Shanghai Product Quality Supervision Regulations Wikipedia card to strengthen the supervision and management of product quality, a clear responsibility for product quality, protect the legitimate rights and interests of users and consumers, according to the "Product Quality Law" and other laws and regulations, the development of the "Shanghai Product quality supervision and regulation. " The "Regulations" by August 26, 1994 in Shanghai Tenth NPC Standing Committee 12th meeting, June 24, 1998 in Shanghai Eleventh Standing Committee 3rd meeting correction. "Regulations" sub-General, administrative supervision, producers, sellers responsibilities and obligations, social supervision, liability, Annex 6 Chapter 53, since October 1, 1994 into effect. April 19, 2012 of the 13th Shanghai People's Congress passed the 33rd meeting of the "Shanghai Product Quality Regulations" on page 50 decision annulled "Shanghai Product Quality Supervision Regulations."
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Shanghai Product Quality Supervision Regulations Chapter I Chapter II Chapter III of administrative supervision producers, sellers responsibilities and obligations of public oversight Chapter IV Chapter V Legal Liability Chapter VI Supplementary Provisions Shanghai Municipal People's Congress Standing Committee of Shanghai Product Quality Regulations Chapter I Chapter II producers, sellers, responsibilities and obligations of administrative supervision Chapter III Chapter IV Chapter V Legal Liability community supervision Chapter VI Supplementary Provisions commenced Edit this Duan Shanghai Product Quality Supervision Regulations (August 26, 1994 in Shanghai Tenth People's Congress Standing Committee 12th meeting; according to June 24, 1998 in Shanghai of the Eleventh People's Congress Standing Committee of the 3rd Conference "on amending
's decision" Fix) Edit this paragraph Chapter I General Provisions Article 1 In order to strengthen the supervision and management of product quality, a clear responsibility for product quality, protect the legitimate rights and interests of users and consumers, maintain social and economic order, according to the "Product Quality Law" (hereinafter referred to as "Product Quality Law") and other laws and regulations, combined with the actual situation in the city, the enactment of this Ordinance. Article within the city engaged in production, sales activities, must comply with the regulations. The term refers to products processed or manufactured for the sales of products. Construction regulations shall not apply. Article Shanghai Technical Supervision (hereinafter referred to as "City Technical Supervision") is a city product quality supervision and management of the administrative department, is responsible for organizing, coordinating the city's product quality supervision. District and county technical supervision and administration departments in accordance with the division of responsibilities in the city under the guidance of Technical Supervision and ensuring product quality supervision. Industry and commerce, commodity inspection, health administrative departments in their respective areas of responsibility, good product quality supervision work. The industry department is responsible for the system's product quality management. Article encouragement of scientific quality management methods, the use of advanced science and technology, to encourage enterprise product quality meet and exceed domestic and foreign advanced standards. Advanced management of product quality and product quality to meet international advanced level, notable achievements of units and individuals to give recognition and reward. Edit this paragraph administrative oversight Chapter Article actively promote enterprise quality certification system and product quality certification system. Enterprises can on a voluntary basis, in accordance with the "Product Quality Law," to the relevant certification body for enterprise quality system certification and product quality certification. Article Municipality are not included in the national production license directory of the important products and involving personal safety, health products, production permit system can be implemented. Implement production permit system formulated by the Shanghai Municipal People's Government. Article VII of the city to implement the product quality supervision and spot checks and periodic inspections combined to supervision based, and regularly publish test results of supervision and inspection system. Laws and regulations on product quality supervision and inspection otherwise provided, in accordance with relevant laws and regulations implemented. Article VIII of the city of product quality supervision and inspection program prepared unified municipal and Technical Supervision, issued. District and county technical supervision and management department is responsible for the preparation of the administrative region an enterprise product quality supervision and inspection plan submitted to the Municipal Technical Supervision record. Article IX product quality inspection is based on national standards, industry standards or local standards. Products be tested without preceding the required standard, according to the quality standards of the product expressly for testing. Number of products required to meet the national sample number, according to the Municipal Technical Supervision sampling principles prescribed physical extraction test. Article technology supervision department of product quality supervision and inspection, the inspection result shall inform the inspected units and individuals. Municipal Technical Supervision should regularly check the quality of the product results to be announced. Article XI commitment to product quality inspection institution must have the necessary testing conditions and capabilities, and by the Municipal Technical Supervision after passing the examination before engaging in product quality inspection work. Product quality inspection agency shall, in accordance with the procedures and methods of testing, inspection data may not be forged and conclusions of the examination and inspection reports issued its legal responsibility. Laws and regulations on product quality inspection institutions otherwise provided, in accordance with relevant laws and regulations implemented. Article XII supervision fees required by the corresponding financial allocations, shall not be charged to those who were checked. Periodic inspection cost, according to state and city regulations. Supervision and regular inspection costs, including inspection fees and inspection fees announcement of the results. Article XIII product quality supervision departments to carry out product quality supervision and inspection, may exercise the following powers: (a) inspect and copy the relevant invoices, receipts, account books, advertising, business correspondence and other relevant information; (two) into the production venue, product warehouse or storage places; (three) sequestration or seizure