中华人民共和国标准化法 STANDARDIZATION LAW OF THE PEOPLES REPUBLIC OF CHINA

n administration under governments at or above the county level may， in accordance with needs， establish inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards. Where the laws and administrative rules and regulations provide otherwise on inspection organizations， such provisions shall apply.

　　Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the inspection organizations as specified in the preceding paragraph.

　　Chapter IV Legal Responsibility

　　Article 20 Whoever produces， sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such prescriptions， his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities for industry and commerce； where serious consequences are caused and crimes are constituted， the person directly responsible shall be investigated for criminal responsibility in accordance with the law.

　　Article 21 Where authentication marks are used on products leaving a factory for sale， for which authentication certificates have been issued but which do not conform to national or trade standards， the enterprise concerned shall be ordered by the department of standardization administration to stop the sale and shall be fined concurrently； where the circumstances are serious， the authentication certificates shall be revoked by the department that made the authentication.

　　Article 22 Whoever uses authentication marks， without authorization， on products leaving a factory for sale， which have not undergone authentication or have been found not up to the standards after the authentication proceedings， shall be ordered by the department of standardization administration to stop the sale and shall concurrently be fined.

　　Article 23 A party which refuses to accept the punishment o

f confiscation of its products and of its unlawful proceeds and a fine may， within 15 days of receiving the penalty notice， apply for reconsideration to the office immediately above the one that made the punishment decision； a party which refuses to obey the reconsideration decision may， within 15 days of receiving the reconsideration decision， bring a suit before a people's court. The party also may， within 15 days of receiving the penalty notice， directly bring a suit before a people's court. If a party neither applies for reconsideration nor brings a suit before a people's court within the prescribed time nor complies with the punishment decision， the office that made the punishment decision shall apply to a people's court for compulsory execution.

　　Article 24 Personnel responsible for the supervision， inspection and administration of standardization who violate the law or neglect their duties， or are engaged in malpractices for personal gains， shall be given disciplinary sanctions； where crimes are constituted， their criminal responsibility shall be investigated in accordance with the law.

　　Chapter V Supplementary Provisions

　　Article 25 Rules for the implementation of this Law shall be formulated by the State Council.

　　Article 26 This Law shall go into effect as of April 1， 1989

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