(Adopted at the Thirty-fifth Meeting of the Standing Committee of the Eleventh Shanghai Municipal People's Congress on December 28, 2001)
Chapter I General Provisions
Article 1 In order to strengthen the standardization of work in the city, to promote technological progress, to ensure the quality of products and services, and to improve the socio-economic benefits, and in accordance with the "Standardization Law of the People's Republic of China*** and the State", "Regulations for the Implementation of the Standardization Law of the People's Republic of China*** and the State" and other relevant laws and administrative regulations, and in the light of the actual situation in the city, it is formulated. and State Standardization Law", "Chinese People's *** and State Standardization Law Implementation Regulations" and other relevant laws and administrative regulations, combined with the actual situation in the city, the formulation of these regulations.
Article 2 The units and individuals within the administrative area of the city, in the production, operation and service activities, the use of international standards, foreign advanced standards, the implementation of national standards, industry standards, the development and implementation of local standards, enterprise standards, and supervision and management related to them, shall be subject to these Regulations.
Article 3 The municipal and county people's governments shall incorporate standardization work into the national economy and social development plans to ensure the necessary financial investment.
People's governments at all levels shall encourage and support enterprises and institutions to pay attention to standardization work, strengthen the education and training of standardization professionals and technicians, and establish and improve the standardization work system.
Article 4 The municipal quality and technology supervision department hereinafter referred to as the municipal quality and technology supervision department is the city's standardization of administrative departments, unified management of the city's standardization work. District and county quality and technical supervision departments hereinafter referred to as the county quality and technical supervision departments in accordance with the responsibilities of the standardization of management within the jurisdiction.
Municipal quality and technical supervision department in charge of the city's quality and technical supervision inspection brigade in accordance with the authorization of the Ordinance, the implementation of administrative penalties.
Other relevant administrative departments should be in their respective areas of responsibility to do a good job in the standardization of the management of the system, and in the scientific and technological investment in the cost of arranging a certain percentage of funds for the support of standardization work.
Article V trade associations, standardization professional academic groups and other social groups can participate in the implementation of international standards and foreign advanced standards, national standards, industry standards, the implementation and drafting of local standards, standardization of consulting, training and business exchange activities.
Article 6 for the community to provide standardization services to intermediary institutions, should be equipped with the necessary professional and technical personnel.
The quality and technology supervision departments at all levels shall, in conjunction with other relevant administrative departments of the intermediary institutions engaged in standardization services to guide and supervise.
Article VII of the quality and technical supervision departments at all levels, the relevant administrative departments, news organizations and relevant social groups, enterprises, institutions, shall strengthen the standardization of publicity and education to enhance the awareness of standardization in society.
Municipal quality and technical supervision departments shall establish a standardized information query system to provide the community with professional information on standardization and standardization laws and regulations query service.
Chapter II international standards, the adoption of foreign advanced standards and the implementation of national standards, industry standards
Article 8 The formulation of local standards, there are international standards, should be based on the development of local standards.
Encourage enterprises to adopt international standards, foreign advanced standards in the formulation of enterprise standards, the development of new products, technological transformation.
Adoption of international standards, foreign advanced standards, should be consistent with laws, regulations and mandatory standards, suitable for the region's climate, geography, resource utilization and basic technology, infrastructure and other conditions, so that technologically advanced, economically rational, safe and applicable.
Article IX application for government-funded development projects or recognized high-tech projects, there are international standards, foreign advanced standards and stricter than the national standards, industry standards, international standards, foreign advanced standards should be adopted, and in line with the provisions of Article 8, paragraph 3 of these Regulations.
The projects covered in the preceding paragraph have the conditions to adopt international standards, foreign advanced standards and not adopted, the relevant administrative departments will not be established.
Article X adopts international standards for the production of products, enterprises can use international standards in accordance with the relevant provisions of the state product logo.
Article 11 Where there are mandatory national standards and industry standards, units and individuals engaged in production, business and service activities must be implemented. Prohibit the production, sale and import of products that do not meet the mandatory national standards and industry standards.
Encourage the use of recommended national standards and industry standards.
Article XII of the national mandatory certification of products, enterprises should apply for certification in accordance with relevant state regulations, in line with the requirements of the corresponding standards and obtain certification before sales.
The state to promote voluntary certification of products or quality systems, to encourage enterprises to actively apply for certification. Product or quality system in line with the corresponding standard requirements and certified, the enterprise can be in the product, product packaging or other recommended materials marked with the certification mark, or make a statement.
