Products Quality Supervision Management

Original Language Title: 产品质量监督抽查管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347838.shtml

Products quality supervision management

    (December 29, 2010, the State General Administration of quality supervision, inspection and quarantine the 133th, promulgated as of February 1, 2011) Chapter I General provisions

    First to standardize product quality supervision (hereinafter supervision), in accordance with the People's Republic of China product quality law and other laws and regulations, these measures are formulated.

    Article inspection mentioned in these measures refers to the quality and technology supervision departments to monitor product quality, law of People's Republic of China territory of production and sales of systematic random sampling and testing of products and activities to check the results and deal with.

    Third spot is by the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) Organization of national supervision and spot check local quality and technical supervision departments at and above the county level and organization of local supervision.

    Fourth spot should follow scientific and impartial principle.

    Fifth AQSIQ unified planning and management of the national supervision and spot checks work; is responsible for organizing the national supervision and spot checks work; summary, analysis and information about national supervision and spot checks.

    Provincial quality and technical supervision Department management, organization and implementation supervision and inspection work within their respective administrative areas responsible for compilation, analysis and information about the administrative supervision, responsible for the administrative State and local supervision and selective examination of product quality qualified enterprise and other relevant work; to the AQSIQ submitted inspection information as required.

    Sixth spot product is mainly involved in human health and personal and property safety of products, important industrial products affecting the people's livelihood as well as consumer, related organizations, reflects the quality of the products in question. Not to selected enterprises in seventh spot charging inspection fees.

    State supervision and supervision requirements addressed by the financial departments to arrange special funds.

    Eighth to supervision according to law, the Enterprise shall provide coordination and assistance, shall not impede, in any form, reject supervision and inspection work.

    The Nineth where higher authorities supervision of product quality, within 6 months from date of sampling, a lower level of the supervision of the enterprises of the product shall be repeated, in accordance with the relevant provisions of supervision except for emergency. Article tenth inspection of quality and technical supervision Department (hereinafter referred to as organization supervision sector) are responsible for issuing the inspection information.

    Without permission, no unit or individual may unlawfully publishes inspection information.

    Supervision information releasing approach formulated by the provincial quality and technical supervision Department is responsible for organizing.

    Chapter II supervision and inspection organizations

    11th AQSIQ is responsible for making the annual national inspection plan and inform the provincial quality and technical supervision Department.

    Provincial-level administrative areas of quality and technology supervision departments responsible for annual supervision plan, reported that the State General Administration of quality supervision record.

    12th organization supervision and inspection departments shall, in accordance with the provisions of laws and regulations, specify the relevant department or Commission has the statutory qualification of product quality inspection organizations (hereinafter referred to as inspection agencies) take on supervision and inspection work.

    Related to entrusted inspection agencies to assume supervision of work and organization supervision sector should be linked to Administrative Commission entrusted inspection agencies signed the agreement, specifying the rights, obligations, liability for breach of such content.

    Delegate inspection bodies shall undertake to ensure the supervision work of science, fair, accurate, truthfully to report test results and test conclusions, and responsible for the inspection, shall not be sub task, without the approval of organization supervision sector shall not be leased or borrowed equipment. Organization supervision and inspection departments shall strengthen sampling personnel and testing agencies supervision and management, and to develop appropriate assessment methods, for supervision of the implementation process and related institutions and personnel to carry out supervision and inspection.

    The inspection agencies of violating relevant provisions of these measures and, if necessary, to suspend its 3 years assume control of supervision qualification, and in accordance with the relevant provisions of the fourth chapter.

    13th State quality inspection administration according to laws and regulations, the relevant standards, State regulations such as the formulation and announcement of product quality supervision code of practice (hereinafter referred to as code of practice), as implementation of the supervision and inspection of work norms.

    Organization supervision sector, based on regulatory work needs, according to the code of practice to determine the specific sampling and judging the requirements of the project.

    Have not yet developed practices for products when you need to implement supervision, supervision and inspection departments shall formulate implementing rules of the organization. 14th organization supervision and inspection departments shall, under the supervision of plans, develop inspection programmes, supervision of tasks as specified in the order or the delegate inspection authority.

