中华人民共和国标准化法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE STANDARDIZATION LAW OF THE PEOPLES REPUBLI

hout the country， trade standards （including the making of sample standards） may be formulated. Items of trade standards to be formulated shall be determined by the relevant competent administrative departments under the State Council.

　　Article 14 In formulating trade standards， the relevant competent administrative departments under the State Council shall be responsible for drawing up plans， organizing drafting， examination and approval， numbering and promulgation and they should report to the administrative department in charge of standardization under the State Council for the record.

　　Trade standards shall be null and void automatically after the corresponding national standards have taken effect.

　　Article 15 Local standards may be formulated for the safety and sanitation requirements for industrial goods which need to be unified in the provinces， autonomous regions and municipalities directly under the Central Government， in the absence of national standards or trade standards for them. Items of local standards to be formulated shall be determined by the administrative departments for standardization of the people's governments in the provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 16 In formulating local standards， the administrative departments for standardization of the people's governments in the provinces， autonomous regions and municipalities directly under the Central Government shall be responsible for drawing up plans， organizing drafting， examination and approval， numbering and promulgation， and they should report to the administrative department in charge of standardization under the State Council and the relevant competent departments under the Council for the record. Where there are， in law， provisions different from those above for the formulation of local standards， those provisions in law shall prevail.

　　Local standards shall be null and void automatically after the corresponding national standards or trade standards go into effect.

　　Article 17 In the absence of national standards， trade standards and local standards for certain products，

the enterprises producing such products shall formulate their own standards as the basis for organizing production. Enterprise standards shall be formulated by the relevant enterprises themselves （procedures for formulating standards for agricultural enterprises shall be provided for separately）， and shall be filed for the record in accordance with the provisions of the people's governments in the provinces， autonomous regions and municipalities directly under the Central Government. Where there are already national standards， trade standards and local standards， enterprises should be encouraged to formulate enterprise standards which are stricter than the corresponding national， trade or local standards and apply them within their enterprises.

　　Article 18 National standards and trade standards are divided into compulsory standards and recommendatory standards.

　　The following standards belong in the compulsory category：

　　（1） standards for pharmaceuticals， food hygiene and veterinary medicine；

　　（2） safety and hygiene standards for products and the production， storage and transportation and utilization of products； standards for the safety of labour and hygiene standards and safety standards for transportation；

　　（3） quality， safety and sanitation standards for project construction and other standards for project construction that must be controlled by the State；

　　（4） standards for the discharge of pollutants concerning environmental protection and standards for environmental quality；

　　（5） important technical terms， symbols， codes and drafting methods in common use；

　　（6） standards for commonly used methods of experimentation and examination；

　　（7） standards for conversion and coordination；

　　（8） quality standards for the important products which need to be controlled by the State. The catalogue of the important products which need to be controlled by the State shall be fixed by the administrative department for standardization under the State Council in conjunction with the relevant competent administrative departments under the State Council.

　　Those standards which are not compulsory are recommendatory standards. The local standards for safety and hygiene requirements for industrial products formulated by the administrative departments in charge of standardization of the people's governments in the provinces， autonomous regions and municipalities directly under the Central Government are compulsory standards in their respective administrative regions.

　　Article 19 Trade associations， research institutions for science and technology， and academic organizations should be given a role to play in formulating standards. The departments responsible for formulating national， trade and local standards should set up standardization technical committees consisting of experts from users， production units， trade associations， research institutions for science and technology， academic organizations and the departments concerned， which shall be responsible for drafting standards and examining the technical aspects of the drafts. Where standardization technical committees have not been set up， the units charged with specific responsibility for standardization technology may take charge of drafting standards and examining the technical aspects of the drafts.

　　It is necessary to heed fully the opinions of the users and research institutions for science and technology in formulating enterprise standards.

　　Article 20 After standards go into effect， the departments which formulated the standards shall carry out timely reexaminations in light of the development of science and technology and the needs of economic construction. Normally， reexamination should be conducted every five years， at the longest.

　　Article 21 The procedures of coding and numbering for national， trade and local standards shall be provided for by the

administrative department in charge of standardization under the State Council.

　　The procedures of coding and numbering for enterprise standards shall be provided for by the administrative department in charge of standardization under the State Council in conjunction with the relevant competent administrative departments under the State Council.

　　Article 22 The procedures of publication and distribution of standards shall be stipulated by the departments which have formulated the standards.

　　Chapter IV Implementation and Supervision Concerning Standards

　　Article 23 Any units and individuals that are engaged in scientific research， production and operation must strictly implement compulsory standards. The products which do not measure up to compulsory standards may not be allowed to be produced， marketed or imported.

　　Article 24 Enterprises may go by the national， trade and local standards or enterprise standards in production. The codes， serial numbers and names of the standards should be marked on their products， or written in the technical manuals or on the packages.

　　Article 25 The technical requirements for export products shall be agreed upon by the two contracting parties.

　　When those export products which should be subject to compulsory standards of China are sold at domestic markets， they must meet the requirements of the relevant compulsory standards.

　　Article 26 Enterprises should meet standardization requirements in developing new products， improving products or carrying out technical innovations.

　　Article 27 The administrative department in charge of standardization under the State Council organizes or authorizes the relevant competent departments under the State Council to set up trade attestation agencies for carrying out product quality attestation.

　　Article 28 The administrative department in charge of standardization under the State Council shall be responsible for the supervision over the implementation of standards throughout the country. The relevant administrative departments under the State Council shall be responsible for the supervision over the implementation of the standards in their respective departments and trades.

　　The administration departments for standardization in the provinces， autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision over the implementation of the standards in their respective administrative areas. The relevant administrative authorities in the people's governments in the provinces， autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision over the implementation of the standards in their departments and trades in the respective administrative areas.

　　The administrative departments for standardization and the relevant administrative authorities in municipalities and counties shall be responsible for the supervision over the implementation of the standards in their respective administrative areas according to the duties assigned to them by the people's governments of the provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 29 The administrative departments in charge of standardization in the people's governments above county level may， according to their needs， set up examination agencies or authorize the examination agencies of other units to ensure products are up to the standards and undertake other tasks of supervision and examination concerning the implementation of standard

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