Without certification or unqualified certification, prohibit the use of certification marks.
The quality and technical supervision departments at all levels should apply for certification of the activities of enterprises to give guidance and assistance.
Article 13 of the public **** places and public facilities should be in accordance with national and municipal standards, set the necessary public **** information signs.
Chapter III of the development and implementation of local standards
Article XIV in the production, operation and service activities, there is no national standards, industry standards and the need for uniform specification of technical requirements within the city, you can formulate local standards contain standard samples of the production. The development of mandatory local standards should be limited to the protection of human health and personal and property safety, protection of ecology and the environment, to prevent fraud and other scopes.
Local standards should be reported to the relevant state administrative departments for the record, in the corresponding national standards or industry standards after the implementation of the local standards shall be abolished, except as otherwise provided by law.
Article 15 Where there are mandatory local standards, units and individuals engaged in production, business and service activities must be implemented. Prohibit the production, sale and import of products that do not meet the mandatory local standards.
Encourage the use of recommended local standards.
Article 16 The city should be in the industrial product safety and health, product labeling, production safety and health and energy and resource use and environmental protection, and other aspects of priority development of local standards, and organization and implementation.
Article 17 The city shall give priority to the development of local standards in the planting and breeding environment, the quality of seeds, seedlings, breeding animals and poultry, agricultural practices, pesticides, veterinary drugs, fertilizers, feed and feed additives, the use of pesticides, veterinary drugs, fertilizers, feed and feed additives, heavy metals, drug residues, and other harmful components of the test, as well as characteristics of the agricultural products and other priority areas, and to organize the implementation of such standards.
Article 18 The city should be in the service industry on the protection of human health and personal and property safety, service operation norms, service quality acceptance and assessment, etc., give priority to the development of local standards, and organization and implementation.
Service operators to provide services, products and facilities, should meet the requirements of mandatory standards. Prohibit products and facilities that do not meet the mandatory standards for operational services.
Article 19 The city shall give priority to the development of local standards in the construction of new technologies, new techniques, design and application of new materials; or according to the national standards of the construction industry, industry standards, the development of implementation of local standards, and organization and implementation.
The investigation, design, construction and acceptance of construction projects should meet the requirements of mandatory standards.
Article 20 The city shall give priority to the development of local standards and organize the implementation of urban public **** service information systems, urban basic geographic information coding, community and building intelligence system construction, information application system security acceptance and assessment, and e-commerce applications.
The design and construction of information application systems should be in line with the standardized integrated requirements. Where the information application system does not meet the standardization of integrated requirements, shall not access the public **** information network.
Article 21 The development of local standards can be proposed by the relevant administrative departments to the municipal quality and technical supervision departments, but also by enterprises, industry associations, scientific and technological research institutions, standardization of professional academic groups or citizens.
The development of local standards program by the municipal quality and technical supervision departments responsible for the preparation, and to the community for comments. Local standards development plan is determined, should be published in the designated media.
Article 22 Local standards can be organized by the relevant administrative departments to draft, can also be commissioned by the municipal quality and technical supervision departments of enterprises, industry associations, scientific and technological research institutions, standardization of professional academic institutions and other organizations to draft, or commissioned experts to draft.
Drafting of local standards, should listen to the relevant enterprises, industry associations, scientific and technological research institutions, standardization professional academic institutions and experts.
Article 23 local standards by the municipal quality and technical supervision departments to organize expert review. Among them, the review of mandatory local standards should be heard through the hearing of the relevant enterprises, institutions; if necessary, through the media to the community.
Article 24 The local standards approved by the municipal quality and technical supervision departments and released, but laws and regulations provide otherwise.
The catalog and main content of mandatory local standards shall be published on the websites of government departments; the municipal quality and technical supervision departments shall publish the catalog of local standards in the media in a timely manner.
Article 25 The municipal quality and technical supervision departments should be based on the development of science and technology and economic construction needs, the local standards in a timely manner to organize a review, and to determine whether it continues to be effective, revised or abolished. Review cycle of up to five years.
The review of local standards, should listen to the relevant enterprises, industry associations, scientific and technological research institutions, professional standardization of academic institutions and experts.
Article 26 In accordance with the international agreements in which China participates in the agreement, should be notified to international organizations of local standards and technology-related provisions, by the municipal quality and technical supervision departments uniformly reported to the relevant state administrative departments.
