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

measurement supervision.

　　Article 23 Every administrative department for industry and commerce of pedlars‘ market shall appoint a person of full-time or part-time to take charge of supervising and managing the market’s measurement， and deal with the illegal activities of measurement.

　　Article 24 The municipal administrative department for industry and commerce shall supervise and administer the measurement instruments used at temporary stalls， and deal with the illegal activities of measurement. The municipal， district competent department shall carry out supervision and selective inspection to the measurement instruments used at temporary stalls.

　　Article 25 The municipal competent department， jointly with relevant department， shall popularize the using of the measurement instrument with advanced technical characteristics， eliminate or ban the using of the measurement instrument with underdeveloped technical characteristics or producing unreliable measurement result.

　　Chapter Seven　Measurement Verification Agency and Measurement Authorization

　　Article 26 The measurement verification agency established by the municipal competent department is the legal agency for measurement verification， and has the following main functions and duties：

　　1. taking charge of establishing the social public standard instruments of measurement， and carrying out the delivering of measurement results；

　　2. carrying out the compulsory verification and other verification or test stipulated by law and regulations；

　　3. drafting technology instructions， and providing technology guarantee to measurement supervision；

　　4. undertaking relevant work of measurement or supervision， and accepting entrusted detection task.

　　The legal agencies for measurement verification established by district competent departments， shall comply with the principle of uniform planning， establish measurement standards and exercise their verification jobs with the approval of municipal competent department.

　　Article 27 The municipal competent department may， according to the n

eeds， authorize a measurement verification agency other than a legal one to carry out the compulsory verification or other job of verification or test in stipulated scope.

　　Article 28 The measurement verification agency， which undertakes the job of compulsory verification， shall finish verification within 10 working days upon receiving the job. The verification agency shall consult with its consumer when it needs to prolong the period under special circumstances.

　　Chapter Eight　Laboratory and Recognition of Measurement Service Agency （Measurement Authentication）

　　Article 29 The laboratory and measurement service agency， which provide notarization data for the society， shall be recognized their qualification by the municipal competent department according to the principle of reasonable layout， and acquire the Certificate of Qualification Recognition. The qualification recognition shall be carried out according to national stipulations and relevant international standard， and contain the following items：

　　1. performances of the test equipments of measurement verification；

　　2. environment conditions of the test equipments of measurement verification and people‘s operation skills；

　　3. measures to ensure the uniform and accuracy of measurement results， and managerial system to test the justice and reliability of data.

　　The laboratories， which must be recognized their qualification， include measurement test rooms and quality inspection institutions. The provisions of law or regulations shall prevail if they provide otherwise on quality inspection institutions.

　　Article 30 The municipal competent department shall publicize the name list of recognized laboratories and measurement service agencies.

　　The data， which is issued by a recognized laboratory or measurement service agency， may be the notarization data in providing trade certification， appraising outcome， evaluating product or project quality， measurement arbitration and law enforcement and supervision.

　　Chapter Nine　Measurement Supervision and Measurement Arbitration Verification

　　Article 31 The municipal competent department may establish measurement supervisor according to the needs. The measurement supervisor shall exercise his functions and duties according to law， carry out supervision and inspection to trading and commercial locations， equipments， tools and sites using valuating or computing instruments in specified areas， and impose penalty to the activity violating measurement law， regulations or administrative rules in his stipulated limits of authority according to law. The measurement supervisor shall present his legal certificate when enforcing the law. More than two measurement supervisors shall be on the spot when imposing penalty.

　　The part-time measurement supervisor， established inside an enterprise or public institution with the approval of municipal competent department， shall take charge of the supervision and inspection to measurement laws， regulations and administrative rules in his unit or in specified scope， and direct and push the development of measurement.

　　Article 32 The municipal， district competent departments shall take charge of mediating measurement disputes and arbitration verification. The parties of measurement dispute may settle down the dispute by consultation or mediation. In case that a party refuses to settle down the dispute by consultation or mediation， or the consultation or mediation fails to settle down the dispute， he may apply for arbitration according to the agreement between parties. The party may bring a lawsuit before people‘s court directly if there is no arbitration agreement between parties.

　　Article 33 No party may change the technology state of measurement instrument involved in the measurement dispute， or change the state of relevant goods during the period of consultation， mediation or case judg

ing.

　　Article 34 The basis of measurement mediation or arbitration is the notarization data issued by the recognized laboratory or measurement service agency.

　　Chapter Ten

　　Penalty Provisions

　　Article 35 Anyone， who sells the measurement instrument of non-legal measurement unit， the measurement instrument eliminated from market by the state public proclamation， unqualified measurement instrument， incomplete or inferior part or accessory of measurement instrument， shall be confiscated the measurement instrument， or the part or accessory of measurement instrument and his illegal gains， and be imposed a fine of 5 to 10 times the amount of illegal operation simultaneously. Anyone， who uses the measurement instrument of non-legal measurement unit in operation， shall be confiscated the measurement instrument， and be imposed a fine of 1，000 to 10，000 yuan simultaneously.

　　Anyone， who marks price with non-legal measurement unit， shall be ordered to make correction， and be imposed a fine of 1，000 to 5，000 yuan if he refuses to make correction.

　　Article 36 In case that the social public measurement standard， or the highest standard instrument of measurement established by an enterprise or public institution is used in verification without passing the examination hold by the municipal competent department， the user shall be ordered to stop using and be imposed a fine of 1，000 to 10，000 yuan simultaneously.

　　Article 37 As to the measurement instrument under compulsory verification， if the user does not apply for periodical verification， or continues using it exceeding the verification period， the user shall be ordered to stop using and be imposed a fine of 1，000 to 5，000 yuan simultaneously. Anyone， who continues using the measurement instrument failing to pass the verification， shall be ordered to stop using and be imposed a fine of 5，000 to 10，000 yuan simultaneously.

　　Article 38 In case that the using of unqualified or unverified measurement instrument results in　unqualified product or affects normal production， and causes property loss or personal injury， the relevant unit and person liable shall bear the civil responsibility to the victim according to law if the activity does not constitute a crime. Simultaneously， the person chiefly in charge and person directly liable shall be imposed a fine of 2，000 to 20，000 yuan respectively.

　　Article 39 Anyone， who destroys the accuracy of measurement instrument or the sealing mark of verification， shall be confiscated the measurement instrument， and be imposed a fine of 2，000 to 20，000 yuan simultaneously.

　　Article 40 In case that the commodity， which is measured on the spot， goes beyond the allowed error of measurement， and is sufficient for the consumer， the seller shall make up the shortage to the consumer， and be imposed a fine of 20 times the shortage price. In case that the commodity， which is packed with predetermined quantity， goes beyond the allowed error of measurement， and is sufficient for the consumer， the seller shall be imposed a fine of 2 times the product， which comes from the shortage price per unit multiplying the total amount of the batch of commodities， and shall be ordered to repack the commodity before sale. In case that the package has not been marked with the net quantity or capacity of the inside commodity， the seller shall be ordered to stop selling， repack the commodity and mark its net quantity or capacity.

　　Article 41 In case that a measurement verification agency fabricates verification data or conclusion， its administrative competent department shall impose administrative pe

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/