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Product Quality Law of the People's Republic of China - 2000

(Adopted by the 30th Session of the Standing Committee of the Seventh National People's Congress on February 22, 1993, and amended in accordance with the Decision of the 16th Session of the Standing Committee of the Ninth National People's Congress on Revising the Product Quality Law of the People's Republic of China on July 8, 2000)

 

Contents

Chapter I General Provisions

Chapter II Product Quality Supervision

Chapter III Producer's and Seller's Liability and Commitment for Product Quality
Section 1 Producer's Liability and Commitment for Product Quality
Section 2 Seller's Liability and Commitment for Product Quality

Chapter IV Liability for Damage

Chapter V Penalty Provisions

Chapter VI Final Provisions

 

Chapter I General Provisions

Article 1
For the purposes of strengthening product quality supervision and control, raising the product quality level, clarifying the liability for product quality, protecting the legitimate rights and interests of consumers and safeguarding the socio-economic order, this Law is formulated.

Article 2
The engagement in production or sale activities of products in the territory of the People's Republic of China must comply with this Law.

For the purposes of this Law, product means the product which is processed or manufactured for sale.

The provisions of this Law are not applicable to construction projects; however, the provisions of this Law are applicable to materials, component parts and equipment for construction projects if they lie to the range of product within the meaning of the preceding paragraph.

Article 3
Every producer or seller shall establish and amplify his internal product quality management system and implement the job quality specifications, quality liability and connected assessment measures strictly.

Article 4
Producers and sellers assumes the liability for product quality pursuant to the provisions of this Law.

Article 5
It is forbidden to forge or to use illegally quality marks such as the certification mark; it is forbidden to forge the place of production of a product or to forge or to use illegally the factory name or address of another person; and it is forbidden to mix impurities or fakes into products produced or sold or to pass the fake product off as the genuine one or the shoddy product off as the high-quality one.

Article 6
The State encourages the practice of scientific quality management methods and the employment of advanced science and technology, and encourages the enterprises' product quality coming up to or exceeding the sector, national and international standards.

Units and individuals having advanced product quality management, internationally advanced product quality and outstanding achievements are rewarded and praised.

Article 7
People's governments at all levels shall incorporate the product quality improvement into the national economic and social development plan, strengthen the overall planning, organizing and leadership of the product quality work, guide and urge producers and sellers to strengthen their product quality management and to improve their product quality, organize all relevant departments to take measures according to law and to prevent the acts of violating this Law in the production and sale of products, and ensure the operation of this Law.

Article 8
The State Council's supervisory department for product quality is in charge of the product quality supervision work throughout the country. Relevant departments of the State Council are responsible for the product quality supervision work within their respective spheres of responsibility and authority.

Local supervisory departments for product quality at or above the county level are in charge of the product quality supervision work within their respective administrative areas. Relevant departments of local people's governments at or above the county level are responsible for the product quality supervision work within their respective spheres of responsibility and authority.

If any other law provides otherwise on the supervisory department for product quality, the provisions of the said law govern.

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Article 9
No servant of people's governments and other State organs at all levels may abuse their powers of office, neglect their duties or practice favoritism or irregularities for shielding or tolerating the acts of violating the provisions of this Law in the production or sale of products within their respective areas or sectors or obstructing or intervening in the investigation and punishment into the acts of violating the provisions of this Law in the production and sale of products.

If the local people's government at any level or any other State organ has an act of shielding or tolerating the violation of the provisions of this Law in the production or sale of a product, its principal responsible person is demanded for legal liability according to law.

Article 10
Any unit or individual is entitled to report an act of violating the provisions of this Law to the supervisory department for product quality or any other relevant department.

Supervisory departments for product quality and relevant departments shall keep confidential for reporters and give rewards and praises thereto according to the provisions of provinces, autonomous regions and municipalities directly under the Central Government.

Article 11
No unit or individual may refuse a quality-acceptable product produced by an enterprise of non-local area or sector to enter its own area or sector.

 

Chapter II Product Quality Supervision

Article 12
The product quality shall be inspected and acceptable, and the nonconforming product may not be passed off as the acceptable product.

Article 13
Industrial products which might endanger the health and personal or property safety must comply with the national or sector standards for safeguarding the health and personal or property safety; and in case of absence of such national or sector standards, they must comply with the requirements for safeguarding the health and personal or property safety.

