Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Provisional approach to quality control of products in the Tibetan Autonomous Region

(The 20th ordinary meeting of the People's Government of the Tibetan Autonomous Region, held on 16 November 2012, considered the publication of the Government Order No. 115 of 22 November 2012 on the Western Tibetan Autonomous Region, effective 1 January 2013)

Chapter I General

In order to strengthen product quality monitoring, improve product quality, clarify product quality responsibilities, protect producers, sellers, consumers' legitimate rights and maintain socio-economic order, and develop this approach in line with laws, administrative regulations, such as the People's Republic of China Product Quality Act (hereinafter referred to as the Product Quality Act).

Article 2 governs product production, processing, storage, marketing and related activities and product quality monitoring within the administrative areas of the self-government area.

The products described in this approach are processed and produced for sales.

This approach applies to the processing, production of construction materials for marketing construction works, construction components and equipment.

Article 3. Governments of more than communes should strengthen leadership in product quality monitoring management, organize, coordinate the management of product quality oversight in the relevant sectors; strengthen product quality monitoring and workforce-building, develop product quality monitoring practitioners, introduce advanced technologies, equipment, enhance monitoring management capacity and implement quality revitalization strategies and branding strategies.

Article IV. Sectors such as higher quality technical supervision, business administration and business administration should be managed in accordance with the legal, legislative and national, self-governing functions and methods provided for in this administrative area. The legal, regulatory and supervisory departments with regard to the quality of the product are provided for in their provisions.

Where there is no product quality monitoring management (communes, districts), the designated sector of the People's Government of the District (communes, areas).

Article 5 Governments of more people at the district level, where appropriate, establish government quality awards, encourage producers, operators to pursue scientific quality management practices, adopt advanced science and technology, and improve the quality of products. Appreciation and incentives are given to the advanced quality management of products and the quality of products to the advanced level of international domesticity, the units and individuals that have achieved significant results.

Article 6 encourages, supports and protects the quality of products by citizens, legal persons and other social organizations.

Organizations and individuals reporting, assisting in the quality of the products of the inspector should be kept confidential, and the receiving sector should make a notable contribution, and be rewarded by the Government of the more than the population at the district level or by the department in which the investigation is conducted.

Article 7. All sector quality industry organizations should strengthen industry self-regulation and play a bridging role, promote product quality education, quality management and technic training, participate in the development of industrial regulations and brand recommendations, selection.

Chapter II

Article 8.

Product quality systems should be established by producers. Sound quality management systems, implementation of quality safety responsibilities, enhancement of product quality tests, testing, quality management of product production throughout the process, and enhancement of corporate quality credit. A conditional enterprise would be required to establish an internal product quality management body with the corresponding professional technicians.

Article 9. The raw materials, additives, agricultural inputs used by producers in the production of products should be consistent with the provisions of the law, administrative regulations and national mandatory standards, as well as with the establishment of the procurement of the import inspection system and the use of desktops and the strict application of norms.

The procurement of the purchase of the voucher or the original vote was retained without less than two years.

Article 10 producers should have statutory conditions of production and, in accordance with statutory conditions, require the production of activities, shall not produce products that are not subject to statutory requirements.

The criteria implemented by producers' production products should be registered in sectors such as quality technical supervision and health. Enterprise standards should be developed without national standards, industry standards and local standards. Business standards developed should be made available to sectors such as quality technical supervision and health at the enterprise location.

Article 11. The salesr shall guarantee the quality of the sales products and shall be responsible for the quality of the sales.

The salesr should establish and implement the entry inspection system, the quality of the products, the certification of the mark, request and preserve the original instrument that can prove the source of the goods, the test report of the inspection body in accordance with the statutory conditions or copies of the inspection reports signed by the supplier or chapter.

Products dealing with human health and physical, property security should be created and sold at the sales counter, such as real recording of product names, specifications, quantity, suppliers and contact, freight time, and sales flow.

The duration of the deposit and sale of the deposit shall not be less than two years.

