Chapter I General Provisions
Chapter II Supervision of Product Quality
Chapter III Responsibilities and Obligations of Producers and Sellers of Product Quality
Section I Responsibilities and Obligations of Producers of Product Quality
Section II Responsibilities and Obligations of Sellers of Product Quality
Chapter IV Damage Compensation
Chapter V Penalties
Chapter VI Supplementary Provisions
Chapter I
Article 1 In order to strengthen the supervision and management of product quality, to improve product quality, to clarify product quality responsibility, to protect the legitimate rights and interests of consumers, and to maintain the socio-economic order, the enactment of this Law.
The second in the Chinese people *** and the State engaged in the production and sale of products within the territory of the State, must comply with this Law.
The products referred to in this Law are those that have been processed and made for sale.
The provisions of this Law shall not apply to construction works; however, the provisions of this Law shall apply to construction materials, building components and equipment used in construction works which fall within the scope of the products specified in the preceding paragraph.
Article 3 producers and sellers shall establish and improve the internal product quality management system, the strict implementation of job quality standards, quality responsibility and the corresponding assessment methods.
Article 4 producers, sellers in accordance with the provisions of this Law to assume responsibility for product quality.
Article V prohibit the forgery or fraudulent use of certification marks and other quality marks; prohibit the forgery of the origin of the product, the forgery or fraudulent use of another person's factory name and address; prohibit in the production and sale of products adulterated, adulterated, fake for the real, and substituting good for bad.
Article VI The state encourages the implementation of scientific quality management methods, the use of advanced science and technology, and encourages enterprise product quality to meet and exceed industry standards, national standards and international standards.
Advanced product quality management and product quality to reach the international advanced level, significant achievements of units and individuals, be rewarded.
Article VII The people's governments at all levels shall incorporate the improvement of product quality into the national economy and social development planning, strengthen the product quality of the work of the overall planning and organization and leadership, guide and urge producers and sellers to strengthen product quality management, improve product quality, and organization of the relevant departments in accordance with the law to take measures to stop the production and sale of products in violation of the provisions of this Law, and to ensure the implementation of the Law.
Article VIII of the State Council product quality supervision department in charge of national product quality supervision. The relevant departments of the State Council in their respective areas of responsibility for product quality supervision.
Local product quality supervision departments above the county level in charge of product quality supervision within the administrative region. The relevant departments of the local people's government at or above the county level in their respective areas of responsibility for product quality supervision.
Law on product quality supervision department otherwise provided, in accordance with the provisions of the relevant laws.
Article IX The people's governments at all levels and other state organs shall not abuse their powers, dereliction of duty or favoritism, harboring, indulging in the production and sale of products in their own areas and systems in violation of the provisions of this Law, or obstructing or interfering with the law on the production and sale of products in violation of the provisions of this Law for the purpose of investigating and dealing with the violation of the provisions of this Law.
Local people's governments at all levels and other state organs have harbored or indulged in the production and sale of products in violation of the provisions of this Law, shall be investigated in accordance with the law of the legal responsibility of its principal officers.
Article 10 Any unit or individual has the right to violate the provisions of this Law, to the product quality supervision department or other relevant departments to report.
Product quality supervision department and the relevant departments shall keep the informant confidential, and in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to reward.
Article 11 No unit or individual shall not be excluded from the region or non-system enterprises produce quality products into the region, the system.
Chapter II
Article 12 The quality of products shall be tested and qualified, shall not pass off unqualified products as qualified products.
Article XIII may endanger human health and personal and property safety of industrial products, must comply with the national standards for the protection of human health and personal and property safety, industry standards; has not been formulated national standards, industry standards, must comply with the requirements for the protection of human health and personal and property safety.
Prohibit the production and sale of industrial products that do not meet the standards and requirements for the protection of human health and personal and property safety. Specific management methods shall be prescribed by the State Council.
Article XIV of the State in accordance with internationally recognized quality management standards, the implementation of enterprise quality system certification system. Enterprises in accordance with the voluntary principle can be recognized by the State Council product quality supervision department or the State Council product quality supervision department authorized by the department to apply for certification of enterprise quality system certification. Qualified by the certification, the certification body issued by the enterprise quality system certification.
