table of Contents
Chapter I General Provisions
Chapter II Supervision of Product Quality
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers
Section 1 Producer's Product Quality Responsibilities and Obligations
Section 2 Seller's Product Quality Responsibilities and Obligations
Chapter IV Damages
Chapter 5 Penalties
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to strengthen the supervision and management of product quality, improve product quality, clarify product quality responsibilities, protect consumers' legitimate rights and interests, and maintain social and economic order.
Article 2 This Law must be observed in the production and sale of products within the territory of the People's Republic of China.
The products referred to in this Law refer to products that have been processed, produced and used for sale.
The construction project does not apply to the provisions of this Law; however, the construction materials, building components and equipment used in the construction project are within the scope of the products specified in the preceding paragraph, and the provisions of this Law shall apply.
Article 3 Producers and sellers shall establish and improve internal product quality management systems, and strictly implement job quality standards, quality responsibilities and corresponding assessment methods.
Article 4 Producers and sellers shall bear the responsibility for product quality in accordance with the provisions of this Law.
Article 5 prohibits the forgery or fraudulent use of quality marks such as certification marks; prohibits the origin of counterfeit products, forges or fraudulently uses the names and addresses of others; prohibits the doping or adulteration of products produced or sold, and falsely replenishes them. Filled up.
Article 6 The State encourages the implementation of scientific quality management methods, adopts advanced science and technology, and encourages the quality of enterprise products to meet and exceed industry standards, national standards and international standards.
Reward for units and individuals with advanced product quality management and product quality that have reached the international advanced level and outstanding achievements.
Article 7 The people's governments at all levels shall incorporate product quality improvement into national economic and social development plans, strengthen overall planning and organization of product quality work, guide and urge producers and sellers to strengthen product quality management, improve product quality, and organize All relevant departments shall take measures according to law to stop the violation of the provisions of this Law in the production and sale of products and guarantee the implementation of this Law.
Article 8 The product quality supervision department of the State Council shall be in charge of the supervision of product quality throughout the country. The relevant departments of the State Council are responsible for product quality supervision within their respective areas of responsibility.
The local product quality supervision department at or above the county level shall be in charge of product quality supervision within its administrative area. The relevant departments of the local people's governments at or above the county level shall be responsible for product quality supervision within their respective areas of responsibility.
Where the law provides otherwise for the product quality supervision department, it shall be implemented in accordance with the provisions of relevant laws.
Article 9 Staff members of the people's governments at various levels and staff of other state organs shall not abuse their powers, neglect their duties or engage in malpractices for personal gains, shelter or indulge in the violation of the provisions of this Law in the production or sale of products in the region or the system, or obstruct, Intervene in accordance with the law to investigate and deal with violations of the provisions of this Law in the production and sale of products.
Where local people's governments at various levels and other state organs have harbored or indulged acts that violate the provisions of this Law in the production and sale of products, they shall be held accountable for the legal responsibility of their principal responsible persons.
Article 10 Any unit or individual has the right to report to the product quality supervision department or other relevant departments for violations of the provisions of this Law.
The product quality supervision department and relevant departments shall keep confidential the informant and reward them according to the regulations of the people's government of Sheng Autonomous Region and municipality directly under the Central Government.
Article 11 No unit or individual may exclude quality qualified products produced by non-local or non-system enterprises from entering the region or the system.
Chapter II Supervision of Product Quality
Article 12 The quality of products shall be inspected and qualified, and no qualified products shall be impersonated as qualified products.
Article 13 Industrial products that may endanger human health and personal and property safety must comply with national standards and industry standards that guarantee human health and personal and property safety; if national standards or industry standards are not established, they must comply with human health and personal conditions. , property security requirements.
It is forbidden to produce or sell industrial products that do not meet the standards and requirements for human health and personal and property safety. The specific management measures shall be prescribed by the State Council.
Article 14 The State implements the enterprise quality system certification system in accordance with internationally accepted quality management standards. According to the principle of voluntariness, an enterprise may apply for the enterprise quality system certification to a certification body recognized by the product quality supervision department of the State Council or approved by the department authorized by the product quality supervision department of the State Council. If the certification is qualified, the certification body shall issue the enterprise quality system certification.
The country implements the product quality certification system with reference to international advanced product standards and technical requirements. According to the voluntary principle, an enterprise may apply for product quality certification to a certification body recognized by the product quality supervision department of the State Council or approved by the department authorized by the product quality supervision department of the State Council. If the certification is qualified, the certification body shall issue a product quality certification certificate, which allows the enterprise to use the product quality certification mark on the product or its packaging.
Article 15: The State implements a supervision and inspection system based on spot checks on product quality, products that may endanger human health and personal and property safety, important industrial products that affect national economy and people's livelihood, and products that reflect quality problems among consumers and relevant organizations. Conduct a spot check. The sampled samples shall be randomly selected from the products to be sold in the market or in the finished product warehouse of the enterprise. The supervision and spot checks shall be planned and organized by the product quality supervision department of the State Council. Local product quality supervision departments at or above the county level may also organize supervision and spot checks in their administrative regions. Where the law provides otherwise for the supervision and inspection of product quality, it shall be implemented in accordance with the provisions of relevant laws.
The products supervised by the state for inspection and inspection shall not be repeatedly checked by the local authorities; the products supervised by the higher authorities shall not be repeatedly checked by the subordinates.
According to the needs of the supervision and spot check, the product can be inspected. The quantity of samples to be inspected shall not exceed the reasonable requirements of the inspection, and the inspection fee shall not be charged to the inspected person. The inspection fees required for supervision and random inspection shall be paid in accordance with the provisions of the State Council.
If the producer or seller disagrees with the results of the random inspection, he may apply for re-inspection from the product quality supervision department or its superior product quality supervision department that has implemented the supervision and random inspection within 15 days from the date of receipt of the inspection result. The product quality supervision department made a re-examination conclusion.
