Table of Contents

Chapter I General Provisions

Chapter II supervision of product quality

Chapter III producers, sellers of product quality responsibilities and obligations

      The first section of the producer's product quality responsibilities and obligations

   　The second section of the seller's product quality responsibilities and obligations

Chapter IV compensation for damages

Chapter V Penalties

Chapter 6 By-laws

Chapter I General Provisions

       In order to strengthen the supervision and management of product quality, improve product quality, clarify product quality responsibility, protect the legitimate rights and interests of consumers, and maintain social and economic order, the enactment of this Law.

       Article II in the People's Republic of China engaged in product production, sales activities, must comply with this Law.

       Products referred to in this Law refers to processing, production, for the sale of products.

       Construction projects do not apply to the provisions of this Law; however, the construction of construction materials, building components and equipment used in construction projects, which fall within the scope of the products specified in the preceding paragraph, the provisions of this Law shall apply.

       Article III producers, sellers shall establish and improve the internal product quality management system, the strict implementation of job quality specifications, quality responsibilities and the corresponding assessment methods.

       Article IV producers, sellers in accordance with the provisions of this Law to assume responsibility for product quality.

       Article V prohibits forgery or fraudulent use of certification marks and other quality marks; forgery of the origin of the product, forgery or fraudulent use of another's factory name, factory address; prohibit the production, sale of products in the adulteration, adulteration, fake as real, substandard.

       Article VI of the State encourages the implementation of scientific quality management methods, the use of advanced science and technology to encourage enterprises to meet and exceed industry standards, national standards and international standards for product quality.

       Advanced product quality management and product quality to achieve international advanced level, significant achievements of units and individuals, to give incentives.

       Article VII of the people's governments at all levels shall improve product quality into the national economic and social development planning, strengthen the overall planning and organizational leadership of product quality, guide and urge producers and sellers to strengthen product quality management, improve product quality, the organization of all relevant departments to take measures in accordance with the law to stop the production and sale of products in violation of the provisions of this Law, to protect the implementation of this Law.

      Article VIII of the State Council market supervision and management department in charge of national product quality supervision. Relevant departments of the State Council in their respective areas of responsibility for product quality supervision.

      Local market supervision and management departments above the county level is responsible for the supervision of product quality within the administrative region. The relevant departments of the local people's governments at or above the county level are responsible for product quality supervision within their respective areas of responsibility.

      The law on the supervision of product quality departments otherwise provided, in accordance with the provisions of relevant laws.

      Article IX of the people's governments at all levels and other state organs staff shall not abuse their powers, negligence or favoritism, harboring, indulging the region, the system occurs in the production and sale of products in violation of the provisions of this Law, or obstruct, interfere with the production and sale of products in violation of the provisions of this Law in accordance with the law to investigate and deal with.

      Local people's governments at all levels and other state organs have harbored, indulged in the production and sale of products in violation of the provisions of this Law, the main person in charge of the legal responsibility.

      Article 10 Any unit and individual has the right to violate the provisions of this Law, to the market supervision and management departments or other relevant departments to report.

      Market supervision and management departments and relevant departments shall maintain confidentiality for whistleblowers, and in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to give rewards.

      Article XI of any unit or individual shall not exclude non-regional or non-system enterprises produced by the quality of qualified products into the region, the system.

Chapter II supervision of product quality

      Article XII of the quality of products shall be tested and qualified, shall not be substandard products as qualified products.

      Article XIII may endanger human health and personal and property safety of industrial products, must comply with the protection of human health and personal and property safety of national standards, industry standards; no national standards, industry standards, must meet the requirements of the protection of human health and personal and property safety.

      Prohibit the production and sale of industrial products that do not meet the standards and requirements for the protection of human health and personal and property safety. Specific management measures shall be prescribed by the State Council.

      Article XIV of the State according to the international quality management standards, the implementation of the enterprise quality system certification system. Enterprises according to the voluntary principle can be recognized by the State Council market supervision and management departments or the State Council market supervision and management departments authorized by the department recognized by the certification body to apply for enterprise quality system certification. Certified and qualified, the certification body issued by the enterprise quality system certification.

      State reference to the international advanced product standards and technical requirements, the implementation of product quality certification system. Enterprises according to the principle of voluntary market supervision and management departments under the State Council recognized or the State Council market supervision and management departments authorized by the department recognized certification body to apply for product quality certification. Qualified by the certification body issued by the certification of product quality certification, allowing enterprises to use the product quality certification mark on the product or its packaging.

