Interim Measures For The Tibet Autonomous Region, Product Quality Supervision And Management

Original Language Title: 西藏自治区产品质量监督管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201301/20130100380302.shtml

Interim measures for the Tibet Autonomous Region, product quality supervision and management

    (November 16, 2012 the people's Government of Tibet Autonomous Region, the 20th Executive meeting November 22, 2012, people's Government of Tibet Autonomous Region promulgated as of January 1, 2013, 115th) Chapter I General provisions

    First in order to enhance product quality supervision and management, improve product quality, clear product quality liability, protection of producers and sellers, the legitimate rights and interests of consumers, maintain social and economic order, in accordance with the People's Republic of China product quality law (hereinafter referred to as the law on product quality) and other laws and administrative regulations, combined with State practice, these measures are formulated.

    Article in the autonomous region within the administrative area engaged in the production, processing, transportation, sales and related activities and products quality supervision and management, should comply with these measures.

    Products mentioned in these measures refers to processed, produce products for sale.

    Processing, production for sale of construction materials, fittings and equipment for the application of this approach.

    Third people's Governments above the county level shall strengthen the supervision and management of the quality of the leadership, organize and coordinate the relevant departments to products quality supervision and management work; product quality supervision institutions should be strengthened and team building, training product quality supervision and management talent, introducing advanced technology and equipment, improving supervision and management ability, vigorously implement the strategy of quality and brand strategy. Article fourth of quality and technical supervision, industry and commerce administration departments at or above the county level shall be in accordance with the laws, regulations and responsibilities under the State, autonomous region and this way, good product quality supervision and management of work within their respective administrative areas.

    Laws and regulations provide otherwise on product quality supervision departments, from its provisions.

    Not established products quality supervision and management departments of the County (city, district), County (city, district) shall specify departments. Article fifth depending on the establishment of the people's Governments above the county level government quality award, encouraging producers and operators to implement scientific management methods, the use of advanced science and technology, improve the level of product quality.

    On product quality management, product quality reaches international advanced level in China, the outstanding units and individuals, recognition and rewards.

    Sixth to encourage, support and protect the citizens, legal persons and other social organizations supervision and supervision by public opinion on product quality.

    Reports, assisting organizations and individuals investigated quality violations, received a report or receive sector that whistleblowers should be kept confidential; have made outstanding contributions, by the departments of people's Governments at or above the county level shall investigate and deal with cases in accordance with the relevant provisions of grant awards.

    Seventh district-wide quality industry organizations should strengthen industry self-regulation, play the role of bridges and bonds linking, good quality education, quality management and technical staff training, participation in the development of industry regulations and the highest rated brand recommendations, and so on.

    Chapter II product quality responsibility and obligation

    Eighth producer legally responsible for the quality of their products. Producers shall establish strict, effective quality assurance system. Improving the quality management system, implementation of quality and safety responsibility, enhance product quality inspection, testing, and product production process quality management, improve credit quality.

    Qualified enterprises to set up an internal product quality management, with appropriate professional and technical personnel.

    Nineth producer products use raw materials, additives, agricultural inputs, shall comply with laws, administrative regulations and national standards, and establish the purchasing an inspection system and use account, strict specification.

    Procurement of raw materials purchase check ledger or the original expiration date shall be not less than 2 years.

    Tenth Article producers must meet the statutory conditions, and engage in production and business activities in accordance with legal conditions and requirements shall produce and sell products that do not meet the statutory requirements. Producer product standards shall provide the local quality and technical supervision, registered with the health authorities. The absence of national standards, industry standards and local standards and enterprise standards should be developed.

    Developing enterprise standards, shall provide the local quality and technical supervision, Health Department records.

    11th a seller shall ensure the quality of products, in accordance with law to assume responsibility for the quality of the products they sell.

    Seller shall establish and implement incoming inspection and acceptance system, verify the quality of products, certification marks, requested and saved to prove that sources of purchase of the original ticket, issued by the inspection bodies meet the statutory requirements of inspection reports or copies of inspection reports signed or stamped by a supplier.

    Related to human health and personal and property security product products purchase and sales ledger should be established, faithfully record the name of the product, specifications, quantity, supplier and contact information, purchase, sale or disposition of content.

