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Product Quality Law China

                                                      Date:2006-09-09

Product Quality Law China

Chapter I General Provisions

In order to strengthen supervision and management of product quality, improve product quality, and clarify the responsibility for product quality, protect consumers' legitimate rights and interests of social and economic order, development of this law.
Article in the PRC engaged in production and sales activities must comply with this law. This law is a processed product, production, products for sale. Construction does not apply the provisions of this Law; However, the use of construction materials, building components and equipment, the range of products belonging to the preceding paragraph, the applicable provisions of this Law.
Article producers, sellers should establish a sound internal quality management system, strict implementation of job quality standards, quality, responsibility and the corresponding evaluation methods.

Article producers and sellers in accordance with the provisions of this Act take responsibility for product quality.

Forgery or fraudulent use of Article V prohibits the quality certification marks and other signs; prohibit the origin of counterfeit products, counterfeiting or fraudulent use of another person's name and address; prohibit the production and sale of products adulterated or impurities, seq charged.

The State encourages the implementation of scientific quality management methods, the use of advanced science and technology, encourage enterprises to meet and exceed industry quality standards, national and international standards. Advanced product quality control and product quality reaches the international advanced level, the results significant units and individuals will be awarded.

Article governments at all levels to improve product quality should be incorporated into national economic and social development planning, work to strengthen the overall planning, product quality and organizational leadership, guidance, supervision and sellers to enhance product quality, improve product quality, the Organization relevant law to take measures to stop production and sales in violation of provisions of this law so as to protect the implementation of this Law.

Article VIII of the State Council department in charge of national product quality supervision and quality monitoring. State authorities in their respective areas of responsibility for product quality supervision. Above the county level product quality supervision department in charge of the administrative area of ​​product quality supervision. Local people's governments above the county level in their respective areas of responsibility for product quality supervision. Law on product quality supervision department as otherwise provided, in accordance with relevant laws and regulations.

Article IX governments at all levels of staff and other state personnel shall not abuse, neglect of duty or favoritism, cover, indulge in this region, the system occurred in production and sales in violation of the provisions of the act, or obstruct or interfere according to the production and sale in violation of this law the conduct of investigation. Local people's governments at all levels, and other state organs have harbored, indulgent products, sales in the conduct of violation of this Law shall be prosecuted for the main person in charge of legal responsibility.

Article 10 Any unit or individual the right to act in violation of the provisions of this Law, product quality supervision department to other departments or prosecution. Product quality supervision departments and relevant departments shall keep confidential, in accordance with provinces, autonomous regions and municipalities are provided with incentives.

Article 11 Any unit or individual may exclude non-regional or non-production quality of the system of qualified products to enter the region, the system.

Chapter product quality supervision

Article XII of the product quality should be inspected, the product may not be as qualified substandard products.

Article XIII may endanger human health and personal and property safety of industrial products must meet to protect human health and personal and property safety of the national standards, industry standards; not established national standards, industry standards, protection of human health and must meet the physical, property safety. Prohibit the production, sales do not meet the protection of human health and personal and property safety standards and requirements of industrial products. Specific management practices by the State Council.

Article 14 The State management according to internationally accepted quality standards, the implementation of quality system certification system. Companies on a voluntary basis to the product quality supervision department of the State Council or the State Council approved the product quality supervision department authorized the department recognized certification body for quality system certification. Been certified by the certification body of quality system certification. National reference to international advanced product standards and technical requirements, the implementation of quality certification system. Companies on a voluntary basis to the product quality supervision department of the State Council or the State Council approved the product quality supervision department authorized the department recognized certification body for quality certification. Been certified by the certification body product quality certification, allowing companies to use the product or its packaging product quality certification mark.

