中华人民共和国产品质量认证管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA FOR THE ADMINISTRATION OF PRODUCT QUA

　　Chapter V Penalty Provisions

　　Article 18 Any act concerning certification which violates laws， administrative regulations or rules jointly formulated by the competent department of the standardization administration under the State Council and the relevant administrative departments under the State Council shall be subject to penalty in accordance with the provisions of laws， administrative regulations or rules.

　　Article 19 Should a certified product being delivered and marketed with the certification mark fails to meet the standards applied to when being certified， the competent department of the standardization administration shall order cessation of its sales and impose a fine not exceeding twice times the amount of the illegal gains.

　　Should a product either uncertified or failing to pass the certification be delivered and marketed with a certification mark， the competent department of the standardization administration shall order cessation of its sales and impose a fine not exceeding three times the amount of the illegal gains， and a fine not exceeding 5，000 yuan （RMB） may be imposed on the person in charge of the law-breaking unit.

　　A fine not exceeding three times the amount of the illegal gains shall be imposed by the competent department of the standardization administration for transfer of the certification mark， and a fine not exceeding 5，000 yuan （RMB） may be imposed on the person in charge of the lawbreaking unit.

　　Article 20 In either of the following cases， the certificate shall be revoked by the certification committee which conferred it：

　　（1） The quality of the certified product has deteriorated seriously， or the quality system of the producing enterprise is no longer up to the qualifications it had when being certified， which has caused losses and damages to users or consumers.

　　（2） The supervision and inspection conclude that the certified product does not conform to the standards， for which the producing enterprise is responsible.

　　Article 21 Should a certified product fails to meet the certification requirements but has been delivered and marketed， the

producing enterprise shall guarantee its repair， exchange and refund. The producing enterprise shall be liable for compensation according to law when the product has caused losses and damages to users or consumers.

　　Article 22 Anyone engaged in the certification management， testing and inspection who transgresses law， neglects his duties or practises favouritism and irregularities shall be subject to administrative sanctions by his employing unit. When a crime is constituted， the offender's criminal responsibilities shall be investigated by judicial authorities according to law.

　　Article 23 If a party disagrees with a pecuniary penalty， an application for reconsideration of the case may be lodged within 15 days on receipt of the notification of the penalty with the administrative authorities at the next higher level of the authorities which made the penalty decision. If a party still disagrees with the decision of reconsideration， a suit may be brought to the people's court within 15 days on receipt of the decision of reconsideration. A party may also bring a suit to the people's court directly within 15 days on receipt of the notification of the penalty. The authorities which made the penalty decision shall apply to the people's court for compulsory enforcement of the decision， in case a party fails both to apply for reconsideration or initiate legal proceedings with a people's court and to comply with the penalty decision within the specified period.

　　Chapter VI Supplementary Provisions

　　Article 24 Certification fees shall be charged and collected from enterprises applying for certification according to the non-profit-making principle. The specific measures for charging shall be laid down separately by the competent department of the standardization administration under the State Council together with the pricing authorities of the State Council.

　　Article 25 Commodity inspection bodies may carry out quality certification work on import and export commodities according to agreements signed between the national commodity inspection department and the relevant foreign bodies or on commission of the relevant foreign bodies.

　　Article 26 These Regulations do not apply to military products.

　　Article 27 The competent department of the standardization administration under the State Council shall be responsible for the interpretation of these Regulations.

　　Article 28 These Regulations shall come into force as of the date of promulgation

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/