Nanjing Metrological Supervision Management

Original Language Title: 南京市计量监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399464.shtml

Nanjing metrological supervision management

    (January 17, 2014 Nanjing 24th Executive meeting January 23, 2014 Nanjing municipal forest No. 299, published since March 1, 2014) Chapter I General provisions

    First in order to strengthen the supervision and management of measurement, normative activity promoting business integrity, maintaining the market economic order, and protect the legitimate rights and interests of consumers and producers, in accordance with the People's Republic of China metrology Act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second measurement activities in the administrative area of the city, the implementation of metrological supervision and administration, these measures shall apply.

Article engaged in metrology activities should be guided by the scientific norms, the principle of honesty and trustworthiness, according to management, the proper use of the State legal measurement units to ensure accurate and reliable measurement instruments, measurement data valid.

    Metrological supervision management should follow the principle of lawful, fair, open and efficient.

Fourth of municipal administrative departments in charge of unified supervision and management of the activity within the administrative area of the city, measuring provisional regional administrative authorities are responsible for the supervision and management of the activities.

    Business, business, economics and information technology, environmental protection, public health, Department of housing and urban-rural development in accordance with their respective responsibilities, to assist measurement supervision and administration.

Metrological work of fifth of municipal and district people's Government to strengthen leadership, will be incorporated into the national economic and social development planning, establishing metrological work coordination mechanism to resolve major issues in measurement.

    Town government, neighborhood offices shall, in accordance with their respective responsibilities, to assist measurement supervision and administration.

    Sixth encourages and supports relevant industry associations to develop measurement industry management standards, strengthening self-discipline, provide professional technical guidance, vocational and technical training, information and consulting services.

Seventh to encourage application of advanced metering technology and management methods.

    Measurement units and individuals that have achieved outstanding successes in work by the municipal and district people's Government and administrative authorities commend or award.

    Chapter II administration of measuring instruments

Article eighth metrological Administrative Department shall establish a social common measurement standard instruments, as a basis for harmonization of the administrative measure.

    Enterprises can establish standards of measurement used in this unit, and after passing the examination in accordance with the provisions of administrative authorities.

Nineth following compulsory certification of measuring instruments:

(A) the social common measurement standard instruments;

(B) the enterprises and institutions set up and use the highest level of standards of measurement;

(C) for trade settlement, security, health, environmental monitoring has included in the national list of compulsory certification of measuring instruments;

    (D) laws and regulations require compulsory certification of other measuring instruments.

Article tenth the following measuring instruments have a key control:

(A) for resource management, forensic and administrative law enforcement, management needs to be strengthened in the area of food safety;

(B) for trade settlement, security, health, environmental monitoring, management needs to be strengthened but not included in the national compulsory certification catalog;

(Iii) other key regulatory measuring instruments should be made.

    Implementation of key regulatory list of measuring instruments, the municipal administrative departments for measurement, submitted to the municipal people's Government announced. 11th use compulsory examination or unit and personal key regulatory measuring instruments, should be inventoried, filing to the district administrative authorities, and apply to the legal metrological verification cycle test. Not fail to pass the examination and verification as required, and shall not be used.

Calibration interval has expired, or continue to use after the repair, you should test.

Use other measuring instruments other than those stipulated in the preceding paragraph, use the units and individuals should refer to the technical specifications to determine verification and calibration cycle, self test, calibration or send a qualified institution verification, calibration; the use of units and individuals on their own verification, calibration should be establishing a corresponding standard.

    Pass the verification, calibration should be visibly affixed to verification and calibration of measuring instruments label. 12th for trade settlement of water meters, meter, gas meter, heat (cold), scales and other measuring instruments, should be made up of water, electricity, gas, heating (cooling) operators in applying for the first time and cycles, such as compulsory certification.

Use expiration or damaged, the operator is responsible for replacement and inspection in accordance with regulations.

    Batch verification of measuring instruments provided for in the preceding paragraph, each batch of average error of indication shall be less than or equal to zero; the average error is greater than zero, the batch of measuring instruments to be ineligible. 13th article manufactured or repaired parts included in the national catalogue of measuring instruments pattern approval of measuring instruments, shall obtain a permit to manufacture or repair.

Manufacturing factory of measuring instruments should be accompanied by a certificate (seal), and significant parts (or plate), manual and marked on the package of unified provisions of the State manufacture license logo and number, factory plant site. Selling permits the management of measuring instruments, shall examine the measuring instruments manufacturing license and the logo and serial number.

    Imported and sold included in the national list of measuring instruments management of measuring instruments, measuring instruments for implementation of national import regulations.

14th manufacture, repair, sale and use of measuring instruments shall not be any of the following acts:

(I) forging or fraudulently use, transfer, loan, lease, manufacture or repair permits;

(B) damaged seal or the accuracy of measuring instruments;

(C) retrofitting cheat device (function) or destroy anti cheat device (function);

(D) sale, use of certificate (print), no permit flags, numbers, no measuring instrument plant site;

(E) the manufacture, sale and use of State decrees eliminating or prohibiting the use of measuring instruments;

(Vi) use without verification, calibration, over verification, calibration cycle or by franchising unqualified, calibration of measuring instruments;

(VII) false verification, calibration certificates or provide verification, calibration certificate, using forged;

    (VIII) other behaviors prohibited by laws, rules and regulations.

