How does the product quality supervision department fulfill the product quality responsibility

Opinions of the State Bureau of Quality and Technical Supervision on Several Issues Concerning the Implementation of the Product Quality Law of People's Republic of China (PRC) (2006 54 38+0 3 65 438+05 Bureau of Quality and Technical Supervision [20065438+0] No.43) Bureau of Quality and Technical Supervision of all provinces, autonomous regions and municipalities directly under the Central Government: the newly revised Product Quality Law of People's Republic of China (PRC). This law is of great significance for strengthening product quality supervision and management, improving product quality level, clarifying product quality responsibility, protecting consumers' legitimate rights and interests and maintaining social and economic order. In order to ensure the correct implementation of the law, solve the specific problems with universality in the administrative law enforcement of the quality and technical supervision departments, and do a good job in the administrative law enforcement of quality supervision, we hereby put forward the following implementation opinions, and ask all localities to conscientiously implement them. I. About product quality supervision and inspection 1. According to the provisions of the product quality law, the samples required for product quality supervision and spot check shall be randomly selected from the products sold in the market or the finished product warehouse of the enterprise; The number of samples should be determined according to the reasonable needs of inspection. Therefore, the quality and technical supervision department conducts supervision and spot checks, and the samples are provided free of charge by the inspected. Except for the damage or loss caused by inspection, the qualified samples must be returned within one quarter after the inspection is completed and there is no objection. At the same time, notify the inspected unit to unseal and seal the samples for sample preparation. 2. In accordance with the provisions of the third paragraph of Article 15 of the Product Quality Law, producers and sellers who have objections to the results of the spot check may apply to the quality and technical supervision department that conducted the spot check or the quality and technical supervision department at the next higher level for re-inspection. If the re-inspection is qualified, no inspection fee will be charged; If the re-inspection is unqualified, the inspection fee shall be paid. 3. Paragraph 2 of Article 17 of the Product Quality Law stipulates: "If the products subject to supervision and random inspection have serious quality problems, they shall be punished in accordance with the relevant provisions of Chapter V of this Law." Quality and technical supervision departments at all levels should correctly grasp the boundary between general quality problems and serious quality problems when implementing post-processing work of product quality supervision and inspection. Serious quality problem refers to: (1) the product quality does not meet the national and industrial standards for protecting human health and personal property safety. (two) doping, adulteration, fake genuine, shoddy, substandard products as qualified products. (3) Products explicitly eliminated by the state. (4) Failure or deterioration. (5) Forging the place of origin of products, forging or falsely using the name and address of others; Forging or fraudulently using the production date, safe use period or expiration date; Forge or fraudulently use quality marks such as certification marks. In addition to the above problems, it belongs to general quality problems. If there are serious quality problems, administrative punishment shall be given in accordance with the provisions of Articles 49 to 53 of the Product Quality Law. Two. Implement administrative compulsory measures 1. According to Article 18 of the Product Quality Law, the quality and technical supervision department shall meet the following conditions when implementing administrative compulsory measures: (1) evidence or report suspected of violating the law; (2) The procedures for implementing administrative compulsory measures must be legal. 2. According to this Law, the products sealed up and detained are products whose production and sale are prohibited from Articles 49 to 53 of this Law. Products with defects and nonstandard labels cannot be sealed or detained. 3. The time limit for sealing up and detaining is three months; If the safe use period or expiration date of the product is less than three months, the disposal after storage or seizure shall not exceed the safe use period or expiration date of the product. Due to the complexity of the case and other circumstances, the quality and technical supervision department needs to extend the time limit for sealing up and detaining, and shall report to the quality and technical supervision department at the next higher level for approval. Three. Supervision of products used in construction projects Article 2 of the Product Quality Law stipulates that the provisions of this Law shall apply to building materials, building components and equipment used in construction projects. Therefore, the quality and technical supervision department has the responsibility to supervise the above products according to the product quality law. Product quality problems found in the construction site should be handled according to the following different situations: 1. Quality and technical supervision departments shall seal up and detain products with serious quality problems at the construction site according to law to prevent such products from being used in construction projects or entering the market; And through the construction unit (owner) or the construction unit in a timely manner to trace the source of such products. 