By Huang Jianwen  King & Wood Mallesons’ Investment Group

huang_jianwenThe Regulations on the Supervision and Administration of Cosmetics (Draft for Review) (the “Draft for Review”) drafted by China Food and Drug Administration (the “CFDA”) was published on 20 July 2015 for public comments. The current regulation governing the supervision and administration of cosmetics in China is referred to as the Regulations Concerning the Supervision of the Hygiene of Cosmetics (the “Current Regulation”). The Draft for Review contains 7 chapters, 79 articles and approximately 13,000 characters compared to the Current Regulation’s 6 chapters, 35 articles and approximately 3,000 characters.

The Current Regulation was promulgated in 1989, and became effective in 1990. It focuses on implementing a supervisory system of government reviews and approvals rather than a purely market-based approach to regulation. The Current Regulation’s supervisory measures may be relatively deficient with respect to striking down regulatory violations.
Continue Reading Highlights of the draft cosmetics supervision regulations

By king & Wood Mallesons’ Compliance Group

In order to strengthen the supervision of food safety in China, the National People’s Congress published the “People’s Republic of China Food Safety Law (Revised Amendment)” (“First Revised Amendment”) for public comment on its official website in June 2014. Earlier, in October 2013, the “People’s Republic of China Food Safety Law (Amendment)” (“Amendment”) was published for comment by the State Council. Based on views of the members of the National People’s Congress, the “People’s Republic of China Food Safety Law (The Second Revised Amendment)” (“Second Revised Amendment”) was published in December 2014. Compared to the First Revised Amendment, mainly drafted by the government, the Second Revised Amendment incorporates public views and suggestions. As a result, the Second Revised Amendment is more considerate towards consumer rights and operators’ behavior. This newsletter reviews the highlights of the three Amendments to the People’s Republic of China Food Safety Law and discusses the new provisions of the Second Revised Amendment.
Continue Reading The Second Revised Amendment of the Strictest Food Safety Law in History