Hunan Province, Product Code Management

Original Language Title: 湖南省商品条码管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399565.shtml

Hunan province, product code management

    (January 22, 2014 21st Executive meeting February 22, 2014, Hunan province people's Government provincial government order No. 269, published since April 1, 2014) Chapter I General provisions

    First in order to regulate the commercial bar code management, promoting commodity bar code applications, promoting the circulation of information construction and economic development, in accordance with the People's Republic of China standardization law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second registration of commodity bar code within the administrative area of the province, coding, design, printing, application and management of activities such as the application of these measures.

    The bar mentioned in these measures refers to common to both international and internal circulation, commodity producers, product-specific information, such as coding for automatic recognition and identification.

    Third people's Governments above the county level shall strengthen the promotion of commodity bar code, apply the product code into information construction, and gradually establish a product tracking and tracing systems.

Article fourth provincial quality and technical supervision departments across the province the bar work.

    City, State, County, city of quality and technical supervision departments are responsible for the supervision and administration of the bar within the administrative area.

    Fifth national EAN agency branches set up in the province (hereinafter referred to as code branches) duty work according to state regulations, provides bar code technical services.

    Chapter II registration, renewal, change and cancellation

Sixth production in the administrative region of this province the following prepackaged products, should be marked on product identification product code:

(A) foods and food additives;

(B) drugs and medical instruments;

(C) clothing, textiles, knitwear;

(Iv) household appliances, chemicals, ceramic products, toys

    (E) other identified provincial health and personal and property safety of the product.

Seventh article this article sixth producer of prepackaged products listed, not yet applied for registration barcode, these measures shall apply for registration within 1 year from the effective date of the bar and on the product identification label barcode.

    Encouraging other producers, sellers and service providers to apply for registration of commercial bar code.

Article eighth commodity producers, sellers and service providers apply for a barcode, an application shall be made to the code branch, fill out of the Chinese members of the barcode for commodity system registration form, show business license or legitimate business qualification certificate and provide copies. Commodity producers, sellers and service providers apply for bar or to the City State, County, city of quality and technical supervision departments to submit the application materials.

    Corresponding quality and technology supervision departments should be within 2 working days from the date of receipt of application materials will apply for transfer of materials code branches.

Nineth code branch shall, within 3 working days from the date of acceptance to encode the qualified application materials are submitted to the State Agency.

    Application materials are qualified, will return the application to the applicant and state the reasons.

    Article tenth commodity producers, sellers and service providers national EAN Agency issued the certificate of the Chinese members of the barcode for commodity system (hereinafter referred to as the certificate of system members), become members of the barcode for commodity system (hereinafter referred to as members).

11th commercial bar code is valid for 2 years, members of the system should be in the bar before the expiry of 3 months code branches in renewal.

    Code branches should be at the bar before the expiry of 3 months notice in writing effective system members to apply for renewal of the bar.

    12th system a member's name, address, legal representative when the information changes, such as, should be since the date of information changes in the 30th, taken to encode a branch office or a letter, fax, electronic data interchange, to the code branches change procedures.

13th Member fails to go through the renewal of the system, shall be reported by code branches national EAN agency cancel its membership system.

    Stopped using the barcode system members, shall discontinue use within 3 months from the date the certificate of system members to the code branch for cancellation procedures.

    Article 14th members lost or destroyed certificate of system members, shall be published in the public media lost statement, apply to the code branch for a replacement certificate of the system members.

    15th barcode printing more than packaging surface area or label printable size one-fourth, Member of the system can be applied to the code branches using UPC Barcode.

    Chapter III coding, design and printing

    16th bar coding, design and printing should be consistent with the product code (GB12904) and other national standards.

    Article 17th member of the system should be carried out in accordance with the relevant national standards for product coding and completed within 30th of encoded information communicated to the code branch. 18th printing enterprises to contract a commercial bar code printing business, examine and copy the archive client system members of the certificate or proof of legitimate use of the barcode.

Archive for a period of 2 years.

    Printing enterprise must not be a member without the system certificate or is unable to provide the legitimate use of printing barcode commercial bar code proof of the principal.

    The fourth chapter application and management

Article 19th bar enjoys the exclusive right to registered members of a system, shall not be transferred to another person without authorization.

