Measures of China Food and Drug Administration for Administrative Review

Measures of China Food and Drug Administration for Administrative Review
Measures of China Food and Drug Administration for Administrative Review

Order of China Food and Drug Administration No.2

November 6, 2013

The Measures of China Food and Drug Administration for Administrative Review, which were deliberated and approved at the executive meeting of China Food and Drug Administration on September 27, 2013, are hereby promulgated for implementation as of January 1, 2014.

Director-general: Zhang Yong

Measures of China Food and Drug Administration for Administrative Review

Chapter I General Provisions
 
Article 1 In order to normalize and strengthen the administrative review of China Food and Drug Administration (hereinafter referred to as the "CFDA"), the Measures of China Food and Drug Administration for Administrative Review (hereinafter referred to as the "Measures") are formulated in accordance with the Law of the People's Republic of China on Administrative Review (hereinafter referred to as the "Administrative Review Law") and the Implementing Regulations of the Law of the People's Republic of China on Administrative Review (hereinafter referred to as the "Implementing Regulations on Administrative Review Law").
 
Article 2 The Measures apply to the acceptance, hearing, decision and others in respect of the cases for which an application for the administrative review is made to CFDA.
 
Article 3 CFDA shall, when handling administrative review cases, follow the principle of being legitimate, just, open, timely, and being convenient for the people, and shall correct its wrongdoings, if any, and guarantee the correct implementation of laws and regulations.
 
Article 4 The administrative review case set out in the Measures refers to the following cases:
1. the case for which an application for the administrative review is made due to the dissatisfaction with the specific administrative act of CFDA and the institutions or organizations entrusted by CFDA;
2. the case for which an application for the administrative review is made due to the dissatisfaction with the specific administrative act of food and drug administration of province, autonomous region or municipality directly under the Central Government, and of the institutions or organizations entrusted by such department; and
3. other administrative review cases under the jurisdiction of CFDA according to the law.
 
Article 5 Founded under the Legislative Affairs Department, the Administrative Review Office of CFDA (hereinafter referred to as the "Administrative Review Office") handles the specific matters of administrative review cases and shall perform the following duties in accordance with the law:
1.
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