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Measures for the Administration of Seriously Illegal and Untrustworthy Lists under Market Supervision and Administration
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(Promulgated by Order No. 128 of the State Administration for Market Regulation on May 25, 2026; effective as of July 15, 2026)


Article 1 These Measures are formulated in accordance with the Interim Regulations on Enterprise Information Disclosure and other relevant laws, administrative regulations, and national provisions, with a view to regulating the administration of seriously illegal and untrustworthy lists under market supervision and administration (hereinafter "Seriously Illegal and Untrustworthy Lists"), strengthening credit-based supervision, and promoting integrity and self-discipline.


Article 2 The State Administration for Market Regulation (SAMR) is responsible for organizing and guiding the national administration of Seriously Illegal and Untrustworthy Lists.

Market supervision and administration authorities at and above the county level shall be responsible for the administration of Seriously Illegal and Untrustworthy Lists in accordance with these Measures.


Article 3 Where a party violates laws or administrative regulations in a manner that is egregious in nature, serious in circumstances, and substantially harmful to society, and has been subject to a heavier administrative penalty by a market supervision and administration authority, that authority shall, in accordance with these Measures, include the party in the Seriously Illegal and Untrustworthy List, publish such information through the National Enterprise Credit Information Publicity System, and implement corresponding management measures.

The term "heavier administrative penalty" referred to in the preceding paragraph includes:

(1) Imposition of a fine at the aggravated penalty tier in accordance with the administrative penalty discretion benchmarks;

(2) Downgrading of qualification levels, revocation of licenses or business licenses;

(3) Restriction of production and business activities, ordered suspension of production or business operations, ordered closure, or restriction from engaging in an occupation;

(4) Other heavier administrative penalties prescribed by laws or administrative regulations.


Article 4 Where a party commits any of the following violations in the field of food safety, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List (Blacklist of Seriously Illegal Food Producers and Operators):

(1) Engaging in food production and business operations, or bulk road transportation of key liquid food, without obtaining a license as required by law;

(2) Producing food using non-food raw materials; adding chemical substances other than food additives or other substances that may endanger human health to food; producing or selling food and complementary food specifically for infants, young children, and other specific groups whose nutritional content fails to meet food safety standards; producing or selling food with added drugs; producing or selling meat and meat products from poultry, livestock, or aquatic animals that died of disease, poisoning, or unknown causes; producing or selling meat that was not subject to quarantine inspection as required or that failed quarantine inspection; producing or selling food expressly prohibited by the State for special disease-prevention or other special needs;

(3) Producing or selling food or food additives that contain pathogenic microorganisms, or substances exceeding the safety standard limits for agricultural chemical residues, veterinary drug residues, biological toxins, heavy metals, or other substances harmful to human health; producing or selling food or food additives produced using expired food raw materials or food additives; producing or selling health food, food for special medical purposes, or infant formula milk powder that has not been registered as required, or that is produced inconsistently with the registered product formula, production process, or other technical requirements; producing or selling food whose labels or instructions contain false content or involve disease prevention or treatment functions; affixing labels or issuing instructions for non-health food products that claim such products have health functions;

(4) Other acts in violation of food safety laws and administrative regulations that seriously endanger the physical health and life safety of the people.


Article 5 Where a party commits any of the following violations in the fields of pharmaceuticals, medical devices, or cosmetics, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List:

(1) Producing or selling counterfeit or substandard drugs; illegally producing or selling drugs subject to special State management requirements (including vaccines); producing, importing, or selling drugs (including vaccines) without obtaining the required drug approval documents;

(2) Producing or selling Class II or Class III medical devices that have not been registered;

(3) Producing or selling cosmetics with illegally added substances that may endanger human health;

(4) Other acts in violation of laws and administrative regulations on pharmaceuticals, medical devices, or cosmetics that seriously endanger the physical health and life safety of the people.


Article 6 Where a party commits any of the following violations in the field of quality and safety, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List:

(1) Producing, selling, leasing, or using special equipment that has not obtained a production license, has been expressly eliminated by the State, has been scrapped, has not undergone inspection, or has failed inspection; knowingly failing to immediately cease production and initiate a recall upon discovering an identical defect in special equipment; filling mobile pressure vessels or gas cylinders that do not meet the requirements of safety technical specifications;

(2) Producing or selling products that fail to meet national standards for safeguarding physical health and life safety; adulterating or counterfeiting products; passing off inferior products as superior; or producing or selling products expressly eliminated by the State;

(3) Failing a product quality supervision spot-check, being publicly announced by a market supervision and administration authority at or above the provincial level, and again failing upon re-inspection after the announcement;

(4) Issuing false or seriously inaccurate inspection, testing, or certification conclusions;

(5) Forging, falsely using, buying, or selling certification marks or other quality marks, or certification certificates; using products listed in the compulsory product certification catalogue for factory shipment, sale, import, or other commercial activities without having undergone certification;

(6) Producing, selling, or using in commercial activities products that are required by law to hold, but do not hold, an industrial product production license;

(7) Other acts in violation of laws and administrative regulations in the field of quality and safety that seriously endanger the physical health and life safety of the people.