    Purchase ledger and sales ledger retained for periods of not less than 2 years.

    12th against producers and distributors of production and sale of the following products:

    (A) the laws and administrative regulations to prohibit the production and sale of the product;

    (Ii) incompatible with the protection of human health and personal and property safety of products;

    (C) impurities or imitations, with impurities, shoddy, substandard products as qualified products;

    (D) more than with date or expiry date of product safety;

    (E) the false marking production date use date or expiry date, security products;

    (Vi) falsification, fraudulent use of product quality inspection qualified certificate products;

    (G) countries has been officially eliminated products;

    (VIII) not marked in Chinese product name, manufacturer name and address of the product, except for export products.

    13th against the producers, marketers and operators of the products as provided for in article 12th prizes, gifts or for operational service.

    14th producers and sellers without the procedure finds, you may not use the famous logo of the State and the autonomous communities. 15th storage should be in accordance with relevant State regulations, transportation contracts and product packaging indicates storage requirements to storage, handling and transport. Storage products, storage, carriage or delivery, shall strictly perform the transfer system of a clear product quality responsibility.

    Product quality problems due to improper storage, storage and transportation should compensate for the losses, storage except as otherwise provided in the contract. 16th repairer should maintain technical specification.

    Repair products in the repair project quality problem occurs within the guarantee period, maintenance should be free repair; for maintenance and fault cause personal injury, property damage, repairs shall be liable.

    17th article quality has flaws but still has value, and meet guarantees human health and personal, and property security standard, and health requirements of products, should in products or products packaging of obviously parts clear marked "piece", and "defective", and "reject", words, and to products manual or shop, and counter notices, can for consumers knows of way truthfully description products of flaws or actual quality status Hou, party can factory or sales.

    18th article producers, and sellers found production, and sales of products for design, and manufacturing, aspects of reasons, in a a batch, and model or category in the exists endanger or may endanger human health and personal, and property security defects of, should immediately stop production, and sales the batch, and model products, and timely to location County above quality technology supervision, and business administration, sector report and told consumers; products has sold of, should take repair, and replaced, and return, effective measures elimination the defects.

    Chapter III products quality supervision and inspection

    19th article County above quality technology supervision, and business administration, sector investigation suspected violation this approach provides behavior, law exercise seized, and seized terms Shi, seized, and seized of term shall not over 30th, but by provides test of time not calculation zainei; for situation complex, does needed extended seized, and seized term of, should reported Shang level administrative competent sector approved, can extended, but extended term shall not over 30th.

    Has been sealed up or seized goods, perishable, and approved by the Department head, you can retain evidence, in accordance with the provisions of the present article 47th in advance of treatment.

    Quality and technology supervision, industry and commerce administration departments to perform product quality supervision and inspection, required public security departments, public security departments should offer cooperation.

    Article 20th attachment, arrest or investigation to verify the expiration does not break, attachment, attachment of sector should be relieved of attachment, arrest, and notify the parties within the time stipulated in the claim.

    Provides items for auction or sale in the preceding paragraph, it shall refund the auction or sale proceeds; has supervised the destruction or donation to public welfare undertakings, should pay for the damage. Without notice by sealing up, distraining party don't claim, attachment, seizure of the Department shall issue a property claim announcement.

    More than 3 months from the date of notice is not claimed, seizure, seizure of goods in accordance with the provisions of the present article 47th.

    21st of quality and technical supervision departments at and above the county level shall implement quality supervision and inspection, supervision, regular supervision and inspection and daily supervision and inspection in conducting.

    Supervision is the key product quality inspection, regular supervision refers to the product in accordance with the established list of inspection and testing cycles; found refers to the day-to-day supervision of daily supervision and inspection as well as consumer complaints, reports and relevant organizations, reflects the quality inspection for more products. 22nd to supervise and inspect the producers and sellers should faithfully record the supervision and inspection of the circumstances and consequences.

    Supervision and inspection of records by inspectors after being signed by producers and sellers and products archive.

    Supervisors and inspectors in accordance with the law when conducting product quality supervision and inspection should be attended by 2 or more people, take the initiative to be effective law enforcement documents produced by check, inform the supervision and inspection of the product range, information on practice, in compliance with legal procedures, use of unified law enforcement instruments.

