Management Methods Of State Supervision And Spot Checks On Product Quality

general provisions
　　
Article 1 in order to strengthen the supervision and management of product quality and standardize the state supervision and spot check of product quality (hereinafter referred to as "state supervision and spot check"), these measures are formulated in accordance with the provisions of the product quality law, the standardization law and the metrology law.
　　
Second, the state supervision and spot check of product quality must abide by these measures. The export commodities shall be handled according to the relevant regulations.

The third national supervision and spot check is that the product quality supervision department of the State Council shall organize, according to law, the activities of the provincial level quality and technical supervision departments and the product quality inspection institutions for the production and sale of products, sampling and inspection according to the relevant regulations, and the announcement and handling of the results of the inspection according to law. State supervision and spot check is one of the main ways for the state to supervise and inspect the quality of products.

The fourth national supervision and spot checks are divided into two types: the state supervision and spot checks implemented on a regular basis and the special spot checks by the state supervision, which are not implemented regularly.
The implementation of the national supervision and spot checks is carried out once a quarter, and the state supervision spot checks are conducted on an irregular basis according to the quality of the products.

The fifth state administration of quality supervision, inspection and Quarantine (hereinafter referred to as the AQSIQ) is responsible for organizing and implementing the state supervision and spot check work, and Issuing the state supervision and spot checks. The relevant local quality and technical supervision departments and the product quality inspection institutions that meet the requirements of the product quality law are entrusted by the AQSIQ to undertake the sampling work of the state supervision and spot check samples; the relevant product quality inspection institutions in conformity with the product quality law are responsible for the inspection work of the state supervision and spot check samples; the provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as the provincial quality and technology supervision departments) undertake the relevant work of the state supervision and spot check in the administrative region according to the requirements of the AQSIQ.

Sixth the quality inspection activities of the State Council departments or local organizations shall not be carried out in the name of state supervision and spot checks, and the issuance of quality random inspection shall not be labeled as "state supervision and spot check".

The quality of the seventh national supervision spot checks is based on the national standards, industry standards, local standards and relevant provisions of the state, as well as the enterprise standards or quality commitments expressed by the enterprises. When the standards of safety and hygiene in the enterprise standards or quality commitments expressly adopted by enterprises are lower than the mandatory national standards, compulsory industrial standards, compulsory local standards or relevant state regulations, the mandatory national standards, industry standards, local standards or relevant state regulations shall be taken as the basis for quality determination. In addition to the requirements of mandatory standards or requirements of relevant state regulations, the standards or quality commitments adopted by enterprises can be used as the basis for quality determination.
If there is no corresponding mandatory standard, the enterprise standard and the quality promise expressed by the enterprise, the corresponding recommendation national standard and the industry standard shall be taken as the basis for determining the quality.

The sample of eighth samples supervised by the State shall be provided free of charge by the unit being sampled, and the number of samples taken shall not exceed the reasonable requirements for inspection.

Ninth enterprises that have been selected by spot checks shall actively cooperate with the state supervision and spot check work. The samples which are not allowed to be carried must be sent to the inspection institution by the spot checks enterprises. The enterprise shall not refuse state supervision spot check and refuse to send or send sealed samples without proper reasons.

Tenth state supervision and spot checks do not charge inspection fees to enterprises, and the expenses for state supervision and spot checks are arranged by the financial department to arrange special funds. The state supervision and spot check funds specially allocated by the financial department shall be managed and used by the AQSIQ.

Eleventh, within six months from the date of sampling, all industries, departments in charge of enterprises, local quality and technical supervision departments and other departments shall not repeat the supervision and inspection of such products.
The second chapter determines the spot check plan and spot check plan.

The twelfth products supervised by the state are mainly products related to human health and personal and property safety, important industrial products that affect the national economy and people's livelihood, and products that users, consumers and relevant organizations reflect quality problems.
The AQSIQ is responsible for formulating the catalogue of key products of the state supervision and spot check (hereinafter referred to as the "Catalogue"), and revising and adjusting it according to the product development and quality changes.

