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Law No. 2 Of 28 March 1970 Relating To Insurance And Quality Control Of Products

Original Language Title:  LEGE nr. 2 din 28 martie 1970 privind asigurarea şi controlul calităţii produselor

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LEGE no. 2 2 of 28 March 1970 on product quality assurance and control
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 28 28 of 28 March 1970



For the purpose of lifting product quality, The Great National Assembly of the Socialist Republic of Romania adopts this law: + Article 1 The concern for the continuous lifting of the quality of the products represents-throughout, from the preparation of the production to the verification of the behavior of the product to the recipient-a basic task of all economic units, research institutes and design, ministries and other central and local bodies, according to their duties. A permanent task of all economic units and state bodies is the systematic study of the evolution of technical level and the quality of products worldwide and the establishment of appropriate measures for the manufacture of products at this level. + Article 2 The boards of industrial plants, plants and groups of plants and other economic organizations with central status, as well as steering committees in enterprises are responsible for the quality of products, works executed, the services provided and, according to their duties, are obliged: a) to take measures for the realization of new products and the modernization of those existing at technical and qualitative level in accordance with the progress of science and technique, with the requirements of internal and external beneficiaries, in the conditions of high economic efficiency; b) to put in series production only the products approved or accepted by the beneficiary and after having taken all the measures to prepare the manufacture, established the methods and provided the means necessary to carry out the technical quality control to them. For new products, offered for the first time on export or for those to which additional technical conditions are required compared to the internal norms in force, will be carried out in advance verification samples of the technical-functional parameters to ensure qualitative conditions agreed with the external partner. In the case of unique products of great complexity, to which no complete samples can be made in the manufacturing plant, it will be established with the beneficiaries how to verify these products, according to the norms developed by the tutelary ministries and the Inspectorate State General for Quality Control of Products; c) to develop and apply, through annual and prospective plans, special measures for the continuous improvement of the quality of raw materials and semi-finished products, finished products, investment-building works and services in their sphere of activity; d) to use in manufacturing only raw materials and materials that correspond to the quality conditions laid down in the normative technical documents and the other conditions established in the economic contracts; e) to classify and mark on quality classes those products to which sorting norms and differentiated prices have been established according to the legal norms; f) to visibly mark on the packaging the duration of use on products with the period of validity and the duration of limited use; g) to provide equipment for laboratories and production stations with measuring and control apparatus, laboratory equipment and with sample stands to determine with the necessary precision the physical, mechanical and chemical characteristics of the raw materials, materials, semi-finished products, as well as the mode of behavior in time of finished products, given that they are used in the beneficiary or under the conditions laid down in the normative technical documents or other agreed conditions; h) to improve the technical documentation including the control technology, to make proposals for the improvement of standards, to develop and improve the internal manufacturing rules, in accordance with technical progress and quality requirements; i) to continuously modernize the machinery and production facilities, as well as the methods and equipment of measure and control of the qualitative parameters of the products in all phases of execution, to organize the verification, maintenance and certification systematic-according to the law-their operation within the established precision limits; j) ensure the material conditions for the training of skilled workers and the average specialized personnel, take measures for the fair distribution of specialized technical frameworks, as well as for the promotion of the initiative of all employees in the direction of improving product quality and diversification of assortments; k) to organize the technical quality control starting with the reception of raw materials and materials, on manufacturing and final phases, according to the manufacturing technologies, to ensure that in the technical control compartment of the quality are framed workers, foremen and engineers with high professional training and experience in production; l) provide in economic contracts, as the case may be, conditions and terms of guarantee relating to quality, duration of use and conditions of preservation, packaging and storage of products, in accordance with the normative technical documents or according to agreement with beneficiaries; m) to deliver the products, according to the contractual provisions, accompanied by the quality attestation document and, as the case may be, by prescriptions regarding the handling, storage, storage, commissioning, operation and maintenance thereof; n) systematically follow the way of behavior with the internal and external beneficiaries of the delivered products and, taking into account their observations, take measures to improve the technical documentation, the execution mode and the control activity Quality technical. + Article 3 The leadership of the ministries, the other central bodies, as well as the executive committees of the county folk councils, the city of Bucharest and the municipal and city folk councils are responsible for achieving the superior quality of the products, of the executed works and, according to the competences established by the law, have the following duties on quality assurance: a) organize and control the activity of research and design of technological products and processes that are based on the achievements of the science of modern technique, so that to ensure products manufactured a qualitative level and an efficiency high economic, corresponding to beneficiaries ' requirements b) approve for products of special importance the technical-economic studies, the approval documents