may have serious quality problems of products, within the prescribed time limit and make a decision. Edit this paragraph chapter producers, sellers, responsibilities and obligations of Article XIV Producers shall be responsible for the quality of products. Product quality shall meet the following requirements: (a) there is no threat to personal and property safety of unreasonable risk; guaranteed health and personal and property safety of the national standards, industry standards, local standards, it shall comply with the standards; (two ) Products shall have the use of performance, but the existence of product defects of the property, except to note; (three) comply with the product or its packaging marked on product standards, compliance with product description, physical samples indicated quality status. Article XV product or its logo on the packaging shall meet the following requirements: (a) have a product quality inspection certificate; (two) with Chinese marked the product name, manufacturer name and address; (three) based on product characteristics and use requirements, need to indicate product specifications, grade, name of the major ingredients and content, there is a corresponding marked; (four) deadline for use of the product, there are marked production date and safe use period or expiration date; (five) improper use , likely to cause damage to the product itself, or may jeopardize the personal and property safety of products, there are warning signs or warnings written in Chinese; (six) implementation of the production licenses or production permit, there are licenses or production permit card number. Bare of food and other products based on the characteristics of the bare hard additional identification products, you can not attach product identification. Article XVI Machinery and equipment, instrumentation, consumer durables complex structure, shall be accompanied by installation, use, repair and maintenance manual. Article XVII toxic, dangerous, fragile, storage and transportation can not be inverted, and other special requirements of the product, its packaging must comply with the corresponding requirements, there should be warning signs or warnings written in Chinese, indicating the storage precautions. Article XVIII seller sales of imported products shall be marked with the Chinese product name, origin and the importer or the total distribution of the name and address; relationship to human health and personal and property safety, or for the use, maintenance products with special requirements should be with Chinese manual; deadline for use of the product, there should be Chinese expiration date indicated; imports of CKD or dispensing of products, product or packaging should be marked with the Chinese assembly or packing plant name and address . Article XIX seller shall perform incoming inspection and acceptance system, and check product quality certificates and the provisions of Article 15 of the other logo. Sellers shall take the necessary based on product characteristics safekeeping measures to maintain the quality of products sold. Article 20 producers are not allowed to produce or sell the following products: (a) the obsolete products; (two) failure, deterioration of the product; (three) falsifying the origin,2013 Football Boots Soccer Cleats Shoes Nike Mercurial Victory IV FG Orange yellow black, forgery or fraudulent use of the name and address of the products; (four) forging or counterfeiting certification marks, marks of quality marks such products; (five) adulterate or impurities, shoddy, substandard products as qualified products. Twenty-one sales of products sold by the quality of the implementation of its first responsibility. The products are sold in one of the following circumstances, the seller shall be responsible for the repair, replacement or return; to the user, the consumer losses caused damages shall: (a) do not have the product should have the property is not stated in advance The; (two) does not comply with the product or its packaging marked on product standards; (three) does not comply with product description, physical samples of the quality indicated. Belonging to producer responsibility or product belonging to other sellers offer sellers (hereinafter referred to as supplier), the responsibilities, the seller has the right to the producer or the supplier recovery. Twenty-two defective product causes personal injury or property damage, the victim can claim compensation the producers may also be to demand compensation from the sale of products. Are the responsibility of the producers, who sell the product compensation, product sales were entitled to the producers or importers of imported products recourse. Imported products importer shall be entitled to recover those imported products to offer. Are the responsibility of product sales, the producers of compensation, the producers have the right to recourse against the seller of products. Article 23 provides for the sale of venues, facilities or organizational unit or individual exhibition of products, you can not specify the defect, the defective product producers, sellers, or that can be specified, but the user, the consumer is difficult to find, and shall bear responsibility for product quality. Any unit or individual shall for the production and sale of products listed in Article 20 of this Ordinance actors provide a venue facilities. Venues and facilities provided by the user has found violations should be reported to the authorities, not condoned, asylum. Article 24 in the printed product identification printing, production of product identification, shall examine relevant are permitted to print and provide false identification of products shall not be provided to non-principal product identification. Edit this paragraph of Article 25 of Chapter IV of social supervision users, consumers have the right to product quality problems, to the producers, sellers query to the technical supervision and management, business administration and other departments appeal, producers, sales and the relevant departments shall accept and handle. Article 26 The social organization of consumer protection, consumers can reflect the product quality problems suggested departments responsible for handling; involved in the administration of product quality supervision and inspection; supporting consumer due to the damage caused by the product quality the people's court. Article 27 news media units to implement social supervision of product quality, the use of media tools to the user, the consumer product quality introduce knowledge to publicize the product quality supervision and management laws and regulations, exposing the production, sales offenses. Article 28 Any unit or individual production and sales of products listed in Article 20 of this Ordinance, the right to report to the authorities. Informants requested confidentiality, the relevant departments shall keep. For meritorious units and individuals, departments shall be rewarded. Edit this paragraph Chapter V Legal Liability Article 29 production