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深圳经济特区计量条例(第四次修正) Regulations of Shenzhen Special Economic Zone on Measurement

2009-03-24 法律英语 来源:互联网 作者:

(Adopted at the 20th meeting of the Standing Committee of the 1st Shenzhen People‘s Congress on December 24, 1993; as revised by the 14th meeting of the Standing Committee of the 2nd Shenzhen People’s Congress on April 9, 1997; the 19th meeting of the Standing Committee of the 2nd Shenzhen People‘s Congress on December 17, 1997; the 15th meeting of the Standing Committee of the 3rd Shenzhen People’s Congress on April 26, 2002; the 32nd meeting of the Standing Committee of the 3rd Shenzhen People‘s Congress on June 25, 2004)

颁布日期:20040625  实施日期:20040625  颁布单位:深圳市人大常委会

  Chapter One General Provisions

  Article 1 In order to strengthen the supervision and administration of measurement in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), ensure that the system of measurement units is uniform, ensure that the measurement result is accurate and reliable, maintain the order of socialist market economy, promote the developments of production, trade and scientific technology, these regulations are formulated according to relevant national laws and regulations, in combination with the actual circumstances of the special zone.

  Article 2 These regulations shall apply to the establishment of standard instruments of measurement, measurement verification, and the production, reparation, installment, sale and importation of measurement instruments in the special zone.

  Article 3 Enterprises, public institutions and self-employed individuals shall comply with relevant national laws and regulations on measurement, use measurement instruments and units according to the provisions, keep their operation activities correct, and may not damage consumers‘ legitimate rights and interests.

  Enterprises and public institutions shall attach importance to the improvement of measurement methods and the training of measurement persons, strengthen measurement management, and enhance the guarantee ability of measurement.

  Article 4 The Shenzhen people‘s governments at all levels shall give awards to the unit or individual, who gets great achievement in the implementation of laws, regulations and administrative regulations on measurement.

  Article 5 The Shenzhen municipal administrative department of technology supervision is the competent department of measurement supervision and administration (hereinafter referred to as the municipal competent department), shall take charge of organizing the implementation of relevant laws, regulations and administrative regulations on measurement, and drawing up managerial measures.

  All district administrative departments of technology supervision (hereinafter referred to as the district competent department) shall take charge of the measurement supervision and administration under the uniform administration of the municipal competent department.

  Relevant departments of the municipal and district people‘s governments shall assist competent departments to accomplish the measurement supervision and administration according to their respective functions and duties.

  Chapter Two Use of Measurement units

  Article 6 The measurement units of international unit system and other measurement units designated by the state are the state legal measurement units. It is forbidden to use non-state-legal measurement units except in a laboratory to meet work needs.

  Article 7 The legal measurement units shall be used when using measurement units on the commodities produced or sold in the special zone. The provisions of relevant national law or regulations shall prevail if they provide otherwise on imported commodity.

  Article 8 No unit or individual may produce, sell or import measurement instruments of non-legal measurement units until being approved by the administrative department of technology supervision of the State Council or the municipal comp

etent department.

  Chapter Three Establishment of Measurement Standard Instruments

  Article 9 The municipal competent department shall establish social public standard instruments of measurement as the criterion to unify the measurement result according to needs. The social public standard instruments of measurement shall pass the examinations according to the measures stipulated by the state.

  Article 10 Enterprises and public institutions may establish standard instruments of measurement for their own use. All kinds of the highest standard instruments of measurement may not be used until passing the examinations hold by the municipal competent department according to the measures stipulated by the state.

  Article 11 All standard instruments of measurement established by district competent departments may not be used until passing the examinations hold by the municipal competent department according to the measures stipulated by the state.

  Chapter Four Verification and Use of Measurement Instruments

  Article 12 The municipal competent department shall carry out compulsory verification to the social public standard instruments of measurement, the highest standard instruments of measurement established by district competent departments, enterprises or public institutions, and the working measurement instruments, which are used in trade settlement, safety protection, medical treatment and sanitation or environment monitoring, and listed in the catalog of compulsory verification.

  The municipal competent department shall work out a measurement instrument catalog of compulsory verification, which shall be administrated with great importance, and verification period.

  Any unit or individual, who uses the measurement instrument under compulsory verification, shall apply for periodical verification to the designated measurement verification agency.

  Article 13 Other standard instruments of measurement and working measurement instruments beyond the state compulsory verification, shall be verified by using units themselves or be delivered for verification to other measurement verification agency. The municipal, district competent departments shall carry out irregular selective inspection or verification.

  The using unit shall work out detailed catalog and verification period for itself to manage and carry out periodical verification, draw up specific managerial measures on verification and ensure its used measurement instruments, which are beyond the state compulsory verification, to be verified on schedule.

  Article 14 No unit or individual may use the measurement instrument, which has no qualification stamp or certificate of verification, or exceeds the verification period, in production or operation, or use unqualified measurement instrument.

  No unit or individual may destroy the accuracy of measurement instrument, practice fraud, fabricate data, fabricate or destroy the sealing mark of verification.

  Chapter Five Production, Reparation, Installation and Sale of Measurement Instruments

  Article 15 Any enterprise or public institution, which wants to engage in producing or repairing measurement instruments, may not start production or reparation business until it passes the examination hold by the municipal competent department, and gets the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments, excluding the business without license stipulated by the state.

  Article 16 Any imported measurement instrument, which is to be sold in the special zone, shall pass the verification hold by the administrative department of quality and technology supervision above the provincial level or the municipal competent department. The municipal competent department shall verify the measurement instrument according to the provisions of the Measurement Law of the People‘s Repu

blic of China and the Implementing Rules of the Measurement Law of the People’s Republic of China.

  Article 17 No unit or individual may sell the measurement instrument having been eliminated from market by state public proclamation, unqualified measurement instrument, incomplete or inferior part or accessory of measurement instrument.

  Chapter Six Administration on Commercial Trade Measurement

  Article 18 Any commodity, which is packed in predetermined quantity, shall be marked with the net weight or capacity of the inside commodity on its package, and may not be sold without the mark.

  Article 19 Anyone, who measures commodity on the spot, shall show consumer the measurement process and the value displayed on the measurement instrument. The value shall be displayed again if the consumer asks for.

  Article 20 The commodity for sale shall comply with the requirements of allowed error stipulated by the state. The seller shall be equipped with the measurement instrument, which is fit for his selling commodity and meets the requirements of allowed error.

  The municipal competent department may draw up specific requirements on allowed error according to national stipulations and in combination with the actual circumstances in the special zone.

  Article 21 Any shop, which sells lots of commodities under on-the-spot measurement or in the packages of predetermined quantity, shall appoint a special person to take charge of measurement, in order to guarantee the accuracy of measurement instrument and measurement.

  Article 22 The municipal competent department shall set up notarization measurement instruments in the market of productive resources or consumption goods, or at the location having a large amount of material measurements, and strengthen the

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