Article 15 The State of product quality checks as the main way to implement a supervision and inspection system, which may endanger human health and personal and property safety, affect the national economy and an important industrial and consumer products, the organization reflects the quality of the product checks. Random sample should be in the market or the corporate warehouse finished products to be sold at random. Supervision and inspection by the State Council's product quality supervision department planning and organization. Above the county level product quality supervision department in the administrative area can also organize supervision and inspection. Law on product quality supervision and inspection as otherwise provided, in accordance with relevant laws and regulations. National supervision inspection of the product, shall not be repeated where sample; superior supervision and checking of the products, shall not be lower repeat sampling. According to the needs of supervision and spot checks, the product can be tested. Test sample of the test shall not exceed the reasonable needs and not to collect the inspection fee to be checked. Supervision and checking of the required inspection fee charged by the State Council. Producers, sellers on the spot test results have objections from the receipt of test results within fifteen days from the date of implementation of supervision and checking of product quality supervision department or its superior product quality supervision departments for re-examination, re-examination by the receiving of product quality supervision department to re-inspection findings.

Article XVI of the law for product quality supervision and inspection, producers, sellers can not refuse.

In accordance with the provisions of this Law, Article XVII of product quality supervision and spot checks fail, the implementation of the supervision and checking of product quality supervision department shall order the producers and sellers within a time limit. Fails to do so by the provincial people's government shall be announced product quality supervision department; announcement by the review still failed, ordered to suspend business, time limit for rectification; consolidation after the expiration of product quality by the review still failed, their business licenses. Supervision and checking of the product has serious quality problems, in accordance with the relevant provisions of Chapter V of this Act penalties.

Article 18 of the product quality supervision departments above the county level has been achieved under the suspicion of illegal evidence or report of suspected violation of this law the conduct of investigation, you can exercise the following powers:

(A) in violation of the provisions of the parties alleged production and sales activities, implementation of on-site inspection of premises;

(B) the legal representative of the party, is responsible for survey and other relevant personnel to understand the suspected violation of this Law with the production and sale of the situation;

(C) to inspect, copy the relevant parties to the contract, invoices, books of account and other relevant information;

(D) to have to believe that do not meet the protection of human health and personal and property safety of the national standards, industry-standard products or have other serious quality problems of products, as well as directly for the production and sale of the products, raw materials, packaging materials, production tools,

Be seized or detained.

Industrial and commercial administrative departments above the county level in accordance with the responsibilities of the State Council on the alleged violation of this law when the conduct of investigation, may exercise the powers under the preceding paragraph.

Article 19 Product quality inspection institutions must have the appropriate testing conditions and capabilities, the provincial people's governments above the product quality supervision department or its authorized department after passing the examination, before commitment to product quality inspection. Laws and administrative regulations on product quality inspection institutions as otherwise provided, in accordance with relevant laws and administrative regulations shall apply.

Diershitiao in product quality inspection, certification must be legally established social intermediary organizations, not with the executive and other organs subordinate relationship exists, or other interests.

Article a product quality inspection bodies, certification bodies are required by law in accordance with relevant standards, objective and impartial test results or certificate issued to prove. Product quality certification body in accordance with national regulations should be allowed to use the certification mark for products certified follow-up examination; do not meet certification standards and the use of certification marks, requiring correction; the circumstances are serious, the abolition of the use of certification marks qualifications.

Article 22 The consumer is entitled to product quality, to the producers, sellers inquiry; to product quality supervision department, the administrative department for industry and commerce and relevant complaint, the department shall be responsible for receiving complaints handling.

Article 23 of the consumer protection society organizations to reflect on consumer product quality problems suggest the department concerned is responsible for processing, support of consumer product quality damage due to the people's court.

Article 24 The State Council and the provinces, autonomous regions and municipalities of the product quality supervision department shall periodically publish its supervision and inspection of product quality status announcement.

Article 25 Product quality supervision departments or other state agencies and product quality inspection agency shall recommend to the producers of the products of society; not to the product producer, monitor, etc. involved in product marketing and business activities.

Chapter producers, sellers of products liability and obligations

Section producer of quality responsibilities and obligations

Article 26 Producers shall be responsible for the quality of its products.

Product quality must meet the following requirements:

(A) does not exist jeopardize personal and property safety of unreasonable risk, guaranteed health and personal and property safety of the national standards, industry standards, shall meet the standards;

(B) have the product should have the property, but the existence of product performance defects, except to note;

(C) comply with the product or its packaging marked on the product standards, compliance with product description, physical samples showed that the quality of the state.

