Ningbo Municipal People's Government On The Revision Of The Regulation On Metrological Supervision Of Ningbo Decided

Original Language Title: 宁波市人民政府关于修改《宁波市计量监督管理办法》的决定

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Ningbo Municipal People's Government on the revision of the regulation on metrological supervision of Ningbo decided

    (November 25, 2013, Ningbo Municipal People's Government at the 35th Executive meeting on December 6, 2013 release, Ningbo Municipal People's Government order No. 208 as of February 1, 2014) under the People's Republic of China administrative enforcement Act and the Zhejiang Province supervision and Administration Ordinance, city, Ningbo Municipal People's Government for decision on the regulation on metrological supervision as follows: One of the Nineth article is revised as follows: "for trade settlement in the city, safety, health, environmental monitoring and administrative law enforcement, forensic, and included in the list of compulsory certification of measuring instruments, the progressive introduction of free compulsory examination, be guaranteed by financial requirements. Working measuring instrument of mandatory verification directory and free range working measuring instrument of mandatory verification, in accordance with the relevant provisions of the State and province.

    ” Second, 11th the fourth paragraph as follows: "metrological verification institution upon receipt of the inspection of measuring instruments, shall, within 7 working days to complete verification; indeed require the extension of examination time, determined by the metrological institutions consultation and inspection units. On site calibration conditions, verification bodies shall, upon receiving the verification completed within 10 working days from the date of application for on-site verification.

    ” Three, 24th is revised as follows: "operator in the acquisition of agricultural and sideline products and means of agricultural production in the selling process should be proper use of the conformity of measuring instruments. Farmers ' cooperatives, the family farm or farmer disagrees with the results of measurement, operators shall operate measuring process again, and a new display value transaction.

    ” Four, 25th the first paragraph is amended as: "real estate transaction you must label the actual floor space, and in accordance with national and provincial regulations about the area measurement.

    ” Five, 40th is amended as: "the quality and technology supervision departments should report to the public, the admissibility of complaints. To fall within the duties of the Department reports, complaints, shall, upon receiving the reports, complaints made within 10 working days from the date of decision and to respond to the parties (verification, testing time); not part of the mandate of the Department, shall, within 3 working days to transfer power to handle departments, units for processing, and shall inform the parties.

    ” Six, 42nd is amended as: "disobey the Nineth and tenth article article, 17th, 24th, by the quality and technology supervision departments shall be ordered to correct, and a fine of less than 500 Yuan more than 1000 Yuan.

    ” Seven, the 44th article is revised as follows: "Metrology and calibration for breaches of provisions of the second paragraph of this article 15th fourth, by the quality and technology supervision departments shall be ordered to correct, and to a fine of up to 5000 Yuan and 30,000 yuan.

    ”

Article by deleting the 36th, the fourth of eight items, the 36th article article, 37th, 43rd, 45th, 46th.

In addition, the text of the relevant provisions and the order modified accordingly and adjust. This decision shall take effect on February 1, 2014.

    According to this decision of the measures for the metrological supervision and administration of Ningbo city make the corresponding changes and republish.

Annex: Ningbo metrological supervision management (October 27, 2009 Ningbo Municipal People's Government, the 168th publishing, December 6, 2013, Ningbo city, the Ningbo Municipal People's Government on modification of metrological supervision and decision making corresponding changes to administrative measures promulgated anew.

    )

    Chapter I General provisions

    First to strengthen the management of metrological supervision, safeguard national unity and value of units of measurement is accurate and reliable, standardized measurement activities, maintaining the market economic order, and protect the legitimate rights and interests of consumers and producers, in accordance with the People's Republic of China metrology Act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to measuring activities in the administrative area of the city and its supervision and management.

    Article engaged in activity should follow the scientific principles of fairness, honesty and trustworthiness, guarantees accurate and reliable measurement instruments, ensuring the real and effective measurement data.

The fourth city of quality and technical supervision departments exercise unified supervision and management measure in the city.

Counties (cities) areas of quality and technical supervision departments supervise and manage the measurement work within their respective administrative areas.

    Economy, public security, transportation, housing, urban management, trade, health, population, family planning, environmental protection, safety and other relevant administrative departments for industry and commerce shall, in accordance with their respective responsibilities, to do measurement work management and supervision.

    Fifth of municipal and County (City) district people's Government measures should be incorporated into the national economic and social development plans, encourage and support research in measurement science and technology, and promotion of advanced metering technology and management practices. Sixth the State applies a legal unit of measurement systems.