       Article XV of the State of product quality to the implementation of the main way of supervision and inspection system of sampling, may endanger human health and personal and property safety products, the impact of the people's livelihood of important industrial products and consumers, relevant organizations reflect the quality of products for random testing. Samples should be randomly selected in the market or the enterprise finished products in the warehouse to be sold. Supervision and sampling work by the State Council market supervision and management departments planning and organization. Local market supervision and management departments above the county level in the administrative region can also organize supervision and sampling. The law on product quality supervision and inspection of other provisions, in accordance with the provisions of the relevant laws.

       National supervision and sampling of products, the local shall not be repeated; supervision and sampling of products at the higher level, the lower level shall not be repeated.

       According to the need for supervision and sampling, the product can be tested. The number of samples taken for testing shall not exceed the reasonable need for testing, and shall not be charged to the inspected inspection costs. Supervision of the inspection costs required for sampling in accordance with the provisions of the State Council.

       Producers, sellers of sampling test results have objections, you can receive the test results within fifteen days from the date of implementation of supervision and inspection of the market supervision and management department or its parent market supervision and management department to apply for re-inspection, by the acceptance of re-inspection of the market supervision and management department to make the conclusion of the re-inspection.

       Article XVI of the supervision and inspection of product quality in accordance with law, the producer, seller shall not refuse.

       Article XVII in accordance with the provisions of this Law to carry out supervision and sampling of product quality failed, the implementation of supervision and sampling of market supervision and management departments ordered its producers, sellers to correct the deadline. Overdue corrections, market supervision and management departments of the provincial people's government or above to be announced; announcement after the review still failed, ordered to cease operations, a period of rectification; rectification period expired after the review of product quality still failed, revoke the business license.

        Supervision and sampling of products with serious quality problems, in accordance with the relevant provisions of Chapter V of this Law penalties.

        Article 18 of the market supervision and management departments above the county level, according to the evidence of suspected violations of the law has been obtained or reported, the suspected violations of the provisions of this Law to investigate and deal with, you can exercise the following powers.

       (A) the party suspected of engaging in violations of this Law, the production and sales activities of the premises to implement on-site inspections.

       (B) to the party's legal representative, the principal person in charge and other relevant personnel to investigate and understand the circumstances relating to the production and sales activities suspected of engaging in violations of this Law.

       (C) access, copy the parties concerned contracts, invoices, books of accounts and other relevant information.

       (D) on the basis that does not meet the protection of human health and personal and property safety of national standards, industry standards or other serious quality problems of the product, as well as directly for the production, sale of the product's raw and auxiliary materials, packaging, production tools, to be seized or impounded.

       Article XIX product quality inspection agency must have the appropriate testing conditions and capabilities, by the provincial people's government above the market supervision and management departments or its authorized departments after passing the examination, before undertaking product quality inspection work. Laws and administrative regulations on product quality inspection agencies otherwise specified, in accordance with the relevant laws and administrative regulations.

       Article 20 engaged in product quality inspection, certification of social intermediaries must be established in accordance with law, and shall not be affiliated with the administrative organs and other state organs or other interests.

       Article 21 The product quality inspection agencies, certification bodies must be in accordance with relevant standards, objective and impartial test results or certification certificate.

       Product quality certification bodies shall, in accordance with national regulations on the use of certification mark products allowed to follow up on the certification; certification standards do not meet the use of the certification mark, requiring it to correct; the circumstances are serious, the cancellation of the use of the certification mark qualification.

       Article 22 The consumer has the right to product quality issues, to the producer, seller of the product inquiries; to the market supervision and management departments and relevant departments to appeal, the department receiving the complaint shall be responsible for handling.

       Article 23 The protection of consumer rights and interests of social organizations can be reflected on the consumer's product quality problems recommended to the relevant departments responsible for handling, and support consumers of damage caused by product quality to the people's court.

       Article 24 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government of the market supervision and management departments shall regularly issue its supervision and sampling of the quality of the products announced.

       Article 25 The market supervision and management departments or other state organs and product quality inspection agencies shall not recommend the producer's products to the community; shall not be involved in product supervision, supervision and marketing activities.

Chapter III producers, sellers of product quality responsibilities and obligations

       The first section of the producer's product quality responsibilities and obligations

　　Article 26 The producer shall be responsible for the quality of the products it produces.

Product quality should meet the following requirements.

       (A) there is no unreasonable risk of endangering the safety of persons and property, there are national standards to protect human health and personal and property safety, industry standards should be in line with the standard.

