The State Administration for Market Regulation ("SAMR") has recently issued the revised Administrative Measures for Regulatory Spot Checks for Product Quality (Draft for Comment) (the "Draft for Comment") to seek public comments by May 15, 2019.
Among eight chapters constituting the Draft for Comments are General Principles, Organization of Regulatory Spot Checks, and Sampling. The Draft for Comment clarifies ways to ensure the isolation of sampling from spot checks, recording of relevant processes, personnel responsible for drawing samples, implementation of the sampling process, drawing of samples, ways to obtain samples, precautions against the removal of seals on samples, sampling documents, circumstances where sampling is impossible, transportation of samples, identification of a refusal to regulatory spot checks, submission of enterprise standards, etc. On this basis, the Draft for Comment clearly specifies the legal liability under different circumstances, including refusing spot checks, failing to provide actual and truthful materials, replacing samples, failing to furnish standards, and producing and selling substandard products.