(August 27, 2007 national quality supervision test quarantine General makes 101th, announced since announced of day up purposes) first chapter General first article to specification children toy recalled activities, prevention and elimination children toy defects may led to of damage, guarantees children health and security, according to People's Republic of China products quality method, and State on strengthening food, products security supervision management of special provides, legal regulations, developed this provides.
    Article in the People's Republic of China territory of production and sales of recalls of children's toys, supervision and management, these provisions shall apply.
    Article children's toys in these rules refers to designed or intended for children under 14 years of age to play, after processing and manufacturing and sales of products; but producers except as expressly not for children to play.
    Defects in these rules refers to design, production, direction and other reasons make a batch, models or types of common identity in children's toys, endangering the health and safety of children is not a reasonable risk.
    Recall in these rules, and is in accordance with the prescribed procedures and requirements, defects in children's toys, organized by the producer or by the seller through the supplementary or amended descriptions, return, replacement, repair or any other means of consumption, effective prevention and elimination of activities which may lead to harm.
    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) within the areas of responsibility for the single organization coordinate the supervision of children's toys recalled.
    Quality and technology supervision departments of provinces, autonomous regions and municipalities (hereinafter provincial quality and technical supervision Department) in the administrative area responsible for the supervision and control of the implementation of the children's toy recalls.
    Article quality and technical supervision departments at all levels shall take various effective ways to enhance children's toy safety knowledge and legal system publicity and education.
    Article sixth producers should be responsible for its production of quality and safety of children's toys, and in accordance with the provisions of the requirement, defect investigation, risk assessment and the implementation of the children's toy recalls.
    Chapter II information systems and information management article seventh AQSIQ shall organize the establishment of children's toys defect and recall information management system, including children's toys, gaps in the information collection system and children's toys with relevant departments, has established injury surveillance systems.
    Article eighth AQSIQ children's toys can defect and recall information management system collecting, processing, publishing, and children's toys defects, injuries, recalls and consumer alerts and other relevant information.
    Nineth no unit or individual can contribute to the quality and technical supervision departments at all levels complaints or to report defects and injuries of children's toys and other relevant information.
    Article tenth producers should be practitioners basic information as well as consumer complaints or reports, injury, product damage disputes, product recalls and other information abroad to local quality and technical supervision Department.
    Provincial quality and technical supervision Department in accordance with the relevant provisions of the State administration of quality supervision organizations manage the information prescribed in the preceding paragraph for the record.
    11th local quality and technical supervision departments at all levels within the administrative area of collecting, handling complaints, reporting, filing defects and injuries of children's toys and other information, and information about the escalation.
    12th producers should strengthen children's toy design, raw material procurement, production and sales and product identification and consumer complaints, injuries, product damage disputes, product recalls and other information management in foreign countries, and establish and improve relevant information.
    13th a seller shall strengthen the management of information such as purchase, sale of children's toys, and keep consumer complaints, injuries, product damage dispute information archives.
    Chapter III defect investigation and risk assessment provide children's toys may 14th producers informed the flawed, should immediately start a defect investigation, confirmed the existence of defects.
    15th provincial quality and technical supervision Department was informed that children's toys, there may be a defect, defect investigations can be started, and notify the producer.
    Provincial quality and technical supervision departments within their respective administrative areas can be producers of children's toys for defect investigations and report the AQSIQ.
    AQSIQ harmful consequences can be serious or major defect investigation of children's toys, and notify the provincial quality and technical supervision Department, where the producer.
    16th producers, sellers and other business operators shall cooperate with the provincial quality and technical supervision departments at or above the defect investigation provides relevant information required for investigation.
    17th no producer shall promptly to report defect investigation notice of investigation issued provincial quality and technical supervision departments.
    Provincial quality and technical supervision departments shall notify the producers and report defect survey results in a timely manner the AQSIQ.
    AQSIQ defects shall promptly report its findings to the provincial quality and technical supervision Department and the producer.
    18th producers defect investigation results and defects of quality and technical supervision departments at or above the provincial level inconsistent findings, producers can contribute to provincial quality and technical supervision departments to explain the situation, to protest.
    Provincial quality and technical supervision departments to take hearing to deal with the objections, decisions and to confirm the defect survey results.
    19th survey identified defects of children's toys should be based on the defects of children's toys on children's health and safety to the likelihood, extent, scope, and risk assessment of defect and recall based on risk assessment results.
    Rules of the risk assessment in accordance with the relevant provisions of the State administration of quality supervision.
    20th provincial quality and technical supervision departments to organize the establishment of the Committee of experts, provide technical support for defect investigations and risk assessment.
    Provincial quality and technical supervision departments at or above may entrust a legal qualification of product quality inspection agencies or laboratories, providing technical support for defect investigations and risk assessment.
    Implementation of the fourth chapter recalls children's toys section is voluntarily recalling article 21st flawed, producers should immediately cease production and sales of defects in children's toys, and publicize information relating to defects of children's toys in accordance with law, notify the seller to stop sales of defects in children's toys, inform consumers stop spending defects in children's toys, and the timely implementation of a voluntary recall.
    22nd producers released the information to the community, shall abide by the laws and relevant regulations of the State administration of quality supervision.
    Producer and consumer notification from the seller shall be accurate, clear, and complete, notice of ways and means should be appropriate and easy to enquiries from the public.
    23rd producer recalls of children's toys, shall promptly submit a voluntary recall plans provincial quality and technical supervision Department of the location of the record.
