Circulation Of Commodity Quality Supervision Management

Original Language Title: 流通领域商品质量监督管理办法

Read the untranslated law here: https://www.global-regulation.com/law/china/3025012/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
  (Released March 17, 2016, State administration for industry and commerce, 85th) Chapter I General provisions article to strengthen the circulation of commodity quality supervision and management, protection of the rights and interests of consumers, maintain social and economic order, according to the People's Republic of China consumer protection law of the People's Republic of China product quality law and other laws and administrative regulations, these measures are formulated.

Article industry and commerce administration departments at or above the county level (including market supervision and Management Department of the administration of industry and commerce, the same below) in accordance with the provisions of laws, regulations and measures, management of the circulation of commodity quality supervision within the administrative area, investigate and punish violations of product quality.

Article III administration of industry and Commerce of the circulation of commodity quality inspection as the main mode of supervision and inspection system and to enhance the commodity quality supervision and management, urging the operators to perform quality obligations, protection of rights and interests of consumers.

The fourth industrial and commercial administrative departments to establish communication, information sharing and transfer the case, regulatory linkage mechanism, strengthening law enforcement cooperation, enhance the efficiency of regulatory enforcement.

The fifth industrial and commercial administrative departments for quality illegal imposition of administrative penalty shall be in accordance with the principles of fairness, openness and timely, persist in combining punishment with education, education and urging the operators to consciously fulfilling their statutory obligations.

Sixth chapter operators of commodity quality obligations the seller shall establish and improve stock checking, stopped sales and return policy product quality management system guarantee product quality, these measures are in accordance with the laws, regulations and provisions of obligation and commitment to consumer goods quality, bear the quality responsibility for the product.

Seventh seller shall strictly implement incoming inspection and acceptance system, record incoming inspection and acceptance, and according to the characteristics of goods to take necessary measures to keep and maintain the quality of merchandise sold.

Examination of contents include: (a) the supplier qualification, (ii) product certification and other marks; (c) in accordance with the laws and regulations of production license or compulsory product certification system of the goods, checking its license and certification.

Eighth article sales of commodity or its packaging Shang of identifies should real, and accurate, and easy recognition, shall not misleading consumers, and meet following requirements: (a) has commodity quality test qualified proved; (ii) has Chinese marked of commodity name, and production factory factory name and site; (three) according to commodity of features and using requirements, need marked of commodity specifications, and grade, and by containing main components, and content and other need prior let consumers knows of content;

(D) used within a product should be in a prominent position of clearly indicating the production date and the safe use of date or expiry date; (e) the use of inappropriate, likely to cause damage to the product itself may endanger the safety of persons, property or goods, there should be a clear warning marks or warning specifications in Chinese, (vi) other provisions of laws and regulations and mandatory standards shall be indicated.

Sellers sales using their trademarks, commissioned the production of goods, shall be labeled in accordance with the provisions of the preceding paragraph of this article.

According to the characteristics of the goods are difficult to be identified without package goods, without logos.

Nineth article sales of imports commodity should meet following requirements: (a) has Chinese marked of commodity name, and origin and importers or total distribution who name and address; (ii) relationship human health and personal, and property security or on using, and maintenance has special requirements of commodity, should with Chinese manual; (three) deadline using of commodity, should has Chinese indicate of failure date; (four) with imports parts assembled or points loaded of commodity, commodity or packaging Shang should has Chinese indicate of assembled or points loaded factory factory name, and site. Tenth Article sales who shall not sales following commodity: (a) not meet guarantees human health and personal, and property security of national standards, and industry standard of commodity; (ii) not meet in commodity or its packaging Shang mark used of products standard of commodity, not meet to commodity description, and real samples, way showed that of quality status of commodity, not has should has of using performance of commodity; (three) national expressly eliminated and ban sales of commodity; (four) forged origin, forged or take with others of factory name, and site,

Forgery or fraudulent use of the certification marks of quality marks, such as commodities (v) failure, deterioration of the goods; (vi) tamper with the production date of the goods.

