[industry news] the State Administration of market supervision promulgated the I

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[industry news] the State Administration of market supervision promulgated the Interim Measures for the administration of product quality supervision and spot check


Order of the State Administration of market supervision
 
Number eighteenth
 
Interim Measures for the administration of product quality supervision and spot check have been deliberated and adopted by the 14th executive meeting of the State Administration of market supervision in 2019 on November 8, 2019, and are hereby promulgated and shall come into force as of January 1, 2020.
 
Director: Xiao Yaqing
 
November 21, 2019
 
  
 
 
 
Interim Measures for the administration of product quality supervision and spot check
 
(promulgated by order No. 18 of the State Administration of market supervision on November 21, 2019)
 
Chapter I General Provisions
 
Article 1 These measures are formulated in accordance with the law of the people's Republic of China on product quality and the law of the people's Republic of China on the protection of the rights and interests of consumers and other laws and administrative regulations in order to strengthen the supervision and management of product quality, standardize the supervision and random inspection of product quality, and protect the legitimate rights and interests of consumers.
 
 
 
Article 2 These measures are applicable to the supervision and spot check of products produced and sold within the administrative region by the market supervision and administration department.
 
Where laws, administrative regulations and departmental rules provide otherwise for the supervision and random inspection of product quality, such provisions shall prevail.
 
Article 3 the term "supervision and spot check" as mentioned in these Measures refers to the activities organized by the market supervision and administration department to sample, inspect and handle the products produced and sold within the territory of the people's Republic of China in accordance with the law in order to supervise the product quality.
 
Article 4 the supervision and spot check shall be divided into the state supervision and spot check organized by the State Administration of market supervision and the local supervision and spot check organized by the local market supervision and administration departments at or above the county level.
 
Article 5 the State Administration of market supervision is responsible for the overall management, guidance and coordination of the national supervision and spot check, organizing the implementation of the national supervision and spot check, and collecting and analyzing the information of the national supervision and spot check.
 
 
 
The provincial market supervision and administration department shall be responsible for the unified management of the local supervision and spot check in its own administrative region, organizing the implementation of the supervision and spot check at the same level, and collecting and analyzing the information of the supervision and spot check in its own administrative region.
 
 
 
The market supervision and administration departments at the municipal and county levels shall be responsible for organizing the implementation of the supervision and random inspection at the corresponding level, summarizing and analyzing the information of supervision and random inspection in their respective administrative regions, cooperating with the market supervision and administration departments at the higher level to carry out the sampling work in their respective administrative regions, and handling the results of supervision and random inspection.
 
 
 
Article 6 the expenses for the sampling, purchase, transportation, inspection, disposal and reexamination of the samples required for supervision and random inspection shall be included in the financial budget of the government at the same level in accordance with the relevant provisions of the state.
 
 
 
Article 7 producers and sellers shall cooperate with the supervision and random inspection, truthfully provide the materials and information needed for the supervision and random inspection, and shall not hinder or refuse the supervision and random inspection in any way.
 
 
 
Article 8 the same market supervision and administration department shall not, within six months, conduct supervision and random inspection twice or more for products of the same trademark and model (hereinafter referred to as the same product) produced by the same producer according to the same standard.
 
 
 
When sampling, if the producers and sellers can prove that the same product has been inspected by the superior market supervision and administration department within six months, the lower market supervision and administration department shall not conduct repeated inspection.
 
 
 
The provisions of the preceding two paragraphs shall not apply to the follow-up and random inspection of unqualified products found in the supervision and random inspection and the supervision and random inspection carried out in response to emergencies.
 
 
 
Article 9 the system of separation of spot check shall be implemented for supervision and spot check. Except for the on-site inspection, the sampling personnel shall not undertake the inspection work of the sampled products.
 
 
 
Article 10 the market supervision and administration department that organizes supervision and spot check shall publicize the results of supervision and spot check in accordance with the relevant provisions of laws and administrative regulations.
 
 
 
Without the consent of the market supervision and administration department that organizes supervision and random inspection, no unit or individual may disclose the results of supervision and random inspection without authorization.
 
Chapter II Organization of supervision and spot check
 
 
 
Article 11 The State Administration of market supervision and administration shall be responsible for formulating the annual plan for state supervision and spot check, and shall notify the provincial market supervision and administration department.
 
 
 
The local market supervision and administration departments at or above the county level shall be responsible for formulating the annual plan for supervision and random inspection at the corresponding level and submitting it to the market supervision and administration departments at the next higher level for the record.
 
