Standardization Management Of Special Economic Zone Of Hainan 2012 (Revised)

Original Language Title: 海南经济特区标准化管理办法(2012年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385535.shtml

Standardization Management of special economic zone of Hainan 2012 (revised)

    (May 6, 1998 113th, released on August 29, 2010, the people's Government of Hainan Province, Hainan Province, the Hainan Provincial people's Government on the modification of phytosanitary measures 38 regulations the decision of first review November 26, 2012, Hainan Province, the Hainan Provincial people's Government on the modification of 3 pieces, such as the tobacco monopoly administration punish regulation for regulation's decision on the second amendment) Chapter I General provisions

    Hainan special economic zone, first in order to strengthen standardization work, adapt to the needs of the Socialist market economy, promote technological progress and foreign economic relations and trade, improve product quality and socio-economic benefits, guided by the People's Republic of China standardization law and the People's Republic of China standardization law regulations for the implementation of laws and regulations such as principle, combined with the actual circumstances in this special economic zone, these measures are formulated.

    Article in the special economic zones engaged in standard-setting, implementation, supervision and activities of the Department and to engage in research, production and business units and individuals, must comply with these measures.

    Article standardization administration departments at or above the county level, unified management of standardization within their respective administrative areas, in accordance with the laws, regulations, rules and powers prescribed in standard-setting, implementation of standards and to monitor the implementation of standards; the administrative charge of the Division of administration of the industry standardization work.

    Fourth people's Governments above the county level shall strengthen leadership of the standardization, standardization work in national economic and social development plans.

    Fifth Enterprise shall comply with the standard provisions of law and rules and regulations, strictly according to the standards of production and distribution, without standards.

    Sixth people's Governments at various levels should take effective measures to encourage enterprises to adopt international standards or foreign advanced standards, establish and improve the technical standards for the main, including management of enterprise standards, standards, standards system.

    Chapter II standards of

    Article seventh sez: standards and enterprise standards should ensure the safety of people's lives and property, protecting the legitimate rights and interests of consumers, conducive to the rational use of national resources and environmental protection, product generic swaps and foreign economic and technological cooperation.

    Article eighth following the absence of national standards and industry standards in this special economic zone and in need of uniform technical requirements may establish local standards:

    (A) industrial products quality and safety and sanitary requirements and industrial product design, production, testing, packaging, transportation, use, safety and sanitary requirements;

    (B) information, energy, resources, transportation, environmental protection, safety, health and technical requirements;

    (C) the quality, safety and health requirements for construction projects;

    (Iv) agriculture (including forestry, animal husbandry and fisheries, hereinafter the same) products, specifications, quality and production, management and technical requirements;

    (E) other production and business activities in the production, management, quality of service requirements;

    (F) the provisions of laws and regulations should be developed other technical requirements of local standards.

    Corresponding national standard or industry standard announced after the implementation of the local standard and shall be annulled. Nineth place criteria by standardization administration of the province authorities and relevant administrative departments to develop, and by the provincial departments of standardization Administration number and publish.

    Development of the special economic zone of local standards should play the industry associations, scientific research institutions and academic organizations the role of laws and regulations on the standard of local organizations to develop and release authorities otherwise provided, from its provisions.

    Local standard of record keeping, review, repealed by the People's Republic of China standardization law the relevant provisions.

    Tenth place criteria include mandatory and voluntary standards.

    The following standards are compulsory standards:

    (A) industrial products, industrial product design, manufacture, testing, packaging, storage, transport and use of safety and health standards;

    (B) in food, medicines, fertilizers, pesticides, veterinary drugs and other important industrial products closely related to people's life and property safety standards;

    (C) the quality, safety and health standards for construction;

    (D) the provisions of laws and regulations should be enforced standards.

    Of the special economic zone of mandatory standards other than the local standard for voluntary standards.

    11th products is not national standards, industry standards or local standards, enterprises should develop the enterprise's product standards as a basis for organizing production and distribution activities.

    Already national, industry, local standards, encouraging enterprises in accordance with market needs, developing enterprises, industries, local standards stricter than the State standards. 12th article of the special economic zone on the unified registration system implementation of enterprise product standards.

    Enterprise shall, within the standard published 30th, standard text and standard presentation, necessary tests and the validation report for the record filing materials such as paper, reported to the competent administrative Department for standardization.

    Where in the provincial administration for industry and commerce registration of enterprise product standards, the provincial departments of standardization administration.

    In cities, counties, autonomous counties established by the administration of industry and commerce enterprises registered product standards, city, County, and County departments of standardization administration.

    Article 13th records are received by the competent administrative Department for Standardization of enterprises within 10 working days after the filing of the Declaration be reviewed, record to meet the requirements of the standard; for violation of laws, rules, regulations or conflict with existing mandatory standards, shall order the enterprises within a time limit or stop the implementation.

    14th place after the implementation of standards and product standards, standards departments and enterprises should be based on the development of science and technology and market needs, review in due course to determine existing standards continue to be valid and shall be revised, repealed, the review cycle for 3 years.