    Engaged in the production of official documents, newspapers, publications, books, radio, television, public activities such as logo and product logo should use the State legal measurement units. Article seventh progressive introduction of mandatory testing, supervision and inspection of measuring instruments service outsourcing.

    Comply with the laws and regulations of metrological verification body condition of scientific research institutions, universities and others to undertake compulsory examination or supervision and inspection responsibilities of intermediaries, quality and technology supervision departments can enter into compulsory examination or inspection service outsourcing contracts, clear rights of responsibility, undertake compulsory examination or supervision and inspection work.

    Chapter II metrological verification and calibration and measuring instruments management

Eighth of quality and technical supervision departments as requested by the economic and social development, and value transfer, traceability and metrological supervision and administration needs, unified planning and organizing social common measurement standard established as a common value basis.

    Metric calibration organizations, providing calibration services to social activities of institutions (hereinafter referred to as calibration organizations) should be establishing a corresponding standard, its measurement standards must be provided for by the State examination.

The Nineth social common measurement standard, used in metrology institutes, calibration of measurement standards, enterprises or institutions using highest standards compulsory certification. For trade settlement in the city, safety, health, environmental monitoring and administrative law enforcement, forensic, and included in the list of compulsory certification of measuring instruments, the progressive introduction of free compulsory examination, be guaranteed by financial requirements.

Working measuring instrument of mandatory verification directory and free range working measuring instrument of mandatory verification, in accordance with the relevant provisions of the State and province.

    Compulsory certification of measuring instruments, need to be put into use again after the repair shall be compulsory examination again. Tenth directly for trade settlement of residential water meters, power meter, gas meters, heat meters and other measuring instruments, should be made up of water, electricity, gas, heating and other operators to apply for compulsory certification for the first time. Residential water meter and meter, gas meter, heat meters and other measuring instruments calibration error for the first time should be less than or equal to zero.

Without verification or verification failed, and the average error is greater than zero, shall be installed.

    Expiry of the period of measuring instruments used in the preceding paragraph shall be composed of water, electricity, gas, heating, such as rotation of the operator is responsible for mandatory inspection of measuring instruments.

11th compulsory verification of measuring instruments shall be in accordance with national verification system tables, and perform the calibration procedure.

Units and individuals using the compulsory certification of measuring instruments shall be made to the legal metrological verification institution or authorized institutes to apply for compulsory certification of measuring instruments of measuring instruments.

Gage verification staff shall obtain the relevant qualification, certified, qualified and use standards of measurement, in accordance with the verification procedures and other relevant provisions, fair, objective, accurate measuring instruments compulsory examination may not be forged data. Metric calibration organizations upon receipt of the inspection of measuring instruments, shall, within 7 working days to complete verification; indeed require the extension of examination time, determined by the metrological institutions consultation and inspection units.

    On site calibration conditions, verification bodies shall, upon receiving the verification completed within 10 working days from the date of application for on-site verification.

12th for mandatory accreditation of other standards of measurement and measuring instruments, verification or calibration of units shall, on its own, or send verification or calibration of metrological verification and calibration of institutions.

    Gage verification or calibration shall be in accordance with the measuring instruments verification regulation or calibration specifications and contract requirements and verification certificate or certificate of calibration issued by the client.

13th calibration institution shall meet the following requirements:

(A) have legal personality, able to bear the legal responsibility;

(B) on items in the application have the appropriate skills and management capacities;

(C) its application projects of standards of measurement devices and equipment;

(D) its application projects carried out verification officers and management personnel;

(E) to assure a smooth application projects working environment and facilities;

(F) its application projects quality assurance system.

    Calibration of representatives of the bodies established within the administrative area of the city, offices or branches of non-independent legal entities such as organizations, can work with its calibration services-related promotional activities, but not directly carry out metrological calibration service activities.

14th calibration body needs in metrology and calibration service activities within the administrative area of the city, in front of the Metrology and calibration service activities carried out for the first time, the following materials to local quality and technical supervision Department.

(A) the business license or registration certificate in public institutions;

(B) examination of standards of measurement certificate;

(C) verification personnel roster and qualifications;

    (D) the quality assurance system documentation.

15th in metrology and calibration service activities should follow the principle of openness, fairness, and equal competition, no unit calibration market segmentation, blockade, the monopolies.

Calibration bodies shall not be any of the following acts:

(A) not calibrate calibration specification;

(B) beyond the scope of authorized metrology and calibration services;

(C) on the management of compulsory testing of measuring instruments metrology and calibration services;

(D) without the client's consent, without calibration calibration delegate all or part of the business to other institutions;

    (E) other prohibited conduct stipulated by laws, rules and regulations.