The state reference to international advanced product standards and technical requirements, the implementation of product quality certification system. Enterprises in accordance with the voluntary principle can be recognized by the State Council product quality supervision department or the State Council product quality supervision department authorized by the department recognized by the certification body to apply for product quality certification. Qualified by the certification body issued by the certificate of product quality certification, permitting enterprises to use product quality certification mark on the product or its packaging.
Article XV of the national product quality to implement the main way of supervision and inspection
System, which may endanger human health and safety of persons and property, affecting the national economy and people's livelihood of the important industrial products, as well as consumers, the relevant organizations to reflect the quality of the product for sampling. Samples should be randomly selected in the market
On the market or in the finished product warehouse in the products to be sold. Supervision and sampling work by the State Council product quality supervision department planning and organization. Above the county level local product quality supervision department in the administrative region can also organize supervision
Supervision of sampling. The law on product quality supervision and inspection of other provisions, in accordance with the provisions of the relevant laws.
National supervision and sampling of products, the local shall not be repeated in another sampling; higher supervision and sampling of products, the lower level shall not be repeated in another sampling.
According to the needs of supervision and sampling, the product can be tested. Inspection of the number of samples taken shall not exceed the reasonable needs of the test, and shall not be charged to the inspection costs. Supervision and sampling inspection costs in accordance with the provisions of the State Council.
Producers, sellers of sampling test results have objections, you can receive the test results within fifteen days from the date of implementation of supervision and sampling of product quality supervision department or its superior product quality supervision department to apply for re-inspection, the acceptance of the re-inspection of the product quality supervision department to make a re-inspection of the conclusion.
Article XVI of the product quality supervision and inspection carried out in accordance with the law, producers, sellers shall not refuse.
Article XVII in accordance with the provisions of this Law for supervision and sampling of product quality failed,
Supervision and sampling by the implementation of the product quality supervision department shall order its producers and sellers to make corrections within a period of time. Failure to make corrections, by the product quality supervision department of the people's government at or above the provincial level shall be announced; announcement of the re-examination is still unqualified,
Ordered to suspend business, a limited period of rectification; rectification of product quality after the expiry of the re-examination is still unqualified, the revocation of business licenses.
Supervision and sampling of products with serious quality problems, in accordance with the relevant provisions of Chapter V of this Law shall be punished.
Article 18 above the county level product quality supervision departments in accordance with the suspected evidence of violation of law has been obtained or reported, suspected of violating the provisions of this Law, when investigating and dealing with, may exercise the following powers:
(a) the parties suspected of violating this Law to engage in the production, sales activities of the implementation of the on-site inspection of the premises;
(b) the parties to the legal representative of the legal representative, The main person in charge and other relevant personnel to investigate and understand the situation related to suspected of engaging in production and sales activities in violation of this Law;
(3) to inspect and copy the relevant contracts, invoices, account books and other relevant information of the parties;
(4) on the basis of the belief that does not comply with the national standards for the protection of human health and safety of persons and property, the industry standard of the product or have other Serious quality problems of the product, as well as directly used in the production and sale of the product of raw and auxiliary materials, packaging, production tools, to be seized or impounded.
Administration for industry and commerce at or above the county level, in accordance with the scope of responsibilities set out by the State Council, suspected of violating the provisions of this Law, when investigating and dealing with, may exercise the powers and functions set out in the preceding paragraph.
Article 19 of the product quality inspection agency must have the appropriate testing conditions and capabilities, by the people's government at or above the provincial level product quality supervision department or its authorized departments to assess the qualifications before undertaking product quality inspection work. Laws and administrative regulations on product quality inspection organization otherwise provided, in accordance with relevant laws and administrative regulations.
Article 20 engaged in product quality inspection, certification of social intermediaries must be established in accordance with the law, shall not exist with the administrative organs and other state organs affiliated or other interests.
Article 21 of the product quality inspection organizations, certification bodies must be in accordance with the relevant standards, objectively and impartially issued test results or certification.
Product quality certification bodies shall be permitted to use the certification mark of the product certification tracking inspection; does not meet the certification standards and the use of certification marks, and require correction; the circumstances are serious, the use of the certification mark of the cancellation of its qualifications.