Article 12 prohibits the production and sale of the following products by producers and sales:

(i) Laws, administrative regulations prohibit the production and sale of products;

(ii) products that do not meet the standards of human health and physical, property security;

(iii) Accompanied and advertised forfeiture in order to take advantage of qualified products without qualified products;

(iv) products exceeding the period of safe use or the date of invalidity;

(v) Whether the product of the date of production, the period of safe use or the date of the invalidity;

(vi) Stimulating and using product quality tests for products that are qualified;

(vii) Mining products for phase-out by the State;

(viii) The name of the product, the name of the production plant and the products of the plant site, except for exports.

Article 13 prohibits producers, salesrs and service operators from using the products provided for in Article 12 of this scheme as awards, gifts or for operational services.

Article XIV Producers, salesers are not allowed to use prominent brands in national and autonomous areas without prescribed procedures.

Article 15. The licensor shall make storage, loading and transport in accordance with the requirements of the State for the storage, storage and product packaging. The licensor should strictly implement the system of inspection and identify product quality responsibilities when the product is delivered or delivered. As a result of inappropriate storage, the contractor should compensate for losses, except as otherwise provided in the contract.

Article 16 shall strictly implement the technical norms of maintenance. After-service products are guaranteed the quality of the maintenance projects within the time period of use, the maintenancer shall be repaired without compensation; the maintenance of the maintenance is liable for the loss of personal injury, property.

Article 17 is qualitatively flawed but still has the value of use and is consistent with the standard of human health and physical, property security, the products required for health, which should be clear in the product or product packaging line, such as “processing”, “simults”, “others”, etc.” and be made available to consumers in a manner that is known to the product in the form of a product note or room, a counterboard, such as the defect or actual quality of the product.

Article 18 producers, salesrs have found the causes of production, sale of products for design, manufacture, etc., where there is a threat or risk to human health and physical, property safety defects in a given, stereotype or category, and should immediately cease production, sale, sale, manufacture and timely reporting to sectors such as quality technical supervision, business administration, etc. at the district level, where the product has been sold, and effective measures such as repair, replacement, removal and removal should be taken to eliminate the defect.

Oversight of product quality

Article 19 Departments such as quality technical supervision, business administration and administration are suspected of violating the provisions of this approach and, in the exercise of their duties under the law, the period of seizure and seizure shall not exceed 30 days, provided that the time given for the test is not calculated; and, in the light of the complexity of the situation, the period of seizure is required, the approval of the executive authority at the highest level may be extended, but the extension shall not exceed 30 days.

The items seized and seized are prone to lapse, and, with the approval of the head of the sector, may be processed in accordance with article 47 of this approach after the retention of evidence.

The sectors such as quality technical supervision, business administration and the implementation of product quality monitoring inspections by law require cooperation from the public security sector, etc.

Article 20 shall be sealed, seized for the expiry of the period of time or subject to investigation to verification of the absence of an offence, and the authorities taking seizures, seizures shall be lifted in a timely manner and shall notify the parties of their intention within the specified period.

The items set out in the preceding paragraph have been auctioned or sold, which should be returned to the auction or to the proceeds of the sale; they have been monitored to destroy or do so to the public good cause and should be compensated for losses.

The parties that have been seized and seized are not notified to do so and the sectors that have taken seizures and seizure measures should issue a declaration of property recognition. More than three months from the date of the announcement, the items seized and seized are dealt with in accordance with article 47 of this approach.

Article 21 provides for a quality monitoring inspection of products carried out by the higher-quality technical supervision sector at the district level, which can be carried out in a manner that oversees the screening, regular supervision and daily inspection.

Oversight tests refer to inspections of the quality of priority products; regular oversight inspections refer to oversight inspections conducted in accordance with the identified product catalogue and test cycle; routine oversight inspections refer to inspections of products found in daily oversight and of consumers and relevant organizations, reporting, reflecting higher quality issues.

Article 2 oversees producers, salesrs, and should record the inspection and the results. The supervisory check is recorded after the signature of the inspector and the producer of the product and the seller.

In carrying out a product quality monitoring inspection under the law, the inspector should be represented by more than two individuals, offering effective law enforcement documents to the inspector, informing relevant information, such as the scope of the inspector's products, the application of norms, compliance with statutory procedures and the use of uniform law enforcement instruments.

