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

uality one， the producer or seller shall be ordered to stop production or sale， the unlawful earnings shall be confiscated. And， a fine from twice to five times his unlawful earnings shall be imposed concurrently， and the business licence maybe revoked； if the act constitutes a crime， the offender shall be

investigated for criminal responsibility according to law.

　　Article 39 Where a product which has been officially eliminated by the State is produced， 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 unlawful earnings shall be imposed concurrently， and the business licence may be revoked.

　　Article 40 Where invalid or deteriorated products are sold， the seller shall be ordered to stop the sale， the products for illegal sale and the unlawful earnings shall be confiscated. And， a fine from twice to five times the unlawful earnings shall be imposed concurrently， and the business licence may be revoled； if the act constitutes a crime， the offender shall be investigated for criminal responsibility according to law.

　　Article 41 Where a producer or a seller forges the origin of a product or falsely uses another producer's name and address， or forges or falsely uses authentication marks， famous-and-excellent-product marks or other product quality marks， the producer or seller shall be ordered to make public rectification， and the unlawful earnings shall be confiscated； a fine may be imposed concurrently.

　　Article 42 Where anyone sells or purchases products mentioned in Articles 37 to 40 of this Law by offering or accepting bribes or other unlawful means and if the act constitutes a crime， the offender shall be investigated for criminal responsibility according to law.

　　Article 43 Where the marks of a product do not comply with the provisions of Article 15 of this Law， the producer or seller concerned shall be ordered to make rectification； where the marks of the packed products do not comply with the provisions of item（4） or （5） of Article 15 of this Law and if the case is serious， the producer or seller concerned may be ordered to stop production or sale. And， a fine from 15% to 20% of the unlawful earnings may be imposed concurrently.

　　Article 44 Whoever forges inspection data or inspection conclusion of a product shall be ordered to make rectification， and a fine from twice to three times the inspection fee may be imposed. If the circumstance is serious， the business licence shall be revoked； where the act constitutes a crime， the person held directly responsible shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law.

　　Article 45 An administrative sanction in the form of revocation of business licence provided for in this Law shall be decided by the administrative department for industry and commerce， while other administrative sanctions shall be decided by the department responsible for supervision over product quality or the administrative department for industry and commerce according to the functions and powers prescribed by the State Council. Where the laws or administrative regulations provide otherwise as to the authorities exercising the power of administrative sanctions， the relevant provisions of such laws and administrative regulations shall apply.

　　Article 46 If a party is not satisfied with the decision on administrative sanction， it may， within 15 days of the receipt of the sanction notice， apply for reconsideration to the authorities at the next higher level to the authorities that have made the decision on sanction； the party may also bring a suit in a people's court directly within 15 days of the receipt of the sanction notice.

　　The authorities responsible for reconsideration shall make a reconsideration decision within 60 days of the receipt of the application for reconsideration. If a party concerned is not satisfied with the reconsideration decision， it may bring a suit in a people's court within 15 days of the receipt of such decision. If no decision has been made by the authorities responsible for reconsideration upon the expiry of the time

limit， the party concerned may bring an action in a people's court within 15 days of the expiry of the time limit for reconsideration.

　　If the party concerned does not apply for reconsideration， nor bring a suit in a people's court upon the expiry of the time limit， nor carry out the decision on sanction， the authorities that have made the decision on sanction may apply to the people's court for compulsory enforcement.

　　Article 47 Any State functionary engaged in the work of supervision and control over product quality， who abuses power， neglects duty， engages in malpractice for private benefit， shall be investigated for criminal responsibility if his act constitutes a crime； if his act does not constitute a crime， he shall be subjected to administrative sanction.

　　Article 48 Any State functionary who clearly knows that an enterprise， institution or individual has committed criminal actions in violation of this Law， and takes advantage of his position to protect the offenders intentionally from prosecution， shall be investigated for criminal responsibility according to law.

　　Article 49 Whoever obstructs， by means of violence or intimidation， State functionaries engaged in the work of supervision and control over product quality from carrying out their duties according to law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law； whoever refuses or impedes， without resorting to violence or intimidation， State functionaries engaged in the work of supervision and control over product quality to carry out their duties shall be punished by the public security organs in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.

　　Chapter VI Supplementary Provisions

　　Article 50 Measures for supervision and control over quality of military industrial products shall be formulated separately by the State Council and the Central Military Commission.

　　Article 51 This Law shall come into force as of September 1，1993

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