       (B) with the product should have the use of performance, but, except for the existence of defects in the use of the product performance to explain.

       (C) in line with the product or its packaging indicates the use of product standards, in line with the product description, physical samples and other ways to indicate the quality status.

       Article 27 The product or its packaging must be true to the logo, and meet the following requirements.

       (A) there is a product quality inspection certificate.

       (B) have the Chinese marked product name, factory name and address of the manufacturer.

       (C) according to the characteristics of the product and the use of the requirements, the need to indicate the product specifications, grade, the name and content of the main ingredients contained in the Chinese corresponding to be marked; the need to let consumers know in advance, should be marked on the outer packaging, or advance to provide consumers with relevant information.

       (D) the use of products of limited duration, should be clearly marked in a prominent position the date of manufacture and the safe use period or expiration date.

       (E) improper use, which may easily cause damage to the product itself or may endanger the safety of persons or property products, there should be warning signs or Chinese warning instructions.

       Naked food and other characteristics of the product according to the product is difficult to attach a logo to the bare product, can not be attached to the product logo.

       Article 28 fragile, flammable, explosive, toxic, corrosive, radioactive and other dangerous goods, as well as storage and transportation can not be inverted and other products with special requirements, the quality of its packaging must meet the corresponding requirements, in accordance with relevant state regulations to make warning signs or Chinese warning instructions, marked with storage and transportation precautions.

       Article 29 The producer shall not produce products that the State expressly ordered to eliminate.

       Article 30 The producer shall not forge the origin, shall not forge or fraudulently use another's factory name, factory address.

       Article 31 The producer shall not forge or fraudulent use of certification marks and other quality marks.

       Article 32 The producer of products, shall not be adulterated, adulterated, shall not be false, substandard, shall not be substandard products as qualified products.

Section II of the seller's product quality responsibilities and obligations

       Article 33 The seller shall establish and implement a system of inspection and acceptance of incoming goods, identification of product certification and other identification.

       Article 34 The seller shall take measures to maintain the quality of the products sold.

       Article 35 The seller shall not sell the state explicitly eliminated and discontinued the sale of products and failure, deterioration of the product.

       Article 36 The seller of products sold by the logo shall comply with the provisions of Article 27 of this Law.

       Article 37 The seller shall not forge the origin, shall not forge or fraudulently use another's factory name, factory address.

       Article 38 The seller shall not forge or fraudulent use of certification marks and other quality marks.

       Article 39 The seller of products, shall not be adulterated, adulterated, shall not be false, substandard, shall not be substandard products as qualified products.

Chapter IV Damages

       Article 40 of the products sold in one of the following circumstances, the seller shall be responsible for repair, replacement, return; to the consumer who purchased the product caused damage, the seller shall compensate for the loss.

       (A) does not have the product should have the use of performance without prior explanation

       (B) does not meet the product standards used in the product or its packaging indicated.

       (C) does not meet the product description, physical samples and other ways to indicate the quality of the situation.

       The seller in accordance with the preceding paragraph is responsible for the repair, replacement, return, compensation for damages, the responsibility of the producer or other sellers of products belonging to the seller (hereinafter referred to as the supplier), the seller has the right to recover from the producer, the supplier.

       The seller does not give repair, replacement, return or compensation for damage in accordance with the provisions of the first paragraph, the market supervision and management department shall order rectification.

       Between producers, sellers, producers and sellers between the contract of sale and purchase, contract for contract has a different agreement, the parties to the contract in accordance with the contract implementation

Article 43 Due to defects in the product caused by personal, property damage to others, the victim can request compensation from the producer of the product, but also from the seller of the product for compensation. Belonging to the producer of the product's responsibility, the seller of the product compensation, the seller of the product has the right to recover from the producer of the product. Belong to the responsibility of the seller of the product, the producer of the product compensation, the producer of the product has the right to recover from the seller of the product.

       Article 44 of the victim's personal injury caused by a defective product, the aggressor shall compensate for medical expenses, the cost of care during treatment, reduced income due to loss of work and other expenses; resulting in disability, should also pay the disabled person to live self-help equipment, living expenses, disability compensation and the cost of living expenses necessary for the person supported by him; resulting in the death of the victim, and shall pay funeral expenses, death compensation As well as by the deceased's living expenses necessary for the maintenance of people.

       Defective products caused by the victim's property damage, the infringer shall restore the original state or discount compensation. The victim suffered other significant losses, the infringer shall compensate for the loss.

       Article 45 The period of limitation for compensation for damage caused by defective products is two years, calculated from the time the party knows or should know that its rights and interests are damaged.

