Xi Of Metrological Supervision Management

Original Language Title: 西安市计量监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399443.shtml

XI of metrological supervision management

    (Adopted at the 85th general meeting of June 2, 2014 municipal 115th June 10, 2014 in XI ' an city people's Government promulgated as of July 10, 2014) Chapter I General provisions

    First in order to strengthen the supervision and management of measurement, ensuring national unity and value of units of measurement is accurate and reliable, and protect legal rights of producers, operators and consumers, in accordance with the People's Republic of China metrology, metrological supervision and administration of Shaanxi Province Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to measuring activities in the administrative area of the city and its supervision and management.

    Article engaged in activity should follow the scientific principles of fairness, honesty and trustworthiness, guarantees accurate and reliable measurement instruments, ensuring the real and effective measurement data.

Fourth of municipal administrative departments for measurement in the city unified supervision and management measures, and is responsible for the implementation of the measures.

District/County and the administrative departments for measurement in accordance with the Division of duties, is responsible for measurement supervision and administration within their respective jurisdictions.

    Development and reform, workers, public safety, transportation, building, business, health, family planning, environmental protection, industry and commerce, food and drug administration, safety, press and publication administrative departments shall, in accordance with their respective responsibilities, metrological supervision and administration activities.

    Fifth of municipal, district or County measure should be incorporated into the national economic and social development plans, encourage and support research in measurement science and technology, and promotion of advanced metering technology and management methods.

    Chapter II metrological verification and calibration and measuring instruments management

Sixth administrative departments for measurement in accordance with the requirements of economic and social development, according to the measure passed, traceability and metrological supervision and administration needs, unified planning and organizing social common measurement standard established as a common value basis.

    Metrology and calibration service activities technical body shall establish appropriate standards of measurement, its measurement standard should be qualified according to state regulations.

Article seventh social common measurement standard, metric of measurement standard used in technology, as well as enterprises and institutions used the highest standards should be compulsory certification. For trade settlement in the city, safety, health, environmental monitoring and enforcement, such as forensic aspects of measuring instruments, included in the list of compulsory certification, compulsory certification.

List of compulsory certification of measuring instruments, in accordance with the relevant provisions of the State and province.

    Compulsory certification of measuring instruments, need to be put into use again after the repair shall be compulsory examination again.

Article eighth of any unit without authorization, shall develop the compulsory verification of measuring instruments, or other provisions of law to the community of verification and testing business.

    Metrology technology institution of metrological verification for social activities, shall, after obtaining a legal qualification to the municipal administrative departments for measurement.

Nineth units and individuals using the force measuring instruments for verification, compulsory examination used measuring instruments should be inventoried, development zone, area, County or administrative authorities and apply for mandatory verification as required.

    Commodity trading markets, markets, shopping mall (supermarket) using compulsory verification of measuring instruments, by the organiser is responsible for the unified register, reported to the competent administrative Department for measurement. Tenth bars compulsory verification tasks by the district, County or zone designated belongs to the administrative authorities or authorized verification agencies.

There is no appropriate metrological verification institution, or its metrological verification body does not have the capacity, by region, County or zone metering, measurement, administrative departments administrative departments and specified by its owned or authorized verification body to perform compulsory verification tasks. Liable to compulsory verification tasks of the metrological verification body shall accept applications for compulsory examination date, complete verification within 15 working days.

    Special case shall not exceed 20 working days. 11th article of the compulsory certification of measuring instruments, the Unicode system.

Specific harmonized management measures shall be formulated by the administrative departments for measurement.

    Mandatory certification marks printed by the competent administrative Department for measurement and management, in the administrative area of the city within the units and individuals using the force measuring instruments for verification and metrological verification institution shall, in accordance with the provisions of mandatory certification marks. Article 12th billing measuring instruments for trade settlement, should be in accordance with the provisions of compulsory certification for the first time.

After a compulsory examination for the first time in charge of measuring instruments shall be in accordance with State regulations implemented inaccurate scrapped, due the rotation or cycle test. Without the compulsory standards for the first time charging measurement apparatus, shall be installed and used.

Measuring instruments for use without the compulsory standards for the first time billing, the display must not as a trading settlement on the basis of the data.

    Trade verification of billing with force the compulsory verification of measuring instruments, by both sides should be no subordinate metric calibration organizations or interests. 13th construction unit residential water meter installation, meter, gas meters, heat meters such as billing, metering equipment, should be introduced for compulsory certification for the first time.

    Without fail to pass the test or test shall be installed.

14th metrological verification institution shall safeguard the country's system of units of measurement unity and value of accurate, reliable and compulsory according to law by the Administrative Department for measurement verification provided technical guarantees.

Metric calibration organizations shall not be any of the following acts:

(A) falsify data or verification certificate.