It is forbidden to produce or to sell industrial products which fail to comply with the standards and requirements for safeguarding the health and personal or property safety. The concrete measures therefor are provided by the State Council.

Article 14
The State practices the enterprise quality system certification according to the internationally used quality management standards. Pursuant to the principle of its own accord, an enterprise may apply for the enterprise quality system certification to a certifying body approved by the State Council's supervisory department for product quality or by its authorized department. If an enterprise passes the certification, the certifying body issues a document of enterprise quality system certification thereto.

The State practices the product quality certification system by reference to the internationally advanced product standards and technical requirements. Pursuant to the principle of its own accord, an enterprise may apply for the product quality certification to a certifying body approved by the State Council's supervisory department for product quality or by its authorized department. If the enterprise passes the certification, the certifying body issues a document of product quality certification thereto and the enterprise is allowed to put the product quality certification mark on its products or packages.

Article 15
The State adopts the supervisory inspection system for product quality with the spot check as its main form and imposes the spot check on the products which might endanger the health and personal or property safety, the key industrial products which have a bearing on the national economy and the people's livelihood and the products of which quality problems are reported by consumers or interested organizations. Samples therefor shall be taken randomly from the products ready for sale in the market or in the enterprise's finished products warehouse. The supervisory spot check work is planned and organized by the State Council's supervisory department for product quality. Local supervisory departments for product quality at or above the county level may also organize the supervisory spot check within their respective administrative areas. If any other law provides otherwise on the supervisory inspection over product quality, the provisions of the said law govern.

If the State imposes the supervisory spot check on a product, the locality may not make a repeated spot check separately thereon; and if the superior department imposes the supervisory spot check on a product, the lower department may not make a repeated spot check separately thereon.

Products may be inspected as required by the supervisory spot check. The number of samples taken for such inspection may not exceed the reasonable demand therefor, and no inspection expense may be collected from the party being inspected. Inspection expenses needed by the supervisory spot check are recorded and paid according to the State Council's provisions.

A producer or seller disagreeing with the inspection result in the sport check may, within 15 days from the day of receiving the inspection result, apply for a re-inspection to the supervisory department for product quality which makes the supervisory spot check or to its superior supervisory department for product quality, and the supervisory department for product quality which accepts the re-inspection application gives a re-inspection conclusion.

Article 16
No producer or seller may refuse the supervisory inspection imposed on the product quality according to law.

Article 17
If the quality of a product fails to pass the supervisory spot check imposed according to the provisions of this Law, the supervisory department for product quality which imposes the supervisory spot check orders the producer or seller to make corrections within a given time limit. If he fails to do so as scheduled, the supervisory department for product quality of the people's government at or above the provincial level issues a public announcement; if the quality fails to pass the re-inspection after announcement, he is ordered to suspend for rectification within a given time limit; and if the quality still fails to pass the re-inspection at the expiry of the given time limit, his business license is revoked.

If a product has a serious quality problem through the supervisory spot check, punishment is given according to the relevant provisions of Chapter V of this Law.

Article 18
When a supervisory department for product quality at or above the county level investigates and punishes an act suspected of violating the provisions of this Law depending on the evidences of the suspected violation already obtained or reports received, it may perform the following duties and powers:

1. to carry out on-the-spot inspection over the site where the party concerned suspected of engaging in production and sale activities of violating this Law;

2. to investigate into and inquire about the production and sale situation suspected of violating this Law from the legal representatives and principal responsible persons of the party concerned and other related persons;

3. to consult and duplicate relevant contracts, invoices, books and other related materials of the party concerned; and

4. to seal up or detain those products which are considered, based on the evidences, nonconforming to the national or sector standards for safeguarding the heath and personal or property safety, products which have other serious quality problems as well as raw materials, auxiliary materials, packaging materials and means of production directly used for the production and sale of the said product.

When investigating and punishing an act suspected of violating the provisions of this Law according to the spheres of responsibility and authority defined by the State Council, the administrative department for industry and commerce at or above the county level may perform the duties and powers set forth in the preceding paragraph.

Article 19
A product quality inspection body must have required inspection facilities and capability and can engage in the product quality inspection work only after it passes the examination from the supervisory department for product quality of the people's government at or above the provincial level or its authorized department. If any other law or administrative regulations provide otherwise on the product quality inspection body, the provisions of the said law or administrative regulations govern.

Article 20
All social intermediary agencies engaging in product quality inspection or certification must be established according to law and may not have a subordination relationship or any other interest relationship with any administrative organ or any other State organ.