The thirteenth AQSIQ, based on the catalogue, has drawn up the state supervision and spot check plan on the basis of soliciting opinions from relevant parties, and has issued the task of state supervision and spot check to the relevant units.

Fourteenth provincial quality and technical supervision departments and inspection bodies shall draw up spot checks after receiving the supervision and spot check work of the state.
The sampling plan should include the following contents:
(1) sampling. Explain the criteria for sampling, the number of samples and the number of samples, the number of samples and spare samples.
(two) inspection basis. The inspection basis shall conform to the principles laid down in the seventh article of these measures.
(three) inspection items. The inspection items should highlight the key points, and mainly select items related to human health and personal and property safety, as well as main performance, physical and chemical indicators, etc.
(four) decision rule. If there are rules in the relevant national standards or industrial standards, they shall be judged in accordance with the standards. If there is no comprehensive determination in the standard, it can be put forward by the inspection institution undertaking the task of national supervision and spot check, agreed by the Standardization Technical Committee, and solicited the opinions of the competent departments of the industry, and submitted to the AQSIQ for approval.
(five) the list of enterprises being selected. When checking the enterprises, we should highlight the key points and have a certain representativeness. Large, medium and small enterprises should occupy a certain proportion. At the same time, we must have a certain number of tracking and checking enterprises. When necessary, the scope of the enterprises being selected shall be specifically designated.
(six) spot check the budget. The budget for spot checks should be formulated in accordance with the principle of no profit, mainly including inspection fees, travel expenses, sample transportation fees and announcement fees.
The principles of being scientific, fair, fair and open should be adhered to in the sample of national inspection and inspection, inspection basis, inspection items and decision rules.

After examination and approval by the State General Administration of quality supervision, the fifteenth spot checks will be issued to the acceptance agencies by the "national supervision and spot check mission", the "Notice of product quality supervision and spot check" and the "feedback sheet of state supervision and spot check".

The sixteenth inspection bodies shall, after receiving the supervision and spot check work of the state, organize the relevant personnel to study the relevant laws, regulations and the relevant provisions of the state supervision and spot check, and put forward reasonable solutions to the problems that may be encountered in the sampling and inspection process.
All units concerned must strictly keep confidential the list of products and enterprises being selected by the state supervision and spot check, and prohibit prior disclosure and notification of the enterprises being selected by any name and form.

The third chapter is sampling.

The seventeenth sampling personnel shall be composed of the personnel assigned by the provincial quality and technical supervision department at the location of the enterprises being inspected and the personnel accepting the inspection units. When sampling enterprises, there should be at least 2 or more sampling personnel (including 2 persons). It is strictly prohibited that the sampling personnel should be informed of the spot checks in advance, and enterprises that have been directly investigated or indirectly involved in the reception work shall be strictly prohibited from participating in the reception work.
Before sampling, the sample shall be produced by the State General Administration of quality supervision, inspection and quarantine, and the national quality supervision and spot check notice of the product quality and the valid identity card (identity card and work permit) shall be introduced to the enterprise to introduce the nature of the state supervision and spot checks, the sampling method, the inspection basis and the rule of decision, and so on.

Eighteenth samples shall be sampled on the market or in the finished products warehouse, and the samples shall be representative. The samples extracted should be products that have been inspected and passed by enterprises for the near future. In case of any of the following circumstances, no sampling shall be taken:
(1) the enterprises being sampled have no products listed in the notice of state supervision and spot check of product quality.
(two) the product is not qualified by the enterprise;
(three) there is sufficient evidence to prove that the products to be sampled are self produced by the enterprise and are not for sale.
(four) the product is processed and produced according to the effective contract.
(five) when there is sufficient evidence to prove that the product is used for export, the export contract stipulates otherwise the quality of the product.
(six) products are labeled "trial" or "processed".
(seven) the sampling base of products does not meet the requirements of spot checks.

