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Revision of Provisions on Sampling Inspection
2023.03.27Industry Knowledge

Product Quality Law revised on December 29, 2018


Article 4 Producers and sellers shall bear product quality responsibility in accordance with the provisions of this Law.


Article 16: Producers and sellers shall not refuse product quality supervision and inspection conducted in accordance with the law.


Article 17: If the quality of products subject to supervision and spot checks in accordance with the provisions of this Law is found to be unqualified, the market supervision and administration department implementing the supervision and spot checks shall order the producers and sellers to make corrections within a specified period of time. If the correction is not made within the prescribed time, the market supervision and management department of the people's government at or above the provincial level shall make a public announcement; If the announcement is still unqualified after re examination, it shall be ordered to suspend business and rectify within a time limit; If the product quality still fails to meet the standards after the rectification period, the business license shall be revoked.


Article 49: Those who produce or sell products that do not meet national or industry standards for safeguarding human health and personal and property safety shall be ordered to stop production and sales, the illegally produced or sold products shall be confiscated, and a fine of not less than three times the value of the illegally produced or sold products (including sold and unsold products, the same below) shall be imposed; If there are illegal gains, they shall be confiscated; If the circumstances are serious, the business license shall be revoked; Those who commit crimes shall be held criminally responsible in accordance with the law.


The Regulations of the People's Republic of China on Certification and Accreditation were revised on February 6, 2016


Article 67: If products listed in the catalog are manufactured, sold, imported, or used in other business activities without certification, they shall be ordered to make corrections and fined between 50000 yuan and 200000 yuan. If there are illegal gains, they shall be confiscated.


Article 71: Those who forge, falsely use, buy or sell certification marks or certificates shall be investigated and dealt with in accordance with the provisions of laws such as the Product Quality Law of the People's Republic of China.


Regulations on the Administration of Compulsory Product Certification (General Administration Order No. 117)


On July 3, 2009, the General Administration of Quality Supervision, Inspection and Quarantine of China issued the "General Administration Order No. 117 'Regulations on the Administration of Compulsory Product Certification'", which came into effect on September 1, 2009. Including regulations on certification implementation, certificate marking, supervision and management, penalties, etc


Article 19: Certification bodies shall, in accordance with the certification rules, classify and manage the tracking and inspection of certified products and their production enterprises based on factors such as the safety level of the certified products, product quality stability, and the good and bad records of the product manufacturing enterprises, and determine a reasonable frequency of tracking and inspection.


Article 22: The validity period of the certification certificate is 5 years. The certification body shall indicate on the certification certificate the website and telephone number for querying the annual inspection validity status based on its tracking and inspection of the certified products and their production enterprises. If the validity period of the certification certificate expires and needs to be extended, the certification client shall apply for processing within 90 days before the expiration of the certification certificate.


Article 29: If the certification certificate of a certified product is cancelled, suspended or revoked, the certification body shall determine the category and scope of the product that does not meet the certification requirements. From the date of cancellation or revocation of the self certification certificate or during the suspension period of the certification certificate, products that do not meet the certification requirements shall not continue to be manufactured, sold, imported, or used in other business activities.


Note: From the date of revocation of the self certification certificate, products covered by the certification certificate shall not be manufactured, sold, imported, or used in other business activities. The certification body shall evaluate the possible safety hazards of the product based on the reasons for certificate revocation. For those that may cause harm to human health and safety, they shall promptly notify the quality inspection department or take corresponding measures in accordance with relevant regulations.


Implementation Rules for Cancellation/Suspension/Revocation of Compulsory Product Certification Certificates "Announcement No. 19 of 2008 by the State Administration for Market Regulation, implemented on June 4, 2008


Article 49: If products listed in the catalog are manufactured, sold, imported, or used in other business activities without certification, the Market Supervision Bureau shall impose penalties in accordance with Article 67 of the Certification and Accreditation Regulations.             


Note: Article 67 of the Regulations on Certification and Accreditation stipulates that products listed in the catalog that have not been certified and are manufactured, sold, imported, or used in other business activities without authorization shall be ordered to make corrections and fined between 50000 and 200000 yuan. Any illegal gains shall be confiscated.


Article 54, Paragraph 3: Those who violate the provisions of Article 25 of these Regulations by failing to apply for the extension of the certification certificate to the certification body in accordance with the regulations, and leaving the factory, selling, importing or using products listed in the catalog in other business activities without authorization, shall be ordered by the market supervision bureau to make corrections and fined up to 30000 yuan.


Note: Article 25: If the certification client needs to expand the coverage of its certified products, it shall apply to the certification body for the extension of the certification certificate. The certification body shall verify the consistency between the extended products and the original certified products, and confirm the validity of the original certification results for the extended products. After confirmation of qualification, a separate certification certificate can be issued or a new certification certificate can be issued according to the requirements of the certification client.


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