(February 22, 1993 the Seventh National People's Congress Standing Committee of the 30th Session) (Based on July 8, 2000 Ninth National People's Congress Standing Committee of the 16th session "Amend <PRC Product Quality Law" decision "amended) -------------------------------------------------- ------------------------------ General Provisions The second chapter product quality supervision The third chapter producers and sellers of product quality responsibilities and obligations Section I of the product quality producer responsibility and obligation Section II of the sale of product quality responsibilities and obligations The fourth chapter damages The fifth chapter penalties Chapter VI. General Provisions The first of the products in order to strengthen the quality of supervision and management, improving the quality of products, product quality clear responsibility to protect the legitimate rights and interests of consumers, maintaining social and economic order, and the enactment of the law. The second of the People's Republic of China to engage in production and sales activities must abide by this law. This law refers to products through processing, production, sales for the products. Construction does not apply the provisions of this Law; However, the use of construction materials, construction items and equipment that in the aforementioned range of products, the applicable provisions of this Law. The third of the producers and sellers should establish a sound internal product quality management system and strict implementation of quality standards posts, and the corresponding responsibility for quality assessment methods. The fourth of the producers and sellers in accordance with the provisions of this Law assume responsibility for product quality. Fifth prohibits false or fraudulent use of a quality certification mark symbol; Against the origin of counterfeit products, forgery or fraudulent use of another person's authorization, the site; To prohibit the production and sale of products doping, sell yourself losses. The sixth of the country to encourage science and the quality of management methods, the application of advanced science and technology, and encourage enterprises and the quality of products reached more than industry standards, national standards and international standards. Right advanced product quality management and product quality to meet international advanced level, marked results in the units and individuals will be awarded. The seventh of the people's governments at all levels should improve the quality of products included in the national economic and social development plan to enhance product quality integrated planning and organizational leadership, guidance, supervision and producers and sellers to enhance product quality management, improve product quality, all departments concerned to take measures to stop production, sale violated the provisions of this law and protect the purposes of this Act. The eighth of the Chinese product quality supervision departments in charge of the National product quality supervision. State Council departments in their respective duties within the scope of product quality supervision. County-level and higher product quality supervision departments in charge of the administrative area of product quality supervision. Local governments above the county level departments of the respective terms of reference for product quality supervision. The law on product quality supervision departments as otherwise provided in accordance with the relevant laws and regulations. Article 9 of governments at all levels of staff and other state organs and personnel shall not abuse of power, negligence or corrupt, shielding, indulge in the region, the system of production and marketing in violation of the provisions of this Law, or to obstruct and interfere with the law of production, sales contrary to the provisions of this law to investigate this case. Local people's governments at all levels and other state organs are shielded indulgent product sales violated provisions of this law, is to be held mainly responsible for the legal responsibility. Article 10 All units and individuals have the right to violate the provisions of this law, to product quality supervision departments or other relevant reports. Product quality supervision departments and the departments concerned should be confidential informants, and the provincial, autonomous regional and municipal governments, the provisions of the award. Article 11 All units and individuals are not allowed to repel the areas of the system or the non-production of a quality product to enter the region, the system. The second chapter product quality supervision Article 12 of the quality of products should be tested qualified, unqualified products may not pretending to be qualified products. Article 13 could endanger human health and personal and property safety of industrial products must meet to protect human health and personal and property security of the country's industry standards; No national standards, industry standards, must comply with the protection of human health and personal and property safety requirements. A ban on the production, sales do not meet health and the protection of human life, property or safety standards and requirements for industrial products. Specific management practices by the State Council. Article 14 of the state based on internationally accepted quality management standards, quality system certification system. Enterprises under the voluntary principles to the State Council, product quality supervision department, or the State Council approved the product quality supervision departments authorized by the department accredited certification bodies for the quality system certification. Qualified accredited by the accreditation body awarded Quality System Certificate. National light of the international advanced product standards and technical requirements for the implementation of product quality certification system. Enterprises under the voluntary principles to the State Council, product quality supervision department, or the State Council approved the product quality supervision departments authorized by the department accredited certification bodies for the product quality certification. Certification by a qualified, issued by certification authorities product quality certification, allowing enterprises in the product or its packaging, the use of product quality certification mark. Article 15 countries to implement a quality product sampling as the major form of supervision and inspection system that could endanger human health and personal and property safety of products and affect the national economy and an important industrial and consumer products, reflecting the quality of the product sample. The sample should be random checks on the market or enterprise storage product sales of products to be random. Spot checks by the State Council product quality supervision departments to plan and organize. County-level and higher product quality supervision departments in the administrative area could also organize supervision inspection. The law on product quality supervision and inspection of the other stipulations, in accordance with the relevant legal regulations. State supervision of product sampling, local