Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257675.shtml
Jiangsu Province agricultural machinery testing, identification and quality supervision (March 17, 2010 45th Executive meeting of Jiangsu province by Jiangsu provincial people's Government, the 62nd release April 6, 2010 as of June 1, 2010) first to strengthen the identification and testing of agricultural machinery quality supervision and management, protection of agricultural product quality and safety, protection of the legitimate interests of producers, sellers and users of agricultural machinery, according to the People's Republic of China Jiangsu Province agricultural mechanization promotion law, the regulations on the management of agricultural machinery and other legal
And regulations, these measures are formulated.
Article in within the administrative area of the province engaged in agricultural research and development, test assessment, production and marketing, maintenance activities, these measures shall apply.
Third provincial agricultural machinery management departments across the province agricultural machinery testing and identification work, organizations use in quality survey of agricultural machinery.
Agricultural machinery management departments of local people's Governments at or above the county level are responsible for the agricultural machinery service quality, job quality, after-sales service and quality complaint handling agricultural machinery supervision.
Fourth farm machinery Management Department, and the quality and technical supervision departments, industrial and commercial administrative departments, economic and management sectors, shall, in accordance with their respective responsibilities, to strengthen the supervision and management of product quality and market of agricultural machinery, quality inspection, complaint handling, quality investigation for agricultural machinery used in, creating a reassuring consumption environment of agricultural machinery.
Article fifth local people's Governments at various levels shall strengthen the agricultural machinery testing identified leadership and quality supervision, improve the ability of test and evaluation of agricultural machinery, agricultural machinery quality supervision system, perfect.
Sixth agricultural machinery testing and identification should be in accordance with the relevant provisions of national and provincial, the qualified statutory test and Evaluation Agency for agricultural machinery.
Agricultural machinery testing accreditation body in accordance with the relevant provisions of national and provincial commitment to promote identification, identification, safety appraisal for project identification and selection work, acceptable units delegate, take on agricultural science and technology achievement appraisal, identification, import and export of new products appraisal and arbitration inspection, quality inspection, quality supervision and inspection work. Article seventh endanger personal and property safety of agricultural products should be in accordance with the mandatory national standards, industry standards and local standards for safety.
Through the identification of safe agricultural products be labelled for identification of safety certification.
Article eighth promote the identification, selection and identification of agricultural machinery, special identification and safety identification shall apply to the agricultural machinery testing certifying agency, other identification to apply for identification of your organization. Agricultural machinery testing institution and organizational identification of units shall, from the date of receipt of the application within the 10th review of application materials, deciding whether to accept, and notify the applicant in writing.
Inadmissible, it shall explain the reasons. Nineth agricultural machinery testing certifying agency shall, in accordance with article agricultural experiment outline and implementation of technical standards to identify, at the closing date of the test and evaluation appraisal report issued to the applicant within 15th. The applicant disagrees with the report, it should be written in the 5th days of receipt; fails to put forward, as no objections.
Agricultural machinery testing certifying agency after the applicant raised no objection, appraisal report, and related materials should be submitted to the relevant authorities to review. Provincial agricultural machinery management departments shall complete the review within the 15th, and timely announcements, agricultural machinery identification certificate issued within the 5th after the announcement.
Meanwhile, agricultural machinery testing certifying agency and published by the corresponding test results. Tenth of agricultural machinery production, maintenance and operation services shall implement the national standard or industry standard.
The absence of national standards and industry standards, by the provincial quality and technical supervision authorities and the relevant departments to formulate local standards.
Relating to personal safety, agricultural products quality safety of agricultural products and environmental protection, it shall establish mandatory standards.
11th quality of agricultural producers shall bear the following responsibilities:
(A) responsible for the quality of their products, product quality shall conform to the requirements laid down in laws, regulations and rules; (B) the establishment of factory records system.
Manufactured products should have a product certificate, instruction manual, "three packs of" documents, the relevant technical documents; machine factory should be provided the necessary tools, accessories and spare parts; after product discontinuation shall ensure the availability of repair parts within five years;
(C) in the areas repair outlets product sales, timely processing of agricultural machinery failure;
(D) properly handle consumer complaints and provide services.
12th agricultural machinery quality responsibility for the seller shall be liable for the following:
(A) the products are responsible for the quality of its sales, to take measures to maintain the quality of products, compliance of "three packs of" obligations; (B) to establish incoming inspection system, inspection quality certificates.
Law for industry products production license, legally requires certification of agricultural machinery, should identify the relevant documents or sign;
(C) establishment of sales record-keeping system, faithfully record the name, specifications of agricultural machinery, production batch number, supplier name, contact and sales flow of content;
(D) properly handle product quality issues, queries and complaints.