Article 16 Producers and sellers shall not refuse to supervise and inspect product quality according to law.
Article 17 If the quality of products subject to supervision and spot checks in accordance with the provisions of this Law is unqualified, the product quality supervision department that conducts supervision and spot checks shall order its producers and sellers to make corrections within a time limit. If it is not corrected within the time limit, it shall be announced by the product quality supervision department of the people's government at or above the provincial level; if it is still unqualified after the announcement, it shall be ordered to suspend business and be rectified within a time limit; if the quality of the product is still unqualified after the expiration of the rectification period, the business license shall be revoked.
If the product under supervision and inspection has serious quality problems, it shall be punished in accordance with the relevant provisions of Chapter V of this Law.
Article 18 The product quality supervision department at or above the county level may exercise the following powers when investigating and arbitrarily investigating suspected violations of the provisions of this Law:
(1) Conducting on-site inspections of places where the parties are suspected of engaging in production or sales activities in violation of this Law;
(2) Investigating and understanding the legal representative, principal responsible person and other relevant personnel of the parties concerned with the circumstances related to the production and sales activities suspected of engaging in violation of this Law;
(3) consulting and copying the relevant contracts, invoices, account books and other relevant materials of the parties;
(4) Products that are based on national standards and industry standards that are considered to be incompatible with the protection of human health and personal and property safety, or products with other serious quality problems, and raw and auxiliary materials and packaging directly used for the production and sale of the product. Goods and production tools shall be sealed up or seized.
The administrative department for industry and commerce at or above the county level may exercise the functions and powers stipulated in the preceding paragraph when investigating and arbitrarily investigating acts suspected of violating the provisions of this Law.
Article 19 The product quality inspection agency must have the corresponding testing conditions and capabilities. After passing the examination of the product quality supervision department of the people's government at or above the provincial level or its authorized department, the product quality inspection work can be undertaken. Where laws and administrative regulations provide otherwise for product quality inspection agencies, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 20 Social intermediary institutions engaged in product quality inspection and certification must be established according to law, and may not have affiliation or other interests with administrative organs and other state organs.
Article 21 Product quality inspection agencies and certification bodies must issue inspection results or certifications in an objective and impartial manner in accordance with relevant standards.
The product quality certification body shall follow the national regulations for the follow-up inspection after the certification of the products that use the certification mark; if the certification mark is used if the certification mark is not met, it shall be corrected; if the circumstances are serious, the qualification for using the certification mark shall be cancelled.
Article 22 Consumers have the right to inquire about the product quality problems, and to the producers and sellers of the products; to appeal to the product quality supervision department, the industrial and commercial administrative department and relevant departments, and the department that accepts the appeal shall be responsible for handling it.
Article 23: Social organizations that protect consumer rights and interests may recommend relevant departments to deal with the quality of products reflected by consumers, and support consumers to sue the people's courts for damage caused by product quality.
Article 24 The product quality supervision department of the State Council and the people's government of the autonomous region or municipality directly under the Central Government shall regularly publish the announcement of the quality status of the products it supervises and checks.
Article 25 The product quality supervision department or other state organs and product quality inspection agencies shall not recommend the producer's products to the society; they shall not participate in product management activities by means of product supervision or supervision.
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers
Section 1 Producer's Product Quality Responsibilities and Obligations
Article 26 Producers shall be responsible for the quality of the products they produce.
Product quality should meet the following requirements:
(1) There is no irrational danger that endangers the safety of the person or property. If there are national standards or industry standards that guarantee human health and personal and property safety, it shall comply with the standard;
(2) Having the performance of the product, except for the description of the product's performance;
(3) Compliance with the product standards indicated on the product or on its packaging, in accordance with the quality conditions indicated by product descriptions, physical samples, etc.
Article 27 The mark on the product or its packaging must be true and meet the following requirements:
(1) Having a product quality inspection certificate;
(2) The name of the product indicated in Chinese, the name of the manufacturer and the address of the factory;
(3) According to the characteristics of the product and the requirements for use, the product specifications, grades, and the names and contents of the main components contained in it shall be marked in Chinese; if it needs to be known to the consumer in advance, it shall be marked on the outer packaging, or Provide relevant information to consumers;
(4) Products that are used within a time limit shall clearly indicate the date of manufacture and the safe use period or expiration date in a prominent position;
(5) If the product is improperly used and the product itself is damaged or may endanger the safety of the person or property, there shall be a warning sign or a Chinese warning statement.
Bare-packed foods and other bare-packed products that are difficult to attach to the logo according to the characteristics of the product may not be labeled with the product.
Article 28: Dangerous goods that are fragile, flammable, explosive, toxic, corrosive, radioactive, and products that cannot be inverted during storage and transportation and other products with special requirements must be in accordance with the relevant requirements. Warning signs or Chinese warning instructions, indicating the precautions for storage and transportation.
Article 29 Producers shall not produce products that are explicitly eliminated by the State.
Article 30 Producers shall not falsify the place of production, and shall not forge or fraudulently use the name or address of another person.
Article 31 Producers shall not forge or fraudulently use quality marks such as certification marks.
Article 32 Producers shall not produce or mix adulteration of products, nor shall they be filled with fakes and shoddy goods, and shall not impersonate qualified products with unqualified products.
Section 2 Seller's Product Quality Responsibilities and Obligations
Article 33 The seller shall establish and implement the purchase inspection and acceptance system, and verify the product qualification certificate and other marks.
Article 34 The seller shall take measures to maintain the quality of the products sold.
Article 35 A seller shall not sell products that have been eliminated and stopped by the state and that have failed or deteriorated.
Article 36 The identification of the products sold by the seller shall comply with the provisions of Article 27 of this Law.
Article 37 A seller shall not falsify the place of origin, and shall not forge or fraudulently use the name or address of another person.