 
 
Article 12 the market supervision and administration department that organizes supervision and random inspection shall, in accordance with the annual plan for supervision and random inspection at the corresponding level, formulate a plan for supervision and random inspection and detailed rules for the implementation of supervision and random inspection.
 
 
 
The plan for supervision and random inspection shall include the scope of products, division of work, schedule requirements, etc. The detailed rules for the implementation of supervision and random inspection shall include sampling methods, inspection items, inspection methods, judgment rules, etc.
 
 
 
The detailed rules for the implementation of supervision and random inspection shall be made public to the public before sampling.
 
 
 
Article 13 the market supervision and administration department that organizes the supervision and random inspection shall, in accordance with the relevant requirements of government procurement, determine the sampling organization and inspection organization responsible for the supervision and random inspection, and sign an entrustment agreement to clarify the rights, obligations, liabilities for breach of contract, etc.
 
 
 
Where laws and administrative regulations provide for the qualifications of sampling agencies and inspection agencies, agencies with legal qualifications shall be entrusted.
 
 
 
Article 14 sampling and inspection institutions shall carry out sampling and inspection work within the scope of entrustment, so as to ensure the objectivity, impartiality and authenticity of sampling and inspection work and its results.
 
 
 
Sampling agencies and inspection agencies shall not have the following behaviors:
 
(1) inform the sampled producers and sellers of the relevant contents of the supervision and random inspection plan in any way before sampling;
 
(2) subcontracting inspection tasks or approval of subcontracting inspection tasks by the market supervision and administration department without supervision and spot check;
 
(3) to issue a false inspection report;
 
(4) during the period of undertaking the relevant work of supervision and random inspection, sign a paid service agreement with the sampled producers and sellers for supervision and random inspection of similar products or accept the entrusted inspection of the same products by the sampled producers and sellers;
 
(5) making use of the results of supervision and random inspection to carry out product recommendation and evaluation, and Issuing the certificate of conformity and plaque of supervision and random inspection products;
 
(6) taking advantage of the convenience of undertaking the relevant work of supervision and random inspection to seek illegal or improper interests;
 
(7) collecting fees related to sampling, inspection, etc. from the sampled producers and sellers in violation of regulations.
 
 
 
Chapter III sampling
 
Section I site sampling
 
Article 15 the market supervision and administration department shall take samples by itself or entrust sampling agencies to do so, and randomly select the producers and sellers to be sampled according to the relevant regulations, and randomly assign sampling personnel.
 
 
 
Sampling personnel shall be familiar with relevant laws, administrative regulations, departmental rules and standards.
 
 
 
Article 16 the number of sampling personnel shall not be less than two, and the notice of supervision and random inspection issued by the market supervision and administration department organizing supervision and random inspection and the identity certificate of sampling personnel shall be presented to the producers and sellers to be sampled. When performing sampling tasks, the sampling agency shall also produce a copy of the power of attorney issued by the market supervision and administration department that organizes the supervision and random inspection.
 
 
 
The sampling personnel shall inform the sampled producers and sellers of the scope and method of sampling products.
 
 
 
Article 17 samples shall be randomly selected by the sampling personnel from the products to be sold by the sampled producers and sellers, and shall not be sampled by the sampled producers and sellers themselves.
 
 
 
If the sampling personnel find that the sampled producers and sellers are suspected of being in violation of the law without any certificate or license and without inspection, they shall terminate the sampling, immediately report to the market supervision and administration department that organizes the supervision and random inspection, and at the same time report to the market supervision and Administration department at the county level where the sampled producers and sellers are suspected of being in violation of the law.
 
 
 
Article 18 under any of the following circumstances, sampling personnel shall not take samples:
 
(1) the quantity of products to be sold does not meet the requirements of the detailed rules for the implementation of supervision and random inspection;
 
(2) where there is sufficient evidence that the products to be sampled are not used for sale, or are only used for export, and the quality of the products is otherwise stipulated in the export contract;
 
(3) the words "trial production", "treatment", "sample" and other words are marked on the product or its package.
 
 
 
Article 19 sampling personnel shall carry out sampling in accordance with the sampling methods specified in the detailed rules for the implementation of supervision and random inspection.
 
 
 
The sampling personnel shall use the prescribed sampling documents to record the sampling information, and shall keep the evidence by taking photos or videos of the sampling place, storage environment, identification of the products to be sampled, inventory quantity, sampling process, etc.
 
 
 
Sampling documents shall be signed by the sampling personnel, the producers and sellers to be sampled. If the producer or seller to be sampled refuses to sign, the sampling personnel shall indicate the situation on the sampling documents, and may invite relevant personnel as witnesses when necessary.
 
