中华人民共和国计量法实施细则（二）

of illegal gains shall be confiscated and a fine of 3，000 yuan or less may be imposed simultaneously.

　　Article 49 If the measurement instruments which have not been examined and determined or those instruments which have been rejected in examination and determination are allowed to leave the factory， the units or individuals manufacturing or repairing such instruments shall be ordered to withhold the same. The total amount of their illegal gains shall be confiscated； in more serious cases， a fine of 3，000 yuan or less may be imposed simultaneously.

　　Article 50 Those who sell imported measurement instruments which have not passed the examination and determination by administrative departments for measurement of the people's governments above provincial level， shall be ordered to stop the sales and seal up the instruments for safekeeping. The total amount of their illegal gains shall be confiscated and a fine ranging from 10% to 50% of the total sales earnings may be imposed simultaneously.

　　Article 51 Those who have caused losses to the State or consumers by using substandard measurement instruments or tampering with measurement instruments and falsifying data shall be ordered to pay reparations for the losses. Their measurement instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously.

　　Article 52 Those who sell damaged and substandard spare parts and components of measurement instruments shall be ordered to stop their business. The instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously； in more serious cases， the business licence shall be revoked by administrative departments for industry and commerce.

　　Article 53 If any units or individuals manufacture， market or use certain measurement instruments for the purpose of cheating consumers， their instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously. If the deceit constitutes a crime， the persons direc

tly responsible shall be investigated for their criminal liabilities according to law.

　　Article 54 If any individual industrial and commercial businesses manufacture and repair measurement instruments other than those prescribed by the State or are engaged in business at unauthorized places， they shall be ordered to stop manufacturing and repairing. The total amount of their illegal gains shall be confiscated and a fine of 500 yuan or less may be imposed simultaneously.

　　Article 55 If any agencies for examination of product quality which have not obtained certificates of measurement attestation provide notarization data for the public， they shall be ordered to stop their operations and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 56 If any units or individuals forge， usurp or traffic in seals or certificates for compulsory examination and determination， the seals and certificates and the total amount of the illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously. If crimes are committed in the course， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 57 If the personnel in charge of measurement supervision and administration break the law， neglect their duties or engage in self-seeking misconduct， they shall be given administrative sanctions when the circumstances are not serious. If crimes are committed， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 58 If the units responsible for design appraisement and prototype instrument testing for new measurement products violate Paragraph 2， Article 20 of these Rules， they should pay for the losses sustained by the applicants and give administrative sanctions to the persons directly responsible in accordance with the relevant stipulations of the State. If crimes are committed， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 59 Any person in charge of measurement examination and determination who commits one of the following acts， shall be given administrative sanctions. If crimes are committed， he shall be investigated for criminal liabilities according to law.

　　（1） forging examination and determination data；

　　（2） causing losses to the party sending the instruments for examination as a result of the faulty data provided；

　　（3） violating the rules concerning measurement examination and determination in conducting the work；

　　（4） conducting examination and determination by using those standard measurement instruments which have not passed the relevant examinations；

　　（5） conducting measurement examination and determination without the required certificates.

　　Article 60 The administrative penalties stipulated in these Rules shall be meted out by administrative departments for measurement of the people's governments above county level. Penalties involving fines of more than 10，000 yuan should be submitted to the administrative departments for measurement of the people's governments above provincial level for decision. The confiscated illegal gains and fines must all be turned over to the state treasury.

　　The administrative penalties provided for in Article 51 of these Rules may also be decided by administrative departments for industry and commerce.

　　Chapter XI Supplementary Provisions

　　Article 61 The connotations of the following terms as used in these Rules are：

　　（1） “Measurement instrument” refers to a device， an instrument， a meter or a measuring tool which can be used to determine the measurement values of the measured objects directly or indirectly， as well as a standard matter used to unify measurement values， which can be a datum measurement instrument， a standard measurement instrument and a working measurement apparatus.

　　（2）

“Measurement examination and determination” refers to the work involved in evaluating the functions of the measurement instruments and determining if they are up to the standard.

　　（3） “Design appraisement” denotes the overall checking and examination of the functions of the prototype of a new measurement product.

　　（4） “Measurement attestation” denotes the examination and verification conducted by the government administrative departments for measurement of the capability and reliability of the relevant technical agencies in measurement examination and determination and testing.

　　（5） “Agency for measurement examination and determination” refers to a relevant technical agency which undertakes measurement examination and determination.

　　（6） “Arbitrative examination and determination” refers to the measurement examination and determination and testing conducted with datum measurement instruments or public standard measurement instruments for the purpose of adjudication.

　　Article 62 These Rules shall also apply to the supervision and administration exercised by the People's Liberation Army and national defence departments of science， technology and industry over the measurement work which deal with matters outside the military setup.

　　Article 63 The procedures and scopes of administration and the symbols of the various seals， certificates provided for in these Rules shall be formulated by the administrative department for measurement under the State Council.

　　Article 64 The right to interpret these Rules resides with the administrative department for measurement under the State Council.

　　Article 65 These Rules shall come into effect as of the date of promulgation

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