PPE

Heavy weight! 1nterim Measures for supervision and random inspection of product quality (order No.18)

Order No. 18 of the State Administration of market supervision

“1nterim Measures for the administration of supervision and random inspection of product quality” has been deliberated and adopted by the 14th executive meeting of the State Administration of market supervision in 2019 on November 8, 2019. 1t is hereby promulgated and shall come into force on January 1, 2020

director: Xiao Yaqing

on November 21, 2019

1nterim Measures for the administration of product quality supervision and random inspection

(promulgated by order No. 18 of the State Administration of market supervision and administration on November 21, 2019)

Chapter 1 General Provisions

Article 1

in order to strengthen the supervision and administration of product quality, These measures are formulated in accordance with the law of the people’s Republic of China on product quality and the law of the people’s Republic of China on the protection of consumers’ rights and interests and other laws and administrative regulations

Article 2 These Measures shall apply to the supervision and random inspection of products produced and sold by the market supervision and administration departments within their respective administrative regions

if laws, administrative regulations and departmental rules have other provisions on product quality supervision and random inspection, such provisions shall prevail

Article 3

the term “supervision and random inspection” as mentioned in these Measures refers to the activities that the market supervision and administration department, in order to supervise the product quality, organizes the sampling, inspection and handling of the products produced and sold in the people’s Republic of China according to law