 
 
If the sampling document really needs to be corrected or supplemented, it shall be confirmed by the producer or seller to be sampled by signing or sealing at the place of correction or supplement.
 
 
 
Article 20 if sampling is not possible due to reasons such as the producer or seller being sampled changing production or shutting down business, the sampling personnel shall truthfully record and submit to the market supervision and administration department that organizes supervision and random inspection.
 
 
 
Article 21 if the sampled producers or sellers obstruct, refuse or do not cooperate with the sampling by means of obviously unreasonable sample prices, the sampling personnel shall record truthfully, immediately report to the market supervision and administration department that organizes the supervision and random inspection, and at the same time report to the market supervision and administration department at the county level in the place where the sampled producers or sellers are located.
 
 
 
Article 22 samples are divided into inspection samples and standby samples.
 
 
 
The sampling personnel shall purchase the inspection samples, except that the inspection is not conducted in the way of destructive test and will not have a substantial impact on the quality of the samples. The price for purchasing inspection samples shall be subject to the price of products manufactured and sold; if there is no price, the market price of similar products shall prevail.
 
 
 
The standby samples shall be provided by the sampled producers and sellers free of charge in advance.
 
 
 
If laws, administrative regulations or departmental rules provide otherwise for the method of sample acquisition, such provisions shall prevail.
 
 
 
Article 23 the sampling personnel shall take effective anti unpacking measures to seal the inspection samples and spare samples respectively, and shall sign for confirmation by the sampling personnel and the sampled producers and sellers.
 
 
 
Article 24 the samples shall be carried by the sampling personnel or sent to the inspection institution for inspection. For the samples with special requirements for transportation and storage, such as fragile products and dangerous chemicals, effective measures shall be taken to ensure that the transportation and storage process of the samples conform to the relevant provisions of the state, without any change affecting the inspection conclusion.
 
 
 
If the samples need to be stored in the place of the producers and sellers to be sampled first, they shall be sealed and marked. The producers and sellers to be sampled shall properly keep the sealed samples and shall not conceal, transfer, sell off or damage them.
 
 
Section 2 network sampling
 
 
 
Article 25 the market supervision and administration department may purchase samples in the name of consumers when sampling the products produced by the producers in the administrative region and the products sold by the e-commerce operators in the administrative region.
 
 
 
Article 26 When conducting online sampling, the market supervision and administration department shall record the sampling personnel, payment account, registered account number, receiving address, contact information, etc. The sampling personnel shall record the information of the sampled seller, the sample web page display information, as well as the order information, payment records, etc. by means of screenshots, photos or videos.
 
 
 
Article 27 samples purchased by sampling personnel shall include inspection samples and spare samples.
 
 
 
Article 28 after receiving the samples, the sampling personnel shall record the unpacking process by taking photos or video recording, check the delivery package, sample package, sample identification, sample delivery, seal the inspection samples and standby samples respectively, and carry or send the inspection samples and standby samples to the inspection agency for inspection.
 
 
 
The sampling personnel shall fill in the sampling documents according to the sample situation. After the sampling document is signed by the sampling personnel and stamped with the official seal of the sampling unit, it shall be sent to the sampled seller together with the notice of supervision and random inspection. If the sampling agency carries out the task of purchasing samples, it shall also send a copy of the power of attorney issued by the market supervision and administration department that organizes the supervision and random inspection.
 
Chapter IV Inspection
 
 
 
Article 29 after receiving the samples, the inspectors shall check whether the appearance, state, seal of the recorded samples are damaged or not and other situations that may affect the inspection conclusion by taking photos or video recording, and check whether the samples are consistent with the records of the sampling documents.
 
 
 
For the samples that are not standardized in sampling, the inspectors shall refuse to accept them and give reasons in writing, and report to the market supervision and administration department that organizes the supervision and random inspection at the same time.
 
 
 
For the inspection samples and spare samples sampled through the network, the corresponding marks shall be pasted respectively, and then they shall be stored according to the relevant requirements.
 
 
 
Article 30 Where the sampled products are subject to production license, compulsory product certification and other management, the inspectors shall verify whether the producers of the samples meet the corresponding requirements before inspection.
 
 
 
If the inspectors find that the producers of the samples are suspected of being in violation of the law without any certificate or license, they shall terminate the inspection, immediately report to the market supervision and administration department that organizes the supervision and random inspection, and at the same time report to the county-level market supervision and administration department where the producers of the samples are suspected of being in violation of the law.
 
 
 
Article 31 inspectors shall carry out inspection in accordance with the inspection items, inspection methods and judgment rules stipulated in the detailed rules for the implementation of supervision and random inspection.
 