Article 21
Product quality inspection or certifying bodies must, in accordance with relevant standards, objectively and fairly produce inspection results or certification documents according to law.

Product quality certifying bodies shall, in accordance with the State's provisions, carry out after-certification tracking inspection on the products allowed to use the certification marks; Any use of certification marks failing to comply with the certification standards shall be demanded for corrections; and if the circumstance is serious, the qualifications for using certification marks are revoked.

Article 22
Consumers have the right to make inquiries to producers and sellers about the product quality; and to make complaints to the supervisory departments for product quality, the administrative departments for industry and commerce and relevant departments. The departments which accept the complaints shall be responsible for handling.

Article 23
Social organizations for protecting the rights and interests of consumers may suggest to the relevant departments to handle the matters concerning the product quality reported by consumers, and support consumers in bringing suits before people's courts on the damage caused by the product quality.

Article 24
The supervisory departments for product quality of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall periodically issue public announcements on the quality conditions of products supervised and inspected.

Article 25
The supervisory departments for product quality or other State organs and product quality inspection bodies may not recommend the products of producers to the social public; and may not take part in the product marketing activities under the name of supervisory production or supervisory sale.

 

Chapter III Producer's and Seller's Liability and Commitment for Product Quality

Section 1 Producer's Liability and Commitment for Product Quality

Article 26
Producers shall be liable for the quality of products they produce.

The quality of a product shall satisfy the following requirements:

1. being free from unreasonable dangers to the personal or property safety, and conforming to the national or sector standards for safeguarding the health and personal or property safety if such standards are available;

2. possessing the properties and functions for use that they ought to possess, except for those with directions stating the defects in the functions of the product; and

3. conforming to the product standards marked on the product or on the package thereof, and to the quality conditions indicated by way of product directions and physical sample.

Article 27
Every identification on a product or on the package thereof must be authentic and satisfies the following requirements:

1. having the certificate showing that the product has passed quality inspection;

2. having the name of the product and the name and address of the manufacturer factory in Chinese language;

3. having Chinese identification accordingly if it is, in accordance with the characteristics of a product and use requirements, necessary to indicate the specifications and grade of the product, and the name and content of principal components; and when it is necessary for consumers to know in advance, it shall be indicated on the outer package of the product, or relevant materials shall be offered to consumers in advance;

4. having the date of production and the period of safe use or date of invalidity indicated clearly at an obvious place if the use of a product is limited to a certain period; and

5. having a warning mark or warning explanatory words in Chinese language if a product, due to improper use, might cause damage to the product itself or might endanger the personal or property safety.

Food products without package and other primarily packed products that are difficult to be marked because of their characteristics could not be attached with such product identifications.

Article 28
The package quality of dangerous products such as fragile, inflammable, explosive, toxic, corrosive and radioactive products, products that should be kept upright during storage and transportation and other products with special requirements shall satisfy the corresponding requirements, and warning marks or warning explanatory words in Chinese language and matters of attention for storage and transportation are given according to the State's relevant provisions.

Article 29
No producer may produce a product that has been officially eliminated by the State.

Article 30
No producer may forge the place of production, and may forge or use illegally any other producer's name or address.

Article 31
No producer may forge or use illegally quality marks such as the certification mark.

Article 32
No producer may, in the production of a product, mix impurities or fakes into the product, substitute the fake product for the genuine one, the shoddy product for the high-quality one, and pass the nonconforming product off as the acceptable one.

Section 2 Seller ??s Liability and Commitment for Product Quality

Article 33
Sellers shall set up and implement the acceptance inspection system when they receive products and examine the quality certificate and other identifications of products.

Article 34
Sellers shall take measures to maintain the quality of products for sale.

Article 35
No seller may sell a product that has already been officially eliminated by the State or an invalid or deteriorated product.

Article 36
The identifications of products being sold by sellers shall comply with the provisions of Article 27 of this Law.

Article 37
No seller may forge the place of production and may forge or use illegally any other producer's name or address.

Article 38
No seller may forge or use illegally quality marks such as certification mark.

Article 39
No seller may, in the sale of a product, mix impurities or fakes into the product, substitute the fake product for the genuine one, the shoddy product for the high-quality one, or pass the nonconforming product off as the acceptable one.