    Does not meet the provisions of the preceding paragraph, supervision and inspection, inspectors have the right to refuse.

    Article 23rd product quality supervision will focus on:
(A) may endanger human health and the safety of person and property;

    (B) affect the people's livelihood and important industrial products;

    (C) the consumer, related organizations, the quality of the products in question;

    (D) for the evaluation of quality index of products.

    Quality and technology supervision departments above the county level should according to the inspection results, establish quality evaluation index analysis, product quality and safety early warning and control system.

    24th where higher authorities supervision of product quality, checks within 6 months from the date, 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.

    25th industrial and commercial administrative departments at and above the county level shall according to the required product quality supervision and management, in accordance with the relevant provisions of the State on the circulation may endanger human health and personal and property safety of products, and consumers, the relevant organizations to report product complaints, quality monitoring.

    26th product quality supervision and inspection and quality monitoring should be coordinated to avoid duplication. 27th above county level of quality and technical supervision, industrial and commercial administrative departments to a product quality complaints, reports, should be made within 5 business days accepting or not to accept the decision and inform the complaints, whistleblower.

    Reported to the admissibility of the complaint, it shall promptly investigate and communicate results to the complaints, whistleblower. 28th above county level of quality and technical supervision, administrative departments for industry and Commerce investigated the alleged offences, the product needs to be tested, sampling can be implemented, and entrusted a qualified inspection agencies.

    Suspected fraudulent use of the name and address of others products, can be sent to assist in the identification of the infringed.

    Article 29th samples should be taken from the sampling personnel on the market or enterprise products for sale in the warehouse of finished products randomly selected, shall not be checked by sampling.

    Samples drawn in accordance with the relevant provisions of the State need to purchase samples, shall be purchased by check; no relevant provisions, are provided free by the selected test sample after the expiry of the end, with the exception of test losses section, shall return the spot check.

    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.

    30th product quality inspection bodies shall be subject to the State quality and technology supervision departments or State quality and technology supervision departments measure certified, have the necessary conditions and capacity, and after obtaining the corresponding qualification, product quality inspection activities can be done.

    Product quality inspection personnel shall be subject to the State quality and technology supervision departments or departments authorized by the State quality and technology supervision departments or their examinations, examinations, with a certain degree of professional skill, after obtaining the inspectors of practising certificates, may engage in product quality inspection.

    31st product quality supervision and inspection organizations and inspectors shall strictly implement the technical specifications, and responsible for the inspection findings, patient confidential technical data provided by a duty of confidentiality.

    Articles 32nd to encourage, guide and support of citizens, legal persons and other social organization established all kinds of product quality inspection organizations, fostering introduction of inspection personnel and technical support to improve product quality and safety.

    Article 33rd test, determining the quality of products is based on:

    (A) the national standards, industry standards, local standards and enterprise standards for filing in accordance with law;

    (B) express content in product identification, product description, the physical samples showed that the quality of status or the agreed quality and technical requirements in the contract;

    (C) national and State quality and technology supervision departments to formulate or approve methods or quality of product quality inspection to determine the rules and regulations;

    (D) other provisions of laws and administrative regulations.

    34th product quality inspection fee in accordance with the following provisions:

    (A) the testing of product quality supervision and inspection and quality monitoring, inspection fee shall not be charged to the client, and inspection fees required by the financial security.

    (B) product quality supervision and quality control of products quality commissioning inspection, arbitration, inspection, review of the nonconforming product, in accordance with State regulations and fiscal, price Department of the approved project, the standard charging inspection fees.

    (C) the inspection fees for arbitration according to the degree of responsibility borne by the responsible party; the commissioning inspection fees borne by the seller.

    35th dealing with product quality disputes dispute mutual recognition of product quality inspection and testing institutions conclusions prevail.

    Client disagrees with the conclusions, from the date of receipt of the notice of inspection findings on 15th to the supervision and inspection within the Department or by a superior authority for review, conclusions made by departments for accepting retest retest, recheck conclusion for a final conclusion.

    The original test results are correct, should be maintained, reinspection fee borne by applicants; the original test results in error and should be corrected, the reinspection fee by the original testing institution.

