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

uct with quality problem arbitrarily, shall be fined more than 10,000 yuan but less than 20,000 yuan. If a crime is constituted, the criminal responsibilities shall be investigated according to law.

　　Article 40 Anyone, who sells the uninspected product that is listed in the catalogue of products to be pr

ovided for inspection before sale, shall be ordered to stop sale and submit the product for inspection within a prescribed time limit, and be fined more than one time but less than 5 times of the sum of sold products.

　　Article 41 Any product seller, who fails to perform the after-sale obligation according to the provisions of Article 32 of these regulations, shall be ordered to rectify within a prescribed time limit; If he fail to rectify within the time limit, he shall be fined more than 2,000 yuan but less than 20,000 yuan; If the circumstances are serious, he may be ordered to stop business for rectification.

　　Article 42 Any inspection institution of product quality, which produces mistaken inspection data or mistaken inspection conclusion, shall be ordered to rectify and may be fined 10 times of inspection fee; If the circumstances are serious, it shall be ordered to stop inspection and be revoked the inspection qualification or Business Licenses.

　　Any inspection person, who produces mistaken inspection data or conclusion due to intention or gross negligence, shall be fined more than 2,000 yuan but less than 10,000 yuan; If the circumstances are serious, he shall be revoked inspection qualification; If his act constitutes a crime, he shall be investigated for criminal responsibilities according to law.

　　Article 43 The administrative punishment of revoking Business License or stopping business for rectification stipulated in these regulations shall be decided by the administrative department of industry and commerce. Other administrative punishment shall be decided by the competent department.

　　Article 44 If a party does not agree with the administrative punishment made by the district competent department, he may apply to the municipal competent department for review within 15 days form receiving the punishment notice; If a party does not agree with the administrative punishment made by the municipal administrative department, he may apply to the organization of administrative review of the municipal people's government for review within 15 days from receiving the punishment notice.

　　The organizations of review shall make a review decision within 60 days from receiving the application for review. If a party does not agree with the review decision, he may file a lawsuit to the people's courts within 15 days from receiving the review decision; If the organization of review fails to make review decisions within the time limit, the party may file a law suit to the people's court within 15 days from the expiration of review period.

　　If the party fails to apply for review within the time limit, and refuses to execute the punishment decision, the administrative department making the punishment decision may apply to the people's court for coercive execution.

　　Article 45 Any government working staff, who engages in the supervision and control of product quality abuses his power, neglects his duty, or play favoritism and commit irregularities, his unit or his superior competent department shall investigate for his administrative responsibilities; If his act constitutes a crime, he shall be investigated for criminal responsibilities by judicial organ.

　　Chapter Ⅵ Supplementary Provisions

　　Article 46 "Manufacturer" in these regulations refers to the organization or individual who processes or produces product, or clearly indicates his designation or name on the product or the package of product.

　　The party supervising the manufacture of the product is deemed to be the joint manufacturer.

　　"Seller" in these regulations refers to the organization or individual selling the product, including the organization or individual who sells product by means of exclusive distribution, general agency or sales by proxy.

　　"Quality assurance period" in these regulations refers to the period when the party shall take the responsibility of

free reparation, replacement or refund to the consumer from the date of sale.

　　"Illegal turnover" in these regulations refers to the total amount of money paid for the sold and not sold products, which violate the provisions of laws or regulations and are operated by manufacturer or seller.

　　Article 47 Quality control of product for export shall be executed according to the provisions of relevant laws of the State.

　　Article 48 These regulations shall go into effect as of May 1,1995

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/