Recently, the Department of Supervision on Product Quality of the General Administration of Quality Supervision, Inspection and Quarantine ("AQSIQ") has formulated and issued the Administrative Measures for the Monitoring of Product Quality and Safety Risks (Draft for Comment) and the Administrative Measures for the Supervision and Spot Check of E-commerce Product Quality (Draft for Comment) (the "Draft for Comment") to seek comments from certain entities before October 10, 2016.
According to the Draft for Comment, departments organizing e-commerce spot checks shall make a spot check program according to the spot check plan, and assign the e-commerce spot check tasks to designated departments or entrusted inspection agencies. A program shall include the sampling method, scope of products subject to the spot check, inspection items, and a list or scope of e-commerce platform enterprises covered by the spot check. The Draft for Comment stipulates that the abovementioned departments shall timely inform enterprises concerned of the inspection results and the statutory rights of such enterprises under the spot check in writing, and notify e-commerce platforms of the same in writing, and propose suggestions on the disposal of sub-quality products. Where an enterprise under the spot check raises any objection to the inspection results, it may file a petition for re-inspection in writing within 15 days upon receipt of the inspection results.