the first In order to standardize the recall of defective consumer goods, protect human health and personal and property safety, and safeguard the legitimate rights and interests of consumers, these measures are formulated in accordance with the provisions of the People’s Republic of China (PRC) Product Quality Law, the People’s Republic of China (PRC) Consumer Rights Protection Law and other laws and regulations, combined with the actual situation in our province.
the second These Measures shall apply to the recall, supervision and management of defective consumer goods within the administrative area of this province.
Where there are other provisions in laws, regulations and departmental rules on the recall of defective consumer goods and its supervision and management, those provisions shall prevail.
Article The term "consumer goods" as mentioned in these Measures refers to the products that consumers need to buy and use for their daily consumption, and the specific scope shall be implemented in accordance with the relevant provisions of the state.
The term "defects" as mentioned in these Measures refers to unreasonable dangers that endanger personal and property safety in the same batch, model or category of consumer goods due to design, manufacture, warning and other reasons.
The term "recall" as mentioned in these Measures refers to the activities of producers to eliminate defects or reduce safety risks by supplementing or amending warning signs, repairing, replacing and returning goods.
Article 4 The market supervision and management department of the provincial people’s government is responsible for the supervision and management of the recall of defective consumer goods in the province.
The market supervision and administration department of the people’s government at the prefecture level shall be responsible for the supervision and administration of the recall of defective consumer goods within their respective administrative areas. The market supervision and administration department of the people’s government at the county level shall cooperate with the market supervision and administration department at the higher level to carry out information collection, recall supervision and inspection of defective consumer goods within their respective administrative areas.
The relevant administrative departments of health, emergency management, education, industry and information technology shall cooperate with the supervision and management of the recall of defective consumer goods within their respective functions and duties.
Article 5 The market supervision and management department of the provincial people’s government shall establish and improve the information sharing mechanism of consumer goods defects in the whole province, and promote the exchanges and cooperation between local cities and relevant administrative departments in information collection, data sharing and rapid early warning of consumer goods defects.
Article 6 The market supervision and management department of the provincial people’s government shall establish a unified technical expert database of defective consumer goods recall in the province and implement dynamic management.
Article 7 Producers and other operators engaged in sales, leasing and repair of consumer goods (hereinafter referred to as other operators) are responsible for the safety of consumer goods produced and operated according to law.
The market supervision and management departments of the people’s governments at or above the county level shall strengthen the publicity and education of consumer goods safety, and raise the awareness of quality, safety and risk prevention of producers, other operators and consumers.
Article 8 Producers and other business operators who find that the consumer goods they produce and operate have caused or may cause death, serious personal injury or heavy property losses, or have been recalled outside People’s Republic of China (PRC), shall report to the market supervision and administration department of the local people’s government at the prefecture level within 2 working days from the date of discovery.
If the producer thinks that the consumer goods are defective, it shall take the initiative to recall them, immediately stop producing, selling and importing the defective consumer goods, notify other operators to stop their operations, and bear the necessary expenses incurred by consumers due to the recall of the consumer goods. Other business operators shall immediately stop operating defective consumer goods after receiving the notice from the producers, and assist the producers in implementing the recall.
If the recalled consumer goods have not eliminated defects or reduced safety risks, they shall not be sold or delivered again.
Article 9 Where the producers of defective consumer goods merge, the merged entity shall carry out the recall; If the producer is divided, the recall shall be carried out by the subject jointly agreed after the division, and the recall shall be carried out jointly if there is no agreement; If the producer terminates according to law, the market supervision and management department of the people’s government at the provincial or prefecture level shall issue a consumer warning to the society.
If the seller of defective consumer goods cannot specify the producer of defective consumer goods or the supplier of defective consumer goods, the seller shall carry out the recall in accordance with the relevant provisions of these Measures on producer recall.
The institutions designated by overseas producers to implement the recall in People’s Republic of China (PRC) shall be regarded as the producers specified in these Measures; If the overseas producers are not specified, the agents and importers of imported consumer goods shall be regarded as the producers specified in these Measures.
Article 10 The market supervision and management departments of the people’s governments at the provincial and prefecture levels shall establish and improve the information collection mechanism for consumer goods defects, and actively collect information on consumer goods defects through supervision and inspection, injury monitoring, risk monitoring, public opinion monitoring, complaints and reports, and case investigation.
The relevant administrative departments of health, emergency management, education, industry and informatization of the people’s governments at or above the county level shall provide the information on the defects of consumer goods found in the course of performing their duties to the market supervision and administration department of the people’s government at the same level in a timely manner.
Encourage scientific research institutes, product quality inspection and testing institutions, social organizations, etc. to provide information on defects in consumer goods to the market supervision and management department where the producer is located in a timely manner.