Article 27 of the product or its packaging must be true identity and meet the following requirements:

(A) the product quality inspection certificate;

(B) Chinese marked the product name, manufacturer name and address;

(C) according to the characteristics and requirements, need to indicate the product size, grade, contains the main ingredients of the name and content, to be marked accordingly with the Chinese; need for consumers to know in advance, it should be marked on the packaging or pre- to provide consumers with relevant information;

(D) limit the use of the product should be in a prominent position clearly indicate the production date and safe use period or expiration date;

(E) improper use, or likely to cause damage to the product itself may endanger the personal and property safety of the product, there should be warning signs or warning specifications in Chinese. Bare of food and other products based on the characteristics of the bare hard to identify additional products, additional products may not be identified.

Article 28 The fragile, flammable, explosive, toxic, corrosive, radioactive and other hazardous materials, and storage can not be inverted, and other special requirements of the product, its packaging must comply with the requirements of quality, in accordance with relevant state regulations Chinese warning to warning signs or instructions, indicating the storage and transportation considerations.

Article 29 A producer shall not produce the obsolete products.

Article 30 shall not be falsifying the origin of the producer, not forged or somebody else's name and address.

第三十一条 certified producer may forge or falsely mark and other quality marks.

Article 32 producers to produce products, not adulterated, no impurities, shoddy, substandard products may not be as qualified products.

Section sellers of products liability and obligations

Article 33 The seller shall establish and implement inspection and acceptance system for purchase, verification of certificates and other identification products.

Article 34 The seller shall take measures to maintain the quality of the product sales.

Article 35 The seller may not sell the obsolete and stop selling the products and failure, deterioration of the product.

Article 36 of the sellers sell the product identification shall comply with the provisions of Article 27 of this Law.

Article 37 The seller shall not be falsifying the origin, not forged or somebody else's name and address.

Article 38 The seller shall not be forged or fraudulent use of quality certification marks and other signs.

Article 39 of the sellers sell their products, not adulterated, no impurities, shoddy, substandard products may not be as qualified products.

Chapter damages

Article 40 of the products sold in the following circumstances, the seller shall be responsible for repair, replacement or return; to the damage caused consumers to purchase products, the seller shall compensate for the loss:

(A) does not have the product should have the property was no advance instructions;

(B) does not comply with the product or its packaging marked on the product standards;

(C) does not comply with product description, physical samples showed that the quality of the state.

Sellers in accordance with the preceding paragraph is responsible for repair, replacement, return, compensation for losses, the responsibility of the producer or seller is to provide products of other sellers (hereinafter referred to as the supplier) the responsibility of, the seller shall be entitled to production by the supplier recovery.

Sales were not given in accordance with the provisions of paragraph repair, replacement, return or compensation for losses, the product quality supervision department or industrial and commercial administrative department shall order rectification.

Among producers, sellers, between producers and sellers of contract of sale entered into between, there are different contract contract agreement, the parties to the contract in accordance with the contract execution.

Article 41 a defective product causes personal, property other than the defective product (hereinafter referred to another person's property) damage, the producer shall be liable for damages.

Producers can prove the following circumstances, do not assume liability:

(A) is not the product into circulation;

(B) the product into circulation, causing damage to the defect did not exist;

(C) the product into circulation, the level of science and technology not yet discovered the defect.

Article 42 of the sellers fault due to a defective product, resulting in personal, other property damage, the seller shall be liable for damages.

Sales by producers of defective products can not be specified not specified who supply defective products, the seller shall be liable for damages.

Article 43 due to a defective product causes personal injury to property damage, the victim can seek compensation to the producers of the product, you can sell products to seek compensation. Are the product of producer responsibility, product sales were compensation, product sales were entitled to recover the product manufacturer. Seller of the product are the responsibility of the producers of compensation, the producers have the right to recover the seller of the product.

Article 44 due to a defective product causes personal injury victims, compensation for medical expenses against shall, during treatment care, reduced income due to loss of working time and other expenses; cause of disability, those living with disabilities should also be paid a fee self-help, living allowance, disability compensation and dependency of people by living and other expenses necessary; cause death of the victim, and should pay the funeral expenses, death compensation, and dependents of the deceased person by the necessary living expenses.

The victim because of a defective product causes property damage, restitution against the person or the discount should be compensation. The victim suffers other great losses, damages against the person should be.

Article 45 due to a defective product causes damage claims statute of limitations period of two years, since the parties know or should know when their rights are being infringed from the calculation.