does not meet the protection of human health and personal and property safety of the national standards, industry standards, local standards of products, ordered to stop production, confiscate the illegal production and sales of products and Sales revenue at more than five times the fine, you can revoke the business license; relevant administrative departments can give operators an administrative sanction; against those responsible shall be liable to one thousand yuan to 10,000 yuan fine; constitute a crime, shall be investigated criminally responsible. Article 30 sales do not meet protection of human health and personal and property safety of the national standards, industry standards, local standards of products ordered to stop selling; product has been sold, and ordered deadline for the recovery, shall be confiscated. One of the following circumstances, except in accordance with the preceding paragraph punishment, confiscation of sales revenue, sales income and impose a fine of more than five times, you can revoke the business license; relevant administrative departments can give operators an administrative sanction; against liability one can place one thousand yuan to 10,000 yuan fine; constitute a crime, criminal responsibility shall: (a) directly or indirectly involved in product processing, production; (two) according to job requirements, or should be able to identify the product does not compliance with safety and health requirements; (three) country or the city authorities have announcements related products may not be sold to continue selling; (four) users, consumers who have been selling products reflect hazards exist or has happened to continue selling; (five) there is other evidence to prove that the seller knew or should have known that products do not meet quality standards. Article 31 The production and sale of the obsolete products ordered to stop production, sale, confiscate the illegal production and sale of products and sales revenue, sales income and impose a fine of more than five times, you can revoke the business license; right responsible person shall be liable to one thousand yuan to 10,000 yuan fine. Article 32 sales failure, deterioration of products ordered to stop selling, confiscate the illegal sale of products and sales revenue, sales income and impose a fine of more than five times, you can revoke the business license; relevant administrative departments may grant operating by administrative sanctions; responsible person shall be liable for more than one thousand yuan to 10,000 yuan fine; constitute a crime, be held criminally responsible. Article 33 sales falsifying the origin of forgery or fraudulent use of another person's name and address, forgery or fraudulent use of certification marks, famous logo, quality certification and other quality logo products, confiscate the illegal sale of products and sales. Producers, sellers origin of counterfeit products, forgery or fraudulent use of another person's name and address, forgery or fraudulent use of certification marks, famous logo, quality certification and other quality marks, and ordered public corrections, confiscate the illegal production and sale of products and sales income and may impose a sales income of more than three times the fine, the responsible person shall be liable to 1,500 to 5,000 yuan. Forgery, fraudulent, altered production license card number, according to the relevant provisions to be addressed. Article 34 violation products production permit system behavior, shall be punished in accordance with the following provisions: (a) without approval, production implementation of product management, product production permit, shall be ordered to stop production, confiscate the illegal production of products and illegal income and impose a value of the product fifteen percent to 20 percent fines; (two) sales management implementation of product production permit product production permit no product shall be ordered to stop selling, confiscate the illegal sale of products and illegal income, impose a sales revenue of fifteen percent to twenty percent of the fines; (three) the transferred product production permit, confiscate the illegal income and impose more than five times the illegal income shall be imposed, and the revocation of product production permit; (four) forgery, fraudulent, altered product production permit the collection of their products production permit, ordered to stop production, confiscate the illegal income and impose a 20 percent to product value twenty-five fine; circumstances are serious, a fine three times the value of the product of a fine; (five) did not maintain the quality system to ensure the quality of products or not, shall be imposed; overdue reform can not guarantee product quality or revoked the product production permit. Article 35 selling adulterated impurities, shoddy or substandard product as a qualified product, confiscate the illegal sale of products and sales. Producers, sellers in the product adulterated impurities, shoddy or substandard product as a qualified product, confiscate products and sales revenue, and impose a sales revenue of more than five times fine, you can revoke the business license; relevant administrative departments shall be given administrative sanctions operators; against those responsible shall be liable to one thousand yuan to 10,000 yuan fine; constitute a crime, be held criminally responsible. Article 36 of bribery, corruption or other illegal means to sell, purchase products listed in Article 20 of this Ordinance, does not constitute a crime, their units or higher authorities be given administrative sanctions, confiscation of illegal gains and impose one thousand yuan to 10,000 yuan fine; constitute a crime, be held criminally responsible. Article 37 The products do not comply with the provisions of Article 15 to Article XVIII, and ordered to make corrections; serious or refuses to do so, shall be ordered to stop production, sale, may impose a sales revenue of fifteen percent to 20 percent of the fines; 1,500 to the responsible person shall be liable to a fine of one thousand. Logo printed in violation of the provisions of Article 24 shall be ordered to stop production and provide, confiscate the illegal printing or provide products and sales revenue, sales revenue may impose a fine of more than five times, you can revoke the business license; against those responsible shall be liable to one thousand yuan to 10,000 yuan fine; constitute a crime, be held criminally responsible. Article 38 defective product, but not described, ordered to make corrections, you can confiscate sales revenue, sales doubled and impose a fine of less; against those responsible shall be liable to a fine of 1,500 to 2,000 Yuan. Article 39 forged or falsified inspection data conclusions of the examination, shall be ordered to correct and impose inspection fee received more than three times the fine, the responsible person shall be liable to one thousand yuan more than five thousand yuan shall be imposed; serious cancel product quality