Circulation of commodity quality inspection method
(Released February 14, 2014, State administration for industry and commerce, the 61st since March 15, 2014) Chapter I General provisions
First in order to strengthen the circulation of commodity quality supervision and management, protection of the rights and interests of consumers, in accordance with the People's Republic of China consumer protection laws and the People's Republic of China product quality law and other laws and regulations and the relevant provisions of the State Council, these measures are formulated.
Commodity circulation in these measures in article quality and inspection (hereinafter sampling), refers to the Administrative Department for industry and commerce in accordance with the responsibility, law of the circulation of commodity quality sampling inspection and surveillance activities.
Article III administration of industry and commerce in accordance with the relevant laws and regulations and the State Council, and this way, regular or irregular for quality sampling.
Circulation in the State administration for industry and commerce is responsible for directing the national product quality inspection work, according to the needs or organized province, autonomous region, municipality directly under the administration of industry and commerce in circulation of goods quality sampling.
Provinces, autonomous regions and municipalities directly under the administration of industry and Commerce (hereinafter referred to as the provincial industrial and commercial administration departments) is responsible for the overall management and carry out districts circulation of commodity quality inspection work.
Provincial administration for industry and commerce in accordance with the provisions of the provincial industry and commerce administration departments to implement field product quality inspection and related activities.
Fourth sampling should be based on legal regulations and mandatory standards and other regulations, and product standards indicated on the goods or their packaging or product descriptions, samples and other means of quality the quality of judging. Article fifth sampling to the operators may not charge a fee.
Sampling requirements in accordance with the relevant provisions included in the budget at the same level.
Chapter II sampling procedures Sixth provincial industrial and commercial administration departments should develop a sampling plan require sampling of varieties of goods, sampling regional schedules, budgets, and so on. Sampling products are mainly consumers, relevant organizations, the mass media reflect commodities with quality problems found in the administrative law enforcement, relating to human health, personal and property safety and affecting people's livelihood commodities, and the higher authorities require goods.
The same year, in principle, shall organize the same trademark for the same specification of goods more than twice because samples, but track except for sampling in a targeted manner.
Industrial and commercial administrative departments should be implemented strictly in accordance with the sampling plan sampling, not random sampling.
Article seventh superior industrial and commercial administrative departments entrusted subordinate administrative departments for industry and Commerce according to work needs specific implementation of sampling.
Eighth sampling inspection work should be entrusted with the statutory qualification of inspection bodies (hereinafter referred to as inspection bodies) and sign an agency agreement. Nineth industrial and commercial administrative departments should be elaborated according to the sampling plan sampling plan.
Sampling plan should include sampling of varieties of goods, inspection bodies, bearing locations, number of samples, sampling procedures, inspection standards, tests and determines the principles, testing results, review schedules, budgets, and so on.
Article tenth inspection of industrial and commercial administrative law enforcement personnel shall be not less than two, and shall produce to the operators by sampling notice of administrative permits and inspection.
Operators for industrial and commercial administrative departments supporting the sampling should be carried out according to law, and may not refuse.
Article 11th sampling of industrial and commercial administration departments should check with the inspection of goods the ticket books, place of supply, quantity, inventory, inventory, sales, and information recorded by operators to sign it.
12th required for sampling inspection with samples and sample backup by the industrial and commercial administrative law enforcement personnel, inspection personnel in accordance with the relevant provisions of the extraction.
Samples and sample backup samples, and industrial and commercial administrative law enforcement personnel, inspection personnel, managers of three signature confirmation. The backup sample was industrial and commercial administrative law enforcement personnel, inspection personnel and operators of third-party approval seal.
Operators shall not be opened without authorization, damage to keep backup samples.
13th samples required samples for inspection, according to the operator's stock price. Destructive testing inspection and does not materially affect the quality of your samples, samples can be provided free to the operator for inspection.
Sampling required backup samples provided to the operator. Free samples testing to meet the requirements of, refund Manager failed to pass the examination, by the Administration for industry and commerce in accordance with the relevant provisions of the implementation of the sampling process.
Samples testing to meet the requirements of the purchase still has value, in accordance with the relevant asset management policy.
Local laws, regulations and regulatory documents the samples provided in extraction costs, from its provisions.
Article 14th product standards indicated on the product or its packaging as a corporate standard, operators shall, in 15th after receiving notification of the sampling to provide standards to implement sampling within the Administration for industry and commerce.
15th should be carried out in strict accordance with the entrustment tester for inspection work, test results submitted in a timely manner the implementation of sampling of the industry and commerce administration departments, and strictly abide by the relevant confidentiality provisions.