2. If the construction unit or the construction unit provides the producers and sellers of products truthfully, the quality and technical supervision department shall investigate the product quality responsibility of the producers and sellers according to law. 3. If the construction unit or the construction unit refuses to provide truthful information to the producer or seller, the quality and technical supervision department shall order it to stop using the product. If the construction unit knows or should know that the sale of the above-mentioned products is prohibited by law, it shall be handled in accordance with the provisions of Article 62 of this Law. If the construction unit purchases and requires the construction unit to use it, or if the product has been used in construction projects, the quality and technical supervision department shall promptly transfer it to the construction administrative department or relevant departments for handling; And take this as a clue to investigate the responsibility of product producers and sellers. Four. Supervision on product identification 1. According to Article 27 of the Product Quality Law, product identification must be true and meet the following requirements: product quality inspection certificate, product name marked in Chinese, factory name and address of the company responsible for product quality, and other related identification contents. Do not meet the above requirements, shall be ordered to make corrections. 2. According to Article 27 of the Product Quality Law, products (including imported products) shall be marked in Chinese. For products that should be marked with product name, factory name, address, specification, grade, content and warning instructions in Chinese, the producers and sellers of the products shall be ordered to make corrections according to law. 3. In order to implement the provisions of the Product Quality Law on labeling, the State Council issued and implemented the Provisions on Labeling Products in 1997, aiming at guiding enterprises to label correctly. The specific marking method of relevant signs shall be implemented in accordance with the regulations. Quality and technical supervision departments should strictly distinguish between two different behaviors: non-standard labeling and quality fraud by using labeling, so as to prevent arbitrary punishment for non-standard labeling. V. Application of Law on Sellers Selling Products Prohibited by Law According to Article 55 of the Product Quality Law, if a seller sells products prohibited by Articles 49 to 53 of the Law, and there is sufficient evidence to prove that he does not know that the product is prohibited from selling, and truthfully explains the source of the goods, he may be given a lighter or mitigated punishment. If the seller can't provide sufficient evidence to prove that he doesn't know that the product is a product prohibited by law, and can't explain or truthfully explain its source of purchase, he shall be punished strictly according to law. The manner and extent of punishment for sellers selling the above-mentioned products shall be specifically applicable to the provisions of Articles 49 to 53 of the corresponding laws. On the relationship between product quality law and current quality regulations and standardization regulations 1. Product quality law is a general law to regulate product quality supervision and administrative law enforcement activities. According to the principle that the special law is superior to the general law, if special laws such as the Drug Administration Law and the Seed Law have provisions on product quality supervision and administrative law enforcement, those provisions shall prevail; Where there are no provisions in the special law, the provisions of the product quality law shall apply. 2. The Regulations on the Quality Responsibility of Industrial Products and the Trial Measures for the Supervision of Product Quality are still effective administrative regulations at present, and should follow the principle of legal effectiveness grade when applying them. Where the above-mentioned administrative regulations and laws have provisions on the same issue but are in conflict, the provisions of the Product Quality Law shall prevail; There is no provision in the product quality law, but if there is provision in the above administrative regulations, it can be implemented in accordance with the provisions of the administrative regulations. 