"Sampling And Inspection Methods For Commodity Quality In Circulation Field"

< p > < strong > Chapter I General Provisions < /strong > < /p >

< p > Article 1 in order to strengthen the supervision and management of the circulation area < a href= "http://www.91se91.com/news/index_c.asp" > commodity quality < /a > and protect the legitimate rights and interests of consumers, these measures are formulated in accordance with the laws and regulations of the People's Republic of China on the protection of consumers' rights and interests, the People's Republic of China product quality law, and the relevant provisions of the State Council.

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The inspection and inspection of commodity quality in circulation area referred to in < < p > > second means hereinafter referred to as "sampling inspection" refers to the supervision and inspection activities conducted by the administrative department for Industry and Commerce in accordance with their duties and in accordance with the law.

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< p > third industrial and commercial administrative departments shall conduct random inspection of commodity quality regularly or irregularly in accordance with relevant laws and regulations and the provisions of the State Council as well as these measures.

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< p > the State Administration for Industry and commerce is responsible for guiding the sampling inspection of the quality of commodities in the circulation sector of the country, and carries out the inspection of commodity quality in the circulation field according to the need or by organizing the administrative departments for Industry and Commerce of the provinces, autonomous regions and municipalities directly under the central government.

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< p > the administrative departments for Industry and Commerce of provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as the Provincial Administration for Industry and Commerce) shall be responsible for the overall management and organization of the random sampling of commodity quality in the area of circulation.

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< p > below a href= "http://www.91se91.com/news/index_c.asp" > Industrial and commercial administration department < /a > implement sampling inspection and related work of commodity quality in circulation area in accordance with the provisions of the Provincial Administration for Industry and commerce.

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< p > Fourth sampling inspection shall be based on laws and regulations, mandatory standards and other relevant provisions, as well as commodity or its packaging on the product standards or product descriptions, physical samples show the quality of the situation to determine the quality of goods.

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< p > fifth sampling inspection shall not charge inspection fees to operators.

The funds required for sampling work shall be included in the same level financial budget according to the relevant provisions of the state.

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< p > < strong > second chapter < a href= "http://www.91se91.com/news/index_c.asp > > sampling work < /a > procedure < /strong > /p >

< p > sixth the provincial administrative departments for Industry and Commerce shall draw up a sampling inspection plan, stipulate the commodity variety, sampling area, time arrangement and budget for sampling inspection.

The commodities sampled are mainly consumers, relevant organizations, mass media and goods found in quality problems in administrative law enforcement, which involve human health, personal and property safety, commodities that affect the national economy and people's livelihood and goods required by the higher authorities.

In the same year, no more than two spot checks shall be conducted for the same type of commodities of the same brand in principle, except for targeted sampling.

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< p > Industrial and commercial administration departments shall strictly implement the sampling inspection work according to the sampling inspection plan and shall not make random sampling.

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< p > seventh, the superior administrative departments for Industry and Commerce may entrust the lower level administrative departments for Industry and commerce to carry out spot checks according to their needs.

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< p > eighth inspection work shall be entrusted to the inspection body with the statutory qualification (hereinafter referred to as the acceptance institution) and the entrustment agreement shall be signed.

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< p > ninth the administrative departments for Industry and Commerce shall draw up the implementation plan for sampling inspection according to the work plan for sampling inspection.

The implementation plan for sampling inspection shall include sampling commodities, inspection institutions, sampling locations, sample quantities, sampling procedures, inspection standards, inspection items, principles of determination, notification of inspection results, reinspection arrangements, and cost budgets.

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< p > tenth, there shall be no less than two law enforcement officers in the administration of industry and Commerce for sampling inspection, and the administrative law enforcement certificate and the random inspection notice shall be presented to the operators who have been sampled.

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< p > operators shall cooperate with the administrative departments for Industry and Commerce in carrying out spot checks according to law and must not refuse.

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< p > eleventh the administrative departments for Industry and commerce that carry out spot checks shall check the ticket account books, goods and quantities, location of stock, inventory and sales volume related to the commodities being inspected, and record relevant information on the spot, and sign and confirm by the operators.