Article 4 Supervision and random inspection is divided into national supervision and random inspection organized by the State Administration of market supervision and administration and local supervision and random inspection organized by local market supervision and administration departments at or above the county level< Article 5 the State Administration of market supervision and administration is responsible for overall management, guidance and coordination of national supervision and random inspection, organization and implementation of national supervision and random inspection, and collection and analysis of national supervision and random inspection information the provincial market supervision and administration department is responsible for the unified management of local supervision and random inspection within its own administrative region, organizing the implementation of supervision and random inspection at the same level, and summarizing and analyzing the supervision and random inspection information of its own administrative region the municipal and county-level market supervision and administration departments are responsible for organizing and implementing the supervision and random inspection at the same level, summarizing and analyzing the supervision and random inspection information of their own administrative regions, cooperating with the higher-level market supervision and administration departments to carry out the sampling work in their own administrative regions, and handling the supervision and random inspection results Article 6 the cost of sampling, purchase, transportation, inspection, disposal and review of samples required for supervision and random inspection shall be included in the budget of the government at the same level in accordance with the relevant provisions of the state Article 7 producers and sellers shall cooperate with the supervision and random inspection, truthfully provide the materials and information required by the supervision and random inspection, and shall not hinder or refuse the supervision and random inspection in any way Article 8 the same market supervision and administration department shall not, within six months, conduct more than two spot checks on the products of the same trademark, specification and model (hereinafter referred to as the same product) produced by the same manufacturer according to the same standard if the sampled producers and sellers can prove that the same product has been supervised and spot checked by the superior market supervision and administration department within six months, the inferior market supervision and administration department shall not repeat the spot check the first two provisions are not applicable to the follow-up spot check of unqualified products found in the supervision spot check and the supervision spot check carried out in response to emergencies Article 9 the system of separation of sampling and inspection shall be implemented in supervision and random inspection. Except for on-site inspection, the sampling personnel shall not be responsible for the inspection of their sampled products Article 10 the market supervision and administration department that organizes supervision and random inspection shall publicize the results of supervision and random inspection in accordance with the relevant provisions of laws and administrative regulations No unit or individual is allowed to disclose the results of supervision and random inspection without the consent of the market supervision and administration department that organizes the supervision and random inspection< Chapter 11 Organization of supervision and random inspection Article 11 The State Administration of market supervision and administration is responsible for formulating the annual plan of national supervision and random inspection and reporting it to the provincial market supervision and administration department the local market supervision and administration department above the county level is responsible for formulating the annual plan of supervision and spot check at the same level and submitting it to the market supervision and administration department at the next higher level for the record Article 12 the market supervision and administration department that organizes supervision and random inspection shall, in accordance with the annual plan for supervision and random inspection at the corresponding level, formulate the supervision and random inspection plan and detailed rules for the implementation of supervision and random inspection the supervision and spot check plan should include the scope of spot check products, division of work, schedule requirements, etc. The detailed rules for the implementation of supervision and random inspection shall include sampling methods, inspection items, inspection methods, judgment rules, etc the detailed rules for the implementation of supervision and random inspection shall be made public to the public before sampling< Article 13 the market supervision and administration department that organizes the supervision and random inspection shall, in accordance with the relevant requirements of government procurement, determine the sampling institutions and inspection institutions responsible for the supervision and random inspection, and sign an entrustment agreement to clarify the rights, obligations and liabilities for breach of contract if laws and administrative regulations have provisions on the qualification of sampling institutions and inspection institutions, the institutions with legal qualification shall be entrusted Article 14 sampling institutions and inspection institutions shall carry out sampling and inspection within the scope of entrustment to ensure the objectivity, impartiality and authenticity of sampling and inspection work and its results< (1) inform the sampled producers and sellers of the relevant contents of the supervision and random inspection plan in any way before the implementation of sampling< (2) subcontract the inspection task or subcontract the inspection task without the consent of the market supervision and administration department which organizes the supervision and random inspection< (3) issuing false inspection reports< (4) sign a paid service agreement with the sampled producers and sellers for supervision and spot check of similar products or accept the entrusted inspection of the same product by the sampled producers and sellers during the period of undertaking the supervision and spot check work< (5) using the results of supervision and random inspection to carry out product recommendation and evaluation, and issue supervision and random inspection product certificates and plaques< (6) to seek illegal or improper interests by taking advantage of the work related to supervision and random inspection< (7) charging sampling, inspection and other fees related to supervision and random inspection from sampled producers and sellers in violation of regulations< Article 15 the market supervision and administration department shall take samples on its own or entrust sampling agencies to take samples, and randomly select the producers and sellers to be sampled and randomly assign sampling personnel according to relevant regulations the sampling personnel should be familiar with relevant laws, administrative regulations, departmental rules and standards< Article 16 the number of sampling personnel shall not be less than two, and the sampled producers and sellers shall be presented with the notice of supervision and random inspection issued by the market supervision and administration department organizing the supervision and random inspection and the identity certificate of the sampling personnel. When performing the sampling task, the sampling institution shall also produce a copy of the power of attorney issued by the market supervision and administration department that organized the supervision and random inspection the sampling personnel shall inform the sampled producers and sellers of the scope and method of sampling products Article 17 samples shall be randomly selected by the sampling personnel from the products to be sold of the sampled producers and sellers, and shall not be sampled by the sampled producers and sellers themselves if the sampling personnel find that the sampled producers and sellers are suspected to be illegal without certificates or licenses, they should stop sampling and immediately report to the market supervision and administration department which organized the supervision and random inspection, and at the same time report to the market supervision and administration department at the county level where the sampled producers and sellers are located< (1) the quantity of products to be sold does not meet the requirements of the detailed rules for the implementation of supervision and random inspection< (2) there is sufficient evidence to show that the products to be sampled are not for sale, or only for export, and the quality of the products is otherwise stipulated in the export contract< (3) the product or its package is marked with the words of "trial production", "treatment", "sample", etc Article 19 sampling personnel shall conduct sampling according to the sampling method specified in the detailed rules for the implementation of supervision and random inspection the sampling personnel shall record the sampling information by using the specified sampling documents, and retain the evidence of sampling place, storage environment, identification of the sampled products, inventory quantity, sampling process, etc. by taking photos or video recording< The sampling documents shall be signed by the sampling personnel, the sampled producers and sellers. 1f the sampled producer or seller refuses to sign, the sampling personnel shall indicate the situation on the sampling documents, and may invite relevant personnel as witnesses when necessary if the sample documents really need to be corrected or supplemented, they shall be confirmed by the sampled producers and sellers with their signature or seal at the place of correction or supplement Article 20 if the sampled producers and sellers are unable to take samples due to the change of production or suspension of business, the sampling personnel shall make accurate records and submit them to the market supervision and administration department that organizes the supervision and random inspection< Article 21 if the sampled producer or seller obstructs, refuses or does not cooperate with the sampling by means of obviously unreasonable sample price, the sampling personnel shall make a record truthfully, immediately report to the market supervision and administration department which organized the supervision and random inspection, and report to the market supervision and administration department at the county level where the sampled producer or seller is located at the same time Article 22 samples are divided into inspection samples and spare samples the sampling personnel shall purchase the inspection samples, except that the inspection is not conducted by destructive test and will not have a substantial impact on the sample quality. The price of purchasing inspection samples shall be subject to the price of products produced and sold; 1f there is no marked price, the market price of similar products shall prevail spare samples are provided by the sampled producers and sellers free of charge if laws, administrative regulations and departmental rules have other provisions on the method of sample acquisition, such provisions shall prevail Article 23 the sampling personnel shall take effective anti unsealing measures, seal the inspection samples and spare samples respectively, and sign for confirmation by the sampling personnel, the sampled producers and sellers Article 24 samples shall be carried by the sampling personnel or sent to the inspection institution for inspection. For fragile products, hazardous chemicals and other samples with special requirements for transportation and storage, effective measures shall be taken to ensure that the transportation and storage process of the samples comply with the relevant provisions of the state, and no change affecting the inspection conclusion occurs if the samples need to be stored in the offices of the sampled producers and sellers in advance, they should be sealed up with seal marks. The sampled producers and sellers shall keep the sealed samples properly and shall not conceal, transfer, sell off or damage them< Section 2 network sampling Article 25 administrative regulations of the market supervision and administration department on the sales of e-commerce operators

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