 

Chapter IV Liability for Damage

Article 40
A seller shall be liable for repair, replacement or refund if he sells a product under any of the following circumstances; and if the product causes a damage to the consumer, the seller shall be liable therefor:

1. failing to have the usable property the product ought to have and the prior explanations;

2. failing to comply with the product standards indicated on the product or its package; or

3. failing to satisfy the quality conditions indicated by way of product directions or sample.

After the seller fulfilled its liability for repair, replacement, refund or damage in accordance with the provisions of the preceding paragraph and if it lies to the liability of the producer or any other seller who supplies the product (hereinafter cited as the supplier), the seller has the right to seek compensation from the producer or the supplier.

If the seller fails to make the repair, replacement, refund or compensation according to the provisions of the first paragraph, the supervisory department for product quality or the administrative department for industry and commerce orders the said seller to make corrections.

If a sale contract or processing contract concluded between the producers, the sellers or the producer and the seller contains different stipulations, the parties to the contract shall perform according to the stipulations of the contract.

Article 41
If a personal injury or damage to a property other than the defective product itself (hereinafter cited as the other's property) is caused by the defect of a product, the producer shall be liable for the injury or damage.

The producer is not liable for damage if he can prove any of the following circumstances:

1. The product is not put into circulation;

2. The defect causing the damage did not exist at the time when the product was put into circulation; or

3. The science and technology at the time when the product was put into circulation was at a level incapable of detecting the defect.

Article 42
A seller shall be liable for a personal injury or damage to the other's property caused by a product's defect resulted from the fault of the seller.

A seller shall be liable for damage if he can not give the producer or the supplier of the defective product.

Article 43
If the defect of a product causes personal injury or damage to other's property, the injured or damaged person may claim compensation from the producer of the product or may also claim compensation from the seller of the product. If the compensation lies to the liability of the producer of the product but the seller of the product has made the compensation, the seller of the product has the right to seek the compensation from the producer of the product. If it lies to the liability of the seller of the product but the producer of the product has made the compensation, the producer of the product has the right to seek the compensation from the seller of the product.

Article 44
If the defect of a product causes personal injury to the injured person, the injurer shall compensate for the medical expenses, the nursing fees during the period of treatment and income lost due to the miss of work; if it causes the disability of the injured person, the injurer shall pay the fees for self-aid tools, living allowance, compensation for the disability and the living expenses for the persons the injured person supports; and if it causes the death of the injured person, the injurer shall pay the funeral expenses, the pension for the family of the deceased and the living expenses necessary for the persons supported by the deceased before his death.

If the defect of a product causes damage to the property of the injured person, the injurer shall restore the damaged property to its original state or pay compensation according to the market price. If the injured person suffers other substantial damages therefrom, the injurer shall be liable therefor.

Article 45
The limitation period of action for claiming compensation for damage caused by the defect of a product is two years, counting from the date on which the party concerned knows or should know the infringement of his rights and interests.

The right to claim damages resulting from the defect of a product ceases to exist upon the expiry of a period of ten years from the date on which the defective product causing the damage is delivered to the first consumer, except where the period for safe use clearly indicated has not expired.

Article 46
For the purpose of this Law, defect means the unreasonable danger existing in a product that endangers the personal or other's property safety; and if national or sector standards for safeguarding the health and personal or property safety are available, it means any unconformity to such standards.

Article 47
If a civil dispute arises from the product quality, the parties concerned may settle it through negotiation or mediation. Should the parties be unwilling to resort to negotiation or mediation or the negotiation or mediation be unsuccessful, they may apply to an arbitration organization for arbitration according to their agreement; and if the parties concerned fail to reach such an arbitration agreement or such agreement is invalid, they may directly initiate an action before a people's court.

Article 48
The arbitration organization or the people's court may ask the product quality inspection body set forth in Article 19 of this Law to conduct the related product quality inspection.

 

Chapter V Penalty Provisions

Article 49
Anyone who produces or sells a product failing to comply with the relevant national or sector standards for safeguarding the health and personal or property safety is ordered to stop the production or sale, is confiscated of the product illegally produced or sold and concurrently is imposed a fine equivalent to but less than three times of the value amount of the product illegally produced or sold (including the product already sold and not yet sold, the same hereinafter); is confiscated of his illegal gains concurrently if any; is revoked his business license if the circumstance is serious; and is demanded for criminal responsibility according to law if a crime is constituted.