Article 38 A seller shall not forge or fraudulently use a quality mark such as a certification mark.
Article 39 A seller selling products shall not be adulterated or adulterated, and shall not be filled with fakes and shoddy goods, and shall not impersonate qualified products with unqualified products.
Chapter IV Damages
Article 40 If the product sold is in one of the following circumstances, the seller shall be responsible for repair, replacement, and return; if the consumer who purchases the product causes losses, the seller shall compensate for the loss:
(1) It does not have the performance of the product and has not been explained in advance;
(2) failing to meet the product standards indicated on the product or on its packaging;
(3) It does not meet the quality conditions indicated by product descriptions, physical samples, etc.
If the seller is responsible for repairing, replacing, returning, or compensating for losses in accordance with the provisions of the preceding paragraph, the seller shall be responsible for the responsibility of the producer or the responsibility of other sellers (hereinafter referred to as suppliers) who provide products to the seller. The supplier and the supplier recover.
If the seller fails to repair, replace, return or compensate for the loss in accordance with the provisions of the first paragraph, the product quality supervision department or the industrial and commercial administrative department shall order it to make corrections.
Where the sales contract or contract between the producers, the sellers, the producers and the sellers has different agreements, the parties to the contract shall execute them in accordance with the contract.
Article 41 If the goods other than the personal or defective products (hereinafter referred to as the property of others) are damaged due to defects in the products, the producer shall be liable for compensation.
The producer can prove that he is liable for any of the following circumstances:
(1) failing to put the product into circulation;
(2) When the product is put into circulation, the defects causing the damage do not exist yet;
(3) The existence of defects cannot be found in the scientific and technological level when the products are put into circulation.
Article 42 If the seller’s fault causes the product to be defective and causes damage to the property of the person or other person, the seller shall be liable for compensation.
If the seller cannot specify that the producer of the defective product cannot specify the supplier of the defective product, the seller shall be liable for compensation.
Article 43 If the personal or other property damage is caused by defects in the product, the victim may claim compensation from the producer of the product, or may claim compensation from the seller of the product. The responsibility of the producer of the product, the seller of the product, the seller of the product has the right to recover from the producer of the product. The responsibility of the seller of the product, the producer of the product, the producer of the product has the right to recover from the seller of the product.
Article 44 If the victim suffers personal injury due to defects in the product, the infringer shall compensate for the medical expenses, the nursing expenses during the treatment period, and the income due to lost work; if the disability is caused, the self-help fee for the disabled shall also be paid. , living allowances, disability compensation, and the living expenses necessary for the person who is supported by them; if the victim is killed, he shall pay the funeral expenses, the death compensation, and the living expenses necessary for the person who was raised by the deceased.
If the victim’s property is lost due to defects in the product, the infringer shall return to the original condition or compensate for the discount. If the victim suffers other major losses, the infringer shall compensate the loss.
Article 45 The period of limitation of action for compensation for damage caused by defects in products shall be two years, counting from the time when the parties know or should know that their rights and interests have been damaged.
The claim for damages due to defects in the product is lost in the first ten years of the delivery of the defective product causing the damage; however, unless the express safe use period has not been exceeded.
Article 46 The term "deficiency" as used in this Law refers to the unreasonable danger of the product endangering the safety of the person and the property of others; if the product has national standards or industry standards that guarantee human health and personal and property safety, it means that the product does not comply with the standard.
Article 47 When a civil dispute arises due to product quality, the parties may resolve it through negotiation or mediation. If the parties are unwilling to resolve through negotiation, mediation, or through negotiation or mediation, they may apply to the arbitration institution for arbitration according to the agreement of the parties; if the parties have not reached an arbitration agreement or the arbitration agreement is invalid, they may directly file a suit in the people's court.
Article 48 An arbitration institution or a people's court may entrust a product quality inspection agency as stipulated in Article 19 of this Law to inspect the quality of the relevant products.
Chapter 5 Penalties
Article 49. Products that produce or sell products that do not meet the national standards and industry standards that guarantee human health and personal and property safety shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and illegal production and sale of products ( Including the products sold and unsold, the same as the value of the goods equal to three times the value of the fines; if there is illegal income, and confiscation of illegal income; if the circumstances are serious, the business license is revoked; Be held criminally responsible.
Article 50: Doping or adulterating in products, shoddy, shoddy, or impersonating qualified products with unqualified products shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and illegal production. And the fines of the value of the products sold are less than 50% and not more than three times; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if the crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 If the products produced by the State are ordered to be phased out, and the products that the state has ordered to phase out and stop selling, the products shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and the equivalent value of the value of the products produced and sold illegally. The following fines; if there are illegal gains, the illegal gains will be confiscated; if the circumstances are serious, the business license will be revoked.
Article 52 If a product that is ineffective or deteriorated is sold, it shall be ordered to stop selling, confiscate the illegally sold products, and impose a fine of less than twice the value of the illegally sold product; if there is illegal income, the illegal income shall be confiscated; the circumstances are serious. The business license shall be revoked; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 53 Whoever forges the origin of the product, forges or fraudulently uses the name or site of another person, forges or fraudulently uses the quality mark such as the certification mark, orders correction, confiscates the illegally produced and sold products, and illegally produces and sells the product. A fine equal to or less than the value of the goods; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.
Article 54 If the product identification does not comply with the provisions of Article 27 of this Law, it shall be ordered to make corrections; the product identification of the package does not comply with the provisions of Items (4) and (5) of Article 27 of this Law. Seriously, it is ordered to stop production, sales, and impose a fine of less than 30% of the value of illegally produced and sold products; if there is illegal income, it will also confiscate the illegal income.
Article 55 If a seller sells a product prohibited by the provisions of Articles 49 to 53 of this Law and has sufficient evidence to prove that it does not know that the product is a prohibited product and truthfully states its source of purchase, Lighten or mitigate punishment.
