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China Publishes New Recall Regulations for Defective Consumer Products

The China General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) recently published “Regulations of Administration of Recall of Defective Consumer Products,” which will become effective January 1, 2016. There are currently recall regulations in place for automobiles, toys, food, medical devices, cosmetics and appliances. This new regulation stipulates the recall of defective consumer products, including children’s products and electrical products manufactured or sold in the China market.
This regulation specifies the recall conditions of defective consumer products, responsible entities and their obligations, supervisory responsibility of government authorities, and recall procedures.

Children’s products include stationery, accessories, plastic products, furniture, paper products, leather products, recreational equipment, footwear, textiles, clothing and other products intended to be used by children. Electrical products include appliances, audio/video devices, cables, lighting, electrical tools, electrical accessories, automatic control equipment, IT equipment, and telecommunication terminal equipment. Other product categories may refer to this regulation when a recall is necessary.

Domestic manufacturers or importers are considered responsible entities and are required to recall defective consumer products. AQSIQ and designated local authorities supervise the recall process. The regulation requires AQSIQ to identify some national testing facilities to provide technical support, as well as collect information on and analyze defects.

Product defects may be reported by any party or individual and are often identified through market surveillance, risk monitoring, AQSIQ inspection or other channels. Manufacturers or importers are required to analyze defects. Upon confirmation of defects, manufactures or importers must submit the recall scheme to the authorities, investigate defects or hazards, and announce the product recall in newspapers, on websites, broadcast television or other media, with relevant information, including the products involved and remedial actions and measures the manufacturers have taken to remove defects.

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