    Supervision and inspection programme shall include the following:

    (A) the applicable code of practice or the rules are formulated;

    (B) selective examination of product ranges and testing projects;

    (C) the check list or range.

    Chapter III implementation of the supervision

    First sampling 15th sampling personnel should be the responsibility of supervision departments or inspection agency staff.

    Sampling personnel should be familiar with relevant laws, regulations, standards and regulations, and training qualified before sampling. 16th samples shall be not less than 2.

    Before the sampling shall be produced to the selected enterprise organizations issued by the supervision Department of supervision notice or copies of relevant documents and a valid identity document, to selected businesses tell us the nature of supervision, inspection scope, implementation specification or implementation details and other related information, sample. Sampling personnel should verify the license information of selected enterprises, enterprises licensed.

    According to law the implementation of administrative licensing qualification management, market access and related products, should also be verified by spot checks of companies relevant statutory qualifications, confirm the check products in the legal qualification of the enterprise after the allowable range, sampling.

    Sampling officers were found at the scene spot enterprises production without a license without a license without examination to determine clearly illegal acts, checks shall be terminated, and timely and relevant information submitted to local quality and technical supervision departments and related departments for processing.

    Sampling sampling personnel should be fair and impartial, not swayed by personal considerations. 17th inspection sample should be determined by sampling personnel on the market or enterprise products for sale in the warehouse of finished products randomly, not enterprise sample.

    Samples should be drawn is a product quality inspection certificates or otherwise indicate that qualified products.

    Supervision and inspection of samples from selected companies provided free, number of samples shall be in accordance with the relevant provisions of the extraction, there is no specific number of provisions, inspection of samples shall not exceed reasonable needs.

    18th under any of the following circumstances, not sampling sampling personnel:

    (A) the selected enterprise supervision notice or copy of documents listed in the product;

    (B) there is sufficient evidence to prove that the proposed spot checks of products are not for sale;

    (C) products are not related to mandatory standards, as agreed by the parties, only technical requirements for production, and did not perform any standard;

    (D) there is sufficient evidence to prove that the proposed spot checks of exported products for enterprise and export contracts provide otherwise on product quality;

    (E) product, package, or label statement marked "prototype", "treatment" or "sample" words;

    (Vi) product sampling base does not meet the requirements of sampling programmes.

    The 19th under any of the following circumstances, selected enterprises can refuse to accept checks:

    (A) sampling of persons less than 2;

    (B) sampling personnel cannot be issued inspection notices, copies of documents, or a valid identity document;

    (C) does not match the sample notice of people's names and supervision;

    (D) selected corporate and product names is inconsistent with notice of inspection;

    (E) require businesses to pay inspection fees or any other fees.

    20th sample staff letter samples, shrink-proof measures should be taken to ensure the authenticity of the sample. 21st sampling personnel should use the provided sample document detailed sample information. Sampling instruments must be signed by the sampled and selected business-related personnel, official seal and stamp selected businesses.

    For special cases, the two sides signed.

    Sampling instruments should be neat and clear, easy to read, and shall not be altered, that need to be changed it should be signed by both parties. Sampling instruments retained business and testing agencies and submitted to the supervision of the Organization Department.

    State supervision of work undertaken by both the sampling instruments sampling inspection agencies submitted to the provincial quality and technical supervision Department of the enterprise is located.

    22nd enterprise switches production, shutdown and bankruptcy caused no samples can be taken, sampling personnel should gather all supporting material, recorded and confirmed by the local quality and technical supervision departments, timely reporting organization supervision sector. 23rd extract sample sent to undertake inspection work of the inspection bodies, shall be carried by the sampling officer is responsible for or send. Enterprises need help send, send samples, which included supervision of funding requirements.

    For fragile goods, dangerous chemicals, special storage conditions and other requirements of samples, sampling personnel should take measures to ensure sample transport status does not change. Extraction of sample storage in enterprise, by inspection for safe keeping.

    Enterprises are not allowed to change, conceal, dealing with spot checks of sealed samples.

