中华人民共和国计量法 METROLOGY LAW OF THE PEOPLES REPUBLIC OF CHINA

their control.

　　Chapter IV Metrological Supervision

　　Article 19 The metrological administrative department of the people's governments at or above the county level may， according to their needs， appoint metrological supervisors. The measures for the administration of the metrological supervisors shall be formulated by the metrological administrative department of the State Council.

　　Article 20 The metrological administrative department of the people's governments at or above the county level may， according to their needs， set up metrological verification organs or authorize the metrological verification institutions of other establishments to carry out compulsory verification and other verification and testing tasks. The personnel carrying out the tasks of verification and testing mentioned in the preceding paragraph must be tested for their qualifications.

　　Article 21 Any dispute over the accuracy of measuring instruments shall be handled in accordance with the data provided after verification with the national primary standards of measurement or public standards of measurement.

　　Article 22 A product quality inspection agency which is to provide notarial data on the quality of products for society must be checked for its capability and reliability of metrological verification and testing by the metrological administrative department of a people's government at or above the provincial level.

　　Chapter V Legal Liability

　　Article 23 Whoever without a Licence for Manufactured Measuring Instruments or a Licence for Repairing Measuring Instruments manufactures or repairs measuring instruments shall be ordered to stop his production or business operations. His unlawful income shall be confiscated and a fine may concurrently be imposed.

　　Article 24 Whoever manufactures or sells a new type of measuring instrument which has not been checked and found to be qualified shall be ordered to stop the manufacture or sale of that new product. His unlawful income shall be confiscated and he may concurrently be punished by a fine.

　　Article 25 Whoev

er manufactures， repairs or sells unqualified measuring instruments shall have his unlawful income confiscated and a fine may concurrently be imposed.

　　Article 26 Whoever uses measuring instruments subject to compulsory verification without having filed an application for verification as required or continues to use measuring instruments which have been checked but found to be unqualified shall be ordered to stop the use and may concurrently be punished by a fine.

　　Article 27 Whoever uses unqualified measuring instruments or impairs the accuracy of measuring instruments， thus causing losses to the State and consumers， shall be ordered to make compensation for the losses and shall have his measuring instruments and unlawful income confiscated and may concurrently be punished by a fine.

　　Article 28 Whoever manufactures， sells or uses measuring instruments for the purpose of deceiving consumers shall have his measuring instruments and unlawful income confiscated and may concurrently be punished by a fine. If the circumstances are serious， the individual or the person in the unit who is directly responsible shall be investigated for his criminal responsibility according to the crimes of swindling or speculation.

　　Article 29 When any individual or unit， in violation of the provisions of this Law， manufactures， repairs or sells unqualified measuring instruments leading to people's injury or death or causing major property losses， the individual or the person in the unit who is directly responsible shall be investigated for his criminal responsibility by reference to the provisions of Article 187 of the Criminal Law.

　　Article 30 A metrological supervisor who transgresses the law and neglects his duty， where the circumstances are serious， shall be investigated for criminal responsibility pursuant to the relevant provisions of the Criminal Law. If the circumstances are minor， he shall be given an administrative sanction.

　　Article 31 The administrative sanction provided for in this Law shall be determined by the metrological administrative department of a people's government at or above the county level. The administrative sanction provided for in Article 27 of this Law may also be determined by the administrative departments for industry and commerce.

　　Article 32 A party who refuses to accept the decision of the administrative sanction may， within 15 days after receipt of the notification of the decision， file suit in a people's court. If within that time limit the party does not file suit or comply with the penalty of paying a fine and having his unlawful income confiscated， the administrative authorities which have made the decision of the administrative sanction may request the people's court for compulsory execution.

　　Chapter VI Supplementary Provisions

　　Article 33 Measures for the administration of and supervision over metrological work in the Chinese People's Liberation Army and in units under the jurisdiction of the Commission on Science， Technology and Industry for National Defence shall be formulated separately by the State Council and the Central Military Commission in accordance with this Law.

　　Article 34 The metrological administrative department of the State Council shall， in accordance with this Law， formulate rules for its implementation， which shall go into effect after being submitted to and approved by the State Council.

　　Article 35 This Law shall go into effect on July 1， 1986

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