    Chapter III verification and calibration management

    15th metrological Administrative Department set up or authorize the establishment of metrological verification body for legal metrological verification body.

16th legal metrological verification body should be in the administrative departments for measurement authorization or verification within its terms of reference.

Calibration should be carried out in accordance with national metrological verification system, implementation of metrological and calibration certificates issued by it.

    Legal metrology institutes, measurement and calibration services for the community, metric calibration organizations should implement the relevant provisions.

Article 17th legal metrological verification bodies, institutions providing measuring instrument calibration services to the community, for measurement and calibration bodies.

    Metrology and calibration shall have legal personality, adapted to the calibration project establishment and application of quality systems and standards, and through qualification.

    Metric calibration organizations article 18th shall hold a qualification certificate and measurement standard certification, documentation and filing formalities to the administrative departments for measurement.

Metric calibration organizations article 19th Metrology calibration services, shall sign an agency contract, clear specifications for calibration or calibration methods and calibration certificates issued by the client.

    Metric calibration organizations the calibration project partly subcontracted to other agencies, shall obtain the written consent of the client, and indicated in the calibration certificate.

Article 20th metric calibration organizations shall not be any of the following acts:

(A) assign no qualified personnel to carry out measurement and calibration services;

(B) emphasis should be compulsory certification or monitoring of measuring instruments, replaced by the Metrology and calibration verification;

(C) issue a false certificate of calibration;

(D) without the client's consent, the calibration projects subcontracted to other institutions;

(E) to represent the Department, Office or branch on behalf of the non-independent legal entities such as organizations engaged in metrology and calibration services;

(Vi) failed the qualification engaged in metrology and calibration services;

(VII) use of untested, that are disqualified, or standards of measurement in calibration of the calibration cycle services;

    (VIII) other behaviors prohibited by laws, rules and regulations.

    21st to provide measurement of quality inspection, justice services, impartial data tests involving real estate area surveying institutions should be commensurate with the service detection ability, and through qualification.

    The fourth chapter measurement and management

22nd units engaged in metrology metrology management system should be established, with appropriate measuring instruments and metrological management personnel.

    Encourage units engaged in metrology through measurement qualified confirmation, measurement assurance confirmation or measurement management system certification.

Article 23rd market operator shall perform the following duties:

(A) uniformly configured as mandatory standards, measuring instruments, provided free of charge within the field operators and to supervise their use;

(B) responsible for the management of measuring instruments, testing, repair and replacement, guaranteed qualified and accurate verification of measuring instruments logo, seal and mark clear sound market management;

    (C) the apparent position qualified measurement instruments in the market, provided free of charge to public review of measurement data.

Article 24th time parking operators, telecom operators are equipped with parking, telephone timing and charging device and use shall be subject to mandatory Government standards.

    Measuring network traffic, speed, bandwidth, measurement devices, periodic verification or calibration shall, in accordance with the relevant provisions to ensure accurate billing.

25th water supply, power supply, gas supply, heating (cooling) operators shall be displayed in accordance with the end users of measuring instruments as a basis for settlement of a measure shall not be passed on outside energy losses and losses of pipelines or other facilities.

Real estate transaction should be marking the actual floor space and floor space, and in accordance with the relevant provisions of the settlement area of the State settlement.

    Preparation glasses shall be equipped with its production, optometry, test measurement equipment suitable for carrying on business, assurance of glasses issued by measurement data are accurate and reliable. Article 26th transaction value of goods and provision of services to settlements, the operator shall give the State legal measurement units, and indicates the value of measuring instruments as a basis for settlement. Settlement value and the actual value deviation allowed value shall, within the scope of the national provisions.

Non-quantitative measurement values of pre-packaged goods shall be deducted all packing material weight. While in Live trading, instant liquidation, operators shall provide consumers express units of measurement, measurement and value.
Disagrees with the consumer, the operator shall operate value and display again and settled by new values.

    27th production, packaging and sale of quantitatively packed commodities, should be in the package prominently in Chinese letters, numbers, and legal units of measurement, real, clearly mark products NET contents.

Quantitatively-packed commodities marked NET content difference and net content shall conform to the relevant regulations of the State.

    Production, packaging and marketing of quantitatively packed commodities should be reasonable, shall not violate the relevant standards and technical specifications for excessive packaging.

Article 28th of commodities trading, commodity measurement may be agreed upon settlement, may also appoint a qualified testing organizations measure.

    Measurement of government procurement of bulk materials, measures the shall entrust a qualified testing agency.

    Article 29th Government-funded major projects, major projects unit of the units of measurement should be used and the selection of measuring instruments in accordance with State regulations to review, or authorize the legal metrological verification body.

