The State Administration for Market Regulation ("SAMR") has recently issued the Work Procedures for On-the-spot Inspections for Registration of Special Foods (Interim) (Draft for Comment) (the "Draft for Comment") for public comment by August 15, 2019.
The Draft for Comment states that the SAMR takes charge of supervision and administration of on-the-spot inspections carried out for the registration purpose. After documents submitted for registration have been evaluated, the SAMR's special food evaluation agency will notify the SARM's special food registration inspection department of carrying out inspections on the spot, when necessary. Also, the Draft for Comment clearly states that applicants shall fully cooperate with the inspections, including the expanded inspections, to ensure the inspections go smoothly, they shall not stall for time or obstruct, evade or refuse the inspections. The inspection department will set up an on-the-spot inspection team according to specific needs of such on-the-spot inspections, or entrust a qualified third-party inspection agency acknowledged by the SAMR to perform the inspections. Furthermore, the Draft for Comment notes that in case of any frauds, refusal to cooperate with, or interference in the on-the-spot inspections, the inspection team may suspend after panel discussion the inspections and the sample tests, and in this case, the applicants will be considered failing to pass the on-the-spot inspections.