    Article 24th spot checks of businesses without a legitimate reason to refuse inspection, sampling personnel should fill in refused inspection form showing refused inspection of the enterprise, the local quality and technical supervision departments and sampling staff to confirm and report organization supervision sector.

    25th in market sample, sample unit shall notify the product packaging or on the nameplate of nominal production enterprises, recognized pursuant to article 16th company and product information. Manufacturers need to make sure that the sample has objections, should the Organization in the 15th after receiving notification of the supervision Department objections or their authorized agencies, and provide supporting materials.

    If no written reply, as no objections. Organization supervision sector production enterprises shall verify the objection raised.

    Sample is not the product of nominal production, transfer of sales business is located in the relevant departments according to law.

    Section II inspection

    26th Inspection Agency received samples should be checked, recorded samples of appearance, State, seal damage and other test results affect or determine the situation and confirm that the sample and the sampling instrument of record is consistent with, and alternate sample label corresponding to examining identity storage.

    Without affecting the test result of sample cases, packaging or repackaging should, whenever possible, samples number, to ensure that doesn't happen for other reasons, led to unjust situations. 27th inspection bodies shall keep the samples.

    Make and sample management procedures documents, detailed record test sample passes in the process.

    28th during the inspection in case of sample failure cannot, or other inspection, inspection agencies must record rates, provide sufficient evidence, reported to the relevant situation and organization supervision sector.

    29th test records must fill out, guaranteed authentic, accurate, clear, and retained for future reference; shall not be altered, changes should be signed by the Inspector and report jointly to confirm.

    Article 30th for products requiring field inspection, inspection authority shall make an on-site inspection and ensure that all tests follow the same procedures for the same products.

    31st except in circumstances set out in article 28th outside, inspection bodies shall issue a test report, inspection report should be true complete and accurate data, conclusion. Inspection reports issued by the inspection bodies shall be responsible for the truthfulness, accuracy.

    Forgery report or its data, and test results. 32nd after the end of the inspection, inspection bodies shall within the time stated in the inspection report and the relevant information submitted to the supervision of the Organization Department.

    National supervision and spot check copied provincial quality and technical supervision Department of the production enterprises are located. 33rd test results for samples should be qualified in the test results return in time after the objection date selected enterprises.

    Failed to pass the test results for the samples should be in test results three months after the expiry of the objection to return the random enterprises. Damage or loss resulting from the testing of samples cannot be returned shall be made to the selected companies to explain the situation.

    Selected samples returned by businesses, by the parties through consultation.

    Section III challenge review

    Article 34th organization of supervision and inspection departments shall timely test results and to spot check the legal right to notify the selected enterprises, or delegate inspection authority informed.

    Sampling on the market, shall be notified in writing and marketing enterprises and production enterprises, and production enterprises are located by selective examination of product quality and technical supervision Department. 35th disagrees with the results of testing of selected enterprises, since the date of receiving the inspection results in the 15th to the supervision of the organization or its superior quality and technology supervision departments to submit written review applications.

    Fails to put forward any objections, as an admission test results.

    36th of quality and technology supervision departments shall deal with the objection raised by, or you can delegate to the next level of quality and technical supervision departments or designated inspection agency processing businesses raised objections. On the need to review and test conditions, deal with objection to the quality and technology supervision departments or the designated testing agencies should, according to the inspection programme for retention of samples or take alternate sample organizational review and survey report, written replies in the 10th after the inspection has been completed.

    Recheck conclusion for a final conclusion. 37th review concluded that sample pass the re-inspection fee included in supervision and inspection requirements.

    Review concluded that samples are not qualified, retest the sample producer's expense. Article 38th inspection agency retest results should be submitted to the supervision of the Organization Department in a timely manner.

    State supervision shall also copy to local provincial quality and technical supervision Department.

    Fourth quarter results The 39th organization supervision sector should be collected and analyzed inspection results, notice of result of public supervision according to law, to the local people's Government, the higher authorities and inform the departments concerned at the spot.

    Without good reason refused to accept the supervision and inspection of the enterprise, to the public.