11th a seller selling goods, not doping, adulterate, no impurities, a defective product cannot be unqualified goods as qualified goods.

12th sale of commodity performance defects but not contrary to mandatory provisions of the law, the seller shall be in goods, packaging or sales sites prominently and clearly marked "substandard", "defective products", "reject", and notices to truthfully explain by way of the defects or the actual quality of goods.

13th a seller may not purchase or sales without name and address and other unidentified products.

14th prizes, gifts and other goods deemed sales, should be consistent with the approach set forth in eighth to 13th.

15th services operators may not use this article tenth, 11th provisions banning the sale of goods for business services. 16th sellers of goods do not meet the quality requirements, shall, in accordance with the national provisions, the parties agree to fulfil returns, replacement, repair and other obligations.

No State regulations and agreed by the parties, consumers can receive the goods within 7th day of return; after the 7th in line with statutory conditions for termination of the contract, consumers can return in a timely manner, do not meet the statutory conditions for termination of the contract, operators may be required to perform the replacement, repair and other obligations.

Law designated by the relevant administrative departments for the unqualified goods, consumers return, the seller shall be responsible for the return. 17th sellers using Internet, television, telephone, mail-order sales of goods, consumers are entitled to from the date of receipt of the goods returned in the 7th.

Seller shall bear no reason to return their obligations in accordance with the law.

18th seller shall promptly carry out repair, remaking, replacement, return, complement the product quantity, refund the purchase price and costs or compensate for the loss of service obligations shall not intentionally delay or refuse.

19th sellers find it, of product defects, endanger the personal and property safety hazards, should immediately report to the Administrative Department for industry and commerce, and to inform consumers, and to halt the sale, warning, among other measures.

Article 20th knew or should have known belonged to the article tenth, 11th provision prohibits the sale of goods, shall not be provided with transportation, storage, warehousing and other conveniences.

The 21st run counter the lessor of goods, trade show organizers, online trading platform providers, broadcast television platform operators should apply to enter their premises selling goods or platform operator qualification review registration obligations.

Commodity management counters the lessor, commodity fairs, the Organizer, online trading platform providers, broadcast television platform operators receive industrial and commercial administrative authority shall order to stop sale notice or notice, and supervising the sellers should be required to stop selling related merchandise, stopped in time for the relevant product offers platform services or admission to operate, with the supervision and administration of industry and commerce administration departments.

Product quality supervision and inspection of the 22nd chapter III industrial and commercial administrative departments shall, in accordance with the laws and regulations, random check of these measures as well as implementing the unified arrangements of the programme, operators in the random area, randomly selected law enforcement personnel, sales of goods and conduct supervision and inspection of goods used in the operational services.

Random content include: implementation of the examination system, commodity quality inspection certificates, brochures and manufacturer name and address, warning signs and other labels, and other product information should be provided to consumers.

Administration of industry and commerce to consumers, relevant organizations, the mass media reflect commodities with quality problems found in the administrative law enforcement should focus on.

The 23rd industrial and commercial administrative departments shall, in accordance with the relevant provisions of the circulation of commodity quality inspection and inspection work carried out, using data analysis and other means, science determine the focus of online inspection, establishment inspection plan and the implementation of programmes, should not be random.

Selective testing shall be in accordance with the law and other relevant rules and regulations and mandatory standards, and product standards indicated on the goods or their packaging or trade descriptions, samples and other means of quality the quality of judging.

Inspection results should be announced to the public in a timely manner.

Powers of supervision and inspection by the 24th industrial and commercial administrative departments or through complaints, reports, other authorities transferred, assigned by the higher authorities, including discovery, investigated quality violations, and through the business credit information publicity system to public information on administrative punishments.