3. The punishment in Article 49 of the Product Quality Law for production and sales that do not meet the standards for safeguarding human health and personal and property safety is inconsistent with the punishment in the Standardization Law and its implementing regulations for production and sales that do not meet the mandatory standards. According to the principle that the latter law takes precedence, the provisions of Article 49 of the Product Quality Law shall apply to the punishment of products that do not meet the mandatory standards. Seven. Supervision and inspection of food, tobacco, cosmetics, pesticides and veterinary drugs 1. Supervision and inspection of food: food belongs to the adjustment scope of product quality law. Quality and technical supervision departments at all levels should strengthen supervision and inspection of food quality. Food quality includes physical and chemical, sensory, hygiene, labeling and other quality requirements. The quality and technical supervision department shall investigate and deal with illegal acts of food quality, food quality and labels that do not meet the standard requirements according to the product quality law and standardization law. 2. Supervision and inspection on tobacco: Tobacco belongs to the adjustment scope of the Product Quality Law. According to the provisions of Articles 31 and 48 of the Detailed Rules for the Implementation of the Tobacco Monopoly Law, legal departments other than tobacco monopoly departments have the right to investigate and deal with illegal acts of counterfeiting and shoddy tobacco monopoly products. Therefore, the quality and technical supervision department has the right to investigate and deal with tobacco quality violations according to the relevant provisions of the product quality law. 3. Supervision and inspection of cosmetics: cosmetics are within the adjustment scope of the Product Quality Law. The quality and technical supervision department shall investigate and deal with illegal acts such as the production and sale of cosmetics that do not meet the standards, failure, deterioration, doping, adulteration, passing the fake as the real, passing the unqualified cosmetics as qualified cosmetics, producing and selling cosmetics without a production license, and the labels of cosmetics that do not meet the legal requirements. Problems in cosmetic hygiene supervision and management shall be governed by the Regulations on Cosmetic Hygiene Supervision. 4. Supervision and inspection of pesticides: pesticides are industrial products and fall within the adjustment scope of the Product Quality Law. The quality and technical supervision department may, in accordance with the provisions of the Product Quality Law and the Regulations on Pesticide Management, punish the illegal acts of producing and selling fake and inferior pesticides. 5. Supervision and inspection of veterinary drugs: Veterinary drugs are industrial products. How to manage veterinary drugs is clearly stipulated in the Regulations on the Administration of Veterinary Drugs formulated by the State Council. Therefore, when it comes to the management problems in the production and operation of veterinary drugs and the implementation of administrative penalties for violations, the provisions of the Regulations on the Administration of Veterinary Drugs should be observed. The Legislative Affairs Office of the State Council has defined the subject of enforcement of the Regulations on the Administration of Veterinary Drugs in the document [1999]4 1. That is, the main law enforcement bodies of the Regulations on the Administration of Veterinary Drugs are the agriculture and animal husbandry departments and the administrative departments for industry and commerce. The quality and technical supervision department shall, if it finds a case that violates the regulations on the administration of veterinary drugs, transfer it to the agriculture and animal husbandry department, the industrial and commercial department, the public security department and other relevant departments for investigation. 6. Supervision and inspection of other products: If the State Council has formulated special administrative regulations on the supervision and inspection of medical devices, feeds and feed additives, the provisions of administrative regulations shall apply to the supervision and inspection of such products; If there are no provisions, laws and regulations on quality and technical supervision shall apply. Eight. Identification of the behavior of producing and selling fake and inferior products According to the provisions of the Product Quality Law, the following behaviors should be identified as the behavior of producing and selling fake and inferior products: 1. Produce products that have been explicitly eliminated by the state, sell products that have been explicitly eliminated and stopped by the state, and sell expired and deteriorated products. Products explicitly eliminated by the state refer to products with high energy consumption, environmental pollution, uncertain curative effect, great toxic and side effects and obviously backward technology that are prohibited from being produced and sold by the relevant administrative departments in the State Council according to management functions and certain procedures. Invalid and deteriorated products refer to products that have lost their original efficacy and function, undergone essential changes, and lost their due use value. 2. The act of forging the origin of products. Refers to the quality fraud of producing products in place A and marking the place name of place B on the product identification. 3. Forge or falsely use other people's factory name and address. It refers to the act of illegally marking the name and address of others on products, or fabricating or fabricating the name and address of an untrue production enterprise, and using the name and address of another production enterprise on products without authorization. 