otherwise not repeat sampling; Superior supervision inspection products, not further lower repeat sampling. Under the supervision inspection needs, the product can be tested. Test samples collected shall not exceed the amount reasonably necessary for the testing and inspection are not allowed to charge inspection fees. Supervision inspection required inspection fees expenses, in accordance with the stipulations of the State Council. Producers and sellers of sampling test results are disputed, after receiving test results on the 15th day supervision within the sampling product quality supervision departments or higher-level product quality supervision departments for review, a review by the admissibility of product quality supervision departments to review conclusions. Article 16 of the law on product quality supervision and inspection, producers and sellers can not refuse. In accordance with Article 17 of the Act provides for the supervision of product quality sampling fail the sampling supervision by the product quality supervision department ordered its producers and sellers time to correct. The overdue correction, the provincial government over product quality supervision departments to give notice; Notice After review unqualified, to carry on business, the deadline for consolidation. Rectifying review after the expiry of product quality still fail the test, a suspension of business licenses. Supervision inspection products have serious quality problems in accordance with Chapter V of the Act provide for penalties related. Article 18 of county level and above product quality supervision departments has been made under the law of evidence or suspects to report suspected violations of the provisions of this law to investigate, they can exercise the following powers and functions : (1) the parties violate this law for engaging in the production and sales activities of the implementation of on-site inspection sites; (2) to the victim's legal representative, responsible for personnel and other related investigations, understanding, and for engaging in violation of this law on the production, marketing-related activities; (3) to inspect, copy the client contracts, invoices, books and other relevant information; (4) According to a considered incompatible with the protection of human health and life, property or national security standards, industry-standard products, or have other serious quality problems of products, as well as directly for the production, marketing such products raw and auxiliary materials, packaging materials and tools of production, be quarantined or seizure . The county level or above in accordance with the industry and commerce administration departments of the State Council mandate to violate this law for the conduct of investigation, it shall be exercised its functions. The 19th of product quality testing agencies must possess the corresponding conditions and the detection ability of provincial-level people's government above product quality supervision department, or its authorized department after passing the examination, he or product quality inspection. Legal and administrative regulations on product quality testing agencies as otherwise provided in accordance with relevant laws, administrative rules and regulations. 20 to engage in product quality inspection, certification of social intermediary organizations to be legally established, not with the executive authorities and other state organs affiliation or other interests. The 21st of product quality inspection, certification must be in accordance with the law, an objective and fair manner produce test results or certification. Product quality certification agencies should accordance with the national regulations on the use of certification marks, product certification after follow-up examination; Do not conform to certification standards and the use of certification marks, requiring correction; In severe cases, the abolition of the use of certification marks qualifications. Article 22 of the right of consumers on product quality, the products to the producers and sellers inquiries; To product quality supervision departments, industrial and commercial administration departments and departments complaints, to receive complaints department should be responsible for handling. Article 23 of the protection of the interests of consumers of social organization can reflect on the consumer product quality issues relevant departments to deal with proposals to support consumer product quality due to the damage caused to the people's court. The 24th of the State Council and provincial, autonomous regional and municipal governments, the product quality supervision departments should periodically announce its supervision inspection of product quality Notice. The 25th of product quality supervision departments or other state organs, as well as product quality testing social institutions are not allowed to recommend producers of products; Not right products to supervising the production or marketing products participate in the activities. The third chapter producers and sellers of product quality responsibilities and obligations Section I of the product quality producer responsibility and obligation The 26th of the producers on their production responsibility for the quality of products. The quality of products must meet the following requirements : (1) does not endanger the existence of personal and property safety of the unreasonable risk and protect human health and personal and property security of the state standards, industry standards, it should be consistent with the standards; (2) Equipped with the products should have the performance, but for the use of products in the performance explained the flaws except (3) comply with the product or its packaging with the product standards, consistent with the product description, such as physical samples showed the quality. The 27th of the product or its packaging, the logo must be true, and meet the following requirements : (1) product quality testing certification; (2) identify the Chinese name products, and auto production plant site; (3) Based on the characteristics of the products and use requirements for the product specifications indicate, grade, concentrations of the major components of the name and content of the Chinese be labeled accordingly; Consumers need to know in advance, it should be marked on the overpack, or advance to provide consumers with relevant information; ( 4) The deadline for the use of products, it should be in a prominent position clearly marked with the production date and safe life or expiration date; (5) improper use of the product itself easily damaged or likely to endanger life, property or safety of the products, there should be a warning sign or a warning note in Chinese. Bare food and other products based on the characteristics of the labeling is difficult to bare products can be attached product logo. The 28th of the fragile, flammable, explosive, toxic, corrosive, radioactive and other hazardous materials storage and transportation were not inverted and other special requirements of the product, its packaging, quality must comply with the corresponding requirements, in accordance with relevant state regulations to make the warning signs or warning to the Chinese that marked Chu Win note.