Chapter IV Standardization Management of Enterprises
Article 27 encourages enterprises to establish and implement the technical standards as the main body of the enterprise standard system, including management standards and work standards. Quality and technology supervision departments at all levels should promote the establishment and implementation of enterprise standard system.
Article 28 In the production, operation and service activities, there is no national standards, industry standards or local standards, should develop enterprise standards.
There are national standards, industry standards or local standards, enterprises are encouraged to develop more stringent than the national standards, industry standards or local standards of enterprise standards.
Article 29 The enterprise standard by the independent development of the enterprise, but also in accordance with the voluntary principle of joint development by the relevant enterprises, or by the industry associations to organize member enterprises to develop.
Article 30 The enterprise standard shall not violate mandatory standards. Violation of mandatory standards, quality and technical supervision departments shall order correction.
Article 31 Enterprises should be based on national standards, industry standards or local standards issued, revised, repealed, etc., in due course, the enterprise standard review.
Article 32 The enterprise shall produce products in accordance with the standards implemented for product quality inspection.
Enterprises committed to the product to meet international standards and foreign advanced standards, recommended national standards, industry standards or local standards, you can issue a self-qualified statement. The production of products should be in line with the self-qualified statement of commitment to the standard.
Article 33 The enterprise shall produce products or their packaging, instructions marked with the implementation of the standard code, number, name.
The labeling of product identification should be consistent with the relevant provisions of the state. In addition to the difficult to label products, prohibit the sale of products without labeling.
Chapter V Legal Liability
Article 34 In the production, operation and service activities, in violation of the "Standardization Law of the People's Republic of China *** and the State", "Standardization Law of the People's Republic of China *** and the State Regulations for the Implementation of the Standardization Law", "Chinese People's Republic of China *** and the State Law on Product Quality" and other laws and administrative regulations of the units and individuals, by the laws and administrative regulations prescribed by the administrative department according to law.
Three hundred and fifty-fourth session.
Article 35 violation of the provisions of these Regulations, can be dealt with by the Municipal Quality and Technical Supervision Inspection Brigade in accordance with the following provisions:
(a) the production and sale of products that do not comply with the mandatory standards, ordered to correct, confiscate the illegal production and sale of the product, and impose a fine of more than three times the amount of the value of the illegal production and sale of products equal to or more than three times the value of the product; there is illegal income, and confiscate the Illegal income; the responsible person shall be sentenced to a fine of five hundred dollars or more than five thousand dollars.
(2) will not meet the mandatory standards of products and facilities for business services, ordered to stop using; know or should have known that the products and facilities used do not meet the mandatory standards, the products used and facilities used to impose a fine of up to the equivalent of the value of the amount of goods.
(C) fraudulent use of certification marks and other quality marks, and ordered to correct, confiscate the illegal production and sale of products, and impose illegal production and sale of products of the amount of the value of the fine below the amount of money; there is illegal income, and confiscate the illegal income.
(d) obtain a certificate of authentication of the product does not meet the certification standards and the use of certification mark sales, and ordered to make corrections, and impose a fine of less than two times the illegal income.
Article 36 The quality and technical supervision departments at all levels, the municipal quality and technical supervision inspection brigade and other relevant administrative departments of the staff of one of the following circumstances, shall be given administrative sanctions in accordance with the law, and illegal income shall be confiscated:
(a) harboring or indulgence of production, operation and service activities in violation of the provisions of these Regulations;
(b) to engage in violation of the provisions of these Regulations to the production, sales and service activities;
(b) to engage in violation of the provisions of this Regulations of the production, sales and service activities of the units and individuals tipped off to help them evade investigation and handling;
(3) supervision, supervision and marketing and other ways to participate in production, sales and service activities; four other belong to the abuse of power, dereliction of duty, favoritism and malpractice.
Article 37 units and individuals in the production, operation and service activities, in violation of the provisions of these Regulations, to other units and individuals caused personal and property damage, shall bear the corresponding civil liability.
Article 38 Violation of the provisions of these Regulations, constitutes a crime, shall be investigated for criminal responsibility.
Article 39 The parties to the administrative department or municipal quality and technical supervision inspection brigade of specific administrative action is not satisfied, you can in accordance with the "Chinese People's Republic of China *** and the State Administrative Reconsideration Law" or "Chinese People's Republic of China *** and the State Administrative Litigation Law," the provisions of the application for administrative reconsideration or bring an administrative lawsuit.
Chapter VI Supplementary Provisions
Article 40 The technical requirements of export products shall be implemented in accordance with the contract.
Article 41 These Regulations shall come into force on March 15, 2002 .