全国人民代表大会常务委员会关于修改《中华人民共和国产品质量法》的决定 附：修正本 Decision of the standing Committee of the National Peoples

roduction tools that are used directly for the manufacture and sale of such products.

　　"Administrative departments for industry and commerce at or above the county level may, within the scope of their functions and duties defined by the State Council, exercise the functions and powers mentioned in the preceding paragraph when investigating and handling suspected violations of this Law."

　　14. One article is added as Article 20: "Intermediary bodies for product quality inspection or authentication shall be established in accordance with law, and they may not be subordinate to or have any relationship of interest with any administrative department or other state organs."

　　15. One article is added as Article 21: "Institutions for product quality inspection or authentication shall, on the basis of relevant standards, be objective and impartial in issuing the result of inspection or authentication certificate.

　　"Institutions for product quality inspection or authentication shall, in accordance with the relevant regulations of the State, conduct follow-up inspection of the products bearing the authentication mark with approval;where products not conforming to the standards for authentication bear such mark, it shall demand rectification; if the circumstances are serious, the products shall be disqualified from using the mark."

　　16. Article 12 is changed as Article 22 and revised as follows: "Consumers shall have the right to make inquiries to the producers and sellers about the quality of their products. Where a complaint is made to a department for supervision over product quality, or to an administrative department for industry and commerce, or to any other department concerned, the department that receives the complaint shall be responsible for handling the case."

　　17. One article is added as Article 24: "The department for supervision over product quality under the State Council and the people's governments of provinces, autonomous regularly issue Quality Status Bulletin regarding the products which they have conducted random checking."

　　18. One ar

ticle is added as Article 25: "No departments for supervision over product quality, or other State organs, or institutions for product quality inspection may recommend any manufacturer's products to the public, or participate in business activities in the form of supervision to the public, or participate in business activities in the form of supervision over the manufacture of sale of products."

　　19. Article 15 is changed as Article 27, in which the first paragraph is revised as follows: "Marks on the products or on the packages thereof shall be authentic and meet the following requirements:

　　"(1) with certificate showing that the product has passed quality inspection;

　　"(2) with name of the product, name and address of the producer, all marked in Chinese;

　　"(3) with the necessary indications in Chinese regarding the specifications and grade of the product, the main ingredients and their quantities contained in the product, where such particulars are required to be indicated according to the characteristics and the instructions for use of the product; with the indications on the package of information necessary for consumers to know in advance, or providing consumers in advance with documents indicating such information;

　　"(4) with production date, safe-use period or data of expiry clearly indicated in easily spotted areas if the product is to be used within a time limit; and

　　"(5) with a warning mark or statement in Chinese for a product which, if improperly used, may cause damage to the product itself, or may endanger personal safety or safety of property."

　　20. Article 16 is change as Article 28 and revised as follows: "The packages of dangerous products, such as fragile, inflammable, explosive, poisonous, corrosive, radioactive products, of products that should be kept upright during storage and transportation, and of other products with special requirements shall meet the necessary requirements in respect of their quality and carry warning marks or statements in Chinese indicting directions for storage and transportation, as required by relevant State regulations."

　　21. Article 23 is changed as Article 35 and revised as: "No seller may sell products which are eliminated and the sale of which is stopped by State organs, or expired and deteriorated products."

　　22 Article 32 is changed as Article 44, in which the first paragraph is revised as follows: "Where physical injury is caused by defects in a product, the person liable shall compensate the victim for the expenses of medical treatment ,expenses of nursing care during treatment, and the decreased earnings due to the loss of his working time; where the victim is disabled, the person liable shall, in addition, pay for the self-care equipment, subsistence allowances, disability compensation to the victim, living expenses necessary for any other person(s) supported by the victim, etc.Where such defects cause death to the victim, the person liable shall also pay for the funeral expenses, compensation for death, and the living expenses necessary for any other person(s) supported by the deceased before his death, etc."

　　23. Article 35 is changed as Article 47 and revised as follows: "Where a civil dispute over product quality arises, the parties may seek settlement through negotiation or mediation. If the parties are not willing to do so, or if negotiation or mediation fails, they may apply to an arbitration institution for arbitration, as agreed upon between the parties; if the parties fail to reach an agreement for arbitration or the agreement is invalid, they may bring a suit directly before a people's court."

　　24. Article 37 is changed as Article 49 and revised as follows: "Any producer or seller that produces or sells products not up to the relevant national or sectoral standards for ensuring human health, personal safety and safety of property shall be ordered to discontinu

e production or sale of such products, the products illegally produced or ready for sale shall be confiscated, he shall be fines a sum equal to the amount of but not more than three times the value of the products illegally produced or ready for sale (including those already sold and those not yet sold, the same hereinafter);the illegal gains, if any, shall also be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal responsibility shall be investigated according to law."

　　25. Article 38 is changed as Article 50 and revised as follows: "Where a producer or a seller mixes impurities or imitations into a product, or substitutes a fake product off as a genuine one, or a defective product for a quality one, or passes a substandard production or sale, the products illegally produced or for sale shall be confiscated, he shall be fined not less than 50 percent of but not more than three times the value of the products illegally manufactured or ready for sale; the unlawful earnings, if any, shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal responsibility shall be investigated in accordance wit off as an up-to-date one, he shall be ordered to discontinue production or sale, with law."

　　26. Article 39 is changed as Article 51 and revised as follows: "Any producer that produces products which are eliminated by State orders or any seller that sells products which are eliminated and the sale of which is stopped by State orders shall be ordered to discontinue production or sale of such products, the products illegally produced or for sale shall be confiscated, and a fine not more than the value of the products illegally produced or for sale shall be imposed; the illegal gains, if any, shall be confiscated; if the circumstances are serious, the business license shall be revoked."

　　27. Article 40 is changed as Article 52 and revised as follows: "Any seller that sells expired or deteriorated products shall be ordered to discontinue sale, the products for illegal sale shall be confiscated, and fine not more than twice the value of the products for illegal sale shall be imposed; the illegal gains ,if any, shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be investigated in accordance with law."

　　28. Article 41 is changed as Article 53 and revised as follows: "Anyone producer or seller that forges or fraudulently uses another producer's name and address, or forges or fraudulently uses authentication marks or other product quality marks shall be ordered to rectify, the products illegally produced or for sale shall be confiscated, a fine not more than the value of the products illegally produced or for sale shall be imposed; the illegal gains, if any, shall be confiscated; if the circumstances are serious; the business license shall be revoked."

　　29.Artice 43 is changed as Article 54 and revised as follows: "Where the marks of a product do not conform to the provisions of Article 27 of this Law, the producer or seller concerned shall be ordered to make rectification.Where the marks on a packed product do not conform to the provisions of sub-paragraphs (4)and (5)of Article 27 of this Law, if the circumstances are serious, the produced or seller concerned shall be ordered to discontinue production or sale of such products, and a fine not more than 30 percent of the value of the products illegally produced or for sale shall be imposed;the illegal gains, if any, shall be confiscated."

　　30. One article is added

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