Laws of the People's Republic of China

Circular of the State Food and Drug Administration on Intensifying the Supervision and Administration over Drug Information Services via the Internet and Drug Transaction Services via the Internet

Guo Shi Yao Jian Shi [2006] No. 429

The food and drug bureaus (drug bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government,

With a view to strengthening the supervision and administration over drugs and guaranteeing the sound development of drug information services via the Internet and drug transaction services via the Internet, the departments for food and drug administration of all provinces (districts, cities) have done a lot during the earnest supervision and administration over drug information services via the Internet and drug transaction services via the Internet and made certain achievements according to the Measures for the Administration on Drug Information Services via the Internet and the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet. However, at present there are some internet websites that still illegally provide drug information services via the Internet and drug transaction services via the Internet, publish false drug information to cheat and mislead consumers, as a result, convenient information release and circulation channels are provided for false and inferior drugs

In order to intensify the supervision and administration over drug information services via the Internet and drug transaction services via the Internet and ensure that the drugs are safe and effective to the general public, related matters are notified as follows,

1.

The departments for food and drug administration of all provinces (regions and municipalities) shall, strictly according to the Administrative License Law, the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet, and the Measures for the Administration on Drug Information Services via the Internet, establish sound flows for the examination and approval of drug information services via the Internet and drug transaction services via the Internet, regulate the procedures for examination and approval and make strict examination criterions. During the process of examination, key attention shall be paid to the system as well as the measures as provided by enterprises to ensure that the sources of drug information via the Internet are legitimate and true. The applicant entities shall have definite and feasible management measures for the examination on drug information sources, information collection, information editing, examination on the truthfulness of information, approval of release and other information release procedures, and shall be able to effectively control the information release procedures.

2.

You shall, in accordance with the Measures for the Administration of Drug Information Services via the Internet, the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet, and the Work Schedule on the Coordination and Administration of Internet Websites (hereinafter referred to as the Work Schedule) jointly printed and distributed by the Publicity Department of the Central Committee of the CPC and other 15 ministries and commissions, carefully supervise and administer the drug information services via the Internet and drug transaction services via the Internet.

(1)

You shall on your own initiatives conduct routine supervision and administration over the enterprises, which have obtained the qualifications for undertaking drug information services via the Internet and drug transaction services via the Internet, and actively seek effective supervision and inspection methods. Violations of laws or regulations found during the course of supervision and inspection shall be handled strictly according to the related provisions, and the investigation and punishment result shall be notified to the information industry department at the same level. Meanwhile, the related information and the punishment results shall be recorded in the Qualification Certificate for Drug Information Services via the Internet (duplicate), the Qualification Certificate for Drug Transaction Services via the Internet (duplicate) and the system for examination and approval of drug information services or transaction services.

Once the websites unlawfully engaging in providing online drug information and drug transaction services without approval are found, they shall be investigated and punished in accordance with the Measures for the Administration on Drug Information Services via the Internet, the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet. And the result of investigation and punishment shall be reported to the department of information industry at the same level in light of the requirements of the Work Schedule. Where the circumstance is serious, you shall propose the department of information industry at the same level to close up the illegal website.

(2)

You shall intensify routine supervision over the comprehensive portals under your respective jurisdiction, which have wide influence and are popular among the general public. Where any website illegally releases (directly releases or provides link service to) any drug information, it shall be handled according to the above-mentioned provisions. Where any website illegally provides any special drug sales information or transaction service, it shall be timely notified to the public security organ at the same level.

3.

You shall, based on the special events of this year on the nationwide rectification and regulation of the drug market order, intensify the supervision and administration over drug information services and transaction services via the Internet and integrate this task with the tasks of cracking down on the making and sale of false and inferior drugs and of cracking down on the unlawful release of drug advertisements. You shall, on your own initiatives, establish work coordination and information communication channels with the related departments so as to actually and efficiently supervise and administer the drug information services and transaction services via the Internet and guarantee that the drugs are safe and effective to the general public.

4.

The drug and food administration departments at all levels shall give full play to the supervisory force of the general public and smoothen the channel for the general public to tip off the related information. You shall strengthen the publicity of the news related to the supervision and administration over drug information and transaction services via the Internet, and shall timely announce the related supervision and inspection results to the general public. Where any website illegally releases any drug information or unlawfully provides any drug transaction service, if the circumstance is serous and has affected the safety of the consumers, the departments for food and drug administration shall give the general public a safety warning of severely investigating and punishing the aforesaid website according to related laws and regulations at the same time.

The State Food and Drug Administration

August 22, 2006