Article 50
Anyone who mixes impurities or fakes into a product or passes a fake product off as genuine one, a shoddy product as a high-quality one or a nonconforming product as an acceptable one, is ordered to stop the production or sale, is confiscated of the product illegally produced or sold and concurrently is imposed a fine exceeding 50% but not exceeding three times of the value amount of the product illegally produced or sold; is confiscated of his illegal gains concurrently if any; is revoked his business license if the circumstance is serious; and is demanded for criminal responsibility according to law if a crime is constituted.

Article 51
Anyone who produces a product which is officially eliminated by the State or sells a product which is officially eliminated by the State and stopped sale is ordered to stop the production or sale, is confiscated of the product illegally produced or sold and concurrently is imposed a fine not exceeding the value amount of the product illegally produced or sold; is concurrently confiscated of his illegal gains therefrom if any; and is revoked his business license if the circumstance is serious.

Article 52
Anyone who sells an invalid or a deteriorated product is ordered to stop the sale, is confiscated of the product illegally sold and concurrently is imposed a fine not exceeding two times of the value amount of the product illegally sold; is concurrently confiscated of his illegal gains therefrom if any; is revoked of his business license if the circumstance is serious; and is demanded for criminal responsibility according to law if a crime is constituted.

Article 53
Anyone who forges the place of production of a product, forges or uses illegally the name or address of any other factory, forges or uses illegally quality marks such as certification mark, is ordered to make corrections, is confiscated of the product illegally produced or sold and concurrently is imposed a fine equivalent to the value amount of the product illegally produced or sold; is confiscated concurrently of his illegal gains therefrom if any; and is revoked his business license if the circumstance is serious.

Article 54
Anyone whose product identifications fail to comply with the provisions of Article 27 of this Law is ordered to make corrections; and anyone whose packaged product identifications fail to comply with the provisions of Article 27.4 or 5 of this Law is ordered to stop the production or sale and concurrently is imposed a fine not exceeding 30% of the value amount of the product illegally produced or sold if the circumstance is serious; and is concurrently confiscated of his illegal gains therefrom if any.

Article 55
The seller of a product forbidden by the provisions of Articles 49 to 53 of this Law may be given lenient punishment or reduced punishment if he has sufficient evidences proving that he has no knowledge of the product forbidden for sale and could give the source of the product.

Article 56
Anyone who refuses to accept product quality supervisory inspection imposed according to law is given a warning and ordered to make corrections; is ordered to suspend operation for rectification if he refuses to make corrections; and is revoked his business license if the circumstance is extremely serious.

Article 57
If a product quality inspection or certifying body forges an inspection result or issues a false document, it is ordered to make corrections, the unit is imposed a fine exceeding 50,000 yuan but not exceeding 100,000 yuan and the principal person directly responsible and other persons directly responsible are imposed a fine exceeding 10,000 yuan but not exceeding 50,000 yuan; is concurrently confiscated of its illegal gains therefrom if any; is revoked its qualifications for inspection or certification if the circumstance is serious; and is demanded for criminal responsibility according to law if a crime is constituted.

If a product quality inspection or certifying body issues a untrue inspection result or certification, thus causing a damage, it shall be liable therefor accordingly; if serious damage is caused, its inspection or certification qualifications are revoked.

If a product quality certifying body, in violation of Paragraph 2 of Article 21 of this Law, fails to demand a product which is not in compliance with the certification standards but uses the certification mark to make corrections or to revoke its qualifications for using certification mark according to law, it is liable jointly and severally for with the producer or seller of the product for damage caused to the consumer by the unconformity of the product to the certification standards; and its qualifications for certification are revoked if the circumstance is serious.

Article 58
A social group or social intermediary agency which makes a promise or guarantee over the quality of a product that fails to meet the promised or guaranteed quality requirements, thus causing a damage to the consumer, is liable therefor jointly and severally with the producer or seller of the said product.

Article 59
If an advertisement makes false publicity over the quality of a product, thus deceiving or misleading the consumer, legal liability is demanded for according to the provisions of the Advertising Law of the People's Republic of China.

Article 60
Raw and supplementary materials, packaging materials and means of production used by producers to exclusively make the products listed in Articles 49 and 51 of this Law or the fake products passing off as the genuine one shall be confiscated.

Article 61
Anyone who knows or should know a product of which production or sale is forbidden by the provisions of this Law but provides convenience for its transportation, keeping or warehousing or provides production technologies to pass off the fake product as the genuine one, is confiscated of all his proceeds from transportation, keeping or warehousing or providing such production technologies and is concurrently imposed a fine exceeding 50% but not exceeding three times of the illegal proceeds; and if a crime is constituted, is demanded for criminal responsibility according to law.

