Administrative Measures On Local Standards In Zhejiang Province

Original Language Title: 浙江省地方标准管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264158.shtml

Administrative measures on local standards in Zhejiang Province

    (July 19, 2010 No. 273, promulgated by the people's Government of Zhejiang Province as of September 1, 2010) Chapter I General provisions

    First in order to regulate the local standards of management, ensuring product quality, quality, quality of service and quality, to promote sustainable economic and social development, in accordance with the People's Republic of China standardization law, the People's Republic of China regulations for the implementation of the standardization law, standardized regulations, Zhejiang Province, and other provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

    Article standards within the administrative area of the province develop, implement and monitor management, these measures shall apply.

    Otherwise provided by laws and regulations, from its provisions.

    Third people's Governments above the county level shall strengthen leadership of the local standard, supported relate to protection of human health, environmental protection, energy resources, construction quality standards research development and implementation. Article fourth provincial quality and technical supervision administration departments unified management standards in the province.

    Cities and counties (cities, districts) within the departments responsible for the administration of quality and technical supervision administration management of local standards related work.

    Health, science and technology, environmental protection, economic and information technology, agriculture, administrative departments of housing and urban-rural development in accordance with their respective responsibilities, management of local standards related work.

    Standardization technical committees, trade associations or other organizations in accordance with the laws, regulations and the articles of Association, and local standards related to the work carried out.

    Article fifth provincial quality and technical supervision and administrative departments should strengthen the research on standardization issues, learn from successful international practices, develop or amend the relevant local standards in a timely manner; in conjunction with the provincial intellectual property administrative departments, such as local standards will be converted in due course of the outcome of independent innovation.

    Sixth encourages enterprises, institutions, scientific research institutions, universities, professional institutes and standardized professional academic organizations to actively undertake or participate in local standards research, development, and promotion.

    Encourage producers to give priority to the use of foreign advanced standards or stricter than national standards, industry standards and local standards to international standards.

    Chapter II scope of development

    Article seventh the absence of national standards, industry standards and needs in this province-wide uniform industry, agriculture (including forestry, animal husbandry and fisheries, hereinafter the same), services, engineering, construction, environmental protection technology and management requirements may establish local standards (including production of standard samples, the same below). Eighth place criteria include mandatory and voluntary standards.

    Compulsory local standard, including full text of mandatory provisions and enforcement.

    Nineth compulsory local standard includes the following technical and management requirements:

    (A) for the protection of human health and the safety of person and property requirements;

    (B) the products and production, transportation, use of safety and health requirements;

    (C) food safety and sanitary requirements;

    (D) the construction quality and safety requirements and other requirements in this province need to control construction;

    (V) emission limit values and environmental quality requirements;

    (F) energy and resource conservation requirements;

    (G) the provisions of laws and regulations must perform additional technical and management requirements.

    Chapter III project and the drafting

    Tenth provincial quality and technical supervision and administrative department shall, in conjunction with the provincial administrative departments concerned, according to the province's economic and social development needs and relevant regulations of the State, local standards development plan.

    11th units or individuals as required, to the relevant provincial and municipal quality and technical supervision administration departments and provincial administrative departments or provincial professional Standardization Technical Committee to develop regional standards project proposal.

    To encourage scientific and technological research institutions, universities, enterprises and institutions proposed innovation results into standard project proposal.

    12th provincial quality and technical supervision and administrative department shall, in conjunction with the provincial administrative departments concerned, opposing proposals to develop local standards of necessity, feasibility and implementation effects of experts ' assessment proved, local standard-setting projects.

    13th be added to local standards development plan should be a clear standard drafting unit and finish times; local standard-setting projects financial support shall be determined in accordance with the relevant provisions of the province to bid standard drafting units.

    14th standard drafting units should be in accordance with the relevant standard-setting norms drafted local standards, and extensive consultations with producers, operators, users, and other related aspects of the views need a standard sample contrast local standards, it shall make the corresponding standards, sample. 15th place criteria related to limited, content requirements such as quantitative rules, standard drafting units should be tested; local standards on test methods and laboratory than on standard drafting units should be verified.

    Standard drafting units should be responsible to verify the authenticity of data.

    The fourth chapter reviews and approval 16th local standards shall be approved by the local standards Review Committee (hereinafter referred to as the Review Committee) reviewed by. The Committee for the review by the provincial quality and technical supervision Administration Department or the Department of provincial administration organizations on Standardization technical committees, trade associations, professional societies, scientific research institutions and other units of the experts.

    Members of the Committee for the review of generally not less than 7; if necessary, invited representatives of consumers and users.

    17th Committee for the review of the local standards to trial whether the text should be in accordance with the law, rules and regulations, coordination with the relevant national standards, industry standards, technical content of scientificity, reasonability and operability, as well as mandatory and that the effect of the content of the review.

    Standard text relates to limited, submit content requirements such as quantitative rules, Committee for the review of validation materials should be reviewed and evaluated.

    Disagreement in the Joint Committee on the review of conclusions need to vote, not less than three-fourths of the members agreed to the adoption.

    Review of relevant content, review of the opinion, review conclusions shall record in writing, signed by the reviewers later archived for future reference.

    18th place standard approval after review by the Review Committee, the text, formed local standards for approval the text, submitted to the provincial quality and technical supervision of review or approval by the Administrative Department. Provincial quality and technical supervision Administration Department will place a standard text for approval to the public.