Article 22 The consumer has the right to product quality problems, to the producer of the product, the seller of inquiries; to the product quality supervision department, the administration for industry and commerce and the relevant departments of the complaint, the department shall be responsible for handling the complaint.
Article 23 of the protection of consumer rights and interests of social organizations can be reflected on consumer product quality problems recommended by the relevant departments responsible for dealing with support for consumers on the damage caused by product quality to the people's court.
Article 24 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government of the product quality supervision department shall regularly issue its supervision and sampling of products of the quality of the status of the announcement.
Article 25 The product quality supervision department or other state organs and product quality inspection agency shall not recommend the producer's products to the community; shall not supervise the product, supervise the sale of products and other ways to participate in product business activities.
Chapter III
Section I. Product Quality Responsibilities and Obligations of Producers
Article 26 Producers shall be responsible for the quality of the products they produce.
Product quality shall meet the following requirements:
(a) there is no unreasonable danger of endangering the safety of persons and property, there are national standards for the protection of human health and the safety of persons and property, industry standards, it shall be in line with the standard;
(b) have the use of the product should have the performance, but the existence of the product performance of the defects to make a statement Except;
(C) in line with the product or its packaging indicates the use of product standards, in line with the product description, physical samples and other ways to indicate the quality of the situation.
Article 27 The product or its packaging marking must be true, and meet the following requirements:
(a) product quality inspection certificate;
(b) the name of the product in Chinese, the name and address of the production plant;
(c) according to the characteristics of the product and the use of the requirements of the product needs to be marked product specifications, grades, and the name and content of the main ingredients contained, in Chinese accordingly Name and content of the Chinese language to be marked accordingly; the need to let consumers know in advance, should be marked on the packaging, or provide consumers with relevant information in advance;
(d) limited use of the product should be clearly and prominently marked date of production and safe use or expiration date;
(e) improper use, which is likely to cause damage to the product itself or may be Endanger the safety of persons and property of the product, there should be a warning sign or Chinese warning instructions.
Bare food and other products according to the characteristics of the product is difficult to attach the logo of the bare product, you can not attach the product identification.
Article 28 fragile, flammable, explosive, toxic, corrosive, radioactive and other dangerous goods and storage and transportation can not be inverted and other special requirements of the product, the quality of its packaging must meet the appropriate requirements, in accordance with the relevant provisions of the state to make the warning signs or warning instructions in Chinese, marked storage and transportation precautions.
Article 29 The producer shall not produce products that the state expressly eliminated.
Article 30 The producer shall not forge the origin, shall not be forged or fraudulent use of other people's factory name and address.
Article 31 The producer shall not forge or fraudulent use of certification marks and other quality marks.
Article 32 The producer shall not produce products, adulteration, adulteration, shall not be false for the real, substandard, and shall not pass off unqualified products as qualified products.
Section II of the seller's product quality responsibilities and obligations
Article 33 The seller shall establish and implement the purchase inspection and acceptance system, inspection of product certification and other identification.
Article 34 The seller shall take measures to maintain the quality of the products sold.
Article 35 The seller shall not sell the products that the state expressly eliminates and stops the sale of products and expired, deteriorated products.
Article 36 The labeling of products sold by sellers shall conform to the provisions of Article 27 of this Law.
Article 37 The seller shall not forge the place of origin, shall not forge or fraudulently use another person's factory name and address.
Article 38 The seller shall not forge or fraudulent use of certification marks and other quality marks.
Article 39 The seller shall not sell the products, shall not be adulterated, adulterated, shall not be false for real, substandard, and shall not pass off unqualified products as qualified products.
Chapter IV
Article 40 The products sold in one of the following circumstances, the seller shall be responsible for the repair, replacement, return; to the consumer who purchased the product causing losses, the seller shall compensate for the losses:
(a) does not have the product should have the use of performance without prior explanation;
(b) does not meet the product or its packaging in the product or the product standards adopted; (c) does not meet the product standards used in the product or its packaging; (d) does not meet the product standards adopted in the product or its packaging; (e) does not meet the product standards adopted in the product or its packaging. (B) does not comply with the product or its packaging on the indication of the adoption of product standards;
(C) does not meet the product description, physical samples and other ways to indicate the quality of the situation.
