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

uality fails to pass re-inspection conducted after the announcement, the producer shall be ordered to discontinue production and/or business operation for overhaul within a time limit; if it again fails to pass another re-inspection conducted at the expiration of the time limit, the producer's and/or seller's business license shall be revoked.

　　Where a product is found through random checking to have serious quality problems, punishment shall be meted out in accordance with the relevant provisions in Chapter V of the Law.

　　Article 18 The departments for supervision over product quality at or above the county level may, on the basis of the obtained evidence for or information against suspected violations of this law, exercise the following functions and powers when investigating and handling such violations:

　　(1)to conduct on-the-spot inspection of the place where the party is suspected of engaging in production or sale activities in violation of this Law;

　　(2)to conduct investigation among the legal representative of the party, the person who is chiefly in charge, and other persons concerned for information related to the production or sale activities engaged in by the suspected party in violation of this Law;

　　(3)to look into and duplicate the contracts, invoices and account books concerning the party and other relevant material; and

　　(4)to seal up or seize the products which are regarded, on the basis of evidence, as not being in conformity with the national or sectoral standards for ensuring human health, personal safety and safety of property or as having other kinds of serious quality problems, and the raw and supplementary materials, package materials and production 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.

　　Article 19 Product quality inspection institutions shall have the necessary testing facilities and competence and shall undertake inspection of Product quality only after being appraised and endorsed by the department for supervision over product quality under the people's government at or above the provincial level or a department authorized by the said department. Where laws or administrative regulations provide otherwise with respect to the institutions for inspection of product quality, the provisions of such laws or administrative regulations shall apply.

　　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.

　　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 disqualified from using the mark.

　　Article 22 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.

　　Article 23 Public organizations protecting the rights and interests of consumers may suggest that the department concerned dispose of the product quality problems as reported by consumers, and may support consumers in their efforts to bring a suit to a people's court with respect to the damage caused by quality problems of products.

　　Article 24 The department for supervision over product quality under the State Council and the people's governments of provinces, autonomous regions a

nd municipalities directly under the Central Government shall regularly issue Quality Status Bulletin regarding the products which they have conducted random checking.

　　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 over the manufacture or sale of products.

　　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

　　Article 26 Producers shall be liable for the quality of the products they produce. The products shall meet the following quality requirements:

　　(1)constituting no unreasonable threats to personal safety or safety of property, and conforming to the national standards or the sectoral standards there are such standards;

　　(2)possessing the properties as required, except for those with directions stating their functional defects; and

　　(3)conforming to the product standards marked on the products or on the packages thereof, and to the quality conditions indicated by way of product directions, samples, etc .

　　Article 27 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 date 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.

　　Food products without package and other non-packed products which are difficult to be marked due to their special nature may disperse with product marks.

　　Article 28 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.

　　Article 29 No producer may produce any product that has been eliminated by State orders.

　　Article 30 No producer may forge the origin of a product, or Forge or illegally use another producer's name and address.

　　Article 31 No producer may forge or illegally use another Producer's authentication marks or other product quality marks.

　　Article 32 In producing products, no producer may mix impurities or imitations into the products, or substitute a fade product for a genuine one, a defective product for a high-quality one, or pass a substandard product off as an up-to-standard one.

　　Section 2

　　Liability and Obligation of sellers in Respect of Product Quality

　　Article 33 A seller shall establish and practise a check-for- Acceptance system for replenishment of his stock, and examine the quality certificates and ot

her marks.

　　Article 34 A seller adopt measures to keep the products for sale in good quality.

　　Article 35 No seller may sell products which are eliminated and the sale of which is stopped by State organs, or expired and deteriorated products.

　　Article 36 The marks of a seller's products shall conform to the provisions of Article 27 of this Law.

　　Article 37 No seller may forge the origin of a product, or forge or fraudulently use another producer's name and address.

　　Article 38 No seller may forge or fraudulently use another producer's authentication marks or other product quality marks.

　　Article 39 In selling products, no seller may mix impurities or imitations into the products, or substitute a fake product for a genuine one, a defective product for a high-quality one, or pass a substandard product off as an up-to standard one.

　　Chapter IV

　　Compensation for Damage

　　Article 40 A seller shall be responsible for repair or change of the product, or for refund of the purchase price if the product he sold is found to be in any of the following conditions and, if losses are caused to the consumer who bought the product, the seller shall compensate for the losses;

　　(1)The

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