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Legislation on Food and Drug is a Key Point in China SAMR 2021 Work Plan

On April 1st, 2021, China State Administration for Market Regulation (SAMR) issued a notice to publish the SAMR 2021 Work Plan on Legislation [1], which specifies that 6 laws/administrative regulations and 61 departmental regulations are to be drafted, formulated, or revised in 2021.

Focusing on difficult issues that are urgently needed for reform and development, strongly reflected by people, and urgently needed to be solved in the market supervision work, SAMR will plan and comprehensively promote the work of legislation, reformation, abolishment, and interpretation. Six laws and administrative regulations are to be drafted for approval in 2021, including the law for product quality, administrative penalty provisions for price illegal acts, industrial product license management regulations, certification and accreditation regulations, drug administration law implementation regulations, and implementing regulations for the Patent Law.

For the department regulations, the formulation and revision work will focus on 4 aspects:

  • Strengthen and improve anti-monopoly and anti-unfair competition law enforcement, earnestly safeguard fair market competition.

  • Strengthen the comprehensive management of food safety and the overall supervision of drug safety, improve the ability to detect and manage potential dangers in the safety supervision of special equipment, and focus on preventing the quality and safety risks of key industrial products. Regulations such as the Measures for the Supervision and Inspection of Food Production and Operation, the Measures for the Supervision and Administration of Drug Operation, and the Measures for the Safety Supervision, Inspection and Administration of Special Equipment are to be revised.

  • Deepen the reform of the market access system, standardize the market order, strengthen the protection of intellectual property rights, and improve the market supervision system rules.

  • Continue to promote the implementation of the quality power strategy, and promote the improvement of product and service quality.

A detailed list of laws and regulations to be formulated and revised is attached to the plan. Besides the legislation plan, SAMR also demonstrates its determination to improve the quality and efficiency of legislation and build a modern market supervision legal system that adapts to the new development pattern in the work plan.

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