soliciting public opinions.
The draft Law applies to any marketed products in P.R. China except medicine
and military products.
Defective products are the products that are harmful to people's health and
safety as a result of improper designs, manufacture processes or indications.
The producers, importers and agents should immediately cease production and
sales of defective products and recall these products upon confirmation of defects.
The draft Law requires that in order to prevent, control and eliminate the harms
resulted from the defects, producers, importers and agents of products marketed
in China have the responsibilities to:
1. Notify the public, complement or correct instructions for use of products;
2. Notify the sellers and service operator to stop to sale, use, lease and other
business activities of defective products;
3. Withdraw, return, replace, repair and destroy defective products.
The draft Law also stipulates Investigation and Confirmation
of Defects (Chapter 2), Implementation of Recall (Chapter
3), Obligations of Producers, Retailers and Service Operators
(Chapter 4), Supervision (Chapter 5) and Legal Liabilities
Violators could face fines from RMB 200,000 up to RMB 500,000 (about U.S. $74,530).
Criminal punishment would be imposed if possible.
For more information
about product safety, you may ask Intertek expert by
filling in this enquiry