16th manufacture, repair and sales of measuring instruments and measuring instruments for use in production and business activities, shall comply with the requirements of the relevant laws, rules and regulations, and shall not be any of the following acts:

(A) install cheat cheating device or function and the use of measuring instruments;

(B) undermine the accuracy of measuring instruments;

(C) opened without authorization verification, destruction of the seal verification seal or destroy anti cheat devices;

(D) forged certificate of Gage verification or calibration certificate;

(E) use without verification and verification or more than verification period of measuring instruments;

    (Vi) other prohibited conduct stipulated by laws, rules and regulations.

    Chapter III service measurement management

    17th commodity value or service value as the basis for settlement of the operator should be in accordance with the regulations of the measuring instrument is equipped with standards and use according to law, and settled in legal unit of measurement as the basis.

Article 18th business goods or services shall ensure the accurate measurement of goods or services, its settlement measures should be consistent with the actual value, measurement error shall, within the limits prescribed by the national and provincial. Live trading, operators shall express unit of measurement, measurement procedures and shows the amount of the value of measuring instruments.

    Disagrees with the value consumers, managers should retry value measurement and display. 19th of quantitatively packed commodities should be prominent positions in packaging, in Chinese, the number and the legal units of measurement, clearly mark products NET contents.

NET content and marking shall conform to the relevant regulations of the State and province.

    Operators shall not sell does not indicate the net content of prepackaged goods. 20th operators of non-quantitatively-packed commodities packaging may not be accounted for in the net contents.

    Disagrees with the measurement of the volume of consumer commodities, operators shall operate measuring process again, and a new display value transaction.

    21st enterprises and institutions for the exchange of means of production, may stipulate a measure clearing the way, may also appoint measurement the measurement of social justice organizations.

22nd commodity trading market, markets, shopping mall (supermarket) organizers should be marked locations are accessible to the public in calibration of measuring instruments, and the quality and technical supervision departments to apply for compulsory examination.

    Commodity trading markets, markets, shopping mall (supermarket) sponsors shall strengthen the management of the measuring instruments used in the field, and in accordance with the regulations of the State register, quality and technical supervision departments to apply for compulsory examination.

    23rd operators such as water, electricity, gas, heating, display measuring instruments should be used according to the end user as a settlement on the basis of a measure shall not be passed on outside energy losses and losses of pipelines or other facilities. Article 24th on the acquisition of agricultural and sideline products and means of agricultural production in the selling process should be proper use of the conformity of measuring instruments.

    Farmers ' cooperatives, the family farm or farmer disagrees with the results of measurement, operators shall operate measuring process again, and a new display value transaction.

25th real estate transactions you must label the actual floor space, and in accordance with national and provincial regulations about the area measurement.

    Engaged in the real estate area of surveying and mapping unit shall have corresponding qualifications, equipped with the corresponding measuring instruments, in accordance with the regulations to register, and to the quality and technical supervision departments to apply for compulsory examination. Article 26th in business activities, shortages of goods, services, and shall make up the deficiency or compensate for the losses to the user, the consumer. After the operators make up for a deficiency or compensate for the losses, which belongs to the responsibility of producers, suppliers, operators have the right to recourse.

    Operators in the business activities and measuring fraud, should be in accordance with the relevant provisions of laws and regulations on fraud compensation, compensation according to law.

    Fourth chapter energy measurement management

    27th-using units shall in accordance with the laws, regulations and standard equipped with measuring instruments of energy in, meet the energy classification, grading and measurement requirements.

    28th-using units shall improve the management of the measuring instruments of energy, establishment of the measuring instruments of energy files, verification and calibration on a regular basis in accordance with regulations.

29th using units shall use the measuring instruments of energy in energy consumption measurement, establishment of energy measurement data verification system energy measurement data should be traceable to efficient energy measurement devices.

    Encourages the using units give priority to energy saving, high efficiency, automatically records data of the measuring instruments of energy.

    30th energy-using units shall improve the energy measurement data analysis and applications, according to the need for periodic calculation of the unit's energy efficiency, phasing out high energy-consuming equipment, improve the efficiency of energy use.

    31st key energy-using units shall establish energy measurement positions, energy measurement personnel should receive power measurement expertise training and local quality and technical supervision Department.