and the introduction into series manufacturing; c) creates conditions for raising the quality of products by profiling, specialization and concentration of production; d) provide the necessary means for the endowment of subordinate units with measuring and control devices, laboratory equipment, sample stands and promote the use of scientific methods of quality verification; for this purpose they will provide in the plans the annual state requirements for measuring and checking; e) organize, guide and verify the activity of quality technical control in subordinate units, aiming at checking the quality parameters provided in the technical documentation and promoting the use of scientific methods of control; f) ensure the development and improvement of standards with technical and economic parameters at the level of modern technology, establishing control methods in accordance with technical progress and quality requirements; g) elaborates and pursues, through the annual and prospective plans, the application of the programmes of measures for the continuous improvement of the quality of raw materials and semi-finished products, finished products and construction-assembly works; h) applies the sanctions provided by law against those who are guilty of the manufacture and putting into circulation of products with technical and qualitative parameters inferior to those established by contracts. Failure to perform the duties provided for in this Article shall, according to the law, attract material liability for damages caused. + Article 4 The concrete quality conditions of the products are stated in the economic contracts based on normative technical documents-standards, internal manufacturing norms, specifications, samples accepted by beneficiaries, as well as other requirements. agreed between parties. The prices of products, works and tariffs for services will be differentiated, in accordance with their quality. + Article 5 The boards of central-status units and business steering committees have a duty to periodically analyse the work done to ensure product quality in businesses, wards, workshops and places. work, to establish measures to improve the quality of the products. The steering committees shall report to the general meetings of the employees on how the quality indicators are met. In all phases of manufacture, we submit for debate measures in order to continuously raise the qualitative level of products. + Article 6 The directors and other leaders of economic units bear the responsibility for ensuring the material, technical and organizational conditions necessary to improve the quality of the products, reduce the rebuts, the volume of reshuffle operations and quality deficiencies; control the activity of the quality technical control compartment, the way in which the productive wards comply with the norms on quality and take measures on the line indicated by the control bodies. + Article 7 Failure to perform the duties provided for in Articles 2, 5 and 6 shall, according to the law, attract material liability for the damage caused For repeated negligence and misconduct, disciplinary sanctions will also be applied to those guilty, including the demotion or disciplinary undoing of employment contracts. + Article 8 Engineers, technicians, masters, leaders of the production process, as well as those in the conception compartments, have the duty to ensure the organizational and material conditions, to provide the necessary technical assistance for the realization of the products at a high quality level. They respond within their duties of compliance with the quality norms at each technological operation executed, at each individual product and are obliged to notify immediately the compartment of the quality technical control, the management of the unit on the quality defects that arise in the manufacturing process and on which they cannot act directly. The damage from reshuffles, rebuts and products whose quality does not fall within the rules established as a result of the non-fulfilment of these obligations is borne, according to the law, by the guilty. + Article 9 Workers have the duty of honor to execute high quality works and products, to actively participate in actions directed towards the continuous lifting of product quality, to create a wide mass opinion for the realization of good production quality, practicing the method of demanding self-control of the quality of products and works carried out at each workplace. They respond to the quality of the products made and bear, according to the law, the damage caused by non-compliance with the documentation, technological discipline, which causes rebuts, reshuffles or products whose quality does not fall within the established norms. + Article 10 The execution of the technical quality control by the control bodies does not absolve from direct liability the engineers, technicians and maisters, all those who organize and lead the manufacturing process, nor those who execute works and products of inadequate quality. + Article 11 The General State Inspectorate for Quality Control of Products, together with the ministries and other central bodies, the state policy in the field of quality and technical quality control of products, works and services, having the following main duties and responsibilities: a) organizes and executes the quality control of products intended for domestic consumption and export, aiming at strictly observing the qualitative technical conditions provided for in contracts, standards and other technical documentation; b) directs and controls the activity of the quality technical control compartments in the manufacturing units; promotes the use of modern control methods and initiates actions to raise the professional qualification of the technical controllers quality; c) study, together with the manufacturing economic organizations, the evolution of the quality of similar products made in other countries and propose to the ministries and other central bodies conducting research and the application of measures in order to improve qualitative technical characteristics of the products; d) prohibit the delivery of products that do not qualitatively correspond to the conditions laid down in the contracts, order the cessation of the manufacture of products that by their quality could harm the interests of the national economy, Council of Ministers; e) apply contravention sanctions for deviations from the rules on qualitative conditions of products, in accordance with the regulations in force; f) responds for improperly executed controls, failure to take on time, within the framework of its duties according to the law, the necessary measures to remedy the quality defects, the proper functioning of the technical control compartments quality from economic units. + Article 