Article 7 Where a party commits any of the following violations infringing upon consumers' rights and interests, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List:

(1) Infringing upon consumers' right to personal dignity and the right to have personal information protected in accordance with law;

(2) Manufacturing, selling, or using measuring instruments intended to deceive consumers;

(3) Refusing or delaying the implementation of a defective product recall after being ordered to carry out such recall;

(4) Other acts in violation of laws and administrative regulations that seriously infringe upon consumers' rights and interests.


Article 8 Where a party commits any of the following violations that undermine fair competition or disrupt market order, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List:

(1) Acts of unfair competition that seriously undermine fair competition, including commercial bribery, infringement of trade secrets, commercial disparagement, and organizing fictitious transactions;

(2) Willful infringement of intellectual property rights; filing abnormal patent applications or malicious trademark registration applications that harm the public interest; engaging in seriously illegal patent or trademark agency conduct;

(3) Failure to comply with price intervention measures or emergency measures adopted in response to emergencies;

(4) Organizing or planning pyramid schemes, or providing facilitation for pyramid schemes;

(5) Publishing false advertisements for goods or services relating to consumers' life and health;

(6) Other acts in violation of laws and administrative regulations that seriously undermine fair competition or disrupt market order.


Article 9 Where a party commits any of the following violations, and such conduct falls within the circumstances provided in Article 3 of these Measures, the party shall be included in the Seriously Illegal and Untrustworthy List:

(1) Engaging in business activities that require licenses other than those provided under Articles 4 through 8 of these Measures without obtaining such licenses as required by law;

(2) Submitting false materials or concealing important facts by other means to obtain an administrative license or business entity registration, or forging, altering, renting out, lending, or transferring licenses or business licenses;

(3) Refusing, obstructing, or interfering with supervisory inspections or accident investigations conducted by market supervision and administration authorities in accordance with law.


Article 10 Where a party falls under any of the following circumstances, the market supervision and administration authority shall, in accordance with these Measures, include the party in the Seriously Illegal and Untrustworthy List, publish such information through the National Enterprise Credit Information Publicity System, and implement corresponding management measures:

(1) Concealing the truth or engaging in fraud in connection with information disclosed by an enterprise, with serious circumstances;

(2) After a market supervision and administration authority has made an administrative penalty, administrative adjudication, or other administrative decision, the party refuses to perform and is unable to prove that it has no capacity to perform, or evades enforcement.


Article 11 When a market supervision and administration authority determines whether a violation is egregious in nature, serious in circumstances, or substantially harmful to society, it shall comprehensively consider factors including: subjective fault, frequency of violations, duration, type of penalty, amount of fines and confiscations, value of goods, amount of illegal business revenue, and harm to the life and property safety, physical health, national security, public safety, or social order of the people.

Where a party produces sufficient evidence to demonstrate that the conduct was not subjectively intentional, the party shall not be included in the Seriously Illegal and Untrustworthy List.


Article 12 After the case review or legal review has been completed, where the case-handling unit of a market supervision and administration authority determines that an administrative penalty respondent meets the conditions for inclusion in the Seriously Illegal and Untrustworthy List as provided under Articles 4 through 9 and Article 10(1) of these Measures, it shall promptly notify the unit responsible for credit supervision functions (hereinafter "Credit Supervision Unit").

The Credit Supervision Unit shall, within three working days of receiving the notification, submit its opinion on whether to include the party in the Seriously Illegal and Untrustworthy List and provide feedback to the case-handling unit.

The case-handling unit and the Credit Supervision Unit of the market supervision and administration authority shall strengthen coordination and information sharing. Where the Credit Supervision Unit discovers circumstances referred to in Article 10(1) of these Measures in the course of spot-checking enterprise disclosed information or other work, it shall promptly notify the case-handling unit.


Article 13 Where an administrative penalty is to be imposed together with inclusion in the Seriously Illegal and Untrustworthy List, the market supervision and administration authority shall, through the administrative penalty notice, simultaneously notify the party of the proposed decision to include it in the List, together with the grounds and basis for inclusion, a reminder of the applicable disciplinary measures, and the channels and time limits for raising objections. Where the party raises no objection within five working days of service of the notice, it shall be deemed to have no objection.

Where the party raises no objection, the market supervision and administration authority shall make the decision to include the party in the Seriously Illegal and Untrustworthy List concurrently with the administrative penalty decision. The inclusion decision shall set out the grounds and basis for inclusion, a reminder of the applicable disciplinary measures, the conditions and procedures for removal from the List, and available remedies.


Article 14 Where a party raises an objection to a proposed decision to include it in the Seriously Illegal and Untrustworthy List, the market supervision and administration authority shall promptly conduct a review. The specific review shall be carried out by the Credit Supervision Unit. If, upon review, the objection is found to be valid, the party shall not be included in the List; if the objection is found to be invalid, the market supervision and administration authority shall make the inclusion decision concurrently with the administrative penalty decision.