    Article 32nd water, electricity, gas, heating and other energy production and business operation entities shall strengthen the management of energy measurement apparatus for trade settlement, must not use without compulsory certification or verification of measuring instruments.

    The fifth chapter of metrological supervision management

33rd of quality and technical supervision departments should establish a sound metrological supervision and administration system, with emphasis on the national economy and people's production, life and health is closely related to health, water, electricity, gas, telecommunications, real estate and other goods and services of metrological supervision.

    In business activities, for the goods or services when there is a dispute, the Parties apply for mediation or arbitration of verification and testing of measurement, quality and technology supervision departments shall accept, and handled promptly and impartially.

    34th of quality and technical supervision departments will be expected to assume control of compulsory certification of institutions and other organizations strengthen supervision, verification, calibration, verification and calibration activities that can be measured on a regular basis than a peer supervision and inspection. 35th of quality and technical supervision departments to supervise and check the calibration and inspection at no charge, and should purchase collected samples.

    Sampling and testing requirements for sample costs into the budget at the same level.

36th quality technology supervision departments while investigating suspected of violating these rules, may exercise the following powers:

(A) the place of suspected violation of these measures on the parties to conduct inspections;

(Ii) to, the main person in charge of the legal representative of the parties and other interested persons, understand the circumstances regarding the suspected violation of these measures;

    (C) consult and copy relevant contracts, account books, bills, and other relevant information.

    37th of quality and technical supervision departments and their staff shall, in accordance with the statutory procedure shall not disclose being supervised and examined the technological know-how and business secrets of the units or individuals shall not be submitted to the party has nothing to do with supervision and inspection requirements. 38th of quality and technical supervision departments should timely to similar economic, public safety, transportation, housing, urban management, trade, health, population, family planning, environmental protection, trade and industry, safety supervision and administration departments of metrological supervision and administration information.

    Responsibilities should be based on the relevant administrative departments to strengthen management and guidance.

    39th of quality and technical supervision departments should periodically metrological supervision and administration of related information to the public, accessible to the public queries. 40th of quality and technical supervision departments should be open to the public reports, complaints admissible.

    To fall within the duties of the Department reports, complaints, shall, upon receiving the reports, complaints made within 10 working days from the date of decision and to respond to the parties (verification, testing time); not part of the mandate of the Department, shall, within 3 working days to transfer power to handle departments, units for processing, and shall inform the parties.

    The sixth chapter legal liability

    41st article violates these rules, People's Republic of China metrology Act and other related laws and regulations have been provided, in accordance with its provisions.

    42nd disobey the Nineth and tenth article article, 17th, 24th, by the quality and technology supervision departments shall be ordered to correct, and a fine of less than 500 Yuan more than 1000 Yuan.

    Metric calibration organizations article 43rd disobey the 15th article paragraph (d) the provision, by the quality and technology supervision departments shall be ordered to correct, and to a fine of up to 5000 Yuan and 30,000 yuan.

44th article violates this way 19th article, production and sale of net content of prepackaged commodity marked failed and rectification by the quality and technology supervision departments; fails, between 5000 and 1000 Yuan Yuan fine.

    Production and sales of net content of prepackaged commodity not qualified, by the quality and technology supervision departments shall be ordered to correct, and to a fine of up to 5000 Yuan and 20,000 yuan.

    Article 45th disobey the 25th article, without compulsory certification of units engaged in the real estate area surveying disqualified, or measuring instruments verification cycle, by the quality and technology supervision departments shall be ordered to correct, and a fine of less than 500 Yuan more than 1000 Yuan. Article 46th verification period of compulsory certification mandates of bodies without undue delay, by the quality and technical supervision Department ordered corrective action and verification fee and waive the; refuses, suspended compulsory verification work.

    Causing loss of client units, shall give compensation.

    47th article of quality and technical supervision departments and their staff in violation of the regulations, favoritism, abuse their powers, neglect their duties in the metrological supervision and administration, by a higher authority or other authority shall order rectification, and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

48th article of the way of the terms used as follows:

(A) the activity is the use of units of measurement, establishment of measurement standards, metrological verification and calibration, measurement, energy measurement in services, manufacturing, repair, sale and use of the activity of the measuring instruments.

(B) calibration, is under the specified conditions, to determine the value indicated by the measuring instrument, measuring system or a material measure, reference standards representing the value and the corresponding value measurement standard reiteration of the relationship between a set of actions.

    (C) service measurement, refers to goods and service providers using measurement units of measurement, measuring instruments for goods or services. 49th article of the rules implemented on January 1, 2010.