The inspector has the right to reject the inspection that is not in accordance with the preceding paragraph.

Article 23. The focus of the product quality monitoring is on:

(i) products that may endanger human health and physical, property safety;

(ii) Important industrial products that affect national livelihoods;

(iii) Consumers, relevant organizations reflect products with quality problems;

(iv) A representative product for evaluation of product quality indicators.

The higher-quality technical supervision sector at the district level should establish a product quality index analysis, product quality safety early warning and treatment system, based on the results of the monitoring.

Article 24, which is subject to the supervision of the quality of the sample product by the superior sector, shall not duplicate the inspection of the enterprise for a period of six months from the date of the screening, except under the relevant provisions.

Article 25 The need for more and more business administration at the district level to monitor the management of products according to the quality of the product can monitor products that may endanger human health and physical, property security, in accordance with relevant national provisions, as well as consumer, relevant organizations, complaints and quality monitoring of product reporting.

Article 26 Product quality monitoring should be coordinated and avoided.

Article 27 provides for higher-quality technical supervision at the district level, and after reporting, the decision to be taken or inadmissible within five working days and to inform the complainant, the reporting person. Complaints and reports should be promptly checked and the perpetrators will be informed of the results.

In cases where more than twenty-eight quality technical supervision, business administration, etc., is suspected of a violation, the product will need to be tested, sample tests can be carried out and the competent inspection body is commissioned. The products suspected to be exposed to the location of the other person's plants may be sent to the infringers to help identify them.

The sample drawn by article 29 should be taken by the sampler in the market or in the products to be distributed in the commercial material warehouse, without being sampled by the inspector.

The sample used should be purchased in accordance with the relevant provisions of the State and should be purchased to the inspector; without the relevant provisions, the licensee was provided without compensation and the test was completed and, in addition to the test of the loss, the licensee should be returned.

A sample sample should be drawn according to the number of the provisions concerned, with no specific number of provisions, and the sampling material should not exceed the reasonable needs of the test.

Article 33 Quality of Products test bodies should be certified by the quality technical supervision sector of the State or by the quality technical supervision sector in the self-government area, with the necessary conditions for testing and capacity and with the corresponding qualifications, and subject to product quality testing activities.

Product quality test personnel should be subject to a quality technical supervision component of the State or a sectoral examination, examination and qualifications of the self-government sector, with certain vocational skills and a certificate of the performance of the Tester's work.

Article 36 Quality Monitoring of Products and its Testers should strictly implement the technical norms of testing and be responsible for the findings of the test, with confidential technical information provided by the Prosecution.

Article 32 encourages, directs, supports citizens, legal persons and other social organizations to create quality testing institutions for all types of products, to develop testing personnel and to enhance the capacity of quality safety technologies for products.

Article 33 test, determination of product quality is based on:

(i) National standards, industry standards, local standards and corporate standards in accordance with the law;

(ii) The product mark, the content of the statement of the product, indicating the quality situation, including in-kind samples, or the quality contractual agreement and technical requirements;

(iii) The quality test methodology or quality determination rules and provisions developed or approved by the quality technical monitoring component of the State and autonomous areas;

(iv) Other provisions of laws, administrative regulations.

Article XIV Quality test fees are implemented in accordance with the following provisions:

(i) Examination of the quality of the product and the quality monitoring test shall not be charged to the inspector and the required test fee is guaranteed by the same-level finance.

(ii) Quality supervision of products other than screening and quality monitoring, inspection of arbitration, review of non-qualified products, collection of test fees in accordance with projects approved by the State and the financial, material and price sectors.

(iii) The arbitration test fee is assumed by the responsible party at the level of responsibility; the commissioner's inspection fee is borne by the author.

Article XV deals with product quality disputes, which are based on the test finding of the body of the quality of the products co-approved by the parties.

The inspector contests the test findings and may apply for review within 15 days of the date of receipt of the notice of the test finding to the inspectorate or its superior authorities, with a review of the findings from the receiving sector and the final conclusion.

The results of the test were correct and the review was to be carried out by the applicant; the results of the original test were erroneous and should be corrected and the charges were borne by the original inspection body.