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< p > twelfth sampling and backup samples required for sampling inspection shall be drawn by the law enforcement officers of industrial and commercial administration and the personnel of the inspection institutions in accordance with relevant regulations.

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< p > samples and backup samples shall be sealed, and signed by the three parties of the law enforcement officers of industrial and commercial administration, the personnel of the inspection institutions and the operators.

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< p > the backup samples are sealed after the approval of the three parties of the industry and commerce administration law enforcement officers, the procuratorial organs and operators.

The operator shall not unseal or destroy the backup samples kept by him.

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< p > thirteenth samples for inspection are purchased according to the operator's purchase price.

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< p > inspection does not cause destructive testing and has no substantial effect on the quality of the sample. The sample for inspection can be provided free of charge by the operator.

The backup sample required for sampling inspection shall be provided by the operator without compensation.

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< p > samples provided free of charge shall be returned to the operator if the inspection is in conformity with the requirements. If the inspection fails, the administrative department for Industry and commerce that implements the sampling inspection shall be dealt with in accordance with the relevant provisions.

The purchased samples are found to be in compliance with the requirements and still have the value of use.

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< p > local regulations, regulations and normative documents have separate provisions on the cost of sample extraction.

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< p > fourteenth products or the product standards specified in the package are enterprise standards. The operator shall provide the relevant industry and commerce administrative departments within fifteen days after receiving the notice of sampling inspection.

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< p > fifteenth inspection institutions shall carry out inspection work strictly in accordance with the entrustment agreement, submit the inspection results to the administrative departments for Industry and commerce that implement the sampling inspection in time, and strictly abide by the relevant confidentiality provisions.

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< p > the inspection report issued by the inspection institution shall be standardized in format, complete in content and clear in conclusion, and shall be responsible for the authenticity, accuracy and legality of the inspection report issued, and forbid forged inspection reports, false data and results.

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< p > sixteenth the administrative departments for Industry and commerce that implement sampling inspection shall notify the sampled operators within five working days from the date of receipt of the inspection results.

Those who fail to pass the inspection shall notify the producers of the samples specified and order the operators who have been inspected to make corrections within a specified time limit.

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"P > seventeenth" the operator or sample producer who is sampled to disagree with the results of the inspection shall, within fifteen days from the date of receipt of the notice of the inspection results, submit a written reinspection application to the administrative department for Industry and Commerce for inspection.

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< p > if the application for written review is not submitted within the time limit, it is deemed that there is no objection to the inspection result.

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< p > the operator shall not re examine the privately sealed or damaged sample.

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< p > < --EndFragment-- > eighteenth, after receiving the application for re examination, the administrative department for Industry and commerce that implements the sampling inspection shall promptly determine the re inspection institution with legal qualifications, and notify the applicant and the procuratorial organ in writing.

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< p > the reexamination applicant and the procuratorial organ shall, within seven days from the date of receipt of the notification, go through the reexamination procedures and submit samples to the re inspection institutions as required.

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< p > nineteenth re inspection shall be carried out in accordance with the relevant sampling procedures.

The re inspection institutions shall timely submit the results of the reinspection to the administrative departments for Industry and commerce that implement the sampling inspection.

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< p > the administrative department for Industry and commerce that implements sampling inspection shall notify the reexamination applicant within five working days from the date of receiving the re examination result.

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< p > the result of re examination determines that the goods are qualified, and the reinspection fee shall be borne by the administrative department for Industry and commerce.

If the re examination result determines that the goods are unqualified, the re inspection fee shall be borne by the reexamination applicant.

The re examination result is the final conclusion.

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< p > < strong > > Third, the sampling results are processed < /strong > < /p >.

< p > twentieth the administrative departments for Industry and commerce that implement sampling inspection shall publish the results of the random inspection to the public in a timely manner.

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< p > the Provincial Administration for Industry and commerce is responsible for the management of the results and information of the sampling inspection in the area under its jurisdiction, and formulating specific measures.

