中华人民共和国产品质量法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRODUCT QUALITY

（Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22， 1993， promulgated by Order No. 71 of the President of the People's Republic of China on February 22， 1993， and effective as of September 1， 1993）
时效性：已被修正　 颁布日期：19930222 　实施日期：19930901 　失效日期：20000901 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Supervision and Control over Product Quality

　　Chapter III Liability and Obligation of Producers and Sellers Concerning Product Quality

　　Section 1 Liability and Obligation of Producers Concerning Product Quality

　　Section 2 Liability and Obligation of Sellers Concerning Product Quality

　　Chapter IV Compensation for Damage

　　Chapter V Penalty Provisions

　　Chapter VI Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted to strengthen the supervision and control over product quality， to define the liability for product quality， to protect the legitimate rights and interests of users and consumers and to safeguard the socio-economic order.

　　Article 2 Anyone who conducts activities of production and sale of any product within the territory of the People's Republic of China must abide by this Law.

　　“Product” referred to in this Law means a product which is processed or manufactured for the purpose of sale.

　　This Law shall not apply to construction projects.

　　Article 3 Producers and sellers shall be liable for product quality in accordance with this Law.

　　Article 4 It is prohibited to forge or falsely use authentication marks， famous-and-excellent-product marks or other product quality marks； it is prohibited to forge the origin of a product， to forge or use the name and address of a factory of another producer； and it is prohibited to mix impurities or imitations into products that are produced or sold， or pass a fake product off as a genuine one， or pass a defective product off as a high-quality one.

　　Article 5 The State shall encourage the popularization of scientific methods in product quality control and the adoption of advanced science and technology. The State shall encourage enterprises to make their product quality meet and even surpass their respective trade standards， the national and international standards. Units and individuals that have made outstanding achievements in ensuring advanced product quality control and in raising product quality to the advanced international standards shall be awarded.

　　Article 6 The department in charge of supervision and control over product quality under the State Council shall be responsible for nation-wide supervision and control over product quality. The relevant departments under the State Council shall be responsible for supervision and control over product quality within the scope of their respective functions and responsibilities.

　　The administrative departments responsible for supervision over product quality in the local people's governments at or above the county level shall be in charge of supervision and control over product quality within their administrative regions. The relevant departments in the local people's governments at or above the county level shall be in charge of supervision and control over product quality within the scope of their respective functions and responsibilities.

　　Chapter II Supervision and Control over Product Quality

　　Article 7 The quality of a product shall be inspected and proved to be up to the standards. No sub-standard product shall be passed off as a product up to the standards.

　　Article 8 Industrial products constituting possible threats to the health or safety of human life and property must be in compliance with the national standards and trade standards safeguarding the health or the safety of human life and property；

In the absence of such national standards or trade standards， the product must meet the requirements for safeguarding the health or safety of human life and property.

　　Article 9 The State shall， in compliance with the international quality control standards in general use， practise a rule of authentication for enterprise quality An enterprise may on voluntary basis apply to the department in charge of supervision and control over product quality under the State Council or an authentication agency approved by a department authorized by the department in charge of supervision and control over product quality under the State Council for authentication of enterprise quality system. With respect to the enterprise which has passed the attestation， the authentication agency shall issue an authentication certificate of enterprise quality system.

　　The State shall practise a product quality attestation system by taking reference to the internationally advanced product standards and technical requirements. An enterprise may on voluntary basis apply to the department in charge of supervision and control over product quality under the State Council or to an authentication agency approved by a department authorized by the department in charge of supervision and control over product quality under the State Council for authentication of product quality. With respect to the enterprise which has passed the authentication， the attestation agency shall issue a product quality authentication certificate and permit it to use the product quality authentication marks on its products or the packages thereof.

　　Article 10 The State shall， with respect to product quality， enforce a supervision and inspection system with random checking as its main form. Products constituting possible threats to the health or safety of human life and property， important industrial products which have a bearing on the national economy and the people's livelihood， and products with quality problems as reported by users， consumers or relevant organizations shall be subjected to random checking. Such supervision and random checking shall be planned and organized by the department in charge of supervision and control over product quality under the State Council. The administrative departments responsible for supervision over product quality of the local people's governments at or above the county level may also organize supervision and random checking within their respective administrative regions. However， overlapping random checking shall be a voided. The results of random checking of product quality shall be made public. Where the law provides otherwise with respect to the supervision over and inspection of product quality， the provisions of such law shall apply.

　　Products may be inspected if the supervision and random checking of such products so require， but no fees shall be charged for such purposes from the enterprises concerned. Expenses thus incurred shall be disbursed in accordance with the relevant regulations of the State Council.

　　Article 11 Product testing and inspection institutions must have appropriate testing facilities and capabilities， and shall undertake the work of testing and inspection of product quality only after being appraised and endorsed by a department in charge of supervision and control over product quality under the people's government at or above the provincial level or an organization authorized by the department. Where the laws， administrative rules and regulations provide otherwise with respect to the institutions for testing and inspection of product quality， the provisions of such laws， rules and regulations shall apply.

　　Article 12 Users and consumers shall have the right to make inquiries to the producers and sellers about the quality of their products. Where a complaint is made to a department in charge of supervision and control over product quality or to an administrative departm

ent for industry and commerce or to any other department concerned， such department shall be responsible for handling the case.

　　Article 13 Social organizations responsible for the protection of the rights and interests of consumers may， with respect to matters concerning product quality as reported by consumers， suggest to the departments concerned that they handle the matters， and may give support to consumers in bringing a suit to a people's court with respect to the damage caused by quality problems of products.

　　Chapter III Liability and Obligation of Producers and Sellers Concerning Product Quality

　　Section 1 Liability and Obligation of Producers Concerning Product Quality

　　Article 14 Producers shall be liable for the quality of the products they produce.

　　The products shall meet the following quality requirements：

　　（1） being free from unreasonable dangers threatening the safety of human life and property， and conforming to the national standards or trade standards safeguarding the health or safety of human life and property where there are such standards；

　　（2） possessing the properties and functions that they ought to possess， except for those with directions stating their functional defects；

　　（3） conforming to the product standards marked on the products or the packages thereof， and to the state of quality indicated by way of product directions， samples， etc.

　　Article 15 All marks on the products or the packages thereof shall meet the following requirements：

　　（1） with certificate showing that the product has passed quality inspection；

　　（2） with name of the product， name and address of the factory that produced the product， all being marked in Chinese；

　　（3） with corresponding indications regard

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/