Chapter IV Legal responsibility

Article 36 Food producers violate the provisions of article 9, paragraph 1, of this approach, and punish the provisions of article 4 of the Food Security Act of the People's Republic of China (hereinafter referred to as the Food Security Act), in accordance with article 82 of the People's Republic of China (hereinafter referred to as the Food Security Act), and the special provisions of the State Department for the strengthening of the security of products, such as food (hereinafter referred to as the Special Provisions).

Food producers are punished in violation of article 11, paragraph 2, of this approach, in accordance with article 87 of the Food Security Act and article 5, paragraph 2, of the Special Provisions.

Article 37 Food producers are punished in accordance with article 3 of the Special Provisions.

Practitioners are punished in violation of article 10, paragraph 2, of this approach, in accordance with article 33, paragraph 2, of the Standardized Law of the People's Republic of China.

Article 36, subparagraph (vi) and (vii) of the product quality law, in accordance with article 49, article 50, article 52, article 53 and article 51 of the product quality law.

Producers, salesrs violate the provisions of article 12, subparagraphs (v), (viii), of this approach, and punish them in accordance with article 54 of the Product Quality Act.

Article 39 provides for the exclusive use of producers of raw materials, packagings, production tools for products listed in Article 12, subparagraph (ii), subparagraph (vii) of this method or for products that are used in a false manner.

Article 40 Producers, salesrs and service operators violate article 13 of this scheme by reordering the wrongs, gifts or illegal products for the operation of sexual services, and fines up to 50 per cent of the value of the goods used for the operation.

Article 40, a producer and a saler, in violation of article 14 of this scheme, punishes the product quality law in accordance with article 53 of the Act.

Producers, salesrs violate the provisions of article 17, article 18 of this scheme and punish them in accordance with articles 42 to 44 of the Product Quality Act and article 9, paragraph 2.

Article 42 rejects the inspection of the quality of products carried out by law or obstructs the quality of the product carried out under the law by means of violence, threats, etc., respectively, in accordance with article 56 of the Product Quality Act and article 69 of the Act.

Article 43, in violation of article 31 of this approach, stipulates that the product quality test body is guilty of falsification of the test results or of false evidence, in accordance with article 57 of the Product Quality Act.

Article 44 above-level sectors such as quality technical supervision, business administration and staff members in violation of this approach provides for administrative disposition by law of the competent and other persons directly responsible:

(i) Disclosure of the commercial secrets of the producer, the saler, disclosure of information from organizations or individuals that assist in the investigation of the quality of the product or provide false information to the media;

(ii) Execution of seals, seizures or non-removal of seizures and seizures in a timely manner;

(iii) Removal, use or destruction of seized and seized goods;

(iv) To request additional samples to the testor, the monitoror, or to exceed the test, the reasonable needs of the monitoring;

(v) Instructions, the production of arsenal products, and in the sale of this approach;

(vi) To send a letter to the alleged offender in conflict with the law to help him to avoid the investigation;

(vii) Other abuses of authority, omissions, provocative fraud.

Sectors such as quality technical supervision, business administration, and their staff have one of the preceding subparagraphs (i) and (ii) which cause the reputation of the parties, the damages of the honour, the honour shall be removed, the restoration of honour, the apology of the award, and one of the cases in subparagraphs (i) to (iv) of the previous paragraph shall be liable under the law.

Article 42, in violation of this approach, provides that the alleged offence is transferred to the judiciary.

Article 46 may apply to administrative review or administrative proceedings in accordance with the law.

Article 47 provides for the confiscation of products in accordance with this approach, which is likely to endanger human health and physical, property safety, and should be monitored by sectors that adopt administrative measures or make administrative sanctions decisions. The products that could be used should be sold or auctioned after the elimination of the law, be transferred to the State's bank of the sale, the auction's proceeds; the sale, auction or sale, the auction was not translated into, and, with the consent of the same financial sector, could be donated to the public good.

The administrative coercive measures or administrative penalties in this approach are carried out in accordance with the laws, administrative regulations and respective responsibilities by sectors such as quality technical supervision at the district level and business administration. Removal of business licences is carried out by the business administration.

Chapter V

Article 49 of this approach is implemented effective 1 January 2013.