The seller in accordance with the provisions of the preceding paragraph is responsible for the repair, replacement, return, compensation for damages, belonging to the producer's responsibility or to the seller to provide products to other sellers (hereinafter referred to as the supplier), the seller has the right to recover from the producer, the supplier.
The seller is not in accordance with the provisions of the first paragraph of the repair, replacement, return or compensation for loss, by the product quality supervision department or the administration for industry and commerce shall order correction.
Between producers, sellers, producers and sellers between the conclusion of the contract of sale, contract for the contract has a different agreement, the parties to the contract in accordance with the contract.
Article 41 Where a defective product causes damage to a person or property other than the defective product (hereinafter referred to as the property of others), the producer shall bear the liability.
The producer shall not be liable for compensation if he can prove one of the following:
(1) the product has not been put into circulation;
(2) when the product is put into circulation, the defects that caused the damage do not exist;
(3) the scientific and technological level at the time when the product is put into circulation is not able to discover the existence of the defects.
Article 42 Due to the fault of the seller of the product defects, causing damage to persons, other people's property, the seller shall bear the responsibility for compensation.
The seller can not specify the producer of the defective product also can not specify the supplier of the defective product, the seller shall bear the liability.
Article 43 Where a product is defective and causes damage to a person or property of another person, the injured person may claim compensation from the producer of the product or from the seller of the product. If the seller of the product compensates for the responsibility of the producer of the product, the seller of the product shall have the right to recover the compensation from the producer of the product.
If the producer of the product is responsible for the liability of the seller of the product and the seller of the product compensates, the producer of the product has the right to recover the compensation from the seller of the product.
Article 44 If a product is defective and causes personal injury to the victim, the aggressor shall compensate for the medical expenses, care expenses during the treatment, and reduced income due to lost work; if the disability is caused, it shall also pay for the disabled person's self-help living expenses, subsistence allowance, disability indemnity, and the necessary living expenses of the person supported by the disabled person; if it causes the death of the victim, the aggressor shall pay for the funeral expenses, death indemnity, and the living expenses of the deceased's survivors.
Defective products caused by the victim's property losses, the aggressor shall restore the original state or discount compensation. If the victim suffers other significant losses, the infringer shall compensate for the losses.
Article 45 The limitation period for claiming compensation for damages caused by defective products shall be two years from the time when the parties concerned knew or should have known that their rights and interests had been harmed.
The right to claim compensation for damage caused by defective products shall be forfeited ten years after the defective product causing damage is delivered to the initial consumer; however, it has not yet exceeded the expressly stated period of safe use.
Article 46 The defects referred to in this Law means that there is an unreasonable danger of the product endangering the safety of human beings and other people's property; the product has a national standard or industry standard for the protection of human health and the safety of human beings and property, means that it does not conform to the standard.
Article 47 of the civil dispute over product quality, the parties can be resolved through consultation or mediation. The parties do not want to resolve through consultation or conciliation or consultation, conciliation fails, according to the agreement of the parties to the arbitration institution to apply for arbitration; the parties did not reach an arbitration agreement or arbitration agreement is invalid, you can directly to the people's court.
Article 48 The arbitration institution or the people's court may entrust the product quality inspection organization provided for in Article 19 of this Law to inspect the quality of the products concerned.
Chapter V
Article 49 Anyone who produces or sells products that do not conform to the national or industrial standards for safeguarding human health and the safety of persons and property shall be ordered to stop producing or selling them, confiscate the illegally produced or sold products, and shall be fined at a rate of not less than three times the equivalent amount of the value of the illegally produced or sold products (including sold and unsold products, the same hereinafter); anyone who gains from such violations shall also be fined at a fine of not less than three times the equivalent amount of the value of the goods; and if there are illegal gains, the illegal gains shall be confiscated. Income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses; constitutes a crime, shall be investigated for criminal responsibility.