The 29th production of producer countries not explicitly eliminated products.
The 30th of the producer shall not counterfeit origin, not forged or fraudulent use of another person's authorization, site.
Producers Article 31 shall not counterfeit or fraudulent use of a quality certification mark symbol.
Article 32 producers manufacture products, not doping, adulterated, not Hollywood, the losses may not unqualified products pretending to be qualified products.
Section II of the sale of product quality responsibilities and obligations
Article 33 sellers should establish and implement a verification system and distribution of checks, verify product certification and other identification.
The 34th of the sellers should take measures to maintain the quality of the products sales.
The 35th of the sellers may not be sold out of state - and stop selling the products and failure and degeneration of products.
Article 36 vendors selling products with the logo should be 27 of the Act provides.
The 37th of the sales were not false origin, not forged or fraudulent use of another person's authorization, site.
The 38th of the sales were not forged or fraudulent use of a quality certification mark symbol.
Article 39 of the sellers to sell the product, not doping, adulterated, not Hollywood, the losses may not unqualified products pretending to be qualified products.
The fourth chapter damages
The 40th of the products sold one of the following cases, the sellers should be responsible for the repair, replacement, returns; For consumers buy products result in losses, sellers should be liable for damages : (1) should not have products with the use of prior performance as stated;
(2) failure to meet the product or its packaging with the product standards;
(3) does not conform to the product description, such as physical samples demonstrated the quality situation.
The seller shall be responsible for the repair, replacement, returns, damages, the responsibility belongs to the producers or sellers is to provide products of other vendors (hereinafter referred to supplier), the responsibility of the seller the right to producers, supplier recovery.
Sales were not in accordance with the first paragraph provides for the repair, replacement, return or compensation for losses, product quality supervision departments of industrial and commercial administration departments or ordered to correct.
Among producers and sellers between producers and sellers of sales contracts entered into between, the projects have different contract agreements, the parties to the contract in accordance with the implementation of the agreement. 41 products by personal shortcomings, defective products other than property (hereinafter referred to other property) damage, producers should bear the liability.
Producers can prove one of the following situations, not liable :
(1) Failure to products put into circulation;
(2) products put into circulation, the damage caused defects that do not yet exist;
(3) products put into circulation at the level of science and technology not yet found the existence of a defect.
Article 42 sales were the fault of defective products, personal and property damage to others, sellers should bear the liability. Sales were not defective products specified by the producer can not specified deficiencies products supplier, sellers should bear the liability.
43 of the existence of a product defect caused the person, damage to property, the victim products to the producer for compensation, will have to sell the products requested compensation. Products belonging to the producer's responsibility, product sales were compensation, product sales were entitled to recover the product manufacturer. Sales of products is the responsibility of the producer compensation products, the product manufacturer the right to sell those products to recover.
The 44th of the existence of a product defect caused bodily harm to the victims, the victims should be compensated for medical expenses, treatment and care services in the period, because of delays, such as loss of revenue; Causes of disability, persons with disabilities should be paid with self-help living expenses, living expenses, disability compensation, as well as its dependency the necessary cost-of-living expenses; caused the victim's death, and should pay funeral expenses, compensation for death and the surviving dependents by the necessary living expenses and other expenses. A product flaws caused property losses of the victims, the victims should be discounted restitution or compensation. The other victims suffered significant losses, the victims should be compensated for losses.
The 45th of the existence of a product defect caused damage to the lawsuit seeks compensation for the period spent in 2002, since the party knows or should know that their rights are being infringed upon the beginning.