Article 62
An operator in the service sector who uses a product forbidden for sale by the provisions of Articles 49 to 52 of this Law for his business services is ordered to stop the use; and if the operator knows or should know that the product is forbidden for use by the provisions of this Law, he is punished according to the value amount of the product illegally used (including those already used and not yet used) and the provisions of this Law on the punishment for the seller.

Article 63
Anyone who conceals, transfers, sells or destroys a product sealed up or detained by the supervisory department for product quality or by the administrative department for industry and commerce is imposed a fine exceeding the value amount but not exceeding three times of the value amount of the said product; and concurrently is confiscated of his illegal gains therefrom if any.

Article 64
Anyone who, due to violation of the provisions of this Law, shall be liable for civil compensation and pay penalty fines is liable for the civil compensation first if his property is insufficient to pay them all simultaneously.

Article 65
A servant of the people's government at any level or of any other State organ is given administrative sanctions according to law if he is under any of the following circumstances; and if a crime is constituted, he is demanded for criminal responsibility according to law:

1. to shield or tolerate an act of violating the provisions of this Law in the production or sale of a product;

2. to give information to a party involved in a production or sale activity in violation of the provisions of this Law to help him escape inspection and punishment; or

3. to obstruct or interfere into the investigation or punishment by the supervisory department for product quality or the administrative department for industry and commerce on the act of violating the provisions of this Law in the production or sale of the product, thus causing a serious result.

Article 66
If a supervisory department for product quality asks for samples in excess of the prescribed amount or an inspection fee from a party being inspected in the course of supervisory spot check over the quality of a product, the supervisory department for product quality at the higher level or the supervisory organ orders it to return the samples; and if the circumstance is serious, the principal person directly responsible and other persons directly responsible are given administrative sanctions according to law.

Article 67
If a supervisory department for product quality or any other State organ, in violation of the provisions of Article 25 of this Law, recommends a product of a producer to the social public or takes part in a business operation in the form of supervised production or supervised sale, the organ at the higher level or the supervisory organ orders it to make corrections and to eliminate the influence, and confiscate its illegal gains therefrom if any; and if the circumstance is serious, the principal person directly responsible and other persons directly responsible are given administrative sanctions according to law.

If a product quality inspection body commits any of the illegal acts listed in the preceding paragraph, the supervisory department for product quality orders it to make corrections and to eliminate the influence, confiscate its illegal gains therefrom if any; and concurrently may impose a fine not exceeding one times of its illegal gains thereon; and if the circumstance is serious, its quality inspection qualifications are revoked.

Article 68
A servant of a supervisory department for product quality or of an administrative department for industry and commerce who abuses his power of office, neglects his duty or practices favoritism or irregularities, thus constituting a crime, is demanded for criminal responsibility according law; and is given administrative sanctions according to law if no crime is constituted.

Article 69
Anyone who obstructs, by means of violence or intimidation, the servant of the supervisory department for product quality or the administrative department for industry and commerce to perform the official duty according to law is demanded for criminal responsibility according to law; and if no means of violence or intimidation is resorted to in refusing or obstructing, he is punished by the public security organ in accordance with the provisions of the Regulations on Penalties for Public Security.

Article 70
The administrative penalty of revocation of the business license under this Law is decided by the administrative department for industry and commerce, and the administrative penalties under Articles 49 to 57 and Articles 60 to 63 of this Law are decided by the supervisory department for product quality or the administrative department for industry and commerce according to the spheres of powers provided by the State Council. If laws and administrative regulations contain otherwise provisions on the exercise of the right to give administrative penalties, such provisions of the relevant laws and administrative regulations govern.

Article 71
Products confiscated according to the provisions of this Law are destroyed or disposed of in other methods according to the relevant provisions of the State.

Article 72
The value amount of the product mentioned in Articles 49 to 54, Article 62 and Article 63 of this Law is calculated according to the posted price of the product illegally produced or sold; and in absence of such posted price, is calculated according to the market price of the product of the same type.

 

Chapter VI Final Provisions

Article 73
Measures for supervision and control over the quality of military industrial products are formulated separately by the State Council and the Central Military Commission.

With respect to the liability for damages caused by nuclear facilities or nuclear products, the provisions of other laws and administrative regulations prevail if they contain such provisions.

Article 74
This Law enters into operation on September 1, 1993.

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