       The right to claim compensation for damage caused by a defective product, in the damage caused by the defective product delivered to the initial consumer for ten years; however, except that has not exceeded the express period of safe use.

       Article 46 of this Law refers to defects, refers to the existence of products endangering personal and property safety of others unreasonable risk; products have to protect human health and personal and property safety of national standards, industry standards, is not in line with the standard.

       Article 47 When a civil dispute over product quality, the parties can be resolved through consultation or mediation. The parties do not want to solve through consultation, mediation or consultation, mediation fails, you can apply for arbitration to the arbitration institution according to the agreement of the parties; the parties have not reached an arbitration agreement or arbitration agreement is invalid, you can directly to the people's court.

       Article 48 The arbitration institution or the people's court may entrust the product quality inspection agency under Article 19 of this Law, the relevant product quality inspection.

Chapter V Penalties

       Article 49 The production and sale of products that do not meet the national standards for the protection of human health and personal and property safety, industry standards, ordered to stop production, sales, confiscate the illegal production, sales of products, and impose illegal production, sales of products (including sold and unsold products, the same below) the amount of goods worth more than three times the amount of fines; illegal income, and confiscate the illegal income; the circumstances are serious The revocation of business license; constitutes a crime, be held criminally responsible.

       Article 50 in the product adulteration, adulteration, fake as real, substandard, or substandard products as qualified products, ordered to stop production, sales, confiscate the illegal production, sales of products, and impose illegal production, sales of products more than fifty percent of the amount of goods worth more than three times the fine; illegal income, and confiscate the illegal income; the circumstances are serious, revoke the business license; constitutes a crime, the Pursuit of criminal responsibility in accordance with law.

       Article 51 The production of products to be phased out by the state, the sale of products to be phased out by the state and stop selling, ordered to stop production, sales, confiscate the illegal production, sales of products, and impose illegal production, sales of products equivalent amount of the amount of goods below the fine; illegal income, and confiscate the illegal income; the circumstances are serious, revoke the business license.

       Article 52 The sale of invalid, spoiled products, ordered to stop selling, confiscate the illegal sale of products, and impose a fine of two times the amount of the value of illegal sales of products; illegal income, and confiscate the illegal income; the circumstances are serious, revoke the business license; constitutes a crime, be held criminally responsible.

       Article 53 The origin of forged products, forged or fraudulent use of another's name, address, forgery or fraudulent use of certification marks and other quality marks, ordered to correct, confiscate the illegal production, sales of products, and impose illegal production, sales of products equivalent to the amount of the value of the fine; illegal income, and confiscate the illegal income; in serious cases, revoke the business license.

       Article 54 product identification does not comply with the provisions of Article 27 of this Law, ordered to correct; packaging product identification does not meet the provisions of Article 27 (d), (e), the circumstances are serious, ordered to stop production, sales, and illegal production, sales of products worth less than thirty percent of the fine; illegal income, and confiscate the illegal income.

       Article 55 The seller of the sale of the provisions of Articles 49 to 53 of this Law prohibit the sale of products, there is sufficient evidence that it does not know the product forbidden products and truthfully explain the source of its purchase, you can mitigate or reduce the penalty.

       Article 56 refuses to accept the product quality supervision and inspection according to law, give a warning, and order correction; refuses to correct, and order the suspension of rectification; the circumstances are particularly serious, revoke the business license.

       Article 57 The product quality inspection agencies, certification bodies to falsify test results or issue false certification, and order correction, the unit shall be fined more than 50,000 yuan or less than 100,000 yuan, the directly responsible supervisors and other directly responsible persons shall be fined more than 10,000 yuan or less than 50,000 yuan; illegal income, and confiscate the illegal income; the circumstances are serious, cancel its inspection qualification, certification; constitutes a crime of criminal liability shall be investigated.

       Product quality inspection agencies, certification bodies issued by the test results or proof of inaccuracy, resulting in losses, shall bear the corresponding liability for compensation; causing significant losses, revoke their inspection qualifications, certification qualifications.

       Product quality certification bodies violate the provisions of Article 21, paragraph 2 of this Law, the use of certification mark for products that do not meet the certification standards, not required by law to correct or cancel its use of the certification mark qualification, the product does not meet the certification standards to consumers caused by the loss, and the producer of the product, the seller bears joint and several liability; the circumstances are serious, the revocation of its certification status.

