Trade Measurement In Gansu Province Supervision And Administration

Original Language Title: 甘肃省贸易计量监督管理办法

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(August 27, 2007, the 106th meeting of the people's Government of Gansu Province passed on September 29, 2007, Gansu Provincial people's Government promulgated as of December 1, 2007, 40th), first under the People's Republic of China metrology, metrological supervision and administration of Gansu province Ordinance and other relevant laws and regulations, these measures are formulated.
    Article in the province engaged in trade measurement activities in the administrative area of the units and individuals shall comply with these measures.
    Trade measurement mentioned in these measures refers to goods and service providers (hereinafter referred to as the operator) use of units of measurement, measuring instruments for goods or services value of metering behavior.
    Third quality and technology supervision departments at and above the county level shall be responsible for supervision and management of trade measurement activities within their respective administrative areas.
    Administration for industry and Commerce and other departments concerned in accordance with the provisions of laws and regulations, within the scope of their respective duties and responsibilities of trade measurement activities supervision and management.
    Fourth article operators should configuration and using with business project phase adapted of measurement apparatus, its minimum points degrees value and maximum measurement deviation should meet national or province Shang about requirements; shall not using no verification qualified confirmed or over verification cycle of measurement apparatus, shall not using national expressly ban using of measurement apparatus and the household spring degrees Pan scale, trade measurement apparatus, shall not damage measurement apparatus of accuracy and anti-cheat device.
    Operators should use measuring instruments to enhance maintenance and management, maintains its accuracy in measuring and arranging to send legal metrological verification institution for compulsory examination.
    Fifth market organizers, managers or sponsors should always trade in measuring instruments on the market the accuracy and compulsory verification checks to ensure operation of measuring instruments in accordance with relevant State regulations and mandatory standards.
    At the sixth legal metrological verification institution to conduct compulsory examination, national verification procedures should be performed, and to complete the test within the prescribed to ensure quantity value delivery and accurate. Seventh business operators in the management of commodities or provision of services, where the value of the goods, services as a basis for settlement, measuring instruments measurement value should be used.
    In addition to consent of the parties, no measure billing.
    Bulk deals, all weighing conditions shall be settled in weighing mode measurement; not capable of weighing conditions, adopting national standards under which the formula method of measurement, but should be, consumers express calculation method and elements to the user.
    Eighth in the immediate liquidation of transactions, the dealer shall provide the users and consumers express units of measurement, operational processes and measure; the other party disagrees with should be reactivated and displays the value.
    Operators to provide users and consumers with goods, services shall be in accordance with the relevant provisions of the State or commercial practices showed that value of bills issued by; user value, consumers have the right to ask the operator for that Bill. Nineth business operator shall ensure the accurate measurement of goods and services measured.
    Quantitative package goods, non-quantitatively-packed commodities or the measurement deviation allowed values of bulk commodities in the State and within the limits prescribed by the province.
    Measurement of bulk goods or services, the average values should be consistent with the actual value, shall not intentionally create negative deviation. Tenth production and sale of packing goods, shall, in accordance with the national provisions in the package prominently in Chinese, numeric values, and legal measurement units clearly marked NET content.
    Operators shall not sell does not indicate the net content of prepackaged goods. NET content marked "net contents (Chinese), digital and legal units of measurement (or in Chinese count unit)" consists of three parts.
    Length, area, counting unit mark NET content of prepackaged goods, can be only marked numbers and legal units of measurement or count unit in Chinese.
    Due to changes in moisture content changes caused by factors such as net larger packaging goods, producers should take steps to ensure product accuracy of net content under defined conditions.
    11th net of the sale of goods and services should be based on product content or for the actual value measurement services, foreign bodies, or other factors may not be included in the value of the goods or services.
    12th gas station operators using fuel dispenser with measuring instruments manufacturing license logo, serial number and product verification certificate of competency or imported measuring instruments fuel tanker installation is reported by the local quality and technical supervision departments authorised legal metering verification institution verification, inspection before they can put to use.
    Fuel dispensers when maintenance is required, shall have legal qualification of maintenance repair, repair of fuel dispensers shall be submitted to the legal metrology verification institution verification, inspection before they can again put into use.
    13th glasses for spectacle lenses and finished spectacle lenses, as well as optometry, optometrist business operators shall comply with the following provisions: (a) establishing a sound incoming and outgoing goods inspection and acceptance system, (ii) equipped with commensurate with the business of optometry, pupil distance, vertex, permeability, thickness measuring equipment, such as and (iii) ensure the glasses product measurement data are accurate and reliable.
    14th operators such as water, electricity, gas, heating, shall, in accordance with the end user using the legal metrological verification of authority mandatory standards of measuring instruments display the values as a basis for settlement shall not be expressed as a total value shift outdoor pipelines or other facilities of energy losses and the losses.
    15th heating, water supply, power supply, telecommunications, energy, transportation and other service operators, operations measuring instruments used in trade settlement, quality and technical supervision departments should take the initiative to accept supervision of measurement, and to provide supporting data recording, measuring method, basis, and other materials.
    For trade settlement of fuel dispensers, mileage meter, power meter, gas meters, heat meters, water meters and other measuring instruments, without a national legal metrology bodies or mandated by the quality and technology supervision departments above the county level measurement standards Institute shall be installed and used.
    16th real estate transactions must be marked area, area and apportioned share of common areas, and in accordance with the relevant national and provincial area of the stipulation of settlement.
    Article 17th in business activity, shortages of goods, services, in accordance with the provisions of consumer protection laws and regulations and other relevant compensation.
    18th of quality and technical supervision departments according to law when exercising measurement supervision and inspection, the operators under investigation shall be subject to inspection, and within the prescribed time limit, provide information on shall not refuse the inspection. In business activities, the 19th, commodity or service disputes, the parties can apply for mediation or arbitration.
    During the dispute, any party may be changed and the dispute relating to the amount of technology and trade of measuring instruments.
    20th of quality and technical supervision administration law enforcement personnel and metrological verification tests in the performance of their duties, should keep trade secrets and know-how for the operators, is not allowed to be made independent of the supervision and inspection requirements of the check.
    21st in violation of provisions of the first paragraph of this article fourth shall be ordered to correct, punishable by fines of less than 100 Yuan more than 5000 Yuan.
    22nd article violates these measures set forth in the fifth, 12th and correction can be fined a maximum of between 1000 Yuan and 100 Yuan.
    23rd violates article 13th of this approach (b), (c) the provision shall be ordered to correct, may be fined a maximum of 1000 Yuan and 10,000 yuan; losses caused to consumers, should pay for the damage.
    24th article this approach provides of administrative punishment, by County above quality technology supervision sector decided; using not qualified measurement apparatus or damage measurement apparatus accuracy, to national and consumers caused loss, legal, and administrative regulations provides business administration sector also can processing of, in accordance with legal, and administrative regulations of provides implementation; other legal, and regulations on punishment organ another has provides of, in accordance with about legal, and regulations of provides implementation.
                                                25th article of the rules take effect on December 1, 2007.