Article 50 In the product adulteration, adulteration, fake for real, substandard, or
to substandard products as qualified products, ordered to stop the production, sale, confiscation of illegal production, sale of products, and impose illegal production, sale of products of the amount of value of more than 50% of the amount of more than three times the fine; there are illegal income
of the illegal proceeds, and confiscate the illegal income; The circumstances are serious, the revocation of business licenses; constitutes a crime, shall be investigated for criminal responsibility.
Article 51 The production of state-ordered elimination of products, the sale of state-ordered elimination and stop selling products, shall order the production and sale, confiscate the illegal production and sale of products, and impose illegal production and sale of products of the value of the amount of money equivalent to the following fines; there are illegal income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses.
Article 52 The sale of invalid, deteriorated products, shall order the cessation of sales, confiscate the illegal sale of products, and impose the illegal sale of products of less than two times the amount of the value of the fine; there is illegal income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses; constitutes a crime, shall be investigated for criminal responsibility.
Article 53 of the forged product origin, forging or fraudulent use of other people's factory name, address, forging or fraudulent use of certification marks and other quality marks, shall order correction, confiscate the illegal production and sale of products, and impose illegal production and sale of products of the amount of value of the fine below the amount of the same; there are illegal income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses.
Article 54 of the product labeling does not comply with the provisions of Article 27 of this Law, shall order rectification; there are packaged product labeling does not comply with the provisions of Article 27 (4), (5), the circumstances are serious, shall order the cessation of production and sale, and impose illegal production and sale of products of the amount of value of the fine of less than thirty percent; there are illegal income, and confiscate the illegal income.
Article 55 If a seller who sells a product the sale of which is prohibited under the provisions of Articles 49 to 53 of this Law has sufficient evidence to prove that he or she does not know that the product is a product the sale of which is prohibited and truthfully states the source from which he or she has purchased the product, he or she may be subjected to a lighter or mitigated punishment.
Article 56 refuses to accept the product quality supervision and inspection in accordance with the law, shall be given a warning and ordered to make corrections; refuses to make corrections, shall be ordered to suspend business rectification; the circumstances are particularly serious, the revocation of business licenses.
Article 57 The product quality inspection organizations, certification bodies to falsify test results or
issue false certificates, shall order correction, the unit shall be sentenced to a fine of 50,000 yuan or more than 100,000 yuan or less, the person in charge of directly responsible for the personnel and other directly responsible for the person to be sentenced to a fine of 10,000 yuan or more than 50,000 yuan or less; there is unlawful income,
and confiscate the unlawful income; The circumstances are serious, the cancellation of its inspection qualifications, certification qualifications; constitutes a crime, be held criminally responsible.
Product quality inspection organizations, certification bodies issued by the test results or proof of inaccuracy, resulting in losses, shall bear the corresponding liability; causing significant losses, revocation of its inspection qualifications, certification qualifications.
Product quality certification bodies in violation of the provisions of Article 21, paragraph 2 of this Law, does not meet the certification standards and the use of certification mark of the product, not required by law to make corrections or cancel the use of its certification mark qualification, because the product does not meet the certification standards for consumers to cause losses, and the producers and sellers of products to bear joint and several liabilities; the circumstances are serious, revoke its certification qualifications.
Article 58 of the social organizations, social intermediaries on product quality commitments, guarantees, and the product does not meet its commitments, guarantees the quality of the requirements of the consumer losses caused by the producers and sellers of products bear joint and several liability.
Article 59 In the advertisement of the product quality of false propaganda, deception and misleading consumers, in accordance with the "Chinese People's *** and State Advertising Law" shall be held legally responsible.
Article 60 The raw and auxiliary materials, packaging, and production tools that are used exclusively by a producer to produce the products listed in Articles 49 and 51 of this Law, or products that are counterfeited as genuine, shall be confiscated.
Article 61 Knowing or should know that the production and sale of products prohibited under the provisions of this Law and provide them with transportation, storage, warehousing and other facilitation, or for the counterfeiting of products to provide counterfeiting production technology, confiscate all the transportation, storage, warehousing, or the provision of counterfeiting production technology, and impose a fine of more than 50% of the illegal income to the extent of triple; constitutes a crime, shall be investigated for criminal responsibility according to law. Criminal liability shall be investigated according to law.