Agricultural machinery products were sold, the seller shall be tested out of the box, to the buyer's inspection, commissioning, product use and maintenance of knowledge, safety considerations, sales invoice issued in accordance with law to provide "guarantees" voucher, product certification, and product manual. 13th agricultural machinery product does not meet quality requirements, that does damage to the consumer, shall compensate.
Agricultural machinery users have the right to ask sellers to be compensable; sales compensation, which belongs to the producer responsibility, the seller shall have the right to compensation from the producer. Article 14th sale of agricultural products, the seller shall be with a sales area of the county agricultural machinery management departments sign an undertaking.
Undertaking shall set forth the name of the sales of agricultural machinery, models, quality indicators, parts supply and after-sales service and complaints handling, and so on.
15th agricultural machinery producers found their production of agricultural machinery design and manufacturing defects, can cause damage to personal property security, should cease production immediately, inform the seller and the consumer, and recalled had sales of agricultural machinery.
Agricultural machinery sellers found its sales of agricultural machinery design and manufacturing defects, may cause damage to personal and property safety, should immediately stop selling, inform producers and consumers, and assist producers to recall had sales of agricultural machinery.
Agricultural machinery design and manufacturing defects, cause property damage shall be compensated according to law.
16th maintenance quality of agricultural machinery maintenance operators shall comply with the relevant national safety technical code for warranty and maintenance requirements to ensure maintenance quality. Maintenance work after the repair should be submitted in person after repair of agricultural machinery and maintenance records, and express repair warranty.
During the period of maintenance quality assurance, quality problems, it should be free of maintenance. 17th in the agricultural machinery service personnel shall undergo training, working knowledge of mechanical performance and security, in accordance with the quality standard of agricultural machinery operation or operate agreed services.
Quality does not meet the standards or conventions shall free rework operations or reduce service fees.
18th old tractors, combine harvesters and other transactions, must have legal and valid license plates and registration procedures for the transfer or to discard criteria, should be scrapped in accordance with the provisions, and shall not be traded.
19th agricultural machinery administration, local people's Governments at or above the county level shall determine the agricultural machinery quality complaints bodies, is responsible for handling on agricultural product quality, service quality, job quality and after-sales service of complaints, provision of agricultural machinery product quality information and advisory services to farmers.
Agricultural machinery quality complaint handling shall follow the following procedures: (A) the complaint after the Agency received a complaint about the quality of agricultural machinery, should be making the admissibility in the 2nd reply.
Not admissible, inadmissible shall inform the complainant in writing of reasons;
(B) the complaint, it shall promptly notify the complainant and process requests at short notice in the 3rd, the busy season should be dealt with in the 2nd; (C) complaint handling should be carried out according to law mediation. If necessary, you can conduct site surveys, tests or technical appraisal. Solutions reached by mediation should be a written agreement, by agricultural machinery quality complaint body responsible for urging the parties to fulfil. Controversial larger differences between the two sides cannot reach a mediation program, agricultural machinery quality institutions can make a written response to a complaint, terminate the mediation.
Complaints can be resolved through other means.
Accept complaints about the quality of agricultural machinery shall not collect any fees from the parties.
20th provincial agricultural machinery management departments according to the complaints of the use of agricultural machinery and the practical needs of agricultural production, can be organized using a specific kind of agricultural product quality and safety, for quality and safety of agricultural products and plans should be made public in advance.
Article 21st identification certificate for agricultural machinery agricultural machinery products has been made a major quality problem, producers refused to deal with complaints about the quality or quality problem cannot be solved within the time limit specified, by the provincial agricultural machinery agricultural machinery management cancelled the product identification certificate, and shall be published.
22nd forgery, fraudulent use or with an expired certificate for agricultural machinery, marking, agricultural machinery management departments of local people's Governments at or above the county level shall be ordered to desist from the illegal act, has illegally obtained, the illegal income more than 1 time penalty of twice, but not more than 30,000 yuan; no illegal gains and fines of between 3,000 yuan and 10,000 yuan. Article 23rd agricultural machinery test and evaluation institutions and personnel in the identification work is not in accordance with the provisions of the identification, or issuing false certificates, by the provincial agricultural machinery Management Department ordered corrective action and managers directly responsible and other persons directly responsible shall be given administrative sanctions.
Causes losses to the agricultural machinery users shall bear the liability.
24th agricultural machinery quality complaints body for complaints not processed in a timely manner, resulting in a significant impact, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.
25th endanger personal and property safety of agricultural machinery in these measures refers to the personal and property safety of potentially damaging agricultural machinery, including diesel engines, tractors, combine harvesters, transplanter, mobile plant protection machinery, hay machine, thresher, feed mill, farm trailers and so on.
This way, the term "three packs of" refers to the producer or seller shall be liable for the repair, replacement or return of the responsibilities and obligations.
26th day mentioned in these measures refers to working days. 27th article this way come into force on June 1, 2010.
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