25th article business administration sector on suspected commodity quality violations for investigation Shi, law exercise following terms: (a) on party suspected engaged in illegal activities of places implementation site check; (ii) to party of statutory representative people, and main head, and other about personnel and related operators survey, and understand and suspected illegal activities about of situation; (three) check out, and copy party about of contract, and invoice, and purchase Taiwan account, and sales Taiwan account, and financial books and other about information;

(D) according to the considered incompatible with protection of human health and the security of person and property standards, industry-standard products or other goods with serious quality problems, and sell the goods directly to the raw and auxiliary materials, packaging, special tools, be sealed up or seized and (v) other functions and powers prescribed by laws and regulations. 26th to the test and identified by unqualified goods, industrial and commercial administrative departments shall be ordered to immediately stop selling the sales. Found incompatible with the protection of human health and sales personal and property security of national standards, industry standards for goods, shall order the seller immediately in their jurisdiction to stop selling the same specifications of goods of the same trademark, tracing for the supply of the goods in a timely manner; suppliers are not covered by this area, clues to inform the supplier should be local industrial and commercial Administration Department.

Belongs to the quality of producer liability offence should be clues to inform the producers where relevant administrative departments.

27th, industrial and commercial administrative departments according to market supervision and inspection, and release product quality safety risk warnings and consumer tips.

28th administrative departments for industry and commerce within the statutory terms of reference, can be imposed on operators of administrative guidance, based on recommendations, interviews, model guide operators by way of legal regulations.

29th business operators shall cooperate with the Administration for industry and commerce in accordance with law, supervision and inspection, shall not be denied. Fourth chapter legal responsibility 30th article sellers violation this approach eighth article and Nineth article provides of, in accordance with People's Republic of China products quality method 54th article of provides be punishment; sellers violation this approach tenth article subsection (a) items to subsection (five) items, and 11th article, and 12th article and 14th article provides of, in accordance with People's Republic of China products quality method 49th article to 53rd article of provides be punishment; operators violation this approach tenth article subsection (six) items, and 16th article, and 17th article, and 18th article , And 19th article provides of, in accordance with People's Republic of China consumers interests protection method 56th article of provides be punishment; operators violation this approach 20th article provides of, in accordance with People's Republic of China products quality method 61st article of provides be punishment; operators violation this approach 15th article provides of, in accordance with People's Republic of China products quality method 62nd article of provides be punishment; operators violation this approach 29th article provides of, in accordance with People's Republic of China products quality method

56th of the rules will be punished.

31st article on for sales who provides not meet guarantees human health and personal, and property security of national standards, and industry standard of commodity of supply who, in accordance with People's Republic of China products quality method 49th article of provides, ordered stop sales, confiscated illegal sales of commodity, and at illegal sales commodity (including has sold and not sold of commodity) goods value amount equivalent above three times times following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, revoked license.

32nd seller breaches the provisions of article 13th, correction, the illegal income three times but not more than 30,000 yuan fine; no illegal gains and fines of between 10,000 yuan.

33rd article commodity business counter rental who, and commodity fairs held who, and network trading platform provides who, and broadcast TV shopping platform operators on application into its business places or platform sales commodity of operators of subject qualification not perform review registration obligations, or refused to assist business administration sector on suspected violations take measures, and carried out survey of, ordered corrected; refused to corrected of, at 10,000 yuan above 30,000 yuan following of fine.

34th sellers take the initiative to eliminate or mitigate harm product quality violations committed, take measures such as delisting, conscientiously resolve consumer disputes, shall be given a lighter or mitigated punishment.

Seller has sufficient evidence to prove that it does not know what to prohibit sales of goods sales of goods and truthfully explain stock sources, shall be given a lighter or mitigated punishment.

35th Manager refuses to accept the decision on administrative penalty to the industrial and commercial administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

36th industrial and commercial administrative law-enforcement officials who abuse their powers, neglect their duties, engages, shall be given administrative sanctions if the case is serious enough to constitute a crime, he transferred to the judicial organs according to law.

Fifth chapter supplementary articles article 37th sales include sellers in these measures by store, Internet, television, telephone, mail order, direct provision of goods.

38th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 39th these measures come into force May 1, 2016.

Related Laws