Article 11 The market supervision and management department of the people’s government at or above the county level shall announce the ways to reflect the information of consumer goods defects such as address, telephone number or website address and e-mail, and any unit or individual has the right to reflect the information of possible defects in consumer goods.
Article 12 The market supervision and administration department of the people’s government at the county level shall sort out and register the collected defect information of consumer goods and submit it to the market supervision and administration department at a higher level in time.
The market supervision and management departments of the people’s governments at the provincial and prefecture level shall organize the analysis of the collected information on the defects of consumer goods, and if it is found that the consumer goods produced by the producers within their respective administrative areas may be defective, they shall notify the producers to carry out defect investigation and analysis within 3 working days from the date of discovery.
Where the producer’s registered place belongs to the administrative area of this Municipality, the market supervision and management department of the people’s government at the prefecture level shall organize the defect information analysis. Where the producer’s registered place does not belong to the administrative area of this Municipality, the market supervision and administration department of the people’s government at the prefecture level shall promptly notify the market supervision and administration department at the same level where the producer is located; Do not belong to the administrative region of this province, the provincial market supervision and management department informed the producer where the provincial market supervision and management department.
To carry out defect information analysis, producers and operators can be invited to participate, and technical experts and professional institutions in related fields can be invited to participate when necessary.
Article 13 If a producer discovers that the consumer goods he produces may have defects, or receives the notice of defect investigation and analysis from the market supervision and management department, he shall immediately carry out the defect investigation and analysis, and report the investigation and analysis results to the market supervision and management department of the local people’s government at the prefecture level or at the municipal level within 10 working days from the date of discovery or receipt of the notice of defect investigation and analysis.
Producers carry out defect investigation and analysis, and the market supervision and management department of the people’s government at the provincial or prefecture level can provide necessary guidance and technical support.
If it is confirmed by defect investigation and analysis that there are defects in consumer goods, the producer shall immediately recall them.
Article 14 If the producer fails to carry out defect investigation and analysis in accordance with the requirements notified by the market supervision and management department, or the market supervision and management department thinks that the results of the producer’s defect investigation and analysis are not enough to prove that there are no defects in consumer goods, the market supervision and management department of the people’s government at the provincial or prefecture level shall organize and carry out defect investigation.
During the period when the market supervision and management department organizes the defect investigation, if the producer voluntarily carries out the recall, the defect investigation may be terminated.
Article 15 The market supervision and management departments of the people’s governments at the provincial and prefecture levels may take the following measures to investigate the defects:
(1) Purchasing consumer goods as survey samples;
(two) to enter the relevant production and business premises for on-site investigation;
(3) consulting and copying relevant materials and records;
(4) Asking and interviewing relevant units and personnel;
(five) entrust technical experts, professional institutions and other technical analysis, inspection and risk assessment.
Article 16 Producers and other business operators shall cooperate with the defect investigation and provide materials, consumer goods and production equipment needed for the investigation.
Where transactions are made through trade fairs, rental counters, and the Internet, the organizers, lessors, and operators of online trading platforms shall provide relevant information about the identity of the operators entering the market and the operators in the platform, information about goods or services, payment records, logistics express information, return information, and other trading information related to defective consumer goods.
Article 17 The market supervision and management department of the people’s government at the provincial or prefecture level shall, in combination with the defect investigation and the risk assessment of the possibility, degree and scope of damage caused by consumer goods to personal and property safety, make a conclusion on whether there are defects in consumer goods in time.
Article 18 If the market supervision and administration department of the people’s government at the provincial or prefecture level determines that the consumer goods are defective, it shall notify the producer to implement the recall. If the producer has no objection, it shall immediately implement the recall.
If the producer has any objection, he may, within 10 working days from the date of receiving the notice, file an objection application with the market supervision and administration department that notified him of the recall, and provide relevant materials.
Article 19 The market supervision and management department that receives the objection application shall review the relevant materials, make a review conclusion in time, and inform the producer of the review conclusion. When necessary, technical experts and professional institutions may be entrusted to conduct technical analysis, or a hearing may be organized for demonstration.
If the review conclusion finds that the consumer goods are defective, the market supervision and management department that made the review conclusion shall notify the producer to implement the recall, and the producer shall immediately implement the recall.
Article 20 If the producer fails to implement the recall in accordance with the notification requirements of the market supervision and administration department and fails to file an objection application within the prescribed time limit, or if the consumer goods are found to be defective after review, the market supervision and administration department of the municipal people’s government at the prefecture level where the producer is located shall report it step by step, and the State Administration of Market Supervision shall order the recall; Still refuse or delay the implementation of the recall, in accordance with the relevant provisions of the "People’s Republic of China (PRC) consumer protection law".
