China's regulations on defective product recalls are expected to be introduced next year.
China's State Administration for Quality Supervision, Inspection and Quarantine has completed the initial draft of the "Regulations on the Recall of Defective Products (Draft)," which is expected to be released as early as next year.
"In addition to automobiles, toys, food, and medicine, which are already included in the defective product recall system, all other products that may cause serious personal health harm may be included in the recall scope, such as household appliances and public service facilities such as elevators and cable cars," Liu Zhaobin, director of the Department of Laws and Regulations of the State Administration for Quality Supervision, Inspection and Quarantine, told a reporter from China Daily on the sidelines of a seminar on the third anniversary of the implementation of the automobile recall system and the product recall system held in Beijing yesterday.
Director Liu revealed that the State Administration for Market Regulation has completed the initial draft of the bill and is currently soliciting opinions from enterprises and relevant government departments. "We will listen to opinions from all sides and make active efforts to introduce the 'Regulations on the Management of Defective Product Recalls' as soon as possible, raise the legal level of defective product recall management, expand the scope of product recall management, and strengthen government supervision," he said. "At the earliest, the 'Regulations on the Management of Defective Product Recalls' could be introduced next year."
If passed, this regulation will be China's first law on the recall system for defective products. The existing regulations, such as the "Regulations on the Recall of Defective Automobile Products," the "Regulations on the Recall of Children's Toys," the "Regulations on the Recall of Food Products," and the draft "Measures for the Recall of Drugs" currently under public comment, are all departmental rules at the legal level.
Jiang Tianbo, director of the Industrial and Commercial Law Department of the Legislative Affairs Office of the State Council, who attended the seminar, also clarified that the Legislative Affairs Office of the State Council is considering including the management regulations in next year's legislative plan.
According to Director Liu Zhaobin, the draft regulations require companies to proactively recall defective products. If a company fails to do so, the government can order it to do so. If a company's failure to proactively recall defective products results in serious consequences, it may face the revocation of its production license or even legal action.
Pu Changcheng, deputy director of the General Administration of Quality Supervision, Inspection and Quarantine, said at the seminar that the implementation of the recall system will play a positive role in protecting consumers' legitimate rights and interests, maintaining public safety, promoting the construction of a harmonious society, transforming the government's management model, and improving the quality of enterprise products and international competitiveness.
He stated that with rapid economic development and technological progress, the widespread application of new technologies and materials in industrial products has increased the risk of unsafe quality issues arising from design and manufacturing defects. Current Chinese laws and regulations primarily manage product safety through strict market access requirements, national supervision and spot checks based on standards, and stringent provisions regarding product liability. However, these systems cannot completely prevent unsafe products from entering the market. Product damage compensation can only address existing injuries; it is powerless against potential dangers that are occurring or may occur.
"Therefore, establishing and improving laws and regulations on defective products is an indispensable and important part of the product safety legal system," said Director Pu.
Sun Bo, Director of the Quality Department of the General Administration of Quality Supervision, Inspection and Quarantine, also stated at the meeting that the product recall system cannot be limited to departmental regulations. Only by raising the legal level and fixing it in the form of laws or regulations can the economic relations related to product recalls be effectively regulated.
Director Sun also stated that, in order to support the implementation of the defective product recall system, the General Administration of Quality Supervision, Inspection and Quarantine will coordinate with relevant government departments to establish a national product injury detection system in China. This system will collect information on product-related personal injuries and deaths from hospitals nationwide, providing a basis for the country to formulate product safety policies, regulations, and standards. It can also be used to test and evaluate the effectiveness and rationality of product safety policies.
The experts at the meeting affirmed the necessity of the "Regulations on the Management of Defective Products," but also pointed out that under the current conditions, it would be difficult to formulate a separate product recall law.
"As a groundbreaking move in the recall system, the recall of defective vehicles has only been implemented in my country for three years. We should learn from experience and proceed step by step," said Ying Songnian, a member of the Internal and Judicial Affairs Committee of the National People's Congress and director of the Department of Law of the National Academy of Governance. "The conditions for enacting a separate law at this time are probably not yet mature."
However, Director Ying suggested that more mature practices could be summarized first and then formulated into a State Council administrative regulation. Wang Liming, a member of the National People's Congress Law Committee, also stated that the existing Product Quality Law and Consumer Rights Protection Law could be amended to include clauses on defective product recalls, thus providing stronger legal protection for the defective product recall system.
Experts also suggested that while formulating relevant laws and regulations, relevant departments should promptly develop and improve quality standards for various products and clarify the procedures for government-ordered recalls to prevent the government from abusing its administrative power and harming the legitimate rights and interests of enterprises. The scope of the defective product recall system also needs further discussion and clarification.
According to figures released yesterday by the General Administration of Quality Supervision, Inspection and Quarantine, from 2004 to November this year, a total of 1.3 million defective vehicles have been recalled in China, all of which were recalled voluntarily by the companies.
– Reference source: China Instrument Information Network, 2007-11-26