    Producers submitted of active recalled plans should including following content: (a) stop production sales exists defects of children toy of situation; (ii) notification sellers stop sales exists defects of children toy of situation; (three) notification consumers stop consumption exists defects of children toy of situation; (four) to social announced about information of situation; (five) recalled of implementation organization, and contact method, and range and time,; (six) recalled of specific measures, including added or amendment consumption description, and return, and replacement, and repair,;
    (G) recalls expected results; (VIII) defects in children's toys after the return of treatment measures; (IX) other related content.
    Producers in the recall process to recall program to change shall be promptly indicated to the provincial quality and technical supervision Department of the location of.
    Article 24th shield technology supervision departments at the provincial level should be a voluntary recall program file and changes submitted to the State administration of quality supervision.
    25th article above provincial quality and technical supervision departments as needed, supervise the implementation of a voluntary recall imposed on producers.
    Provincial quality and technical supervision departments voluntarily recalled the producer does not have the desired effect, you can require that producers take more effective recalls, or to take other measures.
    Article 26th producers should voluntarily recalled the report determines a recall within 15 working days after the expiry of the time frame for completion, and submitted to the provincial quality and technical supervision Department of the location of a voluntary recall summary.
    Provincial quality and technical supervision departments shall verify the producers a voluntary recall summary and relevant information submitted to the State administration of quality supervision.
    Second section ordered recalled 27th article confirmed children toy exists defects, producers should active recalled but not recalled of, or by confirmed national supervision checks in the found producers production of children toy exists security hidden, may on human health and life security caused damage of, national quality General should to producers issued ordered recalled notification or announcement, and notification location of provincial quality technology supervision sector, law take corresponding measures.
    28th producers in receipt of AQSIQ ordered after the recall, involved should immediately stop production and sales of children's toys.
    29th producers shall, on receiving the State quality watchdog ordered the recall notice within 5 business days, recall report to the AQSIQ.
    Recall report should conform to the relevant provisions of the second paragraph of this article 23rd content requirements.
    Article 30th AQSIQ recall reporting should be reviewed, producers submitted a recall report received and will be reviewed within 2 business days from the date of notice of result of producers.
    31st recall report by the State administration of quality supervision of examination and approval, the producer shall report the matter in accordance with the recall recall in a timely manner.
    Recall report had not been approved by the State administration of quality supervision, the producer shall, according to the AQSIQ recall to recall requests made.
    Article 32nd in order to recall the process of implementation, producers should be in accordance with the request of the State General Administration of quality supervision, periodically recall summary. Article 33rd AQSIQ can producers submit periodic recall summary of monitoring implementation of the recall, recall of deciding whether to require producers to take more effective measures, or to take other measures.

    Article 34th ordered a recall of the producer shall create and maintain a complete record and recall within 15 working days after the expiry of the time frame for completion, and recall Summary submitted to the AQSIQ.
    AQSIQ shall verify the producer recalls summarize and evaluate the effectiveness on the recall and will inform producers and provincial quality and technical supervision Department of the situation.
    Fifth chapter legal liability article 35th producers in violation of these provisions, any of the following circumstances, be warned that a rectification; fails to mend, fined 10,000 yuan the following penalties: (a) the record of not complying with the requirements of the relevant information, (ii) not complying with the requirement to establish a sound information.
    36th article producers violation this provides, has following situation one of of, be warning, ordered deadline corrected; late not corrected of, sentenced 20,000 yuan following fine: (a) received provincial above quality technology supervision sector defects survey notification, but not timely for defects survey of; (ii) refused to tie provincial above quality technology supervision sector for defects survey of; (three) not timely will defects survey results report provincial above quality technology supervision sector of.
    37th producers in violation of the provisions set forth in 21st, 28th, not to stop production and sales of defective toys, fined 30,000 yuan fines violate the provisions of the relevant laws and regulations, in accordance with the relevant laws and regulations.
    38th article producers violation this provides 21st article, and 22nd article provides, not law to social announced about children toy defects, information, and notification sellers stop sales exists defects of children toy, and notification consumers stop consumption exists defects of children toy, not implementation active recalled of, be warning, ordered deadline corrected; late not corrected of, sentenced 30,000 yuan following fine; violation about legal regulations provides of, in accordance with about legal regulations provides processing.
    39th producers in violation of the provisions set forth in 23rd, 29th, with a warning, rectification; fails to mend, fined 30,000 yuan fines violate the provisions of the relevant laws and regulations, in accordance with the relevant laws and regulations.
    40th producers in violation of the provisions of article 26th, 32nd and 34th article of, be warned that a rectification; fails to mend, fined 30,000 yuan fine.
    41st producer of violation of the provisions of article 31st, fined 30,000 yuan fine.
    42nd in the supervision and administration of the recall public officials or experts such as dereliction of duty, abuse of authority or engages in, hold responsibility in accordance with the relevant provisions.
    43rd administrative penalties stipulated in these regulations, by the quality and technology supervision departments above the county level according to law, in the terms of reference.
    44th producers for defects of quality and technology supervision departments investigating recall and risk assessment, regulatory measures and administrative penalties, dissatisfied, he may apply for administrative reconsideration or bring an administrative suit.
    The sixth chapter supplementary articles article 45th recalls of children's toys import and export management, the entry-exit inspection and quarantine administration in accordance with the relevant provisions of the State administration of quality supervision.
    46th article of the provisions relating to information about releases, record information, risk assessment and document format requirements as specified shall be separately formulated by the AQSIQ.
    47th article of the regulation by the AQSIQ to interpret.
                                                                                          48th article of the regulations come into force on the date of promulgation.