The nineteenth enterprises that have been surveyed shall refuse to accept spot checks in case of any of the following circumstances:
(1) fewer than 2 persons sampled;
(two) the name of the sample is not in conformity with the notice of product quality supervision and spot check.
(three) materials such as national quality supervision and spot check for product quality and valid identity documents (identity cards and work permits) should not be carried out by sampling personnel.
(four) the names of enterprises and products that have been sampled are not consistent with the notice of state supervision and spot checks on product quality.
(five) the sampling personnel inform the enterprise in advance.

The twentieth sampling personnel should have anti seal measures to seal samples, so as to ensure the authenticity of the samples.

After the twenty-first sampling work is completed, the sampling personnel shall fill out the sampling list. The name, trade mark, specification, type, date of production, sampling date, sampling base, sampling quantity, execution standard, inspection basis, whether it is a qualified product for sale, whether it is an export product, whether there is a contract for the export product, whether the product is licensed or certified shall be clearly stated one by one. The situation that the enterprise needs to state in particular is explained in the remarks column.

The twenty-second sampling order must be signed by the sampling personnel and the personnel concerned, and the official seal of the enterprise shall be stamped. For special cases, the local quality and technical supervision department can confirm it.
A single sample of four copies was retained, and the inspection institutions and enterprises were retained respectively, sent to the local provincial quality and technical supervision departments and submitted to the AQSIQ.

In the twenty-third place, no sample can be pumped for reasons such as transfer or stop production. The enterprise must issue written proof materials, and the sampling personnel shall check the relevant ledgers and confirm them, and sign on the supporting materials.

The twenty-fourth sampling enterprises refuse to take samples according to law. The sampling personnel should be patient to do the work, and clarify the consequences and measures for rejecting the inspection. If necessary, the provincial quality and technical supervision department can notify the local quality and technical supervision department to coordinate. If the enterprises still do not accept spot checks, the sampling personnel shall timely report the situation to the provincial quality and technical supervision department and the State General Administration of quality supervision and quarantine.

After the completion of the twenty-fifth sampling work, the sampling personnel shall be responsible for timely submitting the second link of the national quality supervision and inspection notice of product quality, the sampling plan and the spot check scheme to the provincial quality and technical supervision department at the location where the spot checks are located.
Where an enterprise needs to assist in sending and sending samples, the enterprise shall send samples to the designated inspection institutions within the prescribed time. Those who do not send or deliver samples without proper reasons shall be punished according to the refusal of inspection.

After the twenty-sixth sampling, the samples drawn on the market should be notified by the express mail to the manufacturer or the manufacturer in the nameplate, and the manufacturer will confirm the authenticity of the sample. If the enterprise receives no written reply within 15 days from the written notice, it shall be deemed to confirm that the product is produced for the enterprise.

Twenty-seventh samples shall be retained for three months after the release of the results of the national supervision and inspection. After the expiration, the sample is returned to the enterprise being sampled. Samples that cannot be returned due to damage or loss due to inspection may not be returned, but they should be explained to the enterprises being investigated. If the enterprises require samples to be returned, they can be settled through consultation.
Inspection institutions should keep spare samples properly.

The fourth chapter examines

The twenty-eighth product quality inspection institutions undertaking state inspection and inspection work must have corresponding testing conditions and capabilities, comply with statutory requirements, and carry out product quality inspection in accordance with the authorization of the AQSIQ. The inspection work of state supervision and spot checks is generally entrusted to the state level or provincial level product quality inspection institutions authorized by law and authorized by law.
Subcontracting is prohibited by state supervision and spot checks. In the process of undertaking national supervision and spot checks, inspection organizations shall not subcontract all inspection items involved in spot checks in any form.