inspection qualification or revoke the business license; constitute a crime, the person directly responsible shall be investigated for criminal liability. Article 40 supervision and inspection of units or individuals refuse to provide or conceal, transfer, destruction of Article 13 of the information listed in the first paragraph, the unit shall be liable to one thousand yuan more than 50,000 yuan fines; those responsible shall be liable to one thousand yuan more than five thousand yuan shall be imposed. Supervision and inspection by the entity or individual without unsealing or transfer was sealed product, place the product on a unit sales more than five times the fine; against those responsible shall be liable to one thousand yuan to 10,000 yuan fine. Sales violates the provisions of Article 41 Article 21, paragraph 2, shall be ordered to correct, you can sell the product at the price of more than three times the fine. Article 42 venues and facilities provided violates the provisions of Article 23, paragraph 2, the confiscation of their providing venues and facilities made illegal income and may be more than five times the illegal income shall be imposed; the responsible person shall be liable to a fine of 1,500 to below five thousand. Article 43 offenses listed in this Ordinance, no sales or because the seller does not truthfully provide relevant information, resulting in sales revenue is difficult to confirm, you can place one thousand yuan more than 100,000 yuan fine. Article 44 violation of these regulations, the following fines on five hundred yuan, the facts are clear, being penalized without objection, product quality supervision departments can spot punishment. Article 45 The product quality supervision departments in the implementation of administrative penalties on the parties, it shall issue a written decision on administrative punishment; collection of fines, the issuance of municipal finance department should be uniformly printed Forfeiture receipt. Turned over to finance the required fines. Article 46 of these Regulations revoke the business license of the administrative penalty decision by the administrative department for industry and commerce; other administrative penalties by the technical supervision and administration department or the industrial and commercial administration departments in accordance with their respective terms of reference for the decision, in which thirty-fourth stipulates the punishment, the municipal Bureau of Technical Supervision decision. Laws and regulations on the exercise of the authority of administrative punishment otherwise provided, shall prevail. For the same offense shall not be repeated punishment. Article 47 of product quality supervision department staff at the law-enforcement inspection shall present administrative law enforcement documents, in accordance with prescribed procedures and methods of exercising supervision and inspection. Article 48 due to product quality problems occur when a civil dispute, the parties may be resolved through negotiation or mediation. Parties are unwilling to negotiation, mediation or negotiation or mediation fails, according to the agreement the parties to an arbitration institution for arbitration; parties fail to reach an arbitration agreement may apply to the people's court. Article 49 If a party refuses to accept the administrative punishment, administrative penalty may be receiving the written decision within 15 days from the date of the decision shall be made on an organ for reconsideration; party may also receive administrative penalty decision within fifteen days from the date directly to the people's court. Reconsideration organ shall, upon receiving the application for administrative reconsideration, make a reconsideration within sixty days from the date of the decision. Parties to the reconsideration decision, you can receive administrative reconsideration decision within 15 days from the date of the people's court. Reconsideration organ fails to make a reconsideration decision, the party may reconsideration within fifteen days from the date of expiry of the people's court. Party neither applies for reconsideration, nor the people's court, nor complies with the punishment decision, the decision shall be made by the people's court for enforcement. Article 50 in product quality supervision and management of staff abuse of power, dereliction of duty, harboring illegal activities, by their department or the higher authorities be given administrative sanctions; constitutes a crime, be held criminally responsible. 51 national staff abusing power, protecting and conniving production and sales of products listed in Article 20 of this Ordinance, the employer or its parent shall be given administrative sanctions; constitutes a crime, be held criminally responsible. Edit this paragraph Chapter VI Supplementary Provisions Article 52 The specific application of this Ordinance shall be interpreted Municipal Technical Supervision. Article 53 These Regulations October 1, 1994 into effect. Edit this paragraph Shanghai Municipal People's Congress Standing Committee Notice No. 46 "Shanghai Product Quality Regulations" by the 13th Shanghai People's Congress Standing Committee of the 33rd meeting of April 19, 2012, is hereby announced that Since September 1, 2012 shall come into force. Shanghai Municipal People's Congress Standing Committee April 19, 2012 Edit this paragraph Shanghai Product Quality Regulations (April 19, 2012 13th Shanghai People's Congress Standing Committee passed the 33rd meeting) Chapter I General Provisions Section a clear responsibility for product quality in order to enhance the product quality supervision and management, improve product quality, protect the legitimate rights and interests of consumers, maintain social and economic order, according to the "Product Quality Law" and other laws and administrative regulations , combined with the actual situation in the city, the enactment of this Ordinance. The second administrative area in the city engaged in product production, marketing and related activities and supervision of product quality should comply with the regulations. The term refers to products processed or manufactured for the sales of products. Construction NA provisions of this Ordinance; however, used construction building materials, components and equipment, the range of products belonging to the preceding paragraph, the applicable provisions of this Ordinance. Article producers and sellers is the main responsibility for the quality of products, it shall engage in the production, sales activities, integrity management, the community and the public, subject to administrative supervision and social supervision. The municipal, district and county people's governments should improve the quality of products put into the national economic and social development planning, to strengthen supervision over product quality leadership, organization and coordination of relevant departments of product quality supervision, protection of this Ordinance . Municipal People's