    On supervision and inspection found serious quality problems, organize supervision departments should report to the people's Government at the thematic and submitted to the competent authorities.

    40th article of quality and technical supervision departments responsible for supervision and inspection results processing (hereinafter referred to as departments in charge of reprocessing) should be to check the certified product manufacturer issued to order the rectification notice, rectify.

    Supervision of the certified product manufacturer, except for production, production and other reasons not to continue the production of, or relocation of, natural disasters and so on doesn't work outside and can provide proof of a valid and must be corrected. Enterprise should since received ordered rectification notice of day up, identified not qualified products produced of reasons, identified quality responsibility, according to not qualified products produced of reasons and is responsible for Hou processing of sector proposed of rectification requirements, developed rectification programme, in 30th within completed rectification work, and to is responsible for Hou processing of sector submitted rectification report, proposed review application; enterprise cannot regular completed rectification of, can application extension once, and should in rectification expires 5th Qian application extension, extension shall not over 30th ; Certainly not normal delay caused by the Office for rectification of the enterprise, should go through the business proved, stopped the production of similar products, and in normal working conditions, corrective action as required, review.

    Enterprises in the reform of its review prior to qualifying, not continue to produce and sell the same types of product specifications.

    41st spot substandard products production enterprise shall, from the date of receipt of the inspection report to stop production and sale of substandard products, inventory of substandard products and inspection bodies in accordance with the provisions of the present article 33rd full liquidation of failed samples that have been returned; the factory, sales of substandard products dealt with according to law, and report to the Department responsible for processing written information.

    On labels, marks or product specification does not conform to product safety standards, production enterprises in the context of remedial measures and to ensure product safety, may continue to sell.

    Products have serious quality problems of supervision, in accordance with these measures the relevant provisions of the fourth chapter.

    42nd Department responsible for processing after receiving the business review application should be organized in the 15th statutory qualified inspection agencies in accordance with the original supervision a sample review.

    Supervision of the certified product manufacturer expires without a legitimate reason not to apply for a review of rectification, is responsible for reprocessing departments shall organize a mandatory review.

    Review the inspection costs borne by the unqualified product manufacturers.

    43rd under supervision of the certified product manufacturer of the following fails to correct the situation, by the provincial quality and technical supervision departments to society announcements:

    (A) supervision of substandard products, without a legitimate reason to refuse the rectification;

    (B) the supervision of substandard products, after expiration of the corrective action, did not submit a review request, has not yet applied for extension of review;

    (C) the companies submitted to the Department responsible for reprocessing within the prescribed corrective action report and review application, but did not implement the corrective measures and the product has not qualified to review.

    44th regional supervision and spot checks found products, quality problems of the industry, or product quality issues are serious, the Department responsible for reprocessing may, jointly with relevant departments, organized the quality analysis meeting, and urge enterprises to reform.

    45th article of quality and technical supervision departments at all levels shall strengthen the supervision and inspection of unqualified product manufacturers to track inspections.

    Article 46th spot substandard products and its quality of the enterprises belonging to other departments, organizations supervision and inspection departments shall be forwarded to the relevant Department.

    The fourth chapter legal liability

    47th enterprise without justification refuse to accept supervision according to law, the local quality and technical supervision departments in accordance with the People's Republic of China product quality law article 56th.

    48th spot check company violates these measures article 23rd, unauthorized change, conceal, dealing with spot checks of samples in storage, the local quality and technical supervision Department fined 30,000 yuan fine.

    49th spot substandard products production enterprise in violation of these regulations 41st provides that upon receipt of the inspection report does not immediately stop manufacturing and selling defective products, the local quality and technical supervision departments in accordance with the People's Republic of China product quality law of the 49th, 50th, 51st and 60th article.

    50th supervision of the certified product manufacturers to review their products are still not qualified, local quality and technical supervision authorities ordered businesses closed in the 30th; reorganization has not qualified review again after the expiration, informed the authorities revoked licenses.

    51st inspection found serious quality problems in the product, by the production of local quality and technical supervision departments in accordance with the People's Republic of China product quality law of the 49th, 50th, 51st and 60th article.