       Article 58 The social groups, social intermediaries on product quality to make promises, guarantees, and the product does not meet its promises, guarantees the quality requirements, causing damage to consumers, and the producer of the product, the seller bears joint and several liability.

       Article 59 In the advertising of product quality false propaganda, deception and misleading consumers, in accordance with the "Advertising Law of the People's Republic of China" provisions of the investigation of legal liability.

       Article 60 of the producer specifically for the production of Article 49 of this Law, Article 51 of the products listed in the product or counterfeit as genuine products of raw and auxiliary materials, packaging, production tools, shall be confiscated.

       Article 61 know or should know that the provisions of this Law prohibits the production, sale of products and provide transportation, storage, warehousing and other facilities, or to provide counterfeit products for the production of counterfeit technology, confiscate all transport, storage, warehousing or provide counterfeit production technology income, and impose a fine of more than fifty percent of the illegal income of three times; constitutes a crime, be held criminally responsible .

       Article 62 The operator of the service industry will be prohibited by the provisions of Articles 49 to 52 of this Law for the sale of products used in business services, ordered to stop using; know or should know that the products used belong to the products prohibited by this Law, in accordance with the amount of the value of the products used in violation of the law (including the products used and not yet used), in accordance with the penalty provisions of this Law on the seller.

       Article 63 The concealment, transfer, sale, destruction by the market supervision and management departments to seize, seize the goods, the concealment, transfer, sale, destruction of the amount of the goods value of the amount of more than three times the fine; illegal income, and confiscate the illegal income.

       Article 64 violation of the provisions of this Law, shall be liable for civil compensation and payment of fines, fines, its property is not enough to pay at the same time, the first civil liability for compensation.

       Article 65 The staff of the people's governments at all levels and other state organs have one of the following circumstances, shall be given administrative sanctions; constitutes a crime, be held criminally responsible according to law.

       (A) harboring, indulging in the production and sale of products in violation of the provisions of this Law

       (B) to engage in violations of the provisions of this Law production, sales activities of the parties tipped off to help them evade investigation and punishment

       (C) obstruct, interfere with the market supervision and management departments in accordance with the law on the production and sale of products in violation of the provisions of this Law to investigate and deal with, resulting in serious consequences.

       Article 66 The market supervision and management departments in the supervision and inspection of product quality more than the required number of samples or to the person being inspected to collect inspection fees, by the higher market supervision and management departments or supervisory organs ordered to return; the circumstances are serious, the directly responsible supervisors and other directly responsible persons shall be given administrative sanctions.

       Article 67 The market supervision and management departments or other state organs in violation of the provisions of Article 25 of this Law, to the community to recommend the producer's products or to supervise the production, supervision and marketing of products involved in business activities, by its superior authorities or supervisory organs to order correction, eliminate the impact of illegal income shall be confiscated; the circumstances are serious, the directly responsible supervisors and other directly responsible persons shall be given administrative sanctions. Administrative sanctions.

       Product quality inspection agencies have the violations listed in the preceding paragraph, the market supervision and management departments shall order correction, eliminate the impact of illegal income shall be confiscated, and may impose a fine of less than double the illegal income; the circumstances are serious, the revocation of its quality inspection qualifications.

       Article 68 The market supervision and management departments of the staff abuse of power, negligence, favoritism, constitutes a crime, shall be held criminally responsible; does not constitute a crime, shall be given administrative sanctions.

       Article 69 of the market supervision and management departments by violence, threatening methods to obstruct the staff of the market supervision and management departments to carry out their duties, shall be held criminally responsible; refusal, obstruction did not use violence, threatening methods, by the public security organs in accordance with the provisions of the Public Security Administration Punishment Law.

       Article 70 of this Law from Article 49 to Article 57, Article 60 to Article 63 of the administrative penalties provided by the market supervision and management departments to decide. Laws and administrative regulations on the exercise of administrative penalties otherwise provided by the authorities, in accordance with the provisions of relevant laws and administrative regulations.

       Article 71 The confiscation of products in accordance with the provisions of this Law, in accordance with relevant state regulations for destruction or other means of disposal.

       Article 72 of this Law, Articles 49 to 54, Article 62, Article 63 of the amount of the value of the illegal production and sale of products to the marked price; no marked price, calculated in accordance with the market price of similar products.

Chapter VI Bylaws

       Article 73 The supervision and management of military product quality, by the State Council, the Central Military Commission separately developed.

       Liability for damage caused by nuclear facilities, nuclear products, laws and administrative regulations otherwise provided for, in accordance with its provisions.

       Article 74 This Law shall come into force on September 1, 1993.