Government of the quality and safety of the deployment procedure of coordinating body responsible for research, product quality and coordinated the work of the city's major issues. City of quality and technical supervision department heads Municipality of product quality supervision, district, county quality and technical supervision departments in accordance with the division of responsibilities and ensuring product quality supervision. The city industrial and commercial administrative departments circulation product quality supervision and management, other departments in their respective areas of responsibility for supervision of product quality. Laws and regulations on product quality supervision departments otherwise provided, in accordance with relevant laws and regulations implemented. Article Municipality encourages enterprises to adopt advanced technology and scientific quality management methods, improve product quality, and promote their own brand building. Municipality to enhance product quality and technology infrastructure, improve metrology, standardization and quality inspection and other technical agencies the ability and level; encourage and promote the quality inspection and testing of new technology research and development, product quality to provide technical support. Municipal, district and county people's governments shall establish and improve the quality of reward system. Advanced quality management and product quality has reached the international advanced level, notable achievements of units and individuals, as well as product quality inspection technology have made outstanding contributions to the units and individuals to give recognition and reward. Article VI encourage, support and protect the social supervision of product quality and public opinion. Investigation report is true and assistance on product quality violated the laws and regulations act active units and individuals, departments shall, according to state and city regulations rewarded. Chapter II producers, sellers responsibilities and obligations of Article VII Producers shall be responsible for the quality of products. Product quality shall meet the following requirements: (a) there is no threat to personal and property safety of unreasonable risk, there is protection of human health and personal and property safety of the national standards, industry standards or local standards, it shall comply with the standards; (two ) Products shall have the use of performance, but the existence of product defects of the property, except to note; (three) comply with the product or its packaging marked on product standards, compliance with product description, physical samples show quality status. Producers, sellers and service operators to provide gifts, prizes, shall comply with the provisions of this paragraph. Article VIII enterprises in the production activities, there is no national standards, industry standards or local standards, enterprise standards should be developed. Existing national standards, industry standards or local standards, encourage enterprises to establish more stringent national standards, industry standards or local standards of corporate standards applicable within the enterprise. Production of the product should be performed in line with its explicit standards. Article IX producer shall establish raw materials, components and products manufactured incoming inspection and acceptance inspection of product quality management system to ensure product quality and compliance with laws, regulations and standards. Producers should establish product quality files, faithfully recording raw materials and components incoming inspection and acceptance, factory inspection, sale, recycling disposal and so on. Article product or its logo on the packaging must be true, and meet the following requirements: (a) have a product quality inspection certificate; (two) with Chinese marked the product name, manufacturer name and address; (three) based on product characteristics and use requirements, you need to indicate the product specifications, grade, name of the major ingredients and content, with the Chinese be marked accordingly; need to let consumers know in advance, it should be marked on the packaging, or provide information to consumers in advance; (four) deadline for use of the product, it should be in a prominent position clearly marked with production date and safe use period or expiration date; (five) improper use, easy to cause the product itself is damaged or may jeopardize the personal and property safety of the product, there should be warning signs Or Chinese warning instructions; (six) production license system products, a production license signs and numbers; (seven) compulsory product certification system products, there are certification marks; (eight) should be marked in accordance with relevant provisions of the other content. Bare of food and other products based on the characteristics of the bare hard additional identification products, you can not attach product identification. Article XI sellers sales of imported products shall be marked with the Chinese product name, origin and the importer or the total distribution of the name and address; relationship to human health and personal and property safety, or for the use, maintenance products with special requirements should be with Chinese manual; deadline for use of the product, there should be Chinese expiration date indicated; imports of CKD or dispensing of products, product or packaging should be marked with the Chinese assembly or packing plant name and address . Article XII of machinery and equipment, instrumentation and structural complexity of consumer durables, should be based on product characteristics with installation, use, repair and maintenance instructions. Article XIII fragile, flammable, explosive, toxic, corrosive, radioactive and other hazardous materials as well as storage and transportation can not be inverted, and other special requirements of the product, its packaging quality must comply with the corresponding requirements, in accordance with relevant provisions of warning Chinese warning signs or instructions marked Storage Precautions. Article XIV seller shall establish and implement incoming inspection and acceptance system, and check product quality certificates and other identification, accurate records of incoming inspection and acceptance conditions. In accordance with laws and regulations to implement the production licenses or compulsory product certification system products, sellers should also check the license, certificate. Sellers shall take the necessary based on product characteristics safekeeping measures to maintain the quality of products sold. Article XV ban on the production and sale of the following products: (a) "Product Quality Law" and other relevant quality laws and regulations prohibit the production and sale of products; (two) does not meet the protection of human health and personal and property safety national standards, industry standards or local standards of