Article 56 Whoever refuses to accept product quality supervision and inspection according to law shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be ordered to suspend business for rectification; if the circumstances are particularly serious, the business license shall be revoked.
Article 57 If a product quality inspection agency or certification body falsifies the inspection result or issues a false certificate, it shall be ordered to make corrections, and the unit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be A fine of not less than 10,000 yuan but not more than 50,000 yuan; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the qualifications for examination and certification shall be cancelled; if a crime is constituted, criminal responsibility shall be investigated according to law.
If the inspection result or certification issued by the product quality inspection agency or certification body is untrue, and the loss is caused, it shall bear the corresponding liability for compensation; if it causes a major loss, its qualification and certification qualification shall be revoked.
If the product quality certification body violates the provisions of the second paragraph of Article 21 of this Law, if the product that uses the certification mark that does not meet the certification standard is not legally required to correct or cancel its qualification for using the certification mark, the product does not meet the certification. The loss caused by the standard to the consumer shall be jointly and severally liable with the producer or seller of the product; if the circumstances are serious, the certification shall be revoked.
Article 58: Social organizations and social intermediaries make commitments and guarantees to the quality of products, and the products do not meet the quality requirements of their commitments and guarantees, causing losses to consumers, and are associated with producers and sellers of products. responsibility.
Article 59. In the advertisement, false propaganda of product quality, deceiving and misleading consumers shall be investigated for legal responsibility in accordance with the provisions of the Advertising Law of the People's Republic of China.
Article 60: Raw materials, packaging materials and production tools specially used by producers to produce the products listed in Articles 49 and 51 of this Law or products with false positives shall be confiscated.
Article 61 If it is known or should be aware of the products that are prohibited from being produced or sold under this Law and provided with convenient conditions for transportation, storage, storage, etc., or for the provision of counterfeit production technology for fake and genuine products, all transportation shall be confiscated. Income from custody, warehousing or provision of counterfeit production technology shall be imposed a fine of not more than 50% and not more than three times the illegal income; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 62 If the operators of the service industry use the products prohibited by the provisions of Articles 49 to 52 of this Law for business services, they shall be ordered to stop using them; they shall know or should know that the products used belong to In the case of products prohibited from being sold under this Law, the amount of goods in accordance with the illegal use of products (including used and unused products) shall be punished in accordance with this Law.
Article 63 Anyone who conceals, transfers, sells or damages articles seized or detained by the product quality supervision department or the industrial and commercial administrative department shall be fined three times or less the value of the concealed, transferred, sold or damaged goods. If there is illegal income, and the illegal income is confiscated.
Article 64: In violation of the provisions of this Law, it shall bear civil liability for compensation and pay fines and fines. When its property is insufficient to pay at the same time, it shall bear civil liability for compensation first.
Article 65 If the staff of the people's governments at various levels and the staff of other state organs have any of the following circumstances, they shall be given administrative sanctions according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law:
(1) Covering or indulging the production and sales of products in violation of the provisions of this Law;
(2) ventilating and reporting to the parties engaged in production and sales activities in violation of the provisions of this Law to help them escape investigation;
(3) Obstructing or interfering with the product quality supervision department or the industrial and commercial administrative department to investigate and deal with violations of the provisions of this Law in the production and sale of products, causing serious consequences.
Article 66 If the product quality supervision department requests a sample in excess of the prescribed quantity in the product quality supervision and spot check or collects the inspection fee from the inspected person, it shall be returned by the superior product quality supervision department or the supervisory organ; if the circumstances are serious, it shall be directly responsible The supervisors and other directly responsible personnel are given administrative sanctions according to law.
Article 67 If a product quality supervision department or other state agency violates the provisions of Article 25 of this Law and recommends the producer's products to the society or participates in product management activities by means of supervision, supervision or other means, its superior authority or The supervisory organ shall order corrections, eliminate the influence, and confiscate the illegal income; if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
If the product quality inspection agency has the illegal activities listed in the preceding paragraph, the product quality supervision department shall order it to correct the situation, eliminate the impact, and confiscate the illegal income, and may impose a fine of less than one time the illegal income; if the circumstances are serious, the quality inspection shall be revoked. qualifications.
Article 68 If the product quality supervision department or the staff of the industrial and commercial administrative department abuses their powers, neglects their duties, engages in malpractices for personal gains, and constitutes a crime, it shall be investigated for criminal responsibility according to law; if it does not constitute a crime, it shall be given administrative sanctions according to law.
Article 69 If a staff member of the product quality supervision department or the industrial and commercial administrative department is prohibited from performing his duties according to law according to violence or threats; if he refuses or obstructs the use of violence or threats, the public security organ shall follow the public security administration. Penalties imposed by the penalties regulations.
Article 70 The administrative penalties for the revocation of business licenses provided for in this Law shall be determined by the administrative department for industry and commerce. The administrative penalties stipulated in Articles 49 to 57 and Articles 60 to 63 of this Law shall be The product quality supervision department or the industrial and commercial administrative department shall decide according to the terms of reference prescribed by the State Council. Where laws and administrative regulations provide otherwise for the organs exercising administrative punishment, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 71 Products that are confiscated in accordance with the provisions of this Law shall be destroyed or otherwise disposed of in accordance with relevant state regulations.
Article 72 The amount of goods specified in Articles 49 to 54, Article 62 and Article 63 of this Law shall be calculated at the price of illegally producing or selling products; Calculated according to the market price of similar products.
Chapter VI Supplementary Provisions
Article 73 The measures for the supervision and administration of the quality of military products shall be formulated separately by the State Council and the Central Military Commission.
Where the liability for damage caused by nuclear facilities or nuclear products is otherwise provided by laws and administrative regulations, it shall be in accordance with its provisions.