Due to a defective product causes damage to seek compensation claim, damage of defects in the delivery of the first consumer products for ten years lost; but not more than express the safe use of the excluded.

Defects referred to Article 46 of this Law, refers to the product exist jeopardize personal and property safety of others unreasonable risk; products to protect human health and personal and property safety of the national standards, industry standards, is inconsistent with the standard .

Article 47 The quality of the product occurred in civil disputes, the parties through consultation or mediation. Parties do not want, through consultation, mediation or negotiation, mediation fails, according to the agreement the parties to the arbitration body for arbitration; the parties failed to reach an arbitration agreement or arbitration agreement is invalid, directly to the people's court.

Article 48 The arbitration organization or people's court may entrust the provisions of Article 19 of this Law, product quality inspection institutions, the quality of the products tested.

Chapter V Penalty

Article 49 production, sales do not meet the protection of human health and personal and property safety of the national standards, industry-standard products, and ordered to stop production, sales, confiscate the illegal production and sale of products, impose illegal production and sale of products (including sold and unsold products, the same below) for more than three times the value of the equivalent amount of a fine; the illegal income shall be confiscated; the circumstances are serious, their business licenses suspended; constitutes a crime shall be investigated criminal responsibility.

Article 50 in the product adulterated, impurities, shoddy or substandard products as qualified products, and ordered to stop production, sales, confiscate the illegal production and sale of products, impose illegal production, value of the products sold three times more than 50 percent fine; the illegal income shall be confiscated; the circumstances are serious, their business licenses suspended; constitute a crime, be held criminally responsible.

第五十一条 production of the obsolete products, sales of the obsolete and stop selling the products, and ordered to stop production, sales, confiscate the illegal production and sale of products, impose illegal production and sale of the following equivalent value of the products fine; the illegal income shall be confiscated; the circumstances are serious, their business licenses suspended.

Article 52 The sales failure, deterioration of products, and ordered to stop selling, confiscate the illegal sale of products, impose illegal sales twice the value of the products shall be imposed; the illegal income shall be confiscated; serious , revoke the business license; constitute a crime shall be held criminally responsible.

Article 53 of the origin of counterfeit products, counterfeiting or fraudulent use of the name and address, and forgery or fraudulent use of certification marks and other quality marks, and ordered to make corrections, confiscate the illegal production and sale of products, impose illegal production and sale of products goods value equivalent amount shall be imposed; the illegal income shall be confiscated; the circumstances are serious, their business licenses suspended.

Article 54 identifies the product does not meet the provisions of Article 27 of this Law shall be ordered to correct; a packaged product identification does not meet this Law Article 27 (d), (e) provides that the circumstances are serious, ordered to stop production, sales, and impose illegal production and sale of 30 percent less value of the products of a fine; the illegal income shall be confiscated.

Article 55 of the sellers sell to Article 49 of this Law Article 53 to prohibit the sale of products, there is sufficient evidence to prove that the product is not to prohibit the sale of products and misrepresented the source of their purchase, may be lighter or mitigation of punishment.

Article 56 shall be refused to accept the product quality supervision and inspection, to give a warning, ordered to make corrections; refuse to correct, be ordered to suspend business for rectification; particularly serious, their business licenses suspended.

Article 57 Product quality inspection bodies, certification bodies forged test results or false certification shall be ordered to correct, the unit five million yuan 100,000 yuan fine, the directly responsible person in charge and other directly responsible personnel at a 50,000 yuan shall be imposed; the illegal income shall be confiscated; the circumstances are serious, to cancel the inspection qualification, certification; constitute a crime, be held criminally responsible.

Product quality inspection bodies, certification bodies issued false test results or evidence, resulting in the loss, it shall bear the corresponding liability; cause significant losses to revoke its qualification testing, certification.

Product quality certification institution violates the provisions of Article 21 second paragraph, do not meet certification standards and product certification mark use, not required by law to correct or cancel the use of its certification mark status of the product does not meet the certification standards losses to consumers, and producers, sellers jointly and severally liable; serious cases, revocation of its certification.

Article 58 social groups, social intermediary organizations make a commitment to product quality, warranties, and the product not in compliance with its commitment to ensure the quality requirements, resulting in the loss to consumers, and producers, sellers jointly and severally liable .

