深圳经济特区产品质量管理条例 Administrative Regulations of Shenzhen Special Economic Zone on Product Quality

ated inspection except that the competent department doubts the inspection outcome.

　　Article 21 The inspection institutions of product quality shall take the obligation to keep the business secret of the inspected product. The inspection institution or inspection personnel, who reveals the business secret of the inspected parties, shall be punished according to relevant provisions of the Law of People's Republic of China on Anti-Unfair Competition.

　　Article 22 If the product is inspected to be qualified, the inspection fees shall be exempted. If the product is inspected to be unqualified, the inspected party shall pay inspection fee in double.

　　For the part of inspection fee requiring financial subsidy, the municipal or district competent department shall put forward a budget plan and list it into the municipal or district financial expenditure.

　　The sample of the product to be inspected shall be provided by the inspected party freely. The inspection institution of product quality shall return the sample to the inspected party after　the inspection conclusion and the expiration of the period for keeping the sample.

　　Article 23 The inspection institution of product quality shall submit the inspection outcome within the time limit provided by the municipal or district competent department.

　　Article 24 The municipal or district competent department shall publicize the inspection outcome of product quality to the society and inform the inspected party.

　　Article 25 The system of providing products for inspection before sale shall be practiced for selling products, which constitutes possible threats to the health or safety of human life and property, in the Special Zone. The inspection before sale shall not overlap with any other legal inspection.

　　The seller shall not sell the products until he provides them to the municipal competent department for inspection before sale according to relevant provisions.

　　The catalogue of products, which shall be provided for inspection before sale, shall be drawn up by the municipal competent department, and be publicized once

a year.

　　Article 26 The municipal or district competent department may take coercive measure of sealing up or detention upon discovering any one of the following circumstances in the product quality inspection:

　　(1) the product is explicitly prohibited to be manufactured or sold by laws, regulations or rules;

　　(2) the product is the evidence of a case and is probable to be lost;

　　(3) the product will cause damage to the society without being sealed up.

　　The inspection conclusion of the product having been sealed up or detained shall be made within 15 days. If the period of sealing up or detainment needs to be extended because of the restriction of inspection condition, the period may be extended to another 15 days under the approval of the person in charge of the municipal competent department.

　　Chapter Ⅳ Manufacturer and Seller's Obligation of Product Quality

　　Article 27 The Manufacturer and seller shall strictly implement the laws, regulations, rules and compulsory standards on product quality, carry out the strict inspection system of product quality, and safeguard the interests of the user and consumer.

　　Article 28 The marks of product quality, product description and product made by the manufacture shall accord with the relevant provisions of the Law of the People's Republic of China on Product Quality.

　　The product, product description and the package of product shall be marked with standard serial number or code of the product.

　　The product, assembled, processed or renewed with waste or old raw materials or component, shall be explicitly illustrated on the product, package or description.

　　Food products without package and other non-packed products, which are difficult to be marked because of their nature, may dispense with product marks,, unless the laws or regulations provide otherwise.

　　Article 29 The seller shall examine the quality certification or other mark of the product to be bought in so as to safeguard the quality of the products for sale.

　　If the seller is not sure about the quality conditions of purchased products, he shall apply to the inspection institution of product quality for inspection.

　　Article 30 If a product doesn't accord with the quality provisions of Article 28 of these regulations, and doesn't endanger human health, personal or property security, and has certain use value, it shall be indicated as the "substandard product", "disposed product" or marked with other descriptions illustrating the product quality at the distinguished places of the product or its package for sale.

　　Article 31 When selling durable consumer goods, the seller shall explicitly illustrate a reasonable quality assurance period, and guarantee the reasonable using quality of the product within the explicitly illustrated period. If the quality assurance period is not explicitly illustrated, it shall be presumed to be 5 years except that laws or regulations provide otherwise.

　　The catalogue of durable consumer goods shall be issued by the municipal competent department.

　　Article 32 If the durable consumer product has quality problem during the quality assurance period not for the user's default, the seller shall repair it for free. If the product can't be repaired or can't satisfy the reasonable requirement of use or safety control after reparation, the seller shall replace it with a product of the same kind; If there is no product of the same kind, the seller shall refund the total money paid and take back the original product; If losses are caused to the consumer, the seller shall compensate the losses.

　　The "substandard product" and "disposed product" stipulated in Article 29 of these regulations shall not apply the preceding paragraph.

　　If the purchaser and seller have an agreement on the after-sale service of the product, the agreement shall be observed

.

　　Chapter Ⅴ Legal Responsibilities

　　Article 33 Anyone, who is involved in anyone of the following circumstances, shall be ordered to rectify within a prescribed time limit; If he fails to rectify within the time limit, he shall be fined more than 2,000 yuan but less than 20,000 yuan:

　　(1) the product has no enterprise standard to measure up;

　　(2) the enterprise standard doesn't accord with laws, regulations, rules or compulsory standard;

　　(3) the manufacturer of product fails to put the enterprise standard for record according to the provisions of these regulations.

　　Article 34　The product, which is sold with certification mark while doesn't accord with the certification standard, shall be stopped from sale. The seller of the product shall be confiscated illegal gains and be fine more than one time but less than 5 times of illegal turnover. If the circumstances are serious, the seller may be revoked the certification mark and the certificate.

　　Article 35 If the certification institution of the certification of enterprise quality certification and the product quality certification fails to report the name of certificated enterprise, the scope, period and outcome of certification to the municipal competent department for record, it shall be ordered to rectify within a prescribed time limit; If it fails to rectify within the time limit, it shall be fined more than 2,000 yuan but less than 20,000 yuan.

　　Article 36 The manufacturer or seller of the product, whose product quality doesn't accord with compulsory standard, shall be ordered to stop manufacture or sale, be confiscated unqualified product and illegal gains, and be fined more than one time but less than 5 times of illegal turnover; If the circumstances are serious, he shall be ordered to stop business for rectification or be revoked the Business License; If a crime is constituted,　the criminal responsibilities shall be investigated according to law.

　　Article 37 Anyone, whose product quality doesn't accord the enterprise standard or the product quality situation illustrated in the descriptions or advertisement of the product, shall be ordered to be rectified within a prescribed time limit, and shall not sell the product until it is tested to be qualified after rectification.

　　Article 38 Anyone, whose product identification doesn't accord with the provisions of the second paragraph of Article 28 of these regulations, shall be ordered to rectify within a prescribed time limit and be fined more than 500 yuan but less than 5,000 yuan; If he fails to rectify t within the time limit, he shall be confiscated the product whose identification doesn't accord with the provisions and be fined more than 15 percent but less than 20 percent of illegal turnover.

　　Anyone, whose product identification doesn't accord with the provisions of the third paragraph of Article 28 of these regulations, shall be ordered to rectify within a prescribed time limit and be fined more than 2,000 yuan but less than 20,000 yuan; If he fails to rectify within the time limit, he shall be confiscated the product whose identification doesn't accord with the provisions and be fined more than one time but less than five times of illegal turnover.

　　Article 39 Any manufacturer or seller, who refuses the competent department to supervise and inspect or refuses the inspection institution of product quality entrusted by the competent department to inspect without proper reason, shall be fined more than 2,000 yuan but less than 10,000 yuan. Any one, who unseals, transfers, destroys or sells the sealed prod

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/