Article 74 This Law shall come into force on September 1, 1993.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
Chapter I General Provisions
Chapter II Supervision of Product Quality
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers
Section 1 Producer's Product Quality Responsibilities and Obligations
Section 2 Seller's Product Quality Responsibilities and Obligations
Chapter IV Damages
Chapter 5 Penalties
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in order to strengthen the supervision and management of product quality, improve product quality, clarify product quality responsibilities, protect consumers' legitimate rights and interests, and maintain social and economic order.
Article 2 This Law must be observed in the production and sale of products within the territory of the People's Republic of China.
The products referred to in this Law refer to products that have been processed, produced and used for sale.
The construction project does not apply to the provisions of this Law; however, the construction materials, building components and equipment used in the construction project are within the scope of the products specified in the preceding paragraph, and the provisions of this Law shall apply.
Article 3 Producers and sellers shall establish and improve internal product quality management systems, and strictly implement job quality standards, quality responsibilities and corresponding assessment methods.
Article 4 Producers and sellers shall bear the responsibility for product quality in accordance with the provisions of this Law.
Article 5 prohibits the forgery or fraudulent use of quality marks such as certification marks; prohibits the origin of counterfeit products, forges or fraudulently uses the names and addresses of others; prohibits the doping or adulteration of products produced or sold, and falsely replenishes them. Filled up.
Article 6 The State encourages the implementation of scientific quality management methods, adopts advanced science and technology, and encourages the quality of enterprise products to meet and exceed industry standards, national standards and international standards.
Reward for units and individuals with advanced product quality management and product quality that have reached the international advanced level and outstanding achievements.
Article 7 The people's governments at all levels shall incorporate product quality improvement into national economic and social development plans, strengthen overall planning and organization of product quality work, guide and urge producers and sellers to strengthen product quality management, improve product quality, and organize All relevant departments shall take measures according to law to stop the violation of the provisions of this Law in the production and sale of products and guarantee the implementation of this Law.
Article 8 The product quality supervision department of the State Council shall be in charge of the supervision of product quality throughout the country. The relevant departments of the State Council are responsible for product quality supervision within their respective areas of responsibility.
The local product quality supervision department at or above the county level shall be in charge of product quality supervision within its administrative area. The relevant departments of the local people's governments at or above the county level shall be responsible for product quality supervision within their respective areas of responsibility.
Where the law provides otherwise for the product quality supervision department, it shall be implemented in accordance with the provisions of relevant laws.
Article 9 Staff members of the people's governments at various levels and staff of other state organs shall not abuse their powers, neglect their duties or engage in malpractices for personal gains, shelter or indulge in the violation of the provisions of this Law in the production or sale of products in the region or the system, or obstruct, Intervene in accordance with the law to investigate and deal with violations of the provisions of this Law in the production and sale of products.
Where local people's governments at various levels and other state organs have harbored or indulged acts that violate the provisions of this Law in the production and sale of products, they shall be held accountable for the legal responsibility of their principal responsible persons.
Article 10 Any unit or individual has the right to report to the product quality supervision department or other relevant departments for violations of the provisions of this Law.
The product quality supervision department and relevant departments shall keep confidential the informant and reward them according to the regulations of the people's government of Sheng Autonomous Region and municipality directly under the Central Government.
Article 11 No unit or individual may exclude quality qualified products produced by non-local or non-system enterprises from entering the region or the system.
Chapter II Supervision of Product Quality
Article 12 The quality of products shall be inspected and qualified, and no qualified products shall be impersonated as qualified products.
Article 13 Industrial products that may endanger human health and personal and property safety must comply with national standards and industry standards that guarantee human health and personal and property safety; if national standards or industry standards are not established, they must comply with human health and personal conditions. , property security requirements.
It is forbidden to produce or sell industrial products that do not meet the standards and requirements for human health and personal and property safety. The specific management measures shall be prescribed by the State Council.
Article 14 The State implements the enterprise quality system certification system in accordance with internationally accepted quality management standards. According to the principle of voluntariness, an enterprise may apply for the enterprise quality system certification to a certification body recognized by the product quality supervision department of the State Council or approved by the department authorized by the product quality supervision department of the State Council. If the certification is qualified, the certification body shall issue the enterprise quality system certification.
The country implements the product quality certification system with reference to international advanced product standards and technical requirements. According to the voluntary principle, an enterprise may apply for product quality certification to a certification body recognized by the product quality supervision department of the State Council or approved by the department authorized by the product quality supervision department of the State Council. If the certification is qualified, the certification body shall issue a product quality certification certificate, which allows the enterprise to use the product quality certification mark on the product or its packaging.
Article 15: The State implements a supervision and inspection system based on spot checks on product quality, products that may endanger human health and personal and property safety, important industrial products that affect national economy and people's livelihood, and products that reflect quality problems among consumers and relevant organizations. Conduct a spot check. The sampled samples shall be randomly selected from the products to be sold in the market or in the finished product warehouse of the enterprise. The supervision and spot checks shall be planned and organized by the product quality supervision department of the State Council. Local product quality supervision departments at or above the county level may also organize supervision and spot checks in their administrative regions. Where the law provides otherwise for the supervision and inspection of product quality, it shall be implemented in accordance with the provisions of relevant laws.
The products supervised by the state for inspection and inspection shall not be repeatedly checked by the local authorities; the products supervised by the higher authorities shall not be repeatedly checked by the subordinates.
According to the needs of the supervision and spot check, the product can be inspected. The quantity of samples to be inspected shall not exceed the reasonable requirements of the inspection, and the inspection fee shall not be charged to the inspected person. The inspection fees required for supervision and random inspection shall be paid in accordance with the provisions of the State Council.
If the producer or seller disagrees with the results of the random inspection, he may apply for re-inspection from the product quality supervision department or its superior product quality supervision department that has implemented the supervision and random inspection within 15 days from the date of receipt of the inspection result. The product quality supervision department made a re-examination conclusion.