 
 
If it is found during the inspection that the inspection cannot be carried out due to sample invalidation or other reasons, the inspectors shall record truthfully, provide relevant supporting materials and submit them to the market supervision and administration department that organizes supervision and random inspection.
 
 
 
Article 32 when an inspection institution issues an inspection report, it shall be true and complete in content, accurate in data and clear in conclusion, and shall sign and seal it in accordance with the relevant provisions.
 
 
 
Inspection institutions and inspectors shall be responsible for the inspection reports issued by them.
 
 
 
Article 33 The inspection institution shall, within the prescribed time, submit the inspection report and relevant materials to the market supervision and administration department that organizes supervision and spot check.
 
 
 
Article 34 If the inspection conclusion is qualified and the sample is provided free of charge, the market supervision and administration department that organizes supervision and spot check shall return the sample in time after the expiration of the application period for objection handling.
 
 
 
For other samples other than those specified in the preceding paragraph, the market supervision and administration department that organizes supervision and random inspection shall handle them in accordance with the relevant provisions after the expiration of the time limit for applying for handling objections.
 
Chapter V handling of objections
 
 
 
Article 35 the market supervision and administration department that organizes the supervision and random inspection shall inform the producers and sellers of the inspection conclusion in writing in a timely manner, and at the same time inform them of their rights according to law.
 
 
 
If the samples are taken at the seller's office, the market supervision and administration department that organizes supervision and spot check shall also inform the producers of the nominal samples in writing at the same time.
 
 
 
If the samples are purchased through network sampling, the operators of e-commerce platform and the producers of the nominal samples shall be informed in writing at the same time.
 
 
 
Article 36 If the sampled producers and sellers have any objection, they shall, within 15 days after receiving the written notification of the inspection conclusion, submit a written objection handling application to the market supervision and administration department that organizes the supervision and random inspection, and submit relevant materials.
 
 
 
Article 37 If the sampled producers and sellers have objections to the sampling process and the authenticity of the samples, the market supervision and administration department that receives the objection handling application shall organize objection handling and inform the applicant in writing of the handling conclusion.
 
 
 
If the sampled producers and sellers have any objection to the inspection conclusion and submit a written re inspection application and clarify the reasons, the market supervision and administration department that receives the objection handling application shall organize research. If the re inspection is required and the inspection conditions are met, the re inspection shall be organized.
 
 
 
The market supervision and administration department that organizes the reinspection shall pay the cost of standby samples to the producers and sellers to be sampled, except for those that do not conduct the inspection in the form of destructive tests and will not have a substantial impact on the quality of the samples.
 
 
 
Article 38 the applicant shall go through the re inspection formalities within seven days after receiving the notice of re inspection from the market supervision and administration department. If it fails to do so within the time limit, it shall be deemed to have waived the reinspection.
 
 
 
Article 39 the market supervision and administration department shall, within 10 days from the date when the applicant goes through the re inspection formalities, determine an inspection institution with corresponding qualifications to conduct the re inspection.
 
 
 
The reinspection agency and the initial inspection agency shall not be the same agency, except that only one inspection agency in the administrative region of the market supervision and administration department at or above the provincial level or in the jurisdiction of the province where the market supervision and administration department at or above the county level organizes the supervision and inspection has the corresponding qualification.
 
 
 
Article 40 If the producers or sellers who are sampled conceal, transfer, sell off or damage the spare samples, the reinspection shall be terminated and the final conclusion shall be the conclusion of the initial inspection.
 
 
 
Article 41 the reinspection organ shall check and record the appearance, state, seal damage and other situations that may affect the inspection conclusion of the standby sample by taking photos or video, and check whether the standby sample is consistent with the record of the sampling document.
 
 
 
Article 42 The re inspection institution shall, within the prescribed time, re inspect the inspection items related to objections in accordance with the inspection methods and judgment rules specified in the detailed rules for the implementation of supervision and random inspection, and timely submit the re inspection conclusion to the market supervision and administration department that organizes the re inspection, and the market supervision and administration department that organizes the re inspection shall inform the re inspection applicant in writing. The re inspection conclusion is the final conclusion.
 
 
 
Article 43 The applicant shall pay the reinspection fee to the reinspection institution in advance. If the re inspection conclusion is consistent with the initial inspection conclusion, the re inspection fee shall be borne by the applicant; if the re inspection conclusion is inconsistent with the initial inspection conclusion, the re inspection fee shall be borne by the market supervision and management department that organizes supervision and random inspection.
 