Article 21 When a producer carries out a recall, it shall make a recall plan within 10 working days from the date when the defect investigation and analysis believe that the consumer goods are defective or the date when the notice of recall of defects is received, and shall not conceal the scope and quantity of defective consumer goods that need to be recalled, and report the recall plan to the market supervision and administration department of the local prefecture-level and listed people’s government.
The recall plan shall include the following contents:
(a) the scope, name, specification, model, quantity, defects and emergency measures to avoid damage of consumer goods to be recalled;
(2) Specific recall measures;
(three) the recall of the responsible institution, contact information, time and schedule;
(4) The scope of the recall expenses undertaken;
(5) Other contents that need to be reported.
Article 22 The producer shall, within 3 working days from the date of the recall plan report, release the recall information to the public in a way that is convenient for the public to know and accept public consultation.
Other operators shall disclose the recall information released by producers in a prominent position in their stores, websites and other business premises. Encourage online trading platform operators to disclose consumer product recall information released by operators in a prominent position on the online trading platform.
The market supervision and management department of the people’s government at the prefecture level or above where the producer is located shall announce the producer recall information to the public through the national consumer goods recall management information system and the official website.
Article 23 The producer shall carry out the recall according to the recall plan, make recall records, and record the names, specifications, models, recall time, recall quantity, contact information of consumers, certification materials and other information of the recalled defective consumer goods. The retention period of consumer goods recall records shall not be less than 5 years.
Article 24 If the recall time is within 3 months, the producer shall submit a periodic summary of the recall to the market supervision and management department that reported the recall plan every month from the date of implementation of the recall; If the recall time exceeds 3 months, it shall submit a staged summary of the recall to the market supervision and management department that reported the recall plan every 3 months, and submit the summary of the recall within 15 working days after the completion of the recall plan.
Article 25 Defective consumer goods recalled by producers by replacement or return shall be handled in time; Harmless technical measures should be taken to deal with those that may cause environmental pollution or other public hazards.
The producer shall make a record of the handling of defective consumer goods after the recall, and record the information such as the name, specifications, quantity, handling time and handling measures of the defective consumer goods. The retention period of disposal records of defective consumer goods after recall shall not be less than 5 years.
twentiethLiutiao The market supervision and management departments of the people’s governments at the provincial and prefecture level shall supervise and inspect the recall of defective consumer goods, conduct random checks on the recall records of consumer goods, the post-recall processing records and the recall effect, and evaluate the recall effect.
If it is found that the recall scope is inaccurate, the recall measures fail to eliminate defects or reduce safety risks, the producer shall be required to recall again.
secondArticle 17 Where consumer goods generally have the same defects, the market supervision and management department of the people’s government at the provincial or prefecture level shall issue suggestions to the relevant producers to improve the quality of consumer goods. When necessary, you can organize a technical analysis meeting on industry quality improvement.
Trade associations should strengthen industry guidance, support and urge producers to voluntarily fulfill the obligation of recalling consumer goods.
Article 28 Administrative supervisors, technical experts and professional organizations involved in the recall of defective consumer goods shall keep confidential the business secrets and personal privacy they have learned in their work.
Article 29 In any of the following circumstances, the market supervision and administration department of the local people’s government at the prefecture level shall record the credit files of the producers and other operators:
(1) Failing to report the risk of death, serious personal injury or major property loss when it is found that the consumer goods produced and operated have caused or may cause it;
(2) Failing to report the recall abroad;
(3) Failing to carry out the recall according to the recall plan;
(four) refusing or delaying the implementation of the notice of recall ordered by the market supervision and management department.
Article 30 The recall of defective consumer goods by producers in accordance with these measures shall not exempt them from other legal responsibilities that they shall bear according to law.
The seller’s recall of defective consumer goods in accordance with the provisions of the second paragraph of Article 9 of these Measures shall not be exempted from other legal responsibilities that it shall bear according to law.
Article 31 Producers and other business operators who violate the provisions of Article 8, Paragraph 1 of Article 16, Paragraph 1 of Article 21, Paragraphs 1 and 2 of Article 22, Paragraph 2 of Article 23, Article 24 and Paragraph 2 of Article 25 of these Measures shall be ordered by the market supervision and administration department of the people’s government at the provincial or prefecture level to make corrections within a time limit; If no correction is made within the time limit, a fine of 10 thousand yuan or more and 30 thousand yuan or less shall be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 If the personnel responsible for the supervision and management of the recall of defective consumer goods abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 These Measures shall come into force as of February 1, 2024.