Article 16 Producers and sellers shall not refuse to supervise and inspect product quality according to law.
Article 17 If the quality of products subject to supervision and spot checks in accordance with the provisions of this Law is unqualified, the product quality supervision department that conducts supervision and spot checks shall order its producers and sellers to make corrections within a time limit. If it is not corrected within the time limit, it shall be announced by the product quality supervision department of the people's government at or above the provincial level; if it is still unqualified after the announcement, it shall be ordered to suspend business and be rectified within a time limit; if the quality of the product is still unqualified after the expiration of the rectification period, the business license shall be revoked.
If the product under supervision and inspection has serious quality problems, it shall be punished in accordance with the relevant provisions of Chapter V of this Law.
Article 18 The product quality supervision department at or above the county level may exercise the following powers when investigating and arbitrarily investigating suspected violations of the provisions of this Law:
(1) Conducting on-site inspections of places where the parties are suspected of engaging in production or sales activities in violation of this Law;
(2) Investigating and understanding the legal representative, principal responsible person and other relevant personnel of the parties concerned with the circumstances related to the production and sales activities suspected of engaging in violation of this Law;
(3) consulting and copying the relevant contracts, invoices, account books and other relevant materials of the parties;
(4) Products that are based on national standards and industry standards that are considered to be incompatible with the protection of human health and personal and property safety, or products with other serious quality problems, and raw and auxiliary materials and packaging directly used for the production and sale of the product. Goods and production tools shall be sealed up or seized.
The administrative department for industry and commerce at or above the county level may exercise the functions and powers stipulated in the preceding paragraph when investigating and arbitrarily investigating acts suspected of violating the provisions of this Law.
Article 19 The product quality inspection agency must have the corresponding testing conditions and capabilities. After passing the examination of the product quality supervision department of the people's government at or above the provincial level or its authorized department, the product quality inspection work can be undertaken. Where laws and administrative regulations provide otherwise for product quality inspection agencies, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 20 Social intermediary institutions engaged in product quality inspection and certification must be established according to law, and may not have affiliation or other interests with administrative organs and other state organs.
Article 21 Product quality inspection agencies and certification bodies must issue inspection results or certifications in an objective and impartial manner in accordance with relevant standards.
The product quality certification body shall follow the national regulations for the follow-up inspection after the certification of the products that use the certification mark; if the certification mark is used if the certification mark is not met, it shall be corrected; if the circumstances are serious, the qualification for using the certification mark shall be cancelled.
Article 22 Consumers have the right to inquire about the product quality problems, and to the producers and sellers of the products; to appeal to the product quality supervision department, the industrial and commercial administrative department and relevant departments, and the department that accepts the appeal shall be responsible for handling it.
Article 23: Social organizations that protect consumer rights and interests may recommend relevant departments to deal with the quality of products reflected by consumers, and support consumers to sue the people's courts for damage caused by product quality.
Article 24 The product quality supervision department of the State Council and the people's government of the autonomous region or municipality directly under the Central Government shall regularly publish the announcement of the quality status of the products it supervises and checks.
Article 25 The product quality supervision department or other state organs and product quality inspection agencies shall not recommend the producer's products to the society; they shall not participate in product management activities by means of product supervision or supervision.
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers
Section 1 Producer's Product Quality Responsibilities and Obligations
Article 26 Producers shall be responsible for the quality of the products they produce.
Product quality should meet the following requirements:
(1) There is no irrational danger that endangers the safety of the person or property. If there are national standards or industry standards that guarantee human health and personal and property safety, it shall comply with the standard;
(2) Having the performance of the product, except for the description of the product's performance;
(3) Compliance with the product standards indicated on the product or on its packaging, in accordance with the quality conditions indicated by product descriptions, physical samples, etc.
Article 27 The mark on the product or its packaging must be true and meet the following requirements:
(1) Having a product quality inspection certificate;
(2) The name of the product indicated in Chinese, the name of the manufacturer and the address of the factory;
(3) According to the characteristics of the product and the requirements for use, the product specifications, grades, and the names and contents of the main components contained in it shall be marked in Chinese; if it needs to be known to the consumer in advance, it shall be marked on the outer packaging, or Provide relevant information to consumers;
(4) Products that are used within a time limit shall clearly indicate the date of manufacture and the safe use period or expiration date in a prominent position;
(5) If the product is improperly used and the product itself is damaged or may endanger the safety of the person or property, there shall be a warning sign or a Chinese warning statement.
Bare-packed foods and other bare-packed products that are difficult to attach to the logo according to the characteristics of the product may not be labeled with the product.
Article 28: Dangerous goods that are fragile, flammable, explosive, toxic, corrosive, radioactive, and products that cannot be inverted during storage and transportation and other products with special requirements must be in accordance with the relevant requirements. Warning signs or Chinese warning instructions, indicating the precautions for storage and transportation.
Article 29 Producers shall not produce products that are explicitly eliminated by the State.
Article 30 Producers shall not falsify the place of production, and shall not forge or fraudulently use the name or address of another person.
Article 31 Producers shall not forge or fraudulently use quality marks such as certification marks.
Article 32 Producers shall not produce or mix adulteration of products, nor shall they be filled with fakes and shoddy goods, and shall not impersonate qualified products with unqualified products.
Section 2 Seller's Product Quality Responsibilities and Obligations
Article 33 The seller shall establish and implement the purchase inspection and acceptance system, and verify the product qualification certificate and other marks.
Article 34 The seller shall take measures to maintain the quality of the products sold.
Article 35 A seller shall not sell products that have been eliminated and stopped by the state and that have failed or deteriorated.
Article 36 The identification of the products sold by the seller shall comply with the provisions of Article 27 of this Law.
Article 37 A seller shall not falsify the place of origin, and shall not forge or fraudulently use the name or address of another person.
Article 38 A seller shall not forge or fraudulently use a quality mark such as a certification mark.