product; (three) exceeds the safe use period or expiration date of the product; (four) false labeling production date, expiration date, or the safe use of the product; (five) forgery, fraudulent use of products product quality inspection certificate; (six) indicated no Chinese product name, manufacturer and the name and address of the manufacturer, except for products for export. Service operators in the operational service during the preceding paragraph shall not provide or use the product. Producers, sellers and service operator shall not be required the first paragraph of products as prizes, gifts. Article XVI sales of products sold by the quality of the implementation of its first responsibility. The products are sold in one of the following circumstances, the seller shall be responsible for the repair, replacement or return; damage caused to the consumer, it shall pay damages: (a) do not have the product should have the property is not stated in advance; (two) does not comply with the product or its packaging marked on product standards; (three) does not comply with product description, physical samples showed that the quality of the situation. Belonging to producer responsibility or provide products belong to the seller's responsibility to other sellers, the seller is entitled to producers, sellers provide products to other recourse. Article 17 If a defective product causes personal or property damage, the victim may seek compensation from producers, it can demand compensation from product sales. Are the responsibility of producers, product sellers compensation, product sales have the right to import goods producers or importers recovery. Imported products importer shall be entitled to recover those imported products to offer. The responsibility belongs to product sales, producers of compensation,2013 Football Boots Nike FC247 Collection Nike Bomba Finale II AG Orange White Sequoia Soccer Cleats Shoes , product producers the right to recourse against the seller. Article XVIII product into circulation after a batch producers informed of their make, model, or category of products may endanger human health and personal and property safety of unreasonable danger, should take the initiative to conduct investigations. Verify that the product is defective, the manufacturer shall promptly take warning, recall and other remedial measures, and the quality and technology supervision department. Encourage producers to other issues such as product quality, to carry out recall campaign. Article XIX Municipality encourages producers, sellers insurance-related product liability insurance, in order to improve product quality and product quality accident claims capability. Article XX organize trade fairs, or to provide venues for the sale of the facility, unit or individual, or the end of the trade fair venue, facilities lease expires, shall bear flaws, defects, quality of products liability, and may recover from the seller . Any unit or individual shall for the production and sale of the provisions of Article 15, paragraph products provide transportation, storage, warehousing and other facilities found producers, sellers have violated the law, it should be reported to the authorities, not connive , asylum. Article 21 in the printed product identification printing, making product identification, shall examine relevant are permitted to print and provide false identification of products shall not be provided to non-principal product identification. Chapter Twenty-two city administrative supervision of quality and technical supervision departments should jointly with the municipal industrial and commercial administration, economics of information technology, business, construction, transportation, public security and fire, health, food and drug administration, agriculture, finance and other administrative departments, organize the preparation city directories and focus on product quality control of product quality supervision and inspection of the city's plan. Focus on product quality control city directories, municipal quality and technical supervision departments to the public. Article 23 The quality and technology supervision department in accordance with the relevant provisions of state and city organization and implementation of product quality supervision and inspection, supervision and regularly publish the results. Supervision will focus on: (a) may endanger human health and personal and property safety; (two) affect the national economy and an important industrial products; (three) consumers, relevant organizations reflect the quality of the product. Article 24 The administrative department for industry and commerce in accordance with relevant regulations and city product quality supervision needs, circulation may endanger human health and personal and property safety, and consumer, relevant organizations reflect the quality of the product implementation of quality monitoring. Article 25 The relevant administrative departments to carry out supervision and inspection and quality monitoring should be coordinated to avoid duplication. Supervision and quality monitoring of the inspection work should entrust a qualified inspection agency; due to unexpected events, and other special circumstances, the required qualification test items outside the scope of inspection agencies, municipal quality and technical supervision departments can temporarily specify the detection ability of the test with the corresponding institutions undertake inspection work. Article 26 The municipal quality and technical supervision departments should be prepared in conjunction with relevant departments Municipality significant product quality and safety plans for handling accidents and accident investigation organization and coordination. Article 27 The inspection to determine the basis of product quality include: (a) national standards, industry standards, local standards and enterprise standards; (two) product identification, product packaging explicit content, or to the product description, physical samples, etc. quality indicated by the condition; (three) state and municipal quality and technical supervision departments approved product quality supervision technical specifications; (four) laws, regulations and other requirements. Article 28 shall be according to the law of product quality inspection agency according to standards, procedures and methods of testing, inspection data may not be forged and conclusions of the examination and inspection reports issued its legal responsibility. Product quality inspection agency shall not make recommendations of the producer's products; may not be the product of supervising other ways to participate in product sales business activities; shall not use supervision, quality monitoring test results carried out product recommendations, competitions and other activities to seek illegitimate interests . Article 29 producers and sellers on the conclusions of the examination have objections from the receipt of the conclusions of the examination within fifteen days, submit a written