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On April 15, 2019 China State Administration for Market Regulation (SAMR) publicized a draft version of Administrative Measures for Product Quality Spot Inspections (hereinafter ‘the measures’), which is now open to public opinion[1]. Deadline for comment is May 15.
The currently effective version[2] was launched by the former AQSIQ in 2010. The consultation draft of the measures[3] includes several important changes. It is also worth remembering that the competent authority tasked with conducting random inspections changed from AQSIQ to SAMR after China instituted significant administrative reforms in 2018.
Scope of “severe quality problem” is specified
Article 10 of the measures lays out basic inspection requirements and designates six situations as “severe quality problems”:
When products do not meet requirements of corresponding mandatory national standards;
When products are impure, fake or mixed with fake substances, substandard or incompliant but are disguised as qualified products
When products are made obsolete according to government orders
When products are invalid or degraded
When products’ place of origin, manufacturer, factory site, production date, shelf life, expiration date or accreditation mark are falsified
Other situations regarded as severe quality problems in other regulations.
Drafting of annual plan to be delegated to provincial government
The measures will delegate power to subordinate regional government and offer greater autonomy to draft individual regional requirements. At present, the plan is developed at a national level by SAMR and implemented by local governments.
Increase in legal liability for violators
Article 51 to 55 of the measures stipulate penalties and legal liability of manufacturers or distributors/retailers who refuse and obstruct inspection, manufacture or sell substandard goods, and fail to rectify problems within a set deadline. The current version does not specify penalties on violators.
The measures apply to all products circulating in the Chinese market including domestic and imported goods, food and food related products. It is proposed to enter into effect on January 1, 2020.
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