    Recommended standards for approval the text publicity period should not be less than 30th, compulsory local standard text publication for approval term shall not be less than 60 days. 19th place standard text for approval by the public without objection or opposition is not established, the Department of quality and technical supervision administration at the closing date of the public notice within 15th approved, released after the number.

    Among them, the local standard of engineering construction by the provincial quality and technical supervision and administrative departments, the provincial housing and urban-rural construction approved by the Administrative Department, Department of provincial quality and technical supervision administration after the number, together with the provincial Department of housing and urban-rural construction administration publication.

    Laws and regulations should be formulated by the provincial government standards, the Department of quality and technical supervision administration after the audit submitted to the provincial people's Government for approval and publication.

    Laws related to local standards and regulations by the provincial administrative departments, and approved for publication, from its provisions.

    Article 20th local standards shall be from the date of approval in the 15th, to national standardization Administrative Department in accordance with regulations or laws, administrative regulations, relevant State departments to report record.

    The fifth chapter implementation and supervision

    21st place criteria shall be made public and free access to the public.

    Compulsory local standard should come into force 90 days after the date of promulgation, public security, human health, environmental protection and other important public interests except those that need to be implemented. 22nd to engage in research, production and management, service units and individuals shall strictly enforce the compulsory local standard.

    Prohibition of production and sale of products which do not meet the mandatory standards, prohibit the use of products which do not meet the mandatory standards for consumer services.

    Any unit and individual have the right to report and expose violations of mandatory standards.

    23rd production units and individuals to implement local standards, should the product or its manuals, packaging, marking the implementation of the code and number of the local standard.

    24th of quality and technical supervision, as well as the relevant administrative authorities, standardization technical committees and industry associations should develop local implementation plans in accordance with their respective responsibilities, advocacy training and implementation work, gathering and reflect the local standards of implementation, timely research to solve problems in the implementation.

    25th of quality and technical supervision, as well as relevant administrative departments shall, in accordance with laws and regulations and the regulations to supervise and inspect the implementation of the standards, investigate violations in a timely manner, but may not disclose business secrets of the units inspected.

    Article 26th provincial quality and technical supervision and administrative authorities and relevant competent administrative departments shall follow local standards implementation, to assess the effectiveness of its implementation. 27th provincial quality and technical supervision and administrative authorities as well as the province of the relevant administrative departments should be based on Science and technology development and the need for economic and social development, local standards of review on a regular basis.

    Standard review cycle is generally not more than 3 years.

    Any of the following circumstances, provincial quality and technical supervision authorities and relevant competent administrative departments shall review relevant local standards in a timely manner:

    (A) the relevant national standards, industry standards have been formulated or revised;

    (B) local standards are based on the laws, rules, regulations, amended or annulled;

    (C) the relevant international standards had changed;

    (D) and local standards related to the significant changes in the production technology, measurement technology;
(E) local standards in the process of implementing other new circumstances need to be reviewed.

    28th provincial quality and technical supervision administration authorities according to local standards and provincial administrative authorities to implement evaluation and review, need to be revised or repealed local standards, should be revised or repealed.

    Involving local standards developed by the people's Government of the province, the Department of quality and technical supervision Administration submitted to the provincial people's Government approved the amendment or repeal.

    The sixth chapter legal liability

    Article 29th acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.

    30th of quality and technical supervision has one of the following acts by the administrative authorities, responsible in charge and other direct liable persons shall be given by the authority in accordance with administrative privileges disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not in accordance with local standards of review, approve, as provided herein;

    (B) finding violations of the compulsory local standard not be investigated and dealt with according to law;

    (C) the violation of these rules to disclose trade secrets;

    (D) these measures are not in accordance with the provisions of the review of local standards;

    (E) other malpractices for personal gain, dereliction of duty and abuse of power.

    31st article of one of the members of the Committee for the review of any of the following circumstances, by the provincial quality and technical supervision and administrative departments or provincial administrative departments give notice of criticism, and may not participate in local standards of review activities in the province; Review Committee members belong to the functionaries, disciplined by the authority in accordance with the administrative permission law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) fails to comply with these rules, standard trial text for review;

    (B) fraud, fabricated, altered authentication materials or the conclusions of the review;

    (C) receiving standard drafting unit and its interest in money or other benefits.

    One of the circumstances set forth in the preceding paragraph, review board to review the conclusions invalid, should reorganize the Review Committee for review.

    32nd article violates these rules, production and sales of products which do not meet the mandatory standards, the Department of quality and technical supervision administration, or industrial and commercial administrative departments according to their respective duties, be ordered to stop production and sales, illegal production and sale of products and the illegal income shall be confiscated and illegal income twice or more than 1000 of less than 50,000 yuan fine.

    33rd article violates these rules, in the production, management, service and construction process in violation of the mandatory standard, by the quality and technical supervision administration authorities or relevant administrative departments according to their respective functions, standardized management in Zhejiang Province, in accordance with the 37th article of the Ordinance shall be punished.

    The seventh chapter by-laws

    34th of municipal and County (city, district) Department of quality and technical supervision administration jointly with the relevant administrative department according to actual needs, develop standard specifications such as agriculture, services, and recommends implementation within their respective administrative areas. 35th these measures shall come into force on September 1, 2010.