re-examination in accordance with state regulations apply. Recheck the original conclusion consistent with the conclusion, by the challenge of re-examination fee producers, sellers bear; recheck conclusion inconsistent with the original conclusion, recheck the expense of the administration department commissioned the inspection commitments. Producers, sellers made overdue re-examination application deemed to have accepted conclusions of the examination. Article 30 The supervision according to law, and quality monitoring of products of substandard quality, producers, sellers should be right inventory, in the sale of products to conduct a comprehensive clean-up, according to the law of substandard products, a written report to the relevant authorities the situation. Authorities may organize inspections. Supervision according to law substandard product quality, producers should be in accordance with the provisions of the rectification and apply for review. Producers justification fails to apply for review shall be deemed overdue correction, municipal quality and technical supervision departments to be announced; announcement even after rectification and review of the application, as has been inspected and the product quality is still unsatisfactory. Supervision organization found substandard products producers in other provinces, the municipal quality and technical supervision departments transferred the seat of the provincial producers quality and technology supervision department. Article 31 The quality and technology supervision department, industry and commerce administration department under suspicion of illegally obtained evidence has been, or report the suspected violation of these regulations when investigating the behavior may exercise the following powers: (a) the party is suspected in violation of the regulation of the production, sales activities, to perform on-site inspections; (two) for product sampling evidence; (three) to the parties of the legal representative, responsible person and other relevant personnel investigation, understanding and suspected violation of the provisions of the production, sales activities relevant circumstances; (four) Now, copy the relevant parties to contracts, invoices,Football Boots Soccer Cleats Shoes Messi 7 2013 Adidas F50 adizero TRX TF TPU Indoor Black , account books and other relevant information; (five) right there under that do not meet the protection of human health and personal and property safety of the national standards, industry standards or local standard products, or have other serious quality problems of products, as well as directly for the production and sale of such products, raw materials, packaging materials, production tools, is subject to seizure or seizure. Article 32 The Municipality to promote product quality credit system, the implementation of quality credit classification management, have a bad credit record producers and sellers to increase supervision and inspection frequency; carry out product quality and corporate self-declared work, corporate self-declaration does not match with the actual or fails to perform self-declaration, included in the bad credit record and shall be announced to the public. City departments should work together to strengthen the existence of violations of product quality supervision and management of enterprises. Quality and technical supervision, business administration, economics of information technology, business, construction, transportation, public security and fire, health, food and drug supervision, agriculture and other administrative departments shall establish a system of law enforcement information Chaogu. Product quality due to violation is a criminal investigation of the enterprise, the department shall receive Chaogu information in the annual license renewal examination and inspection, and related work to be prompt, and urge enterprises to the relevant departments to accept the deal. Article 33 The municipal, district and county quality and technology supervision department shall, jointly business administration, economics of information technology, business, construction, transportation, public security and fire, health, food and drug supervision, agriculture and other administrative departments regularly publish product quality situation analysis report . Chapter IV Article 34 social supervision units and individuals the right to report any quality problems. Authorities shall keep confidential. Quality and technical supervision departments, industrial and commercial administration departments and relevant departments should publish reports acceptable product quality contact; report on information received shall be promptly and completely recorded and properly preserved. Report Matters duties of the department belongs, shall be accepted and objective, impartial, and timely verification, processing, reply; does not belong to this department duties, they shall within five working days of the transfer of power to handle department and inform the whistleblower . Article 35 Consumers have the right product quality problems, to the producers, sellers query; to quality and technical supervision departments, industrial and commercial administration departments and relevant departments complaints department shall be responsible for receiving complaints handling. Article 36 to protect the interests of consumers of social organization can reflect consumer product quality issues suggested departments responsible in the relevant administrative departments of product quality supervision and inspection, to support consumer product quality due to the damage caused to the people's court. Article 37 radio stations, television stations, newspapers and Internet sites and other media to implement social supervision of product quality, product quality and knowledge to introduce consumers to publicize the product quality supervision and management laws, regulations, expose and criticize the production, sales, inspection violations. Article 38 industry associations should strengthen self-discipline, guide and supervise producers and sellers to operate and promote the integrity of the building industry, participation in standards development, to discover and to report the industry administrative departments of the outstanding problems of product quality and safety hazards , publicity and popularization of knowledge of product quality. Article 39 judicial, arbitral, administrative departments, handling disputes concerning product quality and product quality social groups dispute the parties need to be identified in product quality, product quality appraisal should be entrusted organizational units. Identification of organizational units Listings municipal quality and technical supervision departments to the public. Chapter V Legal Liability Article 40 acts in violation of the provisions of these Regulations, the relevant laws and administrative regulations have penalties shall apply its provisions. Article 41 violation of the provisions of Article 11 provides that products do not meet