Where the review cannot be completed within the case-handling time limit due to complexity or other reasons, the time limit may be extended with the approval of the head of the market supervision and administration authority, and the party shall be notified of the extended reasonable time limit. If, upon review, the objection is found to be valid, the party shall not be included in the List and shall be so notified; if the objection is found to be invalid, a separate decision to include the party in the Seriously Illegal and Untrustworthy List shall be made with the approval of the head of the market supervision and administration authority and served on the party in accordance with law.


Article 15 Where the case-handling unit or other relevant units of a market supervision and administration authority determine that a party falls under the circumstances provided in Article 10(2) of these Measures, they shall promptly notify the Credit Supervision Unit with the relevant evidentiary materials. The Credit Supervision Unit shall promptly submit its opinion on whether to include the party in the List. With the approval of the head of the market supervision and administration authority, the procedures provided under Articles 13 and 14 of these Measures — including notification of the proposed inclusion decision and handling of the party's objections — shall be followed by reference. Where the party raises an objection and, upon review, the objection is found to be valid, the party shall not be included in the List and shall be so notified; where the party raises no objection, or raises an objection that upon review is found to be invalid, a separate decision to include the party in the Seriously Illegal and Untrustworthy List shall be made with the approval of the head of the market supervision and administration authority and served on the party in accordance with law.


Article 16 Where the market supervision and administration authority that made the inclusion decision and the party's place of registration (or domicile) are within the same province, autonomous region, or directly administered municipality, the authority shall publish the relevant information through the National Enterprise Credit Information Publicity System within twenty working days of making the decision.

Where the market supervision and administration authority that made the inclusion decision and the party's place of registration (or domicile) are not in the same province, autonomous region, or directly administered municipality, the authority shall, within ten working days of making the decision, transmit the Seriously Illegal and Untrustworthy List information to the market supervision and administration authority of the party's place of registration (or domicile), which shall assist in publishing such information through the National Enterprise Credit Information Publicity System within ten working days of receipt.


Article 17 Where a market supervision and administration authority receives an effective court judgment or other legal instrument issued by a people's court, pursuant to which management measures for inclusion in the Seriously Illegal and Untrustworthy List are to be taken against the relevant party in accordance with the provisions of laws, regulations, and policy documents of the Party Central Committee and the State Council, the relevant provisions of these Measures shall apply by reference.


Article 18 Market supervision and administration authorities shall implement the following management measures against parties included in the Seriously Illegal and Untrustworthy List:

(1) In accordance with laws, administrative regulations, and policy documents of the Party Central Committee and the State Council, treat such inclusion as an important consideration when reviewing administrative licenses, qualifications, credentials, government procurement project assignments, and engineering bidding and tendering;

(2) Designate such parties as key supervisory targets, increase the frequency of inspections, and apply strict supervision in accordance with law;

(3) Not apply the commitment-based approval system;

(4) Not confer honorary titles or other commendations and awards from market supervision and administration authorities;

(5) Other management measures prescribed by laws, administrative regulations, and policy documents of the Party Central Committee and the State Council.


Article 19 Market supervision and administration authorities shall, in accordance with applicable requirements, share Seriously Illegal and Untrustworthy List information through the National Credit Information Sharing Platform and with other relevant authorities, and shall implement joint disciplinary measures in accordance with laws, administrative regulations, and policy documents of the Party Central Committee and the State Council.


Article 20 Where the administrative penalty on which inclusion in the Seriously Illegal and Untrustworthy List was based has been revoked, declared unlawful, or declared invalid, and the party no longer meets the conditions for inclusion, the market supervision and administration authority shall, within three working days, revoke its inclusion decision, cease publication of the relevant information, and lift the related management measures in accordance with law.


Article 21 The conditions and procedures for the removal of a party from the Seriously Illegal and Untrustworthy List shall be governed by the Measures for the Administration of Credit Repair under Market Supervision and Administration.


Article 22 A party that objects to a decision to include or remove it from the Seriously Illegal and Untrustworthy List or to other related decisions may apply for administrative reconsideration or institute administrative litigation in accordance with law.


Article 23 The service of relevant instruments prescribed under these Measures shall be carried out in accordance with the Provisions on Administrative Penalty Procedures under Market Supervision and Administration.


Article 24 Market supervision and administration authorities and their staff members shall maintain confidentiality, in accordance with law, with respect to State secrets, trade secrets, and personal privacy that come to their knowledge in the course of their work.


Article 25 These Measures shall apply to the administration of Seriously Illegal and Untrustworthy Lists by pharmaceutical supervision and administration authorities.


Article 26 These Measures shall come into force on July 15, 2026. The Measures for the Administration of Seriously Illegal and Untrustworthy Lists under Market Supervision and Administration, promulgated by Order No. 44 of the State Administration for Market Regulation on July 30, 2021, are hereby repealed simultaneously.