Inspection Agency inspection reports should be issued by the format specification, the contents are complete and definite, and the inspection reports issued by the responsible for the reliability, accuracy, legitimacy, prohibit falsification of inspection report, submission of false data and results. Article 16th sampling of industrial and commercial Administration Department shall receive test results within five working days of the date notice is sampling operator.
Rejected, instructing the nominal producer shall notify the sample sampling period of the operator to correct it.
Article 17th sampled operators or the nominal producer disagrees with the results of testing of samples shall be from the date of receipt of the notice of inspection results in the 15th, to the implementation of sampling's application for review in writing to the Administrative Department for industry and commerce.
Fails to submit a written review application, seen as test results without objection.
Operators who opened, damaged the backup sample, no review.
Article 18th after sampling of the industrial and commercial administrative departments to review the applications received, shall promptly determine the recheck institutions have legal qualifications, and notify the recheck applicant and inspection bodies.
The recheck applicant and inspection bodies shall, from the date of receipt of the notification within the 7th, in accordance with the requirements for review procedures and samples served on the the recheck institutions. 19th reinspection shall be in accordance with the sampling procedures provides for the original sample or the backup sample was tested.
The recheck institutions shall promptly review the result to implement sampling of industrial and commercial administration departments.
Implementation samples of Administration for industry and commerce shall, within five working days as of receipt of the review results inform the recheck applicant. Retest results products pass the retest costs borne by the Administrative Department for industry and commerce. Retest results product failed, recheck the recheck applicant's expense.
Review results for the final conclusion.
Chapter III inspection results processing
Article 20th inspection of industrial and commercial administration departments should publicize the sampling results in a timely manner.
Sampling results and the provincial administration for industry and commerce are responsible for the area of information management, and to develop concrete measures.
Article 21st by sampling and shall be designated as qualified goods, administration for industry and commerce shall order the operators to immediately discontinue sales of the sampled; consumers return, managers should be returned.
Administration for industry and Commerce found it and found product defects, endanger the personal and property safety hazards shall immediately order the operator to stop the sale, warning such measures and inform the nominal producer of goods where the relevant administrative departments. Article 22nd sampling of Administration for industry and Commerce announced endanger personal and property safety hazards and do not meet the mandatory criteria of the list of goods, area managers should immediately stop selling lists of the same trademark in the same specifications of goods.
Has taken measures to eliminate risks and statutory protection of personal and property safety of the examination organization examination, you can continue to sell.
23rd provincial administration for industry and commerce shall regularly inform the local government and the State administration for industry and Commerce submitted sampling analysis report. 24th industrial and commercial administrative departments should keep sampling instruments related information.
Instrument information retained for periods of not less than two years.
The fourth chapter legal liability
25th offences identified as selling substandard goods, industrial and commercial administrative departments shall, in accordance with the relevant laws, rules and regulations in the investigation.
Article 26th disobey article tenth, refused to accept the industry and commerce administration departments to carry out sampling, penalty shall be imposed in accordance with the 56th article of the product quality law.
27th operator violated these measures article 12th, who opened, damaged the backup sample, fines of between 10,000 yuan.
Article 28th disobey article 14th, is not provided within the time stipulated in the relevant product standards, or provide false enterprise standards and inspection of goods the false information shall be ordered to stop selling and fines of between 30,000 yuan.
Article 29th disobey 16th article, fails, and fines of between 30,000 yuan.
Article 30th disobey article 21st, refuse or delay the administration of industry and Commerce ordered goods for defects to halt sales, warnings and other measures, according to the consumer protection law 56th of the related provisions.
Article 31st violations of the provisions of this article 22nd, did not stop sales published by the Administrative Department for industry and commerce have endangered personal and property safety hazards and do not comply with the mandatory standards of commodity items in the list, a rectification, it fails, in accordance with the relevant laws and regulations relating to the sale do not comply with personal and property safety requirements for goods are punishable.
32nd breach of the rules shall be punished in accordance with the consumer protection law, penalties the penalties should be credited to the operator's credit file, which shall be announced to the public in a timely manner.
Article 33rd, recheck institutions forged tester for inspection report or a statement false, wrong information sampling test data and conclusions, leaked, to notify the relevant departments according to law.
34th industrial and commercial administrative law-enforcement officials who abuse their powers, neglect their duties, engages, shall be given administrative sanctions if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
The fifth chapter by-laws
35th sampling instrument reference model formulated by the State administration of industry and commerce.
Article 36th on the use of Internet, television, telephone, mail order, such as providing product quality inspection in accordance with the measures implemented.
37th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 38th article of the rules take effect on March 15, 2014.