12 The quality technical control department in enterprises operates as a subordinate body, under the law, both the management of the unit and the General State Inspectorate for Quality Control of Products. + Article 13 The quality technical control body shall verify, according to the established rules, the quality of the raw materials and materials used in manufacturing, compliance in the production process of the technical documentation and manufacturing technology, on all the production phases, check and certify the quality of the products, participate in the approval of the products and the establishment of measures to improve their + Article 14 The quality technical control body in enterprises shall be responsible for the organisation of the quality control of the products, works or services on all stages of manufacture, shall ensure that their delivery is made in accordance with the technical documents normative and with the other quality conditions established by contracts. + Article 15 The technical quality control body in enterprises is subordinated to the laboratories that are organized for the purpose of checking the quality of the products. + Article 16 The appointment, the change in office, the sanctioning or undoing of the employment contract of the head of the enterprise product quality compartment shall be made by the steering committee with the agreement of the industrial plants, the the other units with the status of central or other higher hierarchical organs of the enterprise, as well as with the agreement of the State General Inspectorate for Quality Control of Products; the head of quality technical control is a member of the right the steering committee of the plant or board of the plant in who operate. + Article 17 The head of quality technical control notifies the management of the unit on quality deviations, makes proposals for the prevention and elimination of manufacturing deficiencies, is obliged to ask for the interruption of technological operation, its manufacture the delivery of products that contravene technical documentation, normative technical documents or contractual obligations with regard to quality. If the management of the unit does not take the necessary measures, the head of the quality technical control is obliged to notify the superior hierarchical body, including the head of the central body and the General State Inspectorate for Quality Control Products. + Article 18 In the exercise of its duties, the quality technical control body shall determine and mark the product or packaging, as provided for in Article 2, points e and f, as appropriate, the product quality class and the duration of use and shall be responsible for correct their framing; draw up the quality certificates that will be issued by the unit and which employ its liability, according to the law of economic contracts; check the documentation accompanying the finished products. + Article 19 The head of the quality technical control shall periodically submit to the management of the enterprise and the General State Inspectorate for the Quality Control of the Products a report on the quality of the products and the activity + Article 20 The research and design units will ensure, through the elaborated documentation, the promotion of the most modern technical solutions, with high economic efficiency and will specify the qualitative characteristics of the products that will result, these constituting mandatory indicators in the realization of the projected parameters. + Article 21 Researchers, designers and other specialists who participate in the elaboration and approval of technical documentation answer the technical solution, the design parameters and the quality of the product provided in the technical documentation developed until the realization prescribed performance. + Article 22 Producer units are prohibited from the delivery of products intended for domestic consumption that do not correspond to the qualitative provisions established by contracts or law It shall be prohibited to conduct manufacturing enterprises and foreign trade organizations to export goods with quality defects or characteristics that do not fall within the contractual provisions. Failure to comply with the obligations contained in this article entails the patrimonial liability of the supplying units, which are obliged to repair, according to the legal provisions, the damages caused, as well as the material liability of the to which the damage occurred. + Article 23 The beneficiaries have the duty to control, during the manufacture and on delivery, under the conditions set out in the contract, the way in which the obligations assumed by suppliers regarding the quality of the contracted products are fulfilled. + Article 24 The reception of complex installations and machinery will be carried out by the beneficiary on the main manufacturing phases and on delivery under the conditions established by the economic contract. The specialists of the design institutes are obliged to provide technical assistance when performing the tests and the final reception. + Article 25 The delivery by the manufacturing plants of machinery, aggregates, installations and other products of high technical complexity without quality reception on phases and on delivery by investment beneficiaries shall be prohibited. The General State Inspectorate for Quality Control of Products has the obligation to control how investment beneficiaries carry out the reception of machinery on phases and in the end, according to the clauses in the economic contract. + Article 26 The suppliers of machinery and complete installations are obliged to provide specialized technical assistance at the installation and their commissioning. + Article 27 Investment beneficiaries, construction-assembly and plant enterprises, as well as the State Construction Inspection, are required to control, under the construction site, whether suppliers have complied with the quality requirements set out in the contracts. and technical prescriptions to machinery, machinery, aggregates, installations and appliances arriving on site and to be fitted. It shall be prohibited to install or install those machinery, machinery, aggregates, installations and appliances that show faults. They will be returned to suppliers or, in agreement, measures will be established to remedy faults on the site. All the damage caused by these failures will be borne, according to the law, by those who caused them. + Article 28 Construction-assembly and installation enterprises, investment beneficiaries, design institutes and State Construction Inspection are obliged to make a rigorous control over the way the construction works are carried out, by assembly and installations, in compliance with all the prescriptions in the projects, in order