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

ing the specifications， grade of the product， the main ingredients and their quantities contained in the product， where such particulars are to be indicated according to the special nature and instructions for use of the product；

　　（4） with production date， safe-use period or date of invalidity if the product is to be used within a time limit；

　　（5） with warning marks or warning statements in Chinese for products which， if improperly used， may cause damage to the products peruse， or may endanger the safety of human life or property.

　　Food products without package and other non-packed products which are difficult to be marked because of their special nature may dispense with product marks.

　　Article 16 The packages of poisonous， dangerous or fragile products， or products that should be kept upright during storage and transportation， or other products with special requirements must meet the corresponding requirements and carry warning marks or warning statements in Chinese indicating directions for storage and transportation.

　　Article 17 No producer may produce any product that has been officially eliminated by the State.

　　Article 18 No producer may forge the origin of a product， nor forge or falsely use another producer's name and address.

　　Article 19 No producer may forge or falsely use another producer's authentication marks， famous-and-excellent-product marks or other product quality marks.

　　Article 20 In producing products， producers may not mix impurities or imitations into the products， nor substitute a fake product for a genuine one， a defective product for a high-quality one， nor pass a substandard product off as a good-quality one.

　　Section 2 Liability and Obligation of Sellers Concerning Product Quality

　　Article 21 A seller shall practise a check-for-acceptance system while replenishing his stock， and examine the quality certificates and other marks.

　　Article 22 A seller shall adopt measures to keep the products for sale in good quality.

　　Article 23 A seller may not sell invalid or deteriorated products.

　　Article 24 The marks of a seller's products shall conform to the provisions of Article 15 of this Law.

　　Article 25 A seller may not forge the origin of a product， nor forge or falsely use another producer's name and address.

　　Article 26 A seller may not forge or falsely use another producer's authentication marks， famous-and-excellent-product marks or other product quality marks.

　　Article 27 In selling products， sellers may not mix impurities or imitations into the products， nor substitute a fake product for a genuine one， a defective product for a high-quality one， nor pass a substandard product off as a good-quality one.

　　Chapter IV Compensation for Damage

　　Article 28 A seller shall be responsible for repair， or change of the product， or for refund of a product if the it is sold under any of the following circumstances， and， where the product has caused any loss on users or consumers， the seller shall compensate for such loss：

　　（1） not having the functions it ought to have， and no prior explanation thereabout being given by the seller；

　　（2） not conforming to the product standards marked on the product or its package；

　　（3） not conforming to the state of quality indicated by way of product directions or sample， etc.

　　After repair， change， refund or compensation has been made according to the provisions of the preceding paragraph， if the liability is attributed to the producer or to another seller who had supplied the product （hereinafter referred to as supplier）， the seller shall have the right to recover his losses from the producer or the supplier.

　　Where a seller fails to make repair， change， refund or compensation in accordance with the provisions in the first paragraph， the department in charge of supervision over product quality or the administrative department for industry and commerce shall order the seller to make rectification.

　　Where contracts for purchase and sale of products or for processing concluded between producers or sellers or between producers and sellers provide otherwise， the parties concerned shall act in accordance with the provisions of the contracts.

　　Article 29 A producer shall be liable for compensation if his defective product causes damage to human life or property other than the defective product itself （hereinafter referred to as another person's property）。

　　A producer shall not be liable for compensation if he can prove the existence of any of the following circumstances：

　　（1） The product has not been put in circulation；

　　（2） The defect causing the damage did not exist at the time when the product was put in circulation；

　　（3） The science and technology at the time the product was put in circulation was at a level incapable of detecting the defect.

　　Article 30 Where damage to human life or another person's property is due to a product's defect caused by the fault of a seller， the seller shall be liable for compensation.

　　Where the seller can identify neither the producer of the defective product nor the supplier thereof， the seller shall be liable for compensation.

　　Article 31 Where a defective product causes damage to human life or another person's property， the victim may claim compensation from the producer and may also claim compensation from the seller of such product. Where the liability falls on the producer， but the seller has made the compensation， the seller shall have the right to recover the loss from the producer. Where the liability falls on the seller， but the producer has made the compensation， the producer shall have the right to recover the loss from the seller.

　　Article 32 Where bodily injury is caused by a product due to its defect， the infringer shall compensate for the medical expenses of the infringed， the decreased earnings due to the loss of his working time as well as the subsistence allowa

nce if the infringed is disabled； where such defect causes death of the infringed， the infringer shall also pay the funernal expenses， the pension for the family of the deceased and the living expenses necessary for any other person（s） supported by the de cased before his death.

　　Where damage is caused to the property of the infringed is caused due to the defect of a product， the infringer shall restore the damaged property to its original state， or pay compensation at the market price. Where the infringed suffers any other serious losses， the infringer shall also compensate for such losses.

　　Article 33 The limitation period for bringing an action for damages arising from the defect of a product is two years， counting from the day when the party concerned knew or should have known the infringement of his rights and interests.

　　The right to claim for damages from defective products shall be forfeited upon completion of ten years from the day when the defective product causing the damage is delivered to the first user or consumer， except that the clearly stated safe-use period has not expired.

　　Article 34 “Defect” referred to in this Law means the unreasonable danger existing in a product which endangers the safety of human life or another person's property； where there are national or trade standards safeguarding the health or safety of human life and property， “defect” means inconformity to such standards.

　　Article 35 Where a civil dispute concerning product quality arises， the parties concerned may seek a settlement through negotiation or mediation. If the parties are unwilling to resort to negotiation or mediation， or negotiation or mediation provies to be unsuccessful， they may apply to an arbitration organization for arbitration as agreed upon between the parties； if the parties fail to reach an arbitration agreement， they may bring a suit before a people's court.

　　Article 36 The arbitration organization or the people's court may entrust an organization in charge of product quality inspection specified in Article 11 of this Law with product quality inspection.

　　Chapter V Penalty Provisions

　　Article 37 Where products produced do not comply with the relevant national or trade standards safeguarding the health or safety of human life and property， the producer shall be ordered to stop the production， the products and earnings illegally produced and made shall be confiscated. And， a fine from twice to five times the amount of the unlawful earnings shall be imposed concurrently， and the business licence may be revoked； if the act constitutes a crime， the offender shall be investigated for criminal responsibility according to law.

　　Where products sold do not comply with the relevant national or trade standards safeguarding the health or safety of human life and property， the seller shall be ordered to stop the sale. If a seller intentionally sells products not complying with the relevant national or trade standards safeguarding the health and safety of human life and property， the products for illegal sale and the unlawful earnings thus made shall be confiscated. And， a fine from twice to five times the unlawful earnings shall be imposed concurrently， and the business licence may be revoked； if the act constitutes a crime， the offender shall be investigated for criminal responsibility according to law，。

　　Article 38 Where a producer or a seller mixes impurities or imitations into a product， or passes a fake product off as a genuine one， or passes a defective product off as a high-quality one， or passes a substandard product off as a good-q

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