Article 30th measured in energy units shall in accordance with the following provisions:

(A) equipped with measuring instruments of energy in accordance with the relevant provisions, meet the energy classification, grading and measurement requirements and phased in with automatic data acquisition and transmission capabilities, intelligence and networking functions of the measuring instruments of energy;

(B) establishment of the measuring instruments of energy files, verification and calibration on a regular basis in accordance with regulations;

(C) to establish and improve the system of energy measurement data monitoring, collection and use, classification of measurement and statistics of various types of energy consumption;

    (D) strengthen energy metering equipment, personnel training, management and application data, and accept the administrative departments for measurement checks.

31st key energy unit in addition to compliance with the prescribed article 30th, energy measurement should also be in accordance with the following provisions:

(A) strengthen measurement management system, measuring management system through measurement assurance confirmation or certification;

(Ii) has engaged in energy metering professionals, through the expertise of trained and certified;

    (C) the energy of metrological supervision management system of energy measurement data to include.

    Fifth chapter of supervision and inspection

    Article 32nd metrological Administrative Department for water, electricity, gas, heat, fuel (gas), communications, medical, real estate and other goods and service measurement activities focus on monitoring.

    Article 33rd metrological measurement management of administrative departments shall establish a social credit system, establishment of credit archives, classified supervision.

    Article 34th metrological Administrative Department should strengthen the legal institutes, calibration and other testing agencies supervision, through on-site verification, measurement than reciprocal measures, to supervise and inspect its verification, calibration and test activities, prosecuted offence.

35th metrology metrological supervision and inspection carried out by the Administrative Department shall not disclose being supervised and examined the technological know-how and business secrets of the units or individuals shall not be submitted to the party has nothing to do with supervision and inspection requirements.

    No unit or individual may refuse or obstruct the legal metrological supervision and inspection shall not condone or cover up violations of measurement shall not conceal, transfer, handling, damage being sealed up or seized or registration and preservation of materials, and other relevant evidence.

    Article 36th administrative authorities involved in the supervision and inspection measurement verification and inspection shall not charge costs included in the budget at the same level.

37th measurement disputes in the business and service activity, the parties may apply to the administrative departments for measurement for mediation or arbitration approval.

    During the dispute, the Parties shall not change the technical condition of measuring instruments in connection with dispute and trade measures.

    The sixth chapter legal liability

    38th article violates these rules, laws, rules and regulations on penalties from its provisions.

39th article violates these rules, compulsory certification or focus on measuring instruments not yet applied in accordance with the provisions of regulation of examination and verification of the nonconforming use, by the administrative departments for measurement a rectification and measuring instruments for every 500 Yuan more than 1000 Yuan fine.

    Violation of these rules, using compulsory certification or of key regulatory measuring instruments units or individuals in the measuring instruments before use, failing to filing, by the administrative departments for measurement a rectification; fails to mend, a fine of between 5,000 yuan and 10,000 yuan.

    40th article violates these rules, legal metrology institutes, calibration body replaced by calibration verification or testing failed the qualification and provide impartial data, by administrative authorities shall order to stop measurement related measuring behavior, and a fine of between 10,000 yuan and 30,000 yuan.

41st article violates these rules, measurement calibration agencies to assign qualified personnel to carry out measurement and calibration services, issues a false measurement and calibration certificates, failed the qualification to carry out measurement and calibration services, or without the client's consent to subcontract the calibration project, ordered by the administrative authority to correct, and a fine of between 10,000 yuan and 30,000 yuan.

    Violation of these measures, metric calibration organizations is not filed, or on behalf of the non-independent legal entities engaged in metrology and calibration services, by the administrative departments for measurement a rectification, and a fine of between 5,000 yuan and 10,000 yuan.

    42nd article violates these rules, market operators fail to implement measuring instrument configuration, calibration, repair, replacement and management responsibilities, by the administrative departments for measurement to correct within; it fails to mend, a fine of between 10,000 yuan and 30,000 yuan.

    43rd article violates these rules, production, packaging, sales of quantitatively packed commodities illegal and excessive packaging goods, ordered by the administrative authority to correct, and a fine of between 5,000 yuan and 10,000 yuan.

44th article violates these rules, key energy unit has one of the following, by the administrative departments for measurement a rectification; fails to mend, a fine of between 10,000 yuan and 30,000 Yuan:

(A) professionals engaged in energy measurement of undocumented;

    (B) the measurement management system is not measuring system through measurement assurance confirmation or certification.

    Article 45th metrological Administrative Department shall establish administrative discretion benchmark system, specifically the application of the administrative sanctions as provided herein, penalties and public standards and ranges.

    Article 46th metrological Administrative Department who violate these rules, abuse of power, deception, negligence, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    47th activity in these measures, including the use of units of measurement, establishment of measurement standards, metrological verification and calibration, such as trade and services, energy metering, manufacture, repair, sale and use of measuring instruments. 48th article this way as of March 1, 2014. Metrological supervision and administration, Nanjing Municipal Government of August 6, 1999, issued by the measures repealed simultaneously.