    Local standards, product standards, after reexamination, shall promptly report review results to receiving record, and record again.

    Chapter III implementation of standards

    15th province, the relevant administrative department is responsible for organizing the sector, the implementation of the industry standard.

    16th who do not meet the requirements of the following standard products, prohibit the production, sale and import of:

    (A) the national standards, industry standards and local standards of a mandatory standard;

    (B) the marking on the product labels, brochures, packaging, legal standards that have been adopted.

    Technical requirements for export products have agreed to perform under the contract. 17th enterprise products shall be marked on product labels or instructions, packaging, product name, standard number, date of production (batch), enterprise content such as names and addresses.

    Identifies content such as product labeling, instructions, must comply with the laws, rules, regulations and mandatory standards.

    18th enterprise development of new products, improvement of products, technological transformation, introduce advanced technology and equipment, shall accept the departments of standardization administration of the standardized examination to ensure that they meet standard requirements, and should actively adopt international standards and advanced foreign standards.

    19th enterprise producing countries compulsory supervision for safety certification of products, quality of their products must meet accreditation standards set by the State, and has made national security certificate.

    Article 20th in airports, stations, ports, hotels, restaurants, tourist attractions and other public places shall be installed in accordance with national or international standards of public information graphical symbols, and in conformity with the relevant mandatory standards.

    The fourth chapter the supervision of standard implementation 21st article of the special economic zone on implementing local standards for product quality certification system.

    Enterprises can apply to the provincial departments of standardization administration product quality certification; certified, issued by the provincial departments of standardization administration of product quality certification, allowing enterprises in product quality certification mark on the product or its packaging.

    Provincial departments of standardization administration under these regulations, formulate implementing rules relating to product quality certification.

    22nd standardization administration departments at all levels to reflect consumers involved in human health and highlighting issues such as personal and property security of goods, standardized examination should be carried out promptly. 23rd standardization administration departments at or above the county level shall be responsible for the implementation of standards of supervision and inspection.

    Implementation of monitoring and checking, officers shall not be less than 2, effective law enforcement documents produced by and should be checked; not to produce documents, inspectors have the right to refuse the inspection.

    24th standardization administration departments at or above the county level shall supervision and inspection of the implementation of the standards, you can take the following measures:

    (A) entry to the place of implementation of standards for inspection;

    (B) access to copied documents relating to formulation, implementation standards, information;

    (C) according to the considered incompatible with protection of human health and the personal and property safety of national standards, industry-standard products, and directly used in the production and sale of the products of raw and auxiliary materials, packaging materials, means of production, be sealed up or seized.

    Administrative Department for Standardization standard when conducting supervision and inspection, should keep commercial secrets for units.

    The fifth chapter legal liability

    25th law, regulations, standardization of rules on offences have penalties, from its provisions.

    26th article has following behavior one of of, by County above standardization administrative competent sector or business administration sector in their of terms range within ordered deadline corrected; late not modified of, sentenced 2000 Yuan to 10,000 yuan fine, and according to national about legal, and regulations of provides, sentenced confiscated its illegal property, and confiscated illegal proceeds, and ordered discontinued closed, and revoked license of administrative punishment, on main responsibility people sentenced 500 Yuan above 2000 Yuan following fine; constitute crime of, law held criminal:

    (A) produce no legal standard products;

    (B) sales there is no legal standard products;

    (C) Notwithstanding the legal standards, but do not produce according to valid standards and acceptance;

    (D) record registration of enterprise product standards in accordance with the regulations;

    (E) research and development of new products, product, technological transformation, introduce advanced technology and equipment, which does not conform to standardization requirements;
(F) products not complying with the provisions attached to the mark or logo does not meet the statutory requirements;

    (VII) violates the provisions on mandatory standards in design and production of scientific research;

    (VIII) not according to the requirement of public information graphical symbols;

    (I) violation of the provisions of this article 19th.

    27th certification of products not conforming to the standards and use of certification marks in sales, by the departments of standardization Administration ordered to stop sales, with illegal gains twice times the fine.

    28th product without certification or authentication failed, sales of unauthorized use of certification marks, the competent standardization administrative authority shall order it to stop sales, fined and illegal gains of 2 to 3 times, to the person in charge shall be fined a maximum of 5000 Yuan.

    29th standardization administration departments at or above the county level shall be commissioned in accordance with the People's Republic of China on administrative punishment law article 19th conditions of organizations implement the administrative penalty. 30th of standardised administrative departments and personnel involved in the standardization of supervision, inspection, management, strict law enforcement.

    For dereliction of duty, abuse of power, deception, extortion and bribery, by its authorities or departments concerned penalties in damage caused, in accordance with the law of compensation constitutes a crime, criminal responsibility shall be investigated according to law. 31st party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The party fails to apply for reconsideration or does not bring a lawsuit nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.

    The sixth chapter supplementary articles

    32nd article this way to specific problems in the application of the provincial departments of standardization administration is responsible for the interpretation.

    Article 33rd province of Hainan special economic zone outside the Standardization Management in other areas, in accordance with the measures implemented. 34th article of the rules as of the date of promulgation.