Article 62 Where an operator of a service industry uses a product whose sale is prohibited under the provisions of Articles 49 to 52 of this Law for the purpose of providing business services, he shall be ordered to stop using it; where he knows or should have known that the product used belongs to a product whose sale is prohibited under the provisions of this Law, he shall be punished in accordance with the amount of the value of the product used in contravention of the law (including the product used and the product which is not yet in use) in accordance with the penalties imposed on the seller under the provisions of this Law. Provisions of the penalty.
Article 63 Anyone who conceals, transfers, sells or destroys articles seized or impounded by the product quality supervision department or the administration for industry and commerce shall be punished by a fine of not less than three times of the value of the articles concealed, transferred, sold or destroyed; and if there is any unlawful income, the unlawful income shall also be confiscated.
Article 64 Violation of the provisions of this Law, shall bear civil liability and pay fines and penalties, its property is not enough to pay at the same time, the civil liability first.
Article 65 Staff members of the people's governments at all levels and staff members of other state organs shall be given administrative sanctions in accordance with the law if any of the following circumstances apply to them; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with the law:
(1) harboring or indulging in the violation of the provisions of this Law in the production and sale of products;
(2) informing the parties engaging in the production and sale of products which are in violation of this Law and helping them to escape from the law; and (B) to the parties engaged in the production and sale of activities in violation of the provisions of this Law, and help them to avoid investigation and handling;
(C) obstructing or interfering with the product quality supervision departments or industry and commerce administration departments in accordance with the law on the production and sale of products in violation of the provisions of this Law, resulting in serious consequences.
Article 66 product quality supervision departments in product quality supervision and sampling more than the required number of samples requested or charged to the inspected person for testing costs, by the higher product quality supervision departments or supervisory organs ordered to return; the circumstances are serious, the directly responsible for the competent person and other directly responsible personnel shall be given administrative sanctions.
Article 67 The product quality supervision department or other state organs in violation of the provisions of Article
25 of this Law, to the community to recommend the producer's products or to supervise the production, supervision and marketing and other ways to participate in the product business activities, the higher authorities or the supervisory organs ordered to make corrections to eliminate the impact of the illegal income shall be confiscated
collected; if the circumstances are serious, the persons in charge and other directly responsible persons shall be given administrative sanctions according to law. The seriousness of the case, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law.
Product quality inspection organizations have the violations listed in the preceding paragraph, the product quality supervision department shall order correction, eliminate the impact of illegal income shall be confiscated, and may also impose a fine of less than double the illegal income; the circumstances are serious, the withdrawal of its quality inspection qualifications.
Article 68 The product quality supervision department or the administration for industry and commerce staff abuse of power, dereliction of duty, favoritism and malpractice, constituting a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions.
Article 69 of violence, threatening methods to obstruct the product quality supervision department or the administration for industry and commerce staff to perform their duties in accordance with law, shall be held criminally responsible; refusal, obstruction without the use of violence, threatening methods, by the public security organs in accordance with the provisions of the "Public Security Administration Punishments Act" shall be punished.
Article 70 The administrative penalties provided for in this Law for revocation of business license shall be decided by the administration for industry and commerce, and the administrative penalties provided for in Articles 49 to 57 and 60 to 63 of this Law shall be decided by the department of product quality supervision or the administration for industry and commerce in accordance with the terms of reference specified by the State Council. Laws and administrative regulations on the exercise of administrative penalties for the authorities otherwise provided, in accordance with the provisions of the relevant laws and administrative regulations.
Seventy-one of the confiscated products in accordance with the provisions of this Law, in accordance with the relevant provisions of the State for destruction or other means of disposal.
Article 72 The amount of the value of goods stipulated in Articles 49 to 54, 62 and 63 of this Law shall be calculated on the basis of the marked price of the illegally produced or sold products; if there is no marked price, it shall be calculated on the basis of the market price of similar products.
Chapter VI
Article 73 Measures for the supervision and management of the quality of military products shall be separately formulated by the State Council and the Central Military Commission.
Liability for damages caused by nuclear facilities and nuclear products shall be in accordance with the provisions of laws and administrative regulations if they provide otherwise.
Article 74 This Law shall come into force on September 1, 1993 .