Article 59 The quality of the product in the ad as false propaganda to deceive and mislead consumers, in accordance with the "PRC Advertising Law" shall be investigated for legal responsibility.

Article 60 specifically for the production of producers with Article 49 of this Law, Article 51 of the listed products or impurities of raw materials, products, packaging, production tools, shall be confiscated.

第六十一条 knows or should know is this law banning the production and sale of products to provide transportation, storage, warehousing and other facilities, or for the impurities of the product counterfeiting and production technology, the confiscation of all transportation, storage, warehousing or production technology to provide fake income, and impose more than 50 percent three times the illegal income shall be imposed; constitute a crime, be held criminally responsible.

Article 62 of the service industry will be to Article 49 of this Law Article 52 to prohibit the sale of products used in commercial service, ordered to stop using; right to know or should know that the products are using the provisions of this Law prohibit the sale of products, in accordance with illegal use of products (including used and unused product) of the value of the amount, the sales in accordance with this Law shall be punished by penalties.

Article 63 of the occult, transfer, sale, damaged by the product quality supervision departments or the administrative department seized or detained goods, office was hiding, transferring, selling, damage items more than three times the value of the equivalent amount of a fine; the illegal income, shall be confiscated.

Violation of Article 64 of this Law, shall bear civil liability and payment of fines, penalties, while the property is insufficient to pay, the first civil liability.

Article 65 The people's governments at all levels of staff and other state personnel, one of the following circumstances shall be given administrative sanctions; crime is constituted, criminal responsibility shall be:

(A) shield, indulgent products, sales in violation of this Law act;

(B) in violation of this Law to the production and sale activities of the parties tipped off to help them evade the investigation;

(C) obstruct or interfere with product quality supervision department of industry and commerce administrative department production and sales in violation of this law the conduct of investigation, resulting in serious consequences.

Article 66 Product quality supervision departments over product quality supervision and spot checks in the required number of samples obtained were to be inspected or inspection fees charged by the higher product quality supervision department or the supervisory authorities order him to return; the circumstances are serious, the directly responsible executive officers and other persons directly responsible shall be given administrative sanctions.

Article 67 of the product quality supervision department or other state agencies violate the provisions of Article 25 of this Law, in recommending the product or the producer to producer, monitor, etc. involved in product marketing and business activities by its superior organ or the supervisory authority ordered to correct, eliminate, the illegal income shall be confiscated; serious cases, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions.

Product quality inspection institutions aforementioned violations, the product quality supervision department shall order corrective action to eliminate the effects of the illegal income confiscated, and may impose a fine of not less illegal income doubled; serious cases, revocation of its quality inspection qualifications.

Article 68 Product quality supervision departments or the administrative department of staff abuse, dereliction of duty, such person commits a crime shall be investigated for criminal responsibility; not constitute a crime shall be given administrative sanctions.

Article 69 of violence or threats to obstruct or product quality supervision department of industrial and commercial administration department staff from performing their duties, be held criminally responsible; refused, did not hinder the use of violence or intimidation by the public security organs in accordance with law and order and punishment Ordinance shall be punished.

Article 70 The provisions of this law revoked the business license of the administrative penalty decision by the administrative department for industry and commerce, Article 49 of this Law to Article 57, Article 60 to Article 63 of the administrative penalty, or by the product quality supervision department industrial and commercial administration department under the State Council in accordance with terms of reference for decision. Laws and administrative regulations on the exercise of the right of administrative penalty authority otherwise provided, in accordance with relevant laws and administrative regulations shall apply.

Article 71 provides for the confiscation of the products in accordance with this Law, be destroyed in accordance with relevant state regulations or take other manner.

Article 72 of this Law Article 49 to Article 54, Article 62, Article 63 of the value of the amount required to illegal production and sale of the product list price; not priced according to market similar products prices.

Chapter VI Supplementary Provisions

Article 73 military product quality supervision and management measures by the State Council, Central Military Commission will be forthcoming.

Due to nuclear facilities, nuclear damage caused by product liability laws, administrative regulations, in accordance with its provisions.

Article 74 This Law September 1, 1993 shall come into force.

 

  

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