the requirements, or in violation of the provisions of Article 12 provides that the provisions are not in accordance with the attached specification, quality and technical supervision departments or by the administrative department for industry and commerce according to their respective Duties shall be ordered to make corrections; serious or refuse to correct, ordered to stop production, sales, the illegal production and sale value of the products to 30 percent fine; there is illegal income shall be confiscated. Article 42 producers, sellers and service operators to have one of the following circumstances, by the quality and technical supervision departments or commercial administrative departments shall be punished in accordance with their respective responsibilities: (a) violation of the provisions of Article 15 The second paragraph provides, production, sales do not meet the protection of human health and personal and property safety of the national standards, industry standards or local standards of products ordered to stop production, sale, confiscate the illegal production and sale of products, impose illegal production , sales of products (including both sold and unsold products, the same below) more than three times the value of the equivalent amount of a fine; there is illegal income shall be confiscated. (Two) violates the provisions of the third paragraph of Article 15 provides that sell more than the safe use of the product or the expiration date, in accordance with the "Product Quality Law" Article 52 on the sale of expired or deteriorated Product punishment shall be punished. (Three) in violation of the provisions of Article 15, paragraph fourth, fifth paragraph, production and sales of false label production date, expiration date, or the safe use of the product, or forgery, fraudulent use of product quality inspection certificate Products ordered to stop production, sale, confiscate the illegal production and sale of products, impose illegal production and sale of equivalent value of the products fined; illegal income, confiscate the illegal income. (Four) in violation of the provisions of Article 15, paragraph sixth paragraph, production, sales no Chinese marked the product name, manufacturer and the name and address of the manufacturer, shall be ordered to correct producers, sellers stop selling; refuse to correct or refuses to stop selling, the illegal production and sale value of the products to 30 percent fines; illegal income, confiscate the illegal income. (Five) in violation of the provisions of Article 15, paragraph 2, in the course of operational services provided or use prohibit the production, sale of products shall be ordered to stop using; knows or should know that the product is used in the Regulations prohibit production and sales of the product, in accordance with the illegal use of products (including those already used and unused product) of the value of the amount, in accordance with this Paragraph 2 to 4 penalties against sellers punishment. (Six) violation of article 15 of the Ordinance provides that the ban on the production and sales of products as gifts, prizes, and ordered to make corrections, confiscate the illegal prizes or gifts, prizes or gifts impose a total value of five percent ten imposed. Article 43 violation of the provisions of Article 20, paragraph 2, knows or ought to know these regulations prohibit the production and sale of products to provide transportation, storage, warehousing and other facilities, and the quality and technical supervision departments or industrial and commercial administration departments in accordance with their respective mandates, to be confiscated, over 50 percent of the illegal gains and impose a fine of three times. Article 44 violation of the provisions of Article 21, the logo printed in the printing, production of product identification does not examine relevant evidence, printing, providing false identification of products, or to non-clients to provide product identification by the quality and technical supervision departments or industrial and commercial administration departments in accordance with their respective duties shall be ordered to stop the printing, offering, confiscation of illegally printed or provide product identification and sales revenue, sales revenue may impose a fine of more than five times; constitutes a crime, be held criminally responsible. Article 45 inspection agencies, one of the following circumstances, the quality and technical supervision departments will be punished: (a) violation of the provisions of Article 28 stipulates that the falsification of test data and test conclusions, ordered to make corrections on Units 50,000 yuan to 100,000 yuan fine, the directly responsible person in charge and other directly responsible personnel at one million yuan 50,000 yuan fine; illegal income, confiscate the illegal income; serious , disqualified for inspection. (Two) violates the provisions of Article 28, paragraph 2, to the recommendations of the producers of products to producers and monitor sales and other ways to participate in product business activities, or the use of supervision, quality monitoring test results carried out product recommendations, competitions and other activities to seek illegitimate interests, ordered to correct, eliminate the impact of the illegal income shall be confiscated, you can double the illegal income and impose a fine; circumstances are serious, be disqualified for inspection. Article 46 violation of Article 50, paragraph 1, producers, sellers failing to clean up, handling nonconforming product, or not a written report to the authorities, by the quality and technical supervision departments or business administration departments in accordance with their respective mandates, one million yuan at 50,000 yuan. Article 47 offenses listed in this Ordinance, no sales revenue, illegal income or because they do not truthfully provide relevant information, resulting in sales revenue, illegal income is difficult to confirm the value of the amount can be more than one hundred thousand yuan at ten thousand yuan fine. Article 48 The product quality arises when a civil dispute, the parties may resolve through negotiation or mediation. Parties are unwilling to negotiation, mediation or negotiation or mediation fails, according to the agreement the parties to an arbitration institution for arbitration; party may also directly to the people's court. Article 49 national staff in product quality supervision and management of abuse of power, dereliction of duty, and their work units or higher authorities be given administrative sanctions; constitutes a crime, be held criminally responsible. Chapter VI Supplementary Provisions Article 50 These Regulations September 1, 2012 shall come into force. August 26, 1994 in Shanghai Tenth People's Congress Standing Committee 12th meeting, June 24, 1998 in Shanghai of the Eleventh People's Congress amended the 3rd meeting of the "Shanghai Product Quality Supervision Regulations "shall be repealed simultaneously. [1]