4. Forge or fraudulently use quality marks such as certification marks. Refers to the illegal production, fabrication, forgery or illegal labeling of quality marks on products, labels and packaging by means of words, symbols and patterns, and the unauthorized use of quality marks. Quality marks include product quality certification marks, enterprise quality system certification marks, brand-name marks, foreign certification marks, special marks for products of origin, inspection-free marks, etc. 5. Doping and adulteration in products. It refers to the illegal behavior that producers and sellers adulterate products and commit quality fraud. The composition or content of related substances in the product does not meet the relevant national laws, regulations, standards or contract requirements. 6. Pretend to be real. Refers to the fraudulent act of passing this product off as another product with different characteristics and characteristics, or passing it off as a product with specific quality characteristics and characteristics in similar products. 7. Inferior behavior. Refers to the illegal act of passing off low-grade and low-grade products as high-grade and high-grade products or replacing old ones with new ones. 8. The act of passing off unqualified products as qualified products. Unqualified products refer to products whose quality does not meet the requirements of Article 26 of the Product Quality Law. Passing unqualified products off as qualified products means passing unqualified products off as qualified products. Nine. Supervision and inspection of the use of fake and shoddy products in business service activities The use of fake and shoddy products in business service activities mainly refers to the behavior of operators using fake and shoddy products to provide services to consumers in business service activities such as beauty salons, restaurants, maintenance and entertainment. The quality and technical supervision department determined that in the above activities, the operators used products prohibited from being sold according to Articles 49 to 52 of the Product Quality Law, including products that did not meet the standards for protecting human health and personal property safety; Doping, adulteration, fake as real, shoddy as good, and unqualified products as qualified products; Products explicitly eliminated by the state and stopped selling, as well as ineffective and deteriorated products, can be punished in accordance with the punishment provisions of the Seller Law. If it is found that the product labels used by operators are not standardized and accurate, and do not meet the requirements stipulated in Article 27 of the Product Quality Law, it shall be punished in accordance with the provisions of Article 54 of this Law. X. Confirmation of evidence in handling cases 1. In the process of administrative law enforcement, the quality and technical supervision department needs to identify the products suspected of counterfeiting, and the identification conclusion can be used as one of the important evidences for handling administrative cases of technical supervision. After verification, the administrative law enforcement department of quality and technical supervision may take the appraisal conclusion and other supporting materials issued by the counterfeit production enterprise as the basis for determining the authenticity of the product. 2. If the quality and technical supervision department judges the internal quality of products through inspection, the inspection report issued by the statutory inspection agency shall prevail. XI。 On the calculation of "value of goods", "illegal income" and "illegal income" According to the provisions of the Product Quality Law, the value of goods refers to the product of the number of products illegally produced and sold by the parties (including sold and unsold products) and the price of a single product. The price of a single product produced shall be calculated at the unit price indicated in the sales volume; The price of a single product sold shall be calculated according to the unit price indicated on the seller's label. If the producer or seller does not indicate the price, it shall be calculated according to the average unit price of the retail price in the local market when the product is investigated. The term "illegal income" as mentioned in this Law refers to the profits obtained. The illegal income stipulated in Articles 61 and 67 of the Product Quality Law refers to all the income obtained from illegal activities such as transportation, warehousing, providing counterfeit technology, recommending products to the society, and supervising the sale of products in violation of legal provisions. Twelve. According to Article 10 of the Product Quality Law, the quality and technical supervision departments of all provinces, autonomous regions and municipalities directly under the Central Government shall promptly cooperate with the local government to formulate relevant reporting reward systems and establish and improve reporting procedures. Quality and technical supervision departments at all levels shall, according to the requirements of the National Bureau and the above provisions, announce the telephone number of the report to the public, register and handle the report in time, and shall not delay or shirk without reason. Issued by: State Bureau of Technical Supervision (Quality). Release date: 20065438+0 March 15 Implementation date: 20065438+0 March 15 (stipulated by the central government).