    52nd article test institutions violation this approach 12th article, and 32nd article and 38th article provides, points package test task of, or without organization supervision checks sector approved, loan others detection equipment of, or not by provides timely submitted test report and the about situation and review results of, by organization supervision checks of sector ordered corrected; plot serious or refused to corrected of, by location quality technology supervision sector at 30,000 yuan following fine.

    53rd inspection agency violates the measures article 31st, falsification of test results, the local quality and technical supervision departments in accordance with the People's Republic of China product quality law article 57th.

    54th organization supervision sector disobey the Nineth article repeated supervision from higher authorities or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    55th organization supervision sector violates the 15th to article 25, irregular sampling, by the higher authorities or supervisory organs shall be ordered to correct serious or refuses, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    Inspection Agency acts listed in the preceding paragraph, by the Organization supervision and inspection departments shall be ordered to correct serious or refuses, the local quality and technical supervision Department fines of between 30,000 yuan.

    Organization supervision sector breach of 56th article of the article seventh and 17th article charge to selected enterprises or in excess of the prescribed amount to obtain samples, by higher authorities or supervisory bodies in accordance with the People's Republic of China product quality law of the 66th article.

    Inspection Agency acts listed in the preceding paragraph, by the Organization supervision and inspection departments shall be ordered to correct serious or refuses, the local quality and technical supervision Department fines of between 30,000 yuan; a suspected crime, handed over to judicial organs for handling.

    57th participate in supervision and inspection of product quality supervision departments and their staff, the following violations of the law, regulations and related disciplines, supervision by the Organization of the Department or by the competent authorities and the supervisory organ shall be ordered to correct serious or refuses to, shall be given administrative sanctions; a suspected crime, handed over to judicial organs for handling.

    (A) violations of the tenth article supervision information published without authorization;

    (B) prior notification before the sampling work carried out in selected enterprises;

    (C) receive selected business gifts;

    (D) during the implementation of supervision, signed with the enterprise products of the paid service agreement or accept the company commissioned tests of the same product;

    (E) use of supervision results in paid activities, product recommendation, assessment activities carried out, to the supervision of enterprises supervision certificate or plaque;

    (Vi) use basis to seek any other illegitimate benefits.

    Inspection Agency acts listed in the preceding paragraph, by the Organization supervision and inspection departments shall be ordered to correct serious or refuses, the local quality and technical supervision Department fines of between 30,000 yuan; a suspected crime, handed over to judicial organs for handling.

    Article 58th organization supervision sector and assume control of supervision of inspection bodies, recommended to the social product or producer to producer, sale and participate in product production and business activities, in accordance with the People's Republic of China product quality law article 67th.

    The fifth chapter supplementary articles

    Article 59th of the People's Republic of China Food Security Act and its implementing regulations relevant provisions otherwise on food supervision and inspection, and from its provisions. 60th national supervision and spot check the certified product manufacturing enterprises registered with the actual place of business is not in the same province (autonomous regions and municipalities), can be used by enterprises registered in the appropriate provincial quality and technical supervision departments and the actual place of business where the provincial quality and technical supervision departments to consult jointly commissioned work.

    About processing results by the registered seat of the provincial quality and technical supervision Department is responsible for the summary.

    Local supervision of the certified product manufacturing enterprises registered with the actual place of business is not in the same city (and State), can refer to the preceding paragraph, by the corresponding municipal quality and technical supervision Department is responsible for processing and results collection.

    61st article organization place supervision checks in the, found not qualified products production enterprise in other province (autonomous regions, and municipalities) of, should by this province (autonomous regions, and municipalities) quality technology supervision sector transfer enterprise location sibling quality technology supervision sector; in this province (autonomous regions, and municipalities) within of other city (to, and State) of, should by city level quality technology supervision sector transfer enterprise location sibling quality technology supervision sector.

    The 62nd article of the approach by the AQSIQ to interpret. 63rd these measures come into force on February 1, 2011. Released in December 2001, the national product quality supervision and inspection regulations repealed simultaneously.