The twenty-ninth inspection institutions shall strictly formulate procedures for receiving, warehousing, requisitioned, tested, preserved and processed samples, and strictly enforce them according to procedures.

The thirtieth samples shall be inspecting and recording the appearance and status of the sample, whether the seal is damaged or not, and may affect the test result or the comprehensive judgement. It is also clear whether the sample is consistent with the record of the sampling sheet, and the inspection and spare samples should be labeled separately and then put into storage. If necessary, the sample can be packed or repackaged without affecting the results of the sample inspection, so as to ensure that there will not be any unfair situation caused by other reasons.

The use of the thirty-first samples must be strictly carried out with the corresponding application procedures. There is a special person in charge. During the inspection process, the transfer of samples should be recorded in detail.

The thirty-second inspection instruments and equipment should meet the relevant requirements and ensure normal operation during the verification period.

The thirty-third inspection bodies shall organize all persons participating in the inspection to learn the inspection methods and inspection conditions before testing, and ensure that the inspection work is carried out according to the prescribed inspection methods and inspection conditions.

The thirty-fourth site inspection shall make on-site inspection procedures and ensure that all site inspections of the same product comply with the same operating procedures.

The thirty-fifth original inspection records must be truthfully filled to ensure that they are true, accurate and clear. They are not allowed to be altered at will.

During the thirty-sixth inspection process, if the sample fails or otherwise causes the inspection to be unable to carry out the inspection, the immediate situation must be recorded truthfully and sufficient evidence can be obtained.

After the thirty-seventh inspection is finished, the sampling notice of the product quality supervision and inspection results shall be sent to the production enterprise in a timely manner and sent to the provincial level quality and technical supervision department at the location where the production enterprise is located.
In the market, the enterprises that have confirmed production shall send the distribution enterprises of the spot checks in addition to the notice of the quality supervision and inspection results of the products in accordance with the provisions of the preceding paragraph. If they fail to confirm the production enterprises, they shall send the notice of the inspection results of the product quality to the distribution enterprises that have been sampled, and send them to the provincial quality and technology supervision departments at their locality.

The contents of the thirty-eighth inspection reports must be complete. The inspection basis and inspection items must be clear and consistent with the sampling plan. The inspection data must be accurate and the conclusion is clear.

The thirty-ninth inspection report should be printed in three copies. One is retained by the inspection institution undertaking the task of national supervision and spot checks, the rest is sent to the provincial quality and Technology Supervision Department of the production enterprise and the place where the production enterprise is located.
In the market, the inspection reports of the enterprises that have been confirmed should be printed in four copies. In addition to sending the inspection reports in accordance with the preceding paragraph, the distribution enterprises shall be sent in time. The inspection reports can not be confirmed and printed in three copies, respectively, and sent to the provincial quality and technology supervision departments of the production enterprise and the location where the production enterprise is located.
In the market, the inspection reports of the confirmed production enterprises are printed in four copies. In addition to sending the inspection reports in accordance with the preceding paragraph, the distribution enterprises shall be sent in time. The inspection reports can not be confirmed and printed in three copies, respectively, and sent to the provincial quality and technology supervision departments at the provincial level where the distribution and distribution enterprises are located.
The inspection report must be delivered by express mail before reporting to the state.

The fifth chapter deals with and summarizes the objections.

Fortieth where a sample inspection enterprise or a production enterprise that has confirmed the sample disagrees with the result of the inspection, it shall, within 15 days from the date of receipt of the notice of the product quality supervision and inspection results, submit a written report to the State General Administration of quality supervision, inspection and quarantine, which will implement the state supervision and spot check, and send it to the inspection institution. If no objection is raised, the inspection result shall be deemed to be recognized.

The forty-first AQSIQ may entrust the provincial quality and technology supervision departments and inspection bodies to handle the objections raised by the enterprises.
When the inspection institution receives a written report from the enterprise and needs reexamination, the AQSIQ shall agree with the AQSIQ, and shall use the spare sample inspection according to the spot check scheme, and shall make a written reply within 10 days. The results of the reinspection are reported to the AQSIQ and sent to the provincial quality and technology supervision departments at the locality of the enterprises.