(B) violation of metrological verification.

(C) measurement of use without examination or expired base, standard metrology work carried out.

(D) officers obtain verification documents assigned to carry out metrological work.

    (E) according to the provisions, compulsory verification, use, falsification or fraudulent use of the logo.

15th do not need compulsory certification of other standards of measurement and measuring instruments, the use of units and individuals shall voluntarily verification or calibration, or Commission for verification or calibration measurement technology institutions.

    Gage verification or calibration should be in accordance with the measuring instruments verification procedures, calibration standards and contract requirements and verification certificate or certificate of calibration issued by the client.

    16th metrological verification, calibration body established within the administrative area of the City offices, offices or branches and other non-independent legal organizations, may engage in promotional activities related to its metrological verification and calibration services may not be directly carrying out metrological verification and calibration activities.

Article 17th manufacture and sale of measuring instruments and measuring instruments for use in production and business activities, shall comply with the requirements of the relevant laws, rules and regulations, and shall not be any of the following acts:

(A) install cheat cheating device or function and the use of measuring instruments.

(B) undermine the accuracy of measuring instruments.

(C) opened without authorization verification, destruction of the seal verification seal or destroy anti cheat devices.

(D) forge measuring instruments manufacturing license, inspection certificates, calibration certificates and confirm.

(E) falsification or fraudulent use of compulsory certification mark.

(Vi) did not obtain a licence to manufacture measuring instruments, measuring instruments manufacturing activities without authorization.

(VII) failing to mark measuring instruments manufacturing license and the number.

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

    Chapter III service measurement management

    Article 18th commodity trading markets, markets, shopping mall (supermarket) sponsors shall strengthen the management of the measuring instruments used in the field, equipped with appropriate management personnel and significant locations are accessible to the public of the measuring instrument calibration standards by forcing. Article 19th residential water meter and meter, gas meter, heat meter of initial verification of measuring instruments, such as batch average error should be less than or equal to zero.

Average error is greater than zero the batch shall be installed.

    Water supply, power supply, gas supply, heat supply operator, shall, in accordance with the end user of the measuring instrument displays as a settlement on the basis of a measure shall not be passed on outside energy losses and losses of pipelines or other facilities. 20th of quantitatively packed commodities should be prominent positions in packaging, in Chinese, the number and the legal units of measurement, clearly mark products NET contents.

NET content and marking shall conform to the relevant regulations of the State and province.

    Operators shall not sell does not indicate the net content of prepackaged goods. Article 21st non-quantitatively-packed commodities, operators shall not be included in the packaging NET content.

    Disagrees with the measurement of the volume of consumer commodities, operators shall operate measuring process again, and a new display value transaction. Article 22nd in operating activities, shortages of goods, services, and shall make up the deficiency or compensate for the losses to the user, the consumer. After the operators make up for a deficiency or compensate for the losses, which belongs to the responsibility of producers, suppliers, operators have the right to recourse.

    Operators in the business activities and measuring fraud, should be in accordance with the relevant provisions of laws and regulations on fraud compensation, compensation according to law.

    The fourth chapter energy, sewage metering management

    Article 23rd energy, pollutant discharging unit shall, in accordance with the law, regulations and related standards and the use of measuring instruments inspection according to law, strengthen the management of energy and emission measuring instruments, establishment of energy and emission measuring instruments files, verification and calibration on a regular basis in accordance with regulations.

24th-using measurement equipment, units should be used for energy, emission measurement, data verification system, measurement data should be able to trace back to a valid measurement instruments.

Encourages the use of energy, the units first use energy-saving, efficient and automatic recording of data measuring instruments.

    Energy and pollutant discharging unit shall strengthen the energy, emission measurement data analysis and application based on need for periodic calculation of the energy efficiency, energy saving and emission reduction, phasing out high energy-consuming equipment, improving energy efficiency and energy saving.

25th key energy-using units shall be equipped with professionals engaged in energy measurement.

    Key energy unit of energy measurement staff should have energy measurement expertise, accepted energy measurement expertise and training on a regular basis.
Article 26th metrological Administrative Department should focus on energy, units of equipment and the use of measuring instruments, measurement data and measurement of staffing and training, energy, sewage metering periodic review and inspection work carried out.

    27th metrological Administrative Department shall, in conjunction with energy conservation Administrative Department, Administrative Department of environmental protection to enhance energy, sewage metering data sharing platform, providing energy and emission measurement information services.

    The fifth chapter the metrological supervision and administration

28th metrological Administrative Department shall establish a sound metrological supervision management system, focused on the national economy and the people's life and production, health, trade and other aspects of goods and services of metrological supervision.

    In business activities, for the goods or services when there is a dispute, the Parties apply for metrological verification and testing of conciliation or arbitration, administrative departments for measurement in accordance with accepted and handled promptly and impartially.