A product flaws seeks compensation for damage resulting from the request, the damage caused by defective products delivered consumers first loss for 10 years; However, not more than express the safe use of the exception period.
The 46th alleged shortcomings of the Act, refers to products threatens life, safety and property of others unreasonable risk; Products protection of human health and life, property or national security standards, industry standards, it is not complying with the standards.
Article 47 occurred because of the quality of products civil disputes, the parties can negotiate or mediate a settlement. Reluctance through consultation, conciliation or mediation to succeed, according to the agreement of all parties concerned to arbitration bodies for the arbitration; The parties failed to reach an arbitration agreement or arbitration agreement was invalid, directly to the people's court.
The 48th of arbitration bodies or law can be entrusted to the people's court of the 19th of product quality testing agencies, the quality of the products tested.
The fifth chapter penalties
The 49th production, sales do not meet health and the protection of human life, property or national security standards, industry-standard products, shall be ordered to stop production, sale, confiscation of illegal production and sale of products, in addition to illegal production and sales of products (including a sold and unsold products, the same below) equivalent value of more than three times the amount of a fine; there illegal gain, in addition to confiscation of illegal income; In serious cases, revoke the business license; constitute a crime, to be held criminally responsible.
The 50th of doping products, sell yourself losses, or failed products pretending to be qualified products, and ordered to stop production, sale, confiscation of illegal production and sale of products, in addition to illegal production, the value of domestic sales more than 50% of the amount of three times the following fine; there illegal gain, in addition to confiscation of illegal income; In serious cases, revoke the business license; constitute a crime, to be held criminally responsible.
Article 51 of production out of state-of products, sales of state-out and stop selling the product, and ordered to stop production, sale, confiscation of illegal production and sale of products, in addition to illegal production, the value of domestic sales of the equivalent amount of a fine; There illegal gain, in addition to the confiscation of illicit proceeds; In serious cases, their business licenses suspended.
Failure of the 52nd sales, perishable products, and ordered to stop sales, confiscation of illegal sales of products, in addition to illegal sales value of twice the amount of fines; There illegal gain, in addition to confiscation of illegal income; In serious cases, revoke the business license; Constitute a crime, according to France criminally prosecuted.
53 of the origin of counterfeit products, forgery or impersonation withdrawn, the stock market, forgery or fraudulent use of a quality certification mark signs, and ordered corrective action and confiscation of illegal production and sale of products, in addition to illegal production, the value of domestic sales of the equivalent amount of a fine; With the offense in addition to the confiscation of illicit proceeds; In serious cases, their business licenses suspended.
Marking the 54th of the products do not meet the provisions of Article 27 of this Act, shall be ordered to correct; A logo packaging products do not meet this Law Article 27, paragraph (4), (5), in serious cases, ordered to stop production, sale, in addition to illegal production and sales of products cargo values below 30% the amount of the fine; there illegal gain, in addition to confiscation of illegal income.
The 55th of the sales were sales of this law 49th to the 53rd of the ban on the sale of products, there is sufficient evidence to prove that the product is not to prohibit the sale of products and truthfully its Source, can be given a lesser punishment. The 56th of the refusal to accept the law of product quality supervision and inspection to be given a warning, ordered a correction; Refuse to correct, and ordered to close down; In especially serious cases, suspension of business licenses.
The 57th of product quality testing agencies, certification of falsifying test results or issuing false, shall be ordered to correct the Office 50,000 units over 100,000 yuan fine right directly in charge and other personnel directly responsible for more than 10,000 yuan Office 50,000 fine; There are illegal the addition to the confiscation of illicit proceeds; in severe cases, the cancellation of their examination certifying qualifications; constitute a crime, to be held criminally responsible. Product quality testing agencies, certification issued by the test results or prove inaccurate, resulting in losses, should bear the corresponding liability; Significant losses to remove its inspectors certifying qualifications.
Product quality accreditation agencies violated this law, Article 21, paragraph 2 provides that failure to comply with the accreditation standards and the use of certification marks, products, and the failure to request a correction or cancellation of their eligibility to use the certification mark due to the product does not meet the standards for accreditation to the consumer losses caused by the products and producers, sales were jointly and severally liable; in severe cases, the revocation of its certification.