The forty-second reinspection is usually carried out by the original inspection institution. The required inspection fee is included in the state supervision and spot check funds.
Under special circumstances, the AQSIQ designated inspection bodies for re examination. If the re examination result is not consistent with the result of the random inspection, the cost of the reinspection shall be borne by the original inspection institution.

After the completion of the spot check work, the forty-third inspection institutions shall submit the reports and relevant annexes of the state supervision and inspection results to the AQSIQ within the prescribed time according to the requirements of the AQSIQ.

The sixth chapter is the supervision of the results of spot checks.

The forty-fourth AQSIQ is responsible for collecting the results of random sampling, issuing the state supervision and spot checks on product quality, issuing the national supervision and spot checks to the public, and exposing the unqualified products that endanger human health, personal and property safety and environmental protection, and seriously affect the national economy and the people's livelihood and serious quality problems, and the enterprises that refuse inspection.

The forty-fifth provincial quality and technical supervision departments should timely transmit the state supervision and spot checks, and inform the local government and relevant departments according to the circumstances, and organize the training of disqualified factory directors (managers).
If the quality problems of enterprises in a certain area are checked out, the AQSIQ may directly notify the local governments and local party and government leaders about the quality problems if necessary.

Forty-sixth, for the quality problems that are reflected in the spot checks, or the products with serious quality problems and low sampling rates, the AQSIQ will hold a product quality analysis meeting with the relevant industry authorities or the industry associations and inspection bodies.

Forty-seventh, any production or marketing enterprise that the state oversees and checks unqualified products shall not be allowed to continue production except for reasons such as shut-down or conversion. The provincial quality and technology supervision department is responsible for supervising and inspecting the rectification work of enterprises.

Forty-eighth enterprises with unqualified products must carry out rectification according to the following requirements:
(1) if the quality problem is serious, the production and sale of such unqualified products must be stopped immediately.
(two) the legal representative of the enterprise shall notify the whole staff of the state's supervision and spot check, draw up a rectification plan, and implement the responsibility system for rectification work.
(three) identify the causes of unqualified products, find out the responsibilities for quality, and deal with those responsible.
(four) to conduct a comprehensive clean-up of products in production and inventory, and disqualifying products are not allowed to continue to leave the factory. The unqualified products that endanger human health and personal and property safety should be supervised and destroyed or made necessary technical treatment in accordance with the relevant provisions of the product quality law.
(five) to take effective measures in management, technology, process equipment and other aspects to establish and improve the quality assurance system of enterprises according to the causes of unqualified products, the quality supervision departments and relevant departments;
(six) actively participate in the study (training) class and product quality analysis meeting organized by the quality and technology supervision department;
(seven) submit the rectification report and review application on schedule.
(eight) accept the rectification and inspection of the quality and technical supervision department and the re examination of the product quality.

Forty-ninth sales enterprises with unqualified products must carry out rectification according to the following requirements:
(1) to clean up the inventory products of the on sale products immediately, and to directly endanger the health, safety, or the existence of fatal defects or to lose the use value of the products, it is necessary to immediately withdraw the counters, strictly prohibit the continuous sale, return the products that are still in use to the production enterprises for necessary technical treatment, or indicate that the processed products can continue to sell;
(two) find out the quality responsibility for quality problems;
(three) to strengthen the examination and control of suppliers and the training of inspectors, and establish a quality responsibility system.

After the completion of the fiftieth enterprise rectification work, the provincial quality and technology supervision department shall submit the application for reexamination to the provincial level quality and technical supervision department, and the relevant product quality inspection institutions entrusted by the provincial quality and technical supervision department shall be re examined according to the original plan. The application for review shall not exceed six months from the date of the issuance of the state supervision and spot check notification by the AQSIQ.

