中华人民共和国计量法实施细则（二）

　　Article 30 The administrative departments for measurement of the people's governments above the county level may， in the light of actual needs， authorize the agencies of measurement examination and determination and technical agencies in the following ways to conduct compulsory examination and determination and other kinds of examination and determination and testing within the prescribed scope：

　　（1） authorizing professional or regional agencies for measurement examination and determination to act as legal agencies；

　　（2） authorizing the designation of public standard instruments；

　　（3） authorizing the agencies for measurement examination and determination of certain departments or units to conduct compulsory examination and determination of the relevant measurement instruments used therein；

　　（4） authorizing relevant technical agencies to undertake the other tasks of examination and determination and testing prescribed by law.

　　Article 31 Units which have been authorized in accordance with the provisions of Article 30 of these Rules should abide by the following stipulations：

　　（1） the personnel in charge of examination and determination and testing in the authorized units must pass the examinations supervised by the authorizing units；

　　（2） the corresponding measurement standards of the authorized units must be examined and determined according to the datum instruments or the public standard instruments；

　　（3） the authorized units must conduct the authorized work of examination and determination and testing under the supervision of the authorizing units；

　　（4） administrative departments for measurement of the people's governments above county level shall conduct mediation and arbitration when the authorized units become a party to a measurement dispute， which cannot be settled by the parties themselves through consultation.

　　Chapter VII Measurement Attestation of Agencies for Examination of Product Quality

　　Article 32 The agencies for examination of product quality which provide the society with notarization data must be attested by administrative departments for measurement of the people's governments above provincial level.

　　Article 33 Measurement attestation of agencies for examination of product quality covers the following aspects：

　　（1） examining and determining measurements and testing the function of equipment；

　　（2） examining and determination measurements and testing the environmental conditions for the functioning of the equipment and the personnel's operational skills；

　　（3） measures ensuring the uniformity of measurement values and accuracy， and systems ensuring the equity and reliability of the data for examination and determination of measurements.

　　Article 34 After receiving applications for attestation from agencies for examination of product quality， administrative departments for measurement of the people's governments above provincial level shall instruct the measurement examination agencies under their jurisdiction or the authorized technical agencies to arrange the examinations for the applicants in accordance with the provisions of Article 33 of these Rules. The administrative departments for measurement of the people's governments above provincial level shall issue certificates for measurement attestation to those applicants who have passed the examinations. Those who have not obtained the certificates shall not be allowed to conduct examination of product quality.

　　Article 35 Administrative departments for measurement of the people's governments above provincial level are empowered to conduct supervision and inspection over those agencies which have obtained certificates for measurement attestation according to the provisions of Article 33 of these Rules.

　　Article 36 Agencies for examination of product quality which have obtained a

certificate for measurement attestation should apply for separate confirmation of measurement attestation for new items， if they deem these additional examinations necessary， according to the relevant provisions of these Rules.

　　Chapter VIII Measurement Mediation and Arbitrative Examination and Determination

　　Article 37 Administrative departments for measurement of the people's governments above county level are responsible for mediation and arbitrative examination and determination for measurement disputes and may appoint relevant agencies for measurement examination and determination to conduct arbitrative examination and determination as entrusted by judicial organs， administrative organs for contracts， arbitration agencies dealing with cases involving foreign parties， or other organizations.

　　Article 38 No litigant shall change the technical status of the measurement instruments involved in the dispute in the course of the mediation， arbitration and hearing of the cases.

　　Article 39 If a party rejects the arbitrative examination and determination， it may appeal to the administrative departments for measurement of the people's governments at the next higher level within 15 days of receipt of the notice of the arbitrative examination and determination. The arbitrative examination and determination by the administrative departments for measurement of the next higher people's governments shall be final.

　　Chapter IX Fees

　　Article 40 Fees shall be paid for applications for examinations to designate standard measurement instruments， applications for examination and determination of measurement instruments to be used， applications for model approval and prototype instrument testing for manufacturing new measurement products， applications for the licence for manufacturing and repairing measurement instruments and applications for measurement attestation and arbitrative examination and determination. Actual procedures or rates of charges shall be worked out by the measurement administration under the State Council in conjunction with the financial and price control departments of the State.

　　Article 41 Fees shall not be charged for the examination and determination and testing conducted by administrative departments for measurement of the people's governments above county level in exercising supervision and inspection. The inspected units have the obligation to provide prototype instruments and facilities for examination and determination and testing.

　　Article 42 The funds needed by the agencies of measurement examination and determination under the jurisdiction of administrative departments for measurement of the people's governments above county level for providing technical guarantee for implementating measurement laws and regulations and exercising measurement supervision shall be entered in the budgets of people's governments at the various levels in accordance with the provisions in the State financial administration system.

　　Chapter X Legal Liability

　　Article 43 Those who violate Article 2 of these Rules by using non-legal measures shall be ordered to correct their mistakes. If violations have been contained in publications， orders shall be given to stop their circulations and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 44 Those who violate Article 14 of the Measurement Law of the People's Republic of China by manufacturing， marketing and importing measurement instruments of non-legal measures which have been declared abolished by the State Council and other measurement instruments which have been prohibited for use by the State Council， shall be ordered to cease these operations. Their measurement instruments and total amount of illegal gains shall be confiscated. And a pecuniary penalty ranging from 10% to 50% of their total illegal gains may be imposed simultaneously.

　　Article 45 If any depa

rtments， enterprises and institutions conduct measurement examination and determination with various standard measurement instruments of the highest class which have not passed the examination of the relevant administrative departments for measurement of the people's governments， they shall be ordered to stop using those instruments and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 46 If any units fail to apply for examination and determination for those measurement instruments which are subject to compulsory examinations and determination， or fail to conduct periodic examination and determination for other measurement instruments which are not subject to compulsory examination and determination， or send them to other agencies for periodic examination and determination or continue to use the instruments which have been rejected in examination and determination， they shall be ordered to stop using those instruments and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 47 If any units or individuals are engaged in manufacturing and repairing measurement instruments without Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments， they shall be ordered to stop their production and operation and to seal up for safekeeping the measurement instruments which have been manufactured and those which have been sent for repairing. The total amount of illegal gains shall be confiscated and a fine ranging from 10% to 50% of the illegal gains may be imposed simultaneously.

　　Article 48 Those who manufacture and market the new measurement products which have not passed model approval or prototype testing shall be ordered to stop manufacturing and marketing such products and seal them up for safekeeping. Their total amount

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