The 58th of the social groups, social intermediary organizations to make a commitment to product quality, guarantees, but the product does not meet its commitment to ensure that the quality requirements, causing losses to consumers, and product producers and sellers bear joint responsibility.
The 59th of the advertisements on the quality of products for making false propaganda, deception and misleading to the consumer, according to "The People's Republic of China Advertisement Law" provisions held legally accountable.
The 60th of the producers devoted to the production of the 49th of this law, Article 51 of the listed products or products of Hollywood raw and auxiliary materials, packaging materials, production equipment, should be confiscated.
Article 61, knew or should have known the provisions of this Law is to ban the production and sale of its products and provision of transport, storage, warehousing and other facilities, or for yourself the products of the manufacturing and production technology, the confiscation of all the transport, storage, warehousing or production technology for the manufacture of income Those over 50% of revenue and a fine three times; constitute a crime, to be held criminally responsible. Article 62 services will operate 49 of this Act to the 52nd of the ban on the sale of products used for business services, shall be ordered to stop using; Right know, or should know by the use of the product specified in this law is to prohibit the sale of products, in accordance with illegal use of the products (including the use of and yet the use of the products) in the value of the amount, in accordance with this law on sales of punishment for punishment.
Article 63 of hiding, transferring, selling, or damaging product quality supervision departments of industrial and commercial administration departments or attachment, seizure of goods, which was hiding, transferring, selling, and the value of goods damaged more than three times the equivalent amount of a fine; There illegal gain, in addition to confiscation of illegal income . The 64th violation of the provisions of this Law shall bear civil liability and to pay fines, penalties, their property not to pay, first bear civil liability.
The 65th of the governments at all levels of staff and other state organs who have one of the following conditions shall be given administrative punishment; Constitute a crime, to be held criminally responsible :
(1) shielding, indulgent product, sales violated provisions of this Act;
(2) to violate the provisions of this law production, marketing activities of the parties thus help them escape punishment;
(3) block and interfere with the quality supervision departments or industrial and commercial administrative departments according to law, production, sales violated provisions of this law to investigate, resulting in serious consequences.
The 66th of product quality supervision departments in product quality supervision inspection over the amount obtained from the sample to be examined or to collect inspection fees, a higher level of product quality supervision departments or supervisory authorities have ordered refund; In serious cases, the direct responsibility of the competent staff and other personnel under the direct responsibility France given administrative punishment.
The 67th of product quality supervision departments or other state organs violating Article 25 of the Act provides that producers recommend to the community or to the products of supervising the production or marketing products involvement of the business activities by its superior organ or supervisory authorities have ordered corrective action and eliminate, illegal income, I to confiscated; In serious cases, the directly in charge and other personnel directly responsible for the law
Administrative action.
Product quality testing agencies have the offense listed in the preceding article, product quality supervision department ordered corrective action and eliminate, illegal income confiscated, and his illegal income can be doubled a fine In severe cases, the revocation of its quality testing eligibility. The 68th of product quality supervision departments or industry and commerce administration departments of staff abuse of power and dereliction of duty, corrupt, constitute a crime, to be held criminally responsible; But do not constitute a crime, shall be given administrative punishment.
The 69th of the violence, threatening methods hinder product quality supervision departments or industry and commerce administration departments of staff performing duties according to law, is to be held criminally responsible; Rejected, not impede the use of violence, threats of by the public security organs in accordance with the Security Administration Punishment Ordinance provides for punishment.
The 70th of the provisions of this law revoke the business license of administrative punishment by industrial and commercial administration departments decision, the Act of 49th to 57th, 60th to the 63rd of the provisions of the Administrative Punishment by product quality supervision departments or industry and commerce administration departments of the State Council with the terms of reference decided. Legal and administrative regulations on the exercise of the right of administrative penalties provided for in other organs, in accordance with relevant laws, administrative rules and regulations.
In accordance with Article 71 of this Act provides for the confiscation of the products, in accordance with relevant state regulations for the destruction or other disposal.
Article 72 of this Act to the 49th of the 54th, 62nd, 63rd of the value of the rates to illegal production, sales price calculation; Not the price, in accordance with similar products and market prices.
Chapter VI.
Article 73 of military product quality supervision and management methods, and by the State Council, the Central Military Commission enacted separately.
Nuclear facilities, nuclear damage resulting from product liability laws, administrative regulations, as otherwise provided in accordance with its provisions.
Article 74 of the Act since September 1, 1993 has come into effect. |