 
Chapter VI result processing
 
 
 
Article 44 the market supervision and administration department that organizes supervision and random inspection shall summarize, analyze and publicize the results of supervision and random inspection in accordance with the law, and report the situation of supervision and random inspection to the local people's government, the market supervision and administration department at the next higher level and the relevant departments at the same level.
 
 
 
If the market supervision and administration department that organizes local supervision and spot check finds that the unqualified products are produced by producers outside its administrative region, it shall timely notify the market supervision and administration department at the same level where the producers are located.
 
 
 
Article 45 the producers and sellers who are sampled shall immediately stop producing and selling the same product if the inspection result is unqualified.
 
 
 
Article 46 the market supervision and administration department responsible for handling the results shall order the sampled producers and sellers of unqualified products to make corrections within 60 days from the date of the order.
 
 
 
Article 47 the market supervision and administration department responsible for handling the results shall, within 75 days from the date of the accountability order, organize reexamination in accordance with the detailed rules for the implementation of supervision and random inspection.
 
 
 
If the sampled producers and sellers fail to pass the reexamination, the market supervision and administration department responsible for handling the results shall report to the provincial market supervision and administration department level by level, which shall make an announcement to the society.
 
 
 
Article 48 the market supervision and administration department in charge of handling the results shall organize reexamination of the sampled producers and sellers 60 days after the date of announcement. If they are still unqualified after reexamination, they shall be ordered to suspend business and rectify within a time limit in accordance with Article 17 of the product quality law of the people's Republic of China. If they are still unqualified after reexamination, their business license shall be revoked.
 
 
 
Article 49 the samples needed for reexamination shall be provided by the sampled producers and sellers free of charge.
 
 
 
In addition to the samples required for recheck, the sampled producers and sellers shall not resume the production and sale of the same product until the recheck is qualified by the market supervision and administration department responsible for the result processing.
 
 
 
Article 50 if any regional or industrial quality problem is found in the supervision and spot check, the market supervision and administration department may, together with other relevant departments and industry organizations, hold a quality analysis meeting to guide the relevant product producers and sellers to strengthen the quality management.
 
 
Chapter VII Legal Liability
 
 
 
Article 51 in case of any of the following circumstances, the sampled producers and sellers shall be dealt with by the market supervision and administration department at the county level in accordance with the relevant laws and administrative regulations; if there are no provisions in the laws and administrative regulations, a fine of not more than 30000 yuan shall be imposed; if it is suspected that a crime has been constituted and criminal responsibility needs to be investigated according to law, it shall be transferred to the public security organ in accordance with the relevant regulations:
 
(1) there are serious quality problems in the sampled products;
 
(2) obstructing, refusing or not cooperating with the supervision and random inspection conducted according to law;
 
(3) resuming the production and sale of the same product without the approval of the market supervision and administration department in charge of handling the results;
 
(4) concealing, transferring, selling off or damaging samples.
 
 
 
Article 52 Where sampling institutions, inspection institutions and their staff violate the provisions of Article 9 and paragraph 2 of Article 14 of these measures, the county-level market supervision and administration department shall handle the case in accordance with the relevant laws and administrative regulations; if there are no provisions in laws and administrative regulations, a fine of less than 30000 yuan shall be imposed; if a crime is suspected and criminal responsibility is required to be investigated according to law, the case shall be transferred in accordance with the relevant regulations Send to the public security organ.
 
 
 
Article 53 Where any staff member of the market supervision and administration department abuses his power, neglects his duty or engages in malpractice for personal gain, the person in charge who is directly responsible and other persons who are directly responsible shall be given administrative sanctions according to law.
 
Chapter VIII supplementary provisions
 
 
 
Article 54 the market supervision and administration department shall properly preserve the sampling documents and other relevant materials and evidences for a period of not less than two years.
 
 
 
Article 55 The term "day" in these Measures refers to the Gregorian calendar day. If the last day of the expiration of the period is a legal holiday, the first day after the legal holiday shall be the date of the expiration of the period.
 
 
 
Article 56 these Measures shall come into force as of January 1, 2020. Measures for the administration of product quality supervision and spot check promulgated by order No. 133 of the former General Administration of quality supervision, inspection and Quarantine of the people's Republic of China on December 29, 2010, measures for the spot check and inspection of commodity quality in the field of circulation promulgated by order No. 61 of the former General Administration of industry and Commerce of the people's Republic of China on February 14, 2014, and measures for the supervision and administration of commodity quality in the field of circulation promulgated by order No. 85 of the former General Administration of industry and Commerce of the people's Republic of China on March 17, 2016 The administrative measures shall be repealed at the same time.