The cost of reinspection and inspection by fifty-first state supervision and inspection enterprises with unqualified products shall be paid by disqualified production enterprises.

Fifty-second products that refuse to inspect enterprises are not eligible for sending or sending samples without proper reasons. The products are disqualified according to their qualifications. The reinspection work of the enterprises refused to be inspected shall be entrusted by the provincial quality and technical supervision department at the locality where the enterprise is located.

Fifty-third enterprises that should be rechecked and still do not apply for reexamination shall be organized by the provincial quality and technical supervision department for compulsory review.

The fifty-fourth article shall be ordered to stop production and sale of products that are unqualified for items in the state supervision and spot checks involving compulsory standards such as safety and hygiene, and shall be punished in accordance with the relevant laws and regulations of the product quality law and the standardization law. For products that directly endanger human health, personal and property safety and products with fatal defects, the AQSIQ shall notify the production enterprises that have been checked by the AQSIQ to take back the products that have been manufactured and sold within a specified period of time, and order the distribution enterprises to withdraw all the products to the counter.

The fifty-fifth item shall be ordered to make corrections within a time limit for the products that are not eligible for general items in the state supervision and spot check.

The fifty-sixth production enterprises that have obtained the production license and safety certification shall be ordered to make rectification within a specified time limit. If the rectification is still unqualified at the expiration of the review, the license issuing organ shall revoke its production license and safety certificate in accordance with the law.

If the leading products of the fifty-seventh enterprises fail for two consecutive times in the state supervision and spot check, the quality and technology supervision department at the provincial level or above shall propose to the administrative department for Industry and commerce the revocation of the business license of the enterprise legal person and publicize it to the public.

Fifty-eighth production enterprises that fail to meet the specified requirements after the state's supervision and spot checks are not qualified, and after reexamination, shall be ordered by the provincial quality and technical supervision departments and local relevant departments to suspend production and rectification.

The seventh chapter is work discipline.

The fifty-ninth staff participating in the state supervision and spot check must strictly abide by the provisions of the state laws and regulations, strictly enforce the law, enforce the law impartially, and do not engage in personal matters. The list of products and enterprises being checked must be kept secret.

The sixtieth inspection bodies shall strictly undertake the sampling and inspection work according to the relevant provisions of the state supervision and spot check work, and shall ensure that the inspection work is scientific, fair and accurate.

The sixty-first inspection bodies shall truthfully report the results of the inspection and the conclusion of the inspection, and shall not be concealed and responsible for the inspection work.
The inspection institution shall not accept the entrusted inspection of the similar products of the enterprises being inspected during the undertaking of the state supervision and spot check.

The sixty-second inspection bodies shall not participate in paid activities by using the results of state supervision and spot checks.

The sixty-third inspection bodies, without the approval of the AQSIQ, shall not arbitrarily disclose the results of the random inspection and related materials to the outside world.

The sixty-fourth inspection bodies and the staff participating in the state supervision and spot checks shall, in violation of the provisions of these measures, be ordered by the AQSIQ to make corrections and make corrections within a specified time. If the circumstances are serious, the relevant certificates and certificates shall be revoked in accordance with the law, and the qualifications for the supervision and inspection of product quality shall be abolished. The relevant responsible persons shall be given administrative sanctions according to law, and if a crime is constituted, they shall be investigated for criminal responsibility according to law.

Eighth chapter supplementary provisions

The supervision and spot check of sixty-fifth provincial quality and technical supervision departments can be carried out with reference to these measures.

The sixty-sixth measures are interpreted by the AQSIQ.

The sixty-seventh measures shall come into force on March 1, 2002. The provisions of the state supervision and spot check product quality issued by the former State Economic Commission in 1986 and the supplementary regulations on product quality supervision and spot inspection issued by the former State Technical Supervision Bureau in 1991 were abolished at the same time.