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

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　　Article 2 Anyone who manufactures or sells any product within the territory of the People's Republic of China shall abide by this Law.

　　For the purposes of this Law, "product" means one which is processed or manufactured for sale.

　　This Law shall not apply to construction projects. However, it shall be applicable to those materials, components, fittings and equipment used for construction which fall within the scope of the definition mentioned in the preceding paragraph.

　　Article 3 Producers and sellers shall establish and improve their internal system for product quality control, and strictly apply the quality standards for jobs, the quality responsibility system and the related check measures.

　　Article 4 Producers and sellers shall be liable for product quality in accordance with this Law.

　　Article 5 It is prohibited to forge or fraudulently use authentication marks or other product quality marks; it is prohibited to forge the origin of a product, or to forge or fraudulently use the name and address of another producer; and it is prohibited to mix impurities or imitations into a product that is manufactured or for sale, or pass a fake product off as a genuine one , or pass a defective product off as a quality one.

　　Article 6 The State encourages the popularization of scientific methods for quality control and the adoption of advanced science and technology, and encourages enterprises to make their product quality reach and surpass their respective sectoral standards, national standards and international standards.

　　Units and individuals that have made outstanding achievements in exercising advanced control over product quality and in raising their product quality to advanced international standards shall be awarded.

　　Article 7 People's governments at various levels shall incorporate the improvement of product quality into their plans for national economic and social development, improve their overall planning ,organization and leadership in respect of product quality, provide guidance to producers and sellers and urge them to tighten control over product quality and improve product quality, ensure that the government departments concerned will, in accordance with law, take measures to stop any violations of this Law committed in the process of manufacture and sale of products, and guarantee th

at this Law is implemented.

　　Article 8 The department for supervision over product quality under the State Council shall be responsible for supervision over product quality throughout the country. The relevant departments under the State Council shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities.

　　Local departments for supervision over product quality at or above the county level shall be in charge of supervision over product quality within their respective administrative regions. The relevant departments in the local people's governments at or above the county level shall be responsible for supervision over product quality within the scope of their respective functions and responsibilities.

　　Where laws provide otherwise with respect to departments for supervision over product quality, the provisions of such laws shall apply.

　　Article 9 No functionaries of the local people's governments at various levels or of other State organs may abuse their power, neglect their duty, engage in malpractices for personal gain, shield or connive at violations of this Law committed in the process of manufacture or sale within their own regions, or obstruct or interfere in the investigation and handling of such violations.

　　Where a local people's government at any level or a State organ shields or connives at violations of this Law committed in the process of manufacture or sale, the person who is chiefly responsible shall be investigated for legal responsibility in accordance with law.

　　Article 10 All units and individuals shall have the right to inform the departments for supervision over product quality or other relevant departments against any violations of this Law.

　　The Departments for supervision over product quality and other relevant departments shall keep secrets for the informers, and award the them in accordance with the relevant regulations of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

　　Article 11 No units or individuals may exclude up-to-standard products manufactured by enterprises or sectors from entering into their regions or sectors.

　　Chapter II

　　Supervision over Product Quality

　　Article 12 The quality of a product shall undergo inspection until it proves to be up to the standards. No sub-standard product may be passed off as an up-to-standard one.

　　Article 13 Industrial products constituting potential threats to human health, personal safety and safety and safety of property shall be in conformity with the national standards and sectoral standards for ensuring human health, personal safety and safety of property; with regard to products for which there are no national or sectoral standards to measure up to, products shall meet the requirements for ensuring human, personal safety and safety of property.

　　Manufacturing and selling of industrial products that do not conform to the standards and requirements for ensuring human health, personal safety and safety of property are prohibited. The specific administrative measures shall be prescribed by the State Council.

　　Article 14 The State applies, in light of the quality control standards used internationally, the practice of authentication with respect to the quality series of enterprises. An enterprise may, on a voluntary basis, apply for authentication with respect to its quality series to an authentication body approved by the department for supervision over product quality under the State Council or by a department authorized by the said department. The enterprise that is authenticated as qualified shall be issued an authentication certificate for its quality series by the authentication body.

　　The State applies, in light of the internationally advanced product standards and technical requirements,

the system for product quality authentication. An enterprise may, on a voluntary basis, apply for authentication with respect to the quality of its products to an authentication body approved by the department for supervision over product quality under the State Council or by a department authorized by the said department. The enterprise whose product quality is authenticated as up- to-standard shall be issued an authentication certificate for its product quality by the authentication body and shall be permitted to use product quality authentication mark on its products or the packages thereof.

　　Article 15 The State, with respect to product quality, applies a system of supervision and inspection with random checking as the main form. Products constituting potential threats to human health, to personal safety and to safety of property, important industrial products which have a bearing on the national economy and the people's wellbeing, and products with quality problems as reported by consumers or relevant organizations shall be subjected to random checking. Samples for random checking shall, at any time, be selected from the market or from among the finished products ready for sale in the storehouse of an enterprise. Supervision and random checking shall be planned and arranged by the department for supervision over product quality under the State Council. The local departments for supervision over product quality in the people's governments at or above the county level may also make arrangements for supervision and random checking Within their respective administrative regions. Where laws provide otherwise with respect to supervision over and inspection of product quality, the provisions of such laws shall apply.

　　Local departments may not repeat random checking already conducted by State departments; departments at lower levels may not repeat random checking already conducted by departments at higher levels.

　　Products may b inspected where random checking of such products so requires, but the amount of samples selected for inspection may not exceed the reasonably need of the inspection and no fees may be charged from the enterprises concerned, The expenses thus incurred shall be disbursed in accordance with the relevant regulations of the State Council.

　　Where producers or sellers have objections to the result of inspection, they may, within 15 days from the date the result is received, apply to the department for supervision over product quality that has conducted the random checking or its superior for re-inspection. The department for supervision over product quality that conducts the re-inspection shall make a conclusion afterwards.

　　Article 16 No producers or sellers may refuse to undergo supervision over and inspection of their product quality conducted in accordance with law.

　　Article 17 Where the quality of a product is proved to be not up to standard after random checking is conducted in accordance with the provisions of this Law, the department for supervision over product quality that has conducted random checking shall order the producer and/or seller to improve it within a time limit. If the producer and/or seller fails to do so at the expiration of the time limit, the matter shall be announced by the department for supervision over product quality under the people's government at or above the provincial level; if the product q

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