    The fourth chapter legal liability

    Article 36th food producers violating provisions of the first paragraph of this article Nineth, in accordance with the People's Republic of China Food Safety Act (hereinafter referred to as the food safety law) at its 85th, the State Council on strengthening food and other product safety supervision and management of special regulations (hereinafter referred to as the special regulations) article fourth penalty.

    Food producers in violation of the provisions of the second paragraph of this article 11th, in accordance with the food safety law 87th and the special provisions of the fifth paragraph shall be punished.

    37th food producers violating provisions of the first paragraph of this article tenth, in accordance with the provisions of article III of the special provisions.

    Producers in violation of the provisions of the second paragraph of this article tenth, in accordance with the People's Republic of China standardization law article 32nd of the provisions of the implementing regulations.

    Article 38th producers and sellers violates this article 12th (b), (c), (d), (f) and (g) provides, in turn, in accordance with the law on product quality 49th, 50th, 51st, 52nd, 53rd, section apply.

    Producers and sellers violates this article 12th (e) and (h) the provision, in accordance with the law on product quality 54th are punishable.

    39th producers dedicated to the production of the article 12th paragraph (ii), (VII), the products listed or impurities of raw and auxiliary materials, packaging materials, means of production of the product, shall be confiscated.

    40th producers, distributors and operators violate the provisions of this article 13th, correction, confiscate the illegal prizes, giveaways or for illegal business service products and prizes, gifts or for illegal business service products are fine with the value 50%.

    41st producers and sellers violates the provisions of article 14th, 53rd according to the product quality law and punished as such.

    Producers and sellers violates the measures set forth in 17th, 18th, 42nd to 44th according to the product quality law articles of the special provisions of the Nineth and the provisions of the second paragraph.

    42nd refused to accept the law of product quality supervision and inspection, or by violence, threat of obstruction of law of product quality supervision and inspection, in accordance with the law on product quality article 56th, 69th, and punished as such.

    Article 43rd disobey article 31st, product quality inspection organizations falsify test results or issuing false certificates, in accordance with the law on product quality 57th are punishable.

    44th above county level of quality and technical supervision, industry and commerce administration departments and their staff, such as violations of any of the following circumstances as provided herein, the managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) producers and sellers of commercial secrets leaks leaked reports, assistance in investigating violations of product quality organization, or personal information, or providing false information to the media;

    (B) violation of the provisions of attachment, arrest measures or not to remove the sealing up, distraining measures in a timely manner;

    (C) the sale, use or destroy been sealed up or seized articles;

    (D) in product quality supervision and inspection and quality monitoring, to be collected by inspection, monitoring inspection and monitoring costs or exceeding the reasonable need to request additional samples for testing, monitoring;

    (E) the shield, indulgence products production and sale of a violation of these rules;

    (Vi) being tipped off to the suspected illegal, help them escape investigated;

    (VII) other acts of abuse of power, negligence, malpractice.

    County above quality technology supervision, and business administration, sector and staff has Qian paragraph subsection (a) items, and subsection (ii) items provides case one of, caused party honorary right, and honors right damage of, should elimination effect, recovery honorary, apologized; has Qian paragraph subsection (a) items to subsection (four) items case one of, caused party economic loss of, should law bear compensation responsibility.

    45th article violates these rules, suspected of a crime, and transferred to the judicial organs according to law.

    46th on an administrative coercive measures, or refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 47th products confiscated in accordance with this approach, is likely to endanger human health and the safety of person and property, should be taken by the administrative coercive measures or administrative punishment decision Department supervised the destruction.

    Belongs to the products that can be used, should be sold or auctioned after the Elimination of illegal status, sold, and the proceeds turned over to the State Treasury; not sell, auction or sale, auction cannot be completed, agreed by the financial sector, could be donated to good causes. 48th article of the way in the compulsory administrative measures or administrative penalties above the county level by the quality and technical supervision, industry and commerce administration departments in accordance with laws, administrative regulations, and the implementation of their respective duties.

    Business license revoked, by the Administrative Department for industry and Commerce according to law.

    The fifth chapter by-laws 49th article of the rules implemented on January 1, 2013.