Article 29th enterprises and institutions shall establish and improve their production, scientific research, management adapted to the measuring system.

    Administrative departments for measurement in measuring activity of trade settlement, security, health, environmental monitoring, in administrative law enforcement and forensic unit, the implementation of measurement qualified confirmation.

    Article 30th metrological Administrative Department should assume control of compulsory certification of institutions and other organizations strengthen supervision, verification, calibration, verification and calibration activities that can be measured on a regular basis than a peer supervision and inspection.

31st metrological supervision and inspection of the metrological Administrative Department of verification and inspection and not subject to inspection fees, the cost of supervision and inspection by the financial expenditures. Inspection checks required to provide samples of the obligation.

    Check sales, after the use of samples, inspection shall be returned within the warranty period. Article 32nd metrological Administrative Department should supervise and check the variety of measurement activities.

No unit or individual may refuse or obstruct of metrological supervision and checks carried out in accordance with law. Administrative departments may employ measurement society measurement inspectors.

    Social measurement inspectors should reflect to the administrative departments for measurement in time found issues and the measurement of violations, as well as views on metrological supervision and administration of the Community proposal. Article 33rd metrological Administrative Department shall be submitted at the national development and reform, workers, public safety, transportation, construction, Commerce, business, health, environmental protection, food and drug administration, safety, inform the Administrative Department of press and publication of metrological supervision management related information.

    Responsibilities should be based on the relevant administrative departments to strengthen management and guidance. Article 34th metrological Administrative Department shall periodically metrological supervision and administration of related information to the public, accessible to the public queries.

    The metrological Administrative Department shall report to the public and the admissibility of complaints, and receive reports from the consultation, and complaints.

    The sixth chapter legal liability

    35th metrology technology institution in violation of the provisions of the second paragraph of article eighth, by administrative departments for measurement a rectification, it fails, and fined 1000 Yuan fine.

    Article 36th disobey article Nineth, compulsory examination used measuring instruments are not registered, reported to the competent administrative Department for measurement, by the competent administrative authority shall order rectification, and it shall be fined 1000 Yuan fine, fine of 100 Yuan for individuals. 37th violates the tenth paragraph these measures, metric calibration organizations liable to compulsory verification tasks without undue delay the verification period, by administrative authorities shall order the correct measurement and verification fee shall not be charged; it refuses, according to related metrology authorization revoked certificates.

    Client unit and individual losses caused, compensation shall be.

    Article 38th in violation of the measures set forth in article 14th fifth, do not use certification marks as required, by the competent administrative authority shall order rectification, refuses, and a 1000 Yuan fine.

    39th violates the first paragraph of this article 32nd, refuse or obstruct the metrological supervision and inspection, by the administrative departments for measurement of less than 10,000 yuan and 30,000 yuan fines constitute a crime, criminal responsibility shall be investigated according to law.

    40th other acts in violation of these rules, in accordance with the provisions of relevant laws and regulations. 41st party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or initiate litigation to the people's Court according to law.

    Party fails to apply for administrative reconsideration, not filed nor administrative punishment decision, the Administration made the decision on administrative penalty apply to a people's Court for compulsory execution.

    42nd metrological Administrative Department and his staff have violated these rules, engages in the metrological supervision and administration, abuse their powers, neglect their duties, by a higher authority or other authority shall order rectification, and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

43rd meaning of terms used in these measures was as follows:

(A) the activity is the use of units of measurement, establishment of standards of measurement, calibration, calibration, testing, certification, manufacturing and repairing (with modification, the same below), installation, import, sale and use of measuring instruments, collection, formation, present, nominal, measurement data are published and other measures.

(B) the standards of measurement refers to the accuracy below the benchmark, for testing or calibration of physical standards of measuring tools, measuring instruments, materials or measuring system.

(C) the social common measurement standard, is defined by the people's Governments above the county level departments established by the Organization, as a basis for harmonization of the administrative measures and social implementation of metrological supervision with civil effect of measurement standards.

(D) working measuring instruments, means in their daily work in order to obtain a quantitative measurement of the results of measuring instruments.

(V) verification refers to activities to identify and confirm the measurement instruments comply with statutory requirements, including inspection, marking and issue a calibration certificate.

(F) calibration, is under the specified conditions, to determine the value indicated by the measuring instrument, measuring system, or the value represented by physical tools, reference materials, and corresponds to the relationship between the realization of value by the standard operation.

    (VII) service measurement, refers to goods and service providers using measurement units of measurement, measuring instruments for goods or services.

    44th resident in the administrative area of the city of the people's Liberation Army, armed police force and the National Defense Science, technology and industry system, engage in military research, development, production and use of metrological activities, these procedures do not apply. 45th article this way since July 10, 2014.