The State Administration for Market Regulation ("SAMR") has recently issued the implementing rules for national supervisory spot checks of product quality respectively for 131 types of products, including the Implementing Rules for National Supervisory Spot Checks of Product Quality of Plastic Toys (Draft for Comment) (the "Draft for Comment"), to seek public comments by May 30, 2020.
The Draft for Comment deals with the sampling methods, testing basis, judgment rules, etc. According to the Draft for Comment, samples will be drawn at random from those products for sale held by manufacturers and sellers involved in the spot checks; random numbers will generally be generated according to the random number table or by other means; three samples will be drawn from each lot of products, two used for tests and one retained as the back-up. Additionally, the Draft for Comment clearly states that if the samples pass all tests for the targeted items, the product involved in the spot checks will be considered up-to-standard; if the samples fail to pass the tests for any targeted item or items, such product will be considered substandard. In the event that the quality requirement explicitly stated for the product being tested is lower than the requirement set out in the compulsory standard that is designated by the implementing rules as the testing basis, whether the product concerned meets the standard or not should be determined based on the compulsory standard.