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

as Article 55: "A seller who sells products prohibited for sale as specified in the provisions from Article 49 to Article 53 of this Law presents sufficient evidence to show that he is ignorant of the fact that sale of the products is prohibited and g

ives true information about the source of the products may be given lighter or mitigated punishment.

　　31.One article is added as Article 56: "Any producer or seller that refuses to undergo supervision and inspection over product quality conducted in accordance with law shall be given a disciplinary warning and be ordered to rectify; if he refuses to rectify, he shall be ordered to discontinue operation for overhaul; if the circumstances are especially serious, his business license shall be revoked."

　　32. Article 44 is changed as Article 57 and revised as follows: "Any product quality inspection or authentication body that forges an inspection result or issues an unauthentic certificate shall be ordered to rectify and be fined not less than 50,000 yuan but not more than 100,000 yuan, the persons who are directly in charge and the other persons who are directly responsable shall be fined not less than 10,000 yuan but not more than 50,000 yuan; the illegal gains, if any, shall be confiscated; if the shall be disqualified for the job; if the a crime is constituted, criminal responsibility shall be investigated in accordance with law.

　　"Any product quality inspection institution or authentication body that issues an untruthful inspection result or certificate and thus causes losses shall bear liability of compensation for the same amount of losses caused; if major losses are caused, the inspection institution or the authentication body shall be disqualified for the job.

　　"Where a product quality authentication body that, in violation of the provisions of the second paragraph of Article 21 of this Law, fails to demand, as required by law, rectification with respect to a product which is not up to the standards for authentication but on which the authentication mark is used, or disqualify the product from using the mark, if losses are caused to consumers due to the fact that the product is not up to standard, the said body shall bear joint and several liability with the producer and the seller; if the circumstances are serious, the authentication body shall be disqualified for the job."

　　33. One article is added as Article 58: "where a public organization or an intermediary agency undertakes to guarantee the quality of a product, if the product is not up to the quality standard as guaranteed and losses are caused to consumers, it shall bear joint and several liability with the producer and the seller of the product."

　　34.One article is added as Article 59: "Where false advertisements regarding product quality are published to cheat or mislead consumes, the advertiser shall be investigated for legal responsibility in accordance with the Advertisement Law of the People's Republic of China."

　　35. One article is added as Article 60:" The raw and supplementary material, packaging material and production tools specially used for the production of products as mentioned in Articles 49 and 51 of this Law or for the production of fake products shall be confiscated."

　　36. One article is added as Article 61:" Where a person who knows or should know that the manufacture or sale of a products is prohibited by this Law offers conveniences for the transportation, keeping and storage of such Product, or offers technologies for the manufacture of the products, all his earnings therefrom shall be confiscated, and he shall be fined not less than 50 percent of but not more than three times the unlawful earnings; if a crime is constituted, he shall be investigated for criminal responsibility."

　　37. One article is added as Article 62: "Any operator in the service industry who uses in services the products prohibited for sale, as mentioned in the provisions from Articles 49 to Article 52 of this Law, shall be ordered to discontinue their use; those who know or should know that sale of the products they use is prohibited by this Law shall be punished in accordance with the provi

sions of this Law for the punishment of the seller of such products and on the basis of the value of the illegally used products (including those all ready used and those not yet used)."

　　38. One article is added as Article 63: "Anyone who conceals, moves to other places, sells or destroy goods sealed up or seized by departments for supervision over product quality or administrative departments for industry and commerce shall be fined not less than the amount of but not more than three times the value of the said goods; the illegal gains, if any, shall be confiscated."

　　39. One article is added as Article 64:" If the property of a person who violates the provisions of this Law and who therefore shall bear the civil liability of compensation and is required to pay a fine, is insufficient for paying both the compensation and the fine, such person shall first bear the civil liability of compensation."

　　40. Article 48 is changed as Article 65 and revised as follows:" Functionaries of the people's governments at various levels or of State organs who commit any of the following acts shall be given administrative sanctions an accordance with law; if the act constitutes a crime, criminal responsibility shall be investigated an accordance with law:

　　"(1) shielding or conniving at violations of this Law committed in the process of manufacture or sale of products;

　　"(2) divulging information to the parties who engage in production or sale activities in violation of the provisions of this Law and helping them to evade investigation and handling; or

　　"(3) obstructing or interfering in the investigation and handling of the violations of this law committed in the process of manufacture and sale of products conducted by departments for supervision over product quality or administrative departments for industry and commerce, and thus causing serious consequences."

　　41. One article is added as Article 66:" If a department for supervision over product quality, when conducting random checking, asks for samples in excess of the specifies amount or charges fees from the inspected, it shall be ordered by the department for supervision over product quality at a higher level or the supervisory organ to return the extra samples or the fees; if the circumstances are serious, the persons, who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law."

　　" If a product quality inspection institution commits the illegal activities mentioned in the preceding paragraph, it shall be ordered by the department for supervision over product quality to rectify to offset the negative effect, and its unlawful earnings, if any, shall be confiscated and it may also be fined not more than the amount of its unlawful earnings; if the circumstance are serious, it shall be disqualified for quality inspection."

　　43. One article is added as Article 71:" Products confiscated in accordance with the provisions of this Law shall be disposed of or handled by other means in accordance with the relevant regulations of the State."

　　44. One article is added as Article 72:" The value of the products mentioned in the provisions from Article 49 to Article 54, Article 62 and 63 shall be calculated on the basis of the marked prices of the products illegally manufactured or for sale; where such prices are not available, it shall be calculated on the basis of the market prices for similar products."

　　45. Article 50 is changed as Article 73, in which one paragraph is added as the second paragraph:" Where laws or administrative regulations provide otherwise as to the liability of compensation for damages caused by nucleus facilities or products, the provisions of such laws or regulations shall apply."

　　46. Article 42 and 46 are deleted.

　　In addition, corresponding readjustment shall, on the basis of t

his Decision, be made to the wording and order of some articles……

　　This Decision shall enter into force as of September 1,2000.

　　The Law of the People's Republic of China on Product Quality shall be repromulgated after the revisions are made according to this Decision.

　　Appendix:

　　Law of the People's Republic of China on Product Quality

　　(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22,1993 and amended in accordance with the Decision of the Standing Committee of the Ninth National People's Congress on Revision of the Law of the People's Republic of China on Product Quality adopted at the 16th Meeting on July 8, 2000)

　　Contents

　　Chapter I General Provisions

　　Chapter II Supervision over Product Quality

　　Chapter III Liability and Obligation of Producers and sellers in Respect of Product Quality

　　Section 1 Liability and Obligation of Producers in Respect of Product Quality

　　Section 2 Liability and Obligation of Sellers in Respect of Product Quality

　　Chapter IV Compensation for Damage

　　Chapter V Penalty Provisions

　　Chapter VI Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This Law is enacted to strengthen the supervision and control over product quality, to improve product quality, to define the liability relating thereto, to protect the legitimate rights and interests of consumers and to safeguard the social and economic order

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