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< p > twenty-first, where the sample is found to be unqualified according to the law, the administrative department for Industry and Commerce shall order the sample operator to stop immediately. If the consumer requests the return, the operator shall be responsible for returning the goods.

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< p > > the industry and commerce administration department finds and identifies defects in commodities, and endangers personal and property safety risks. It shall immediately order the operators to take measures to stop sales and warnings, and promptly notify the relevant administrative departments of the commodity producers whose names are located.

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< p > twenty-second after the industrial and commercial administration department that implements the sampling inspection discloses a list of goods that endanger the safety of persons and property and does not meet the mandatory standards, the operators within the jurisdiction shall immediately stop the same type of goods in the same name of the sales list.

Measures have been taken to eliminate the danger and continue to be sold after inspection by statutory inspection bodies in compliance with the protection of personal and property safety.

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< p > twenty-third the Provincial Administration for Industry and Commerce shall regularly report to the local government and the State Administration for Industry and Commerce on the analysis report of sampling inspection.

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< p > twenty-fourth the administrative departments for Industry and Commerce shall properly keep the relevant documents and materials for sampling inspection.

The period of preservation of documents shall not be less than two years.

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< p > < strong > fourth chapter legal liability < /strong > < /p >

< p > twenty-fifth shall be investigated and dealt with according to relevant laws, regulations and rules when it is deemed to be an illegal act of selling unqualified commodities.

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< p > twenty-sixth operators who violate the tenth provision of these measures and refuse to accept the sampling inspection conducted by the administrative departments for Industry and Commerce in accordance with the law shall be punished in accordance with the fifty-sixth provision of the product quality law.

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< p > twenty-seventh operators who violate the provisions of the twelfth provision of these measures and privately seal up or destroy the backup samples shall be fined not more than ten thousand yuan.

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< p > twenty-eighth operators who violate the provisions of the fourteenth provision of these measures, fail to provide relevant product standards within the prescribed time limit, or provide false enterprise standards and false information related to sampling commodities, shall be ordered to stop sales and be fined not more than thirty thousand yuan.

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< p > twenty-ninth operators who violate the provisions of the sixteenth provision of these measures and fail to make corrections within the time limit, shall be fined not more than thirty thousand yuan.

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< p > thirtieth operators, in violation of the twenty-first provision of these measures, refuse or delay the measures ordered by the Administration for Industry and commerce to stop sales and warnings against defective commodities, and shall be punished according to the relevant provisions of the fifty-sixth law on the protection of consumers' rights and interests.

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< p > thirty-first operators who violate the twenty-second provision of these measures and have not ceased the sale of goods that are dangerous to personal and property safety and do not conform to the mandatory list of commodities published by the administrative department for Industry and commerce, shall be ordered to make corrections within a prescribed time limit. If they fail to make corrections within the prescribed time limit, they shall be punished according to the relevant provisions of the relevant laws and regulations concerning the sale of goods that do not meet the requirements for the protection of personal and property safety requirements.

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< p > thirty-second operators who violate the provisions of this Law and shall be punished according to the law on the protection of consumers' rights and interests, the punishment organ shall record the penalty in the credit archives of the operators, and publish them to the public in accordance with the law.

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< p > thirty-third inspection institutions and re inspection institutions forged inspection reports or issued false, erroneous inspection data and conclusions, and divulged spot inspection information, and notify relevant departments to handle them according to law.

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< p > thirty-fourth law enforcement officials of industrial and commercial administration shall abuse administrative power, neglect their duties and engage in malpractices for selfish ends, and shall be given administrative sanctions according to law. If serious circumstances constitute a crime, they shall be investigated for criminal responsibility according to law.

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< p > < strong > fifth chapter annex > /strong > < /p >.

< p > thirty-fifth reference forms for sampling related instruments shall be formulated by the State Administration for Industry and commerce.

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< p > thirty-sixth, the quality inspection of commodities provided by means of network, television, telephone and mail order shall be carried out in accordance with these measures.

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< p > thirty-seventh, the measures shall be interpreted by the State Administration for Industry and commerce.

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< p > thirty-eighth, the measures shall come into force on March 15, 2014.

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