    Commissioned production of products need to be marked on the label bar code, shall mark the client's product bar code.

20th Group subsidiaries need to use bar code, they shall be separately registered.

    Subsidiaries in the Group's development, production and management on the same brands of similar products using Group bar should be used within 3 months from the date the power of Attorney and other materials to inform the code branch.

    Article 21st manufacture products for use within their own administrative areas in the province registered outside the bar, should be used within 3 months of the date code branch informed the bar register certificates, power of Attorney, and other related materials.

22nd distribution of merchandise already marked on the label bar code, the seller shall not be used in-store bar code to replace and overwrite. Distribution of merchandise without the barcode on the label, the seller can use in-store bar code.

    In-store bar code used should be consistent with the in-store bar code (GB/T18283) national standards.

    23rd sellers purchase shall examine with members of the bar corresponds to the system certificate or proof of legitimate use of the barcode.

24th no unit or individual is allowed to any of the following acts:

(A) without applying for registration, on the product identification label bar code;

(B) on the product identification label barcode posing as product code or mark a fake product code;

    (C) the identification mark has been cancelled on the bar.

    25th code branch should be free of charge to members of the system to handle product code communications, change and cancellation as well as for a replacement certificate of system members.

    The fifth chapter legal liability

    26th in violation of the provisions of this article seventh, the producer is not registered within the specified time the application bar and mark the barcode on the product identification, rectification; fails, fined a maximum of between 3000 and 1000 Yuan.

    27th in violation of the provisions of this article 12th, 13th, members of the system are not in accordance with the requirements for the product code change and cancellation procedures, a rectification; fails, fined a maximum of between 1000 and 500 Yuan.

    28th article violates the provisions of this article 16th, bar coding, design and printing of the non-conformity with the product code (GB12904) and other relevant national standards, a rectification; fails, fined a maximum of between 2000 and 1000 Yuan.

    29th article in violation of the provisions of article 18th, printing businesses for failure to obtain the system certificate or cannot provide proof of lawful use of bar code the client printing the barcode, correction, more than 5000 Yuan and fined a maximum of 20000 Yuan.

    30th in violation of the provisions of this article 19th, unauthorized transfer barcode system members, a rectification; fails, fined a maximum of between 10000 and 5000 Yuan.

    31st article violates this article 17th, 20th, 21st, the provisions of articles, members have not been informed of the system bar code information and materials, and rectification; fails, fined a maximum of between 1000 and 500 Yuan.

    32nd in violation of the provisions of this article 22nd, replace or overwrite with a store bar code barcode, usage not in accordance with the standard store bar code, a rectification; fails, fined a maximum of between 1000 and 500 Yuan.

    33rd in violation of the provisions of this article 23rd, the seller, purchase, did not check with members of the bar corresponds to the system certificate or proof of legitimate use of the bar, a rectification; fails, fined a maximum of between 3000 and 1000 Yuan.

34th in violation of the provisions of article 24th of this approach, any of the following acts, a rectification; fails, fined a maximum of between 3000 and 1000 Yuan:

(A) without applying for registration, on the product identification label barcode;

(B) on the product identification label barcode posing as product code or mark a fake bar;

    (C) product identification mark has been cancelled on the bar.

35th staff engaged in commodity bar code management of any of the following acts, the competent departments shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failing to handle the bar application for registration or renewal;

(B) to inform the members of the system for bar code information, change and cancellation procedures and the replacement of the system membership certificate fee;

(C) the unlawful imposition of administrative penalty;

    (D) other acts of dereliction of duty, abuse of authority or engages in.

    The sixth chapter supplementary articles
36th provincial people's Government on the other should be identified on the product identification label barcode catalog, its quality and technical supervision departments should be published on a regular basis.

    Meaning of the 37th products listed herein, provisions of laws, regulations and rules, from its provisions stipulated by laws, regulations and rules did not apply national standards of the classification and codes for national primary products (GB/T7635 1) concepts and classifications.

Pre-packaged products mentioned in these measures refers to advance packaging or making to the packaging materials and containers of products available directly to consumers.

    Store bar code refers to the seller in order to facilitate goods in-store management for goods produced its own temporary codes and logos. 38th article of the rules take effect on April 1, 2014.