1. Provisions of the Product Quality Law

As the law governing the production and sale of products within China’s territory, producers must first ensure that product labeling complies with the relevant provisions of the “Product Quality Law.” Articles 27, 28, 30, and 31 of the “Product Quality Law” (for specific details, see the respective articles—same hereinafter) clearly specify the items that producers are required to label as well as those that they are prohibited from labeling. Article 6 and Article 7 of the “Regulations of Jiangsu Province on the Punishment of Acts Involving the Production and Sale of Fake and Inferior Goods” lay down requirements for the labeling of goods produced and sold. Article 24 and Paragraph 2 of Article 25 of the “Measures for the Supervision and Administration of Product Quality in Jiangsu Province” provide detailed regulations on the labeling of finished products and imported products.

2. Provisions of laws in other fields

Product Quality Law The labeling requirements for products are stipulated in relatively general and principled terms. In practice, given the vast number of product types—thousands upon thousands—producers, relying solely on the provisions of the Product Quality Law, will more or less feel confused and at a loss as to how to proceed with labeling. In certain specialized fields, legislation also specifies the particular information that must be included on product labels.

First, the Food Safety Law. Articles 67, 68, 69, 70, 71, 78, and 79 clearly specify the items that must be indicated on the labels of prepackaged foods, food additives, health foods, as well as prepackaged foods and food additives imported into the country, and also stipulate the items that are prohibited from being indicated on such labels. Article 33, paragraph 1, and Article 40 of the Implementation Regulations of the Food Safety Law clearly specify the items that must be indicated on the labels of foods recalled and imported food additives.

Second, the “Special Equipment Safety Law” Article 21 stipulates that “when special equipment leaves the factory, it shall be accompanied by relevant technical documentation and files required by safety technical specifications, including design documents, certificates of product quality compliance, instructions for installation, use, maintenance, and servicing, as well as inspection and certification documents. In addition, the equipment shall have a product nameplate, safety warning signs, and their corresponding instructions prominently displayed in a conspicuous location.” Article 30, paragraph 2, specifies the labeling requirements for imported special equipment. Articles 37, 40, 43, 48, and 56 of the “Regulations on Quality Supervision and Safety Inspection of Special Equipment” respectively set forth specific requirements regarding the items that must be clearly marked when elevators, lifting machinery, motor vehicles used within factories, major components of passenger ropeways, amusement rides, and recreational facilities leave the factory. Article 15 of the “Measures for the Supervision and Administration of Boiler and Pressure Vessel Manufacturing,” Article 11 of the “Regulations on Safety Inspection of Lifting Machinery,” Article 14 of the “Regulations on Safety Inspection of Gas Cylinders,” Article 12 and Article 13 of the “Regulations on Safety Inspection of Large-Scale Amusement Rides,” and Article 33 of the “Regulations on Safety Management of Medical Oxygen Chambers” all specify particular requirements for the items that must be clearly marked when the respective products leave the factory.

Third, the "Implementation Regulations of the Standardization Law" Article 24 stipulates: “When enterprises produce products that comply with national standards, industry standards, local standards, or enterprise standards, they shall indicate the code, number, and name of the standard being followed on the product itself or on its instruction manual and packaging.”

Fourth, the Implementation Rules of the Measurement Law. Article 21 stipulates, “Any measuring instruments without the product qualification seal or certificate shall not be allowed to leave the factory.” Articles 21, 22, Paragraph 1 of Article 24, and Article 25 of the “Administrative Measures for the Licensing and Supervision of Manufacturing and Repair of Measuring Instruments” lay down specific provisions regarding the marking of license symbols and numbers for manufacturing and repairing measuring instruments, as well as the circumstances involving commissioned processing and manufacturing of measuring instruments. Articles 5, 6, and 7 of the “Administrative Measures for the Supervision and Administration of Metrology in Quantitatively Packaged Products” set forth specific requirements for the labeling of net contents on quantitatively packaged products. Article 14 of the “Regulations of Jiangsu Province on the Supervision and Administration of Trade Metrology” stipulates, “Those who produce and sell quantitatively packaged products shall clearly indicate the net content in Chinese, in numerical form, and using法定计量单位 at a prominent location on the packaging. Operators shall not sell quantitatively packaged products that do not bear the indication of net content.”

Fifth, the "Regulations on the Administration of Industrial Product Production Licenses" Article 33, paragraph 1, stipulates that “Enterprises must mark the production license symbol and number on their products or packaging and instruction manuals.” Articles 38, 40, 41, 42, and paragraph 2 of Article 45 of the Implementation Measures for the Administration of Industrial Product Production Licenses provide specific provisions regarding the marking requirements for situations such as the production license symbol, commissioned processing, and trial production.

Six is the “Regulations on Certification and Accreditation.” Article 26, paragraph 2, imposes prohibitive requirements on the design, wording, and name of certification marks independently developed by certification bodies. Articles 23, 30, 31, and 32 of the "Regulations on the Administration of Mandatory Product Certification" lay down provisions regarding the labeling of products subject to mandatory certification and the use of certification marks. The "Administrative Measures for Mandatory Product Certification Marks" provide even more specific regulations on the design and usage of certification marks. The "Administrative Measures for Pollution-Free Agricultural Products" and the "Administrative Measures for Organic Product Certification," among other product certification management measures, also set forth detailed requirements for the labeling of certified products.

The seventh is the “Administrative Measures for Energy Efficiency Labeling.” Article 4 and Article 10 set forth requirements for the labeling of energy efficiency ratings for products included in the catalog.

Eight is the “Regulations on the Responsibilities for Repair, Replacement, and Return of Household Automobile Products.” Article 10 sets forth specific requirements regarding the labeling obligations and content for automobile manufacturers: "Household automobile products shall be accompanied by a Chinese-language certificate of conformity or relevant proof, as well as accompanying documents such as the product instruction manual, the Three Guarantees voucher, and the maintenance and servicing manual. The product instruction manual shall comply with the requirements stipulated in national standards for consumer product instructions. For any usage and safety performance characteristics of household automobile products that are not specified in relevant standards, the corresponding performance indicators, operating conditions, and environmental requirements shall be explicitly stated in the product instruction manual."

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