Article 39 A seller selling products shall not be adulterated or adulterated, and shall not be filled with fakes and shoddy goods, and shall not impersonate qualified products with unqualified products.
Chapter IV Damages
Article 40 If the product sold is in one of the following circumstances, the seller shall be responsible for repair, replacement, and return; if the consumer who purchases the product causes losses, the seller shall compensate for the loss:
(1) It does not have the performance of the product and has not been explained in advance;
(2) failing to meet the product standards indicated on the product or on its packaging;
(3) It does not meet the quality conditions indicated by product descriptions, physical samples, etc.
If the seller is responsible for repairing, replacing, returning, or compensating for losses in accordance with the provisions of the preceding paragraph, the seller shall be responsible for the responsibility of the producer or the responsibility of other sellers (hereinafter referred to as suppliers) who provide products to the seller. The supplier and the supplier recover.
If the seller fails to repair, replace, return or compensate for the loss in accordance with the provisions of the first paragraph, the product quality supervision department or the industrial and commercial administrative department shall order it to make corrections.
Where the sales contract or contract between the producers, the sellers, the producers and the sellers has different agreements, the parties to the contract shall execute them in accordance with the contract.
Article 41 If the goods other than the personal or defective products (hereinafter referred to as the property of others) are damaged due to defects in the products, the producer shall be liable for compensation.
The producer can prove that he is liable for any of the following circumstances:
(1) failing to put the product into circulation;
(2) When the product is put into circulation, the defects causing the damage do not exist yet;
(3) The existence of defects cannot be found in the scientific and technological level when the products are put into circulation.
Article 42 If the seller’s fault causes the product to be defective and causes damage to the property of the person or other person, the seller shall be liable for compensation.
If the seller cannot specify that the producer of the defective product cannot specify the supplier of the defective product, the seller shall be liable for compensation.
Article 43 If the personal or other property damage is caused by defects in the product, the victim may claim compensation from the producer of the product, or may claim compensation from the seller of the product. The responsibility of the producer of the product, the seller of the product, the seller of the product has the right to recover from the producer of the product. The responsibility of the seller of the product, the producer of the product, the producer of the product has the right to recover from the seller of the product.
Article 44 If the victim suffers personal injury due to defects in the product, the infringer shall compensate for the medical expenses, the nursing expenses during the treatment period, and the income due to lost work; if the disability is caused, the self-help fee for the disabled shall also be paid. , living allowances, disability compensation, and the living expenses necessary for the person who is supported by them; if the victim is killed, he shall pay the funeral expenses, the death compensation, and the living expenses necessary for the person who was raised by the deceased.
If the victim’s property is lost due to defects in the product, the infringer shall return to the original condition or compensate for the discount. If the victim suffers other major losses, the infringer shall compensate the loss.
Article 45 The period of limitation of action for compensation for damage caused by defects in products shall be two years, counting from the time when the parties know or should know that their rights and interests have been damaged.
The claim for damages due to defects in the product is lost in the first ten years of the delivery of the defective product causing the damage; however, unless the express safe use period has not been exceeded.
Article 46 The term "deficiency" as used in this Law refers to the unreasonable danger of the product endangering the safety of the person and the property of others; if the product has national standards or industry standards that guarantee human health and personal and property safety, it means that the product does not comply with the standard.
Article 47 When a civil dispute arises due to product quality, the parties may resolve it through negotiation or mediation. If the parties are unwilling to resolve through negotiation, mediation, or through negotiation or mediation, they may apply to the arbitration institution for arbitration according to the agreement of the parties; if the parties have not reached an arbitration agreement or the arbitration agreement is invalid, they may directly file a suit in the people's court.
Article 48 An arbitration institution or a people's court may entrust a product quality inspection agency as stipulated in Article 19 of this Law to inspect the quality of the relevant products.
Chapter 5 Penalties
Article 49. Products that produce or sell products that do not meet the national standards and industry standards that guarantee human health and personal and property safety shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and illegal production and sale of products ( Including the products sold and unsold, the same as the value of the goods equal to three times the value of the fines; if there is illegal income, and confiscation of illegal income; if the circumstances are serious, the business license is revoked; Be held criminally responsible.
Article 50: Doping or adulterating in products, shoddy, shoddy, or impersonating qualified products with unqualified products shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and illegal production. And the fines of the value of the products sold are less than 50% and not more than three times; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; if the crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 If the products produced by the State are ordered to be phased out, and the products that the state has ordered to phase out and stop selling, the products shall be ordered to stop production, sales, confiscation of illegally produced and sold products, and the equivalent value of the value of the products produced and sold illegally. The following fines; if there are illegal gains, the illegal gains will be confiscated; if the circumstances are serious, the business license will be revoked.
Article 52 If a product that is ineffective or deteriorated is sold, it shall be ordered to stop selling, confiscate the illegally sold products, and impose a fine of less than twice the value of the illegally sold product; if there is illegal income, the illegal income shall be confiscated; the circumstances are serious. The business license shall be revoked; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 53 Whoever forges the origin of the product, forges or fraudulently uses the name or site of another person, forges or fraudulently uses the quality mark such as the certification mark, orders correction, confiscates the illegally produced and sold products, and illegally produces and sells the product. A fine equal to or less than the value of the goods; if there is illegal income, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.
Article 54 If the product identification does not comply with the provisions of Article 27 of this Law, it shall be ordered to make corrections; the product identification of the package does not comply with the provisions of Items (4) and (5) of Article 27 of this Law. Seriously, it is ordered to stop production, sales, and impose a fine of less than 30% of the value of illegally produced and sold products; if there is illegal income, it will also confiscate the illegal income.
Article 55 If a seller sells a product prohibited by the provisions of Articles 49 to 53 of this Law and has sufficient evidence to prove that it does not know that the product is a prohibited product and truthfully states its source of purchase, Lighten or mitigate punishment.