to ensure the quality of construction-assembly works and installations, in such a way that to ensure the commissioning of the objectives at term and in good conditions, as well as the realization of parameters designed according to the approved plan. + Article 29 Transport units respond to compliance with the conditions provided by law or contract for the transport and handling of products and ensure the preservation of their qualitative characteristics, from takeover to teaching, following, according to the law, compensation for any damage to the quality of the products. + Article 30 The units that take over, keep and unwrap the products are responsible for ensuring the conditions for maintaining their integrity and quality, their correct handling and storage; the resulting damage as a result of a storage or handling improper is borne, according to the law, by the people who caused them + Article 31 The manufacturing and commercial units respond to domestic buyers for any manufacturing defects or any other hidden defects arising from products sold without warranty term and claimed within the legal term or products to which they are sold. provides a term of guarantee, claimed within this period, if the buyer has complied with the rules for the use and storage of purchased goods. Remediation or replacement of improper products claimed under the conditions of this article shall be made free of charge for the buyer, and expenses shall be recovered, according to the law, from the guilty. + Article 32 The importing units are obliged to contract the products only to the quality accepted by the beneficiary units and together with them they will follow that in the external contracts for the complex import machinery and installations on the reception of phases and finally on foreign suppliers. These units respond to the quality and technical-economic parameters of the complex imported machinery and installations. For all products that are imported, the provisions on quality registered in the external contracts will be communicated to the beneficiaries, on the basis of which they will make the reception. For damages caused by non-compliance with the obligations provided for in this Article, the importing units bear the compensation to the beneficiary enterprises, and the damage will be recovered, according to the law, from the guilty persons. + Article 33 It is prohibited to report as product-goods of products that were rejected during the reception by the body of quality technical control, by the General State Inspectorate for Quality Control of Products or by the beneficiary. + Article 34 The continuous lifting of production quality constitutes a matter of patriotic pride and the socialist consciousness of all working people, which is carried out through the active participation and broad mobilization of the creative initiatives of the masses in the production process of material goods. Each year the "Product Quality Month" will be organized, which will include actions for the wide spread of knowledge in the field of quality, will take stock of the achievements obtained in each enterprise on the line of raising the qualitative level of production, will be awarded distinctions to those who have highlighted themselves and have made special contribution to the mass movement to raise the quality of Romanian products at the level of the best achievements worldwide. + Article 35 For outstanding achievements regarding the quality of products, employees will be materially stimulated in accordance with the provisions of the payroll system. + Article 36 The lifting of the quality of the products is conditioned by the continuous improvement of the professional training of the staff, both those who carry out the products and those who control them. All specialists operating in the activity of quality technical control will be trained periodically in order to know the tools, equipment and control methods. In the manufacturing enterprises will be systematically organized short courses of qualification and improvement in the field of production quality and quality control of products. In the professional education, specialized high schools, in technical and economic institutes of higher education will introduce specialized courses on quality indicators of products, metrology and modern control techniques. + Article 37 The quality control bodies of the products shall respond, each according to their duties, for the execution of improper controls, the registration in the control documents of some characteristics, technical data or findings that do not reflect the reality, Non-compliance with the higher hierarchical bodies of infringements of the legal provisions found within its control, when applicable, for the unfounded prohibition of the delivery of certain products. + Article 38 The socialist organization that does not execute its contractual obligations regarding the quality of the products owes the other party compensation in order to repair the damage caused by its fault The compensation for the damage caused by the non-execution in kind of the contractual obligation concerns both the actual damage suffered and the unrealized benefit. + Article 39 The violation of the duties established in this law attracts, as the case may be, the disciplinary, administrative or criminal liability of those guilty of the enjoyment of the deed, the material liability-including in cases where by the present law it was not provided express. The criminal liability is committed under the conditions of Articles 248 or 249 of the Criminal Code, as the case may be, if the act does not constitute a + Article 40 The facts that constitute contraventions to the provisions of this law, as well as the corresponding sanctions shall be established by decision of the Council of Ministers. + Article 41 The provisions of this law shall also apply accordingly to the provision of services. The service units to the population respond to the quality of the executed works, being obliged to carry out free of charge the remediation of possible deficiencies. Remedial expenses will be recovered, according to the law, from those whose fault they were caused. For the work on which the guarantee period is granted, their duration is approved, if not established by law, by the central bodies to which the service providers are subordinated, and for the units in the local economy by the State for Economy and Local Government. + Article 42 The provisions of the present law shall also apply to cooperative organisations. + Article 43 This law shall enter into force within 3 months of publication. Within this period, the ministries and other central bodies will propose to the Council of Ministers the normative acts for the implementation of the regulations in force with the provisions of this law. ----------