Provisions on the Food and Drug Administrative Penalty Procedure

By king & Wood Mallesons’ Compliance Group

After public consultation, the China Food and Drug Administration recently promulgated the Provisions on the Food and Drug Administrative Penalty Procedure (the “Provisions”), which came into effect on June 1, 2014. The Provisions concern food, drugs, cosmetics, and medical devices. The Provisions cover all procedures of administrative law enforcement, and specify the requirements for entrusting and delegating law enforcement power. In addition, the Provisions also further specify the procedures of trans-regional cooperative investigations, the effectiveness of evidence obtained before the case being formally filed, the connection between administrative procedures and criminal procedures, and overseas evidence collection.
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