Article 56 Whoever refuses to accept product quality supervision and inspection according to law shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be ordered to suspend business for rectification; if the circumstances are particularly serious, the business license shall be revoked.
Article 57 If a product quality inspection agency or certification body falsifies the inspection result or issues a false certificate, it shall be ordered to make corrections, and the unit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the directly responsible person in charge and other directly responsible personnel shall be A fine of not less than 10,000 yuan but not more than 50,000 yuan; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, the qualifications for examination and certification shall be cancelled; if a crime is constituted, criminal responsibility shall be investigated according to law.
If the inspection result or certification issued by the product quality inspection agency or certification body is untrue, and the loss is caused, it shall bear the corresponding liability for compensation; if it causes a major loss, its qualification and certification qualification shall be revoked.
If the product quality certification body violates the provisions of the second paragraph of Article 21 of this Law, if the product that uses the certification mark that does not meet the certification standard is not legally required to correct or cancel its qualification for using the certification mark, the product does not meet the certification. The loss caused by the standard to the consumer shall be jointly and severally liable with the producer or seller of the product; if the circumstances are serious, the certification shall be revoked.
Article 58: Social organizations and social intermediaries make commitments and guarantees to the quality of products, and the products do not meet the quality requirements of their commitments and guarantees, causing losses to consumers, and are associated with producers and sellers of products. responsibility.
Article 59. In the advertisement, false propaganda of product quality, deceiving and misleading consumers shall be investigated for legal responsibility in accordance with the provisions of the Advertising Law of the People's Republic of China.
Article 60: Raw materials, packaging materials and production tools specially used by producers to produce the products listed in Articles 49 and 51 of this Law or products with false positives shall be confiscated.
Article 61 If it is known or should be aware of the products that are prohibited from being produced or sold under this Law and provided with convenient conditions for transportation, storage, storage, etc., or for the provision of counterfeit production technology for fake and genuine products, all transportation shall be confiscated. Income from custody, warehousing or provision of counterfeit production technology shall be imposed a fine of not more than 50% and not more than three times the illegal income; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 62 If the operators of the service industry use the products prohibited by the provisions of Articles 49 to 52 of this Law for business services, they shall be ordered to stop using them; they shall know or should know that the products used belong to In the case of products prohibited from being sold under this Law, the amount of goods in accordance with the illegal use of products (including used and unused products) shall be punished in accordance with this Law.
Article 63 Anyone who conceals, transfers, sells or damages articles seized or detained by the product quality supervision department or the industrial and commercial administrative department shall be fined three times or less the value of the concealed, transferred, sold or damaged goods. If there is illegal income, and the illegal income is confiscated.
Article 64: In violation of the provisions of this Law, it shall bear civil liability for compensation and pay fines and fines. When its property is insufficient to pay at the same time, it shall bear civil liability for compensation first.
Article 65 If the staff of the people's governments at various levels and the staff of other state organs have any of the following circumstances, they shall be given administrative sanctions according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law:
(1) Covering or indulging the production and sales of products in violation of the provisions of this Law;
(2) ventilating and reporting to the parties engaged in production and sales activities in violation of the provisions of this Law to help them escape investigation;
(3) Obstructing or interfering with the product quality supervision department or the industrial and commercial administrative department to investigate and deal with violations of the provisions of this Law in the production and sale of products, causing serious consequences.
Article 66 If the product quality supervision department requests a sample in excess of the prescribed quantity in the product quality supervision and spot check or collects the inspection fee from the inspected person, it shall be returned by the superior product quality supervision department or the supervisory organ; if the circumstances are serious, it shall be directly responsible The supervisors and other directly responsible personnel are given administrative sanctions according to law.
Article 67 If a product quality supervision department or other state agency violates the provisions of Article 25 of this Law and recommends the producer's products to the society or participates in product management activities by means of supervision, supervision or other means, its superior authority or The supervisory organ shall order corrections, eliminate the influence, and confiscate the illegal income; if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
If the product quality inspection agency has the illegal activities listed in the preceding paragraph, the product quality supervision department shall order it to correct the situation, eliminate the impact, and confiscate the illegal income, and may impose a fine of less than one time the illegal income; if the circumstances are serious, the quality inspection shall be revoked. qualifications.
Article 68 If the product quality supervision department or the staff of the industrial and commercial administrative department abuses their powers, neglects their duties, engages in malpractices for personal gains, and constitutes a crime, it shall be investigated for criminal responsibility according to law; if it does not constitute a crime, it shall be given administrative sanctions according to law.
Article 69 If a staff member of the product quality supervision department or the industrial and commercial administrative department is prohibited from performing his duties according to law according to violence or threats; if he refuses or obstructs the use of violence or threats, the public security organ shall follow the public security administration. Penalties imposed by the penalties regulations.
Article 70 The administrative penalties for the revocation of business licenses provided for in this Law shall be determined by the administrative department for industry and commerce. The administrative penalties stipulated in Articles 49 to 57 and Articles 60 to 63 of this Law shall be The product quality supervision department or the industrial and commercial administrative department shall decide according to the terms of reference prescribed by the State Council. Where laws and administrative regulations provide otherwise for the organs exercising administrative punishment, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 71 Products that are confiscated in accordance with the provisions of this Law shall be destroyed or otherwise disposed of in accordance with relevant state regulations.
Article 72 The amount of goods specified in Articles 49 to 54, Article 62 and Article 63 of this Law shall be calculated at the price of illegally producing or selling products; Calculated according to the market price of similar products.
Chapter VI Supplementary Provisions
Article 73 The measures for the supervision and administration of the quality of military products shall be formulated separately by the State Council and the Central Military Commission.
Where the liability for damage caused by nuclear facilities or nuclear products is otherwise provided by laws and administrative regulations, it shall be in accordance with its provisions.
Article 74 This Law shall come into force on September 1, 1993.
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