中华人民共和国产品质量法2009(英文版)Law of the PRC on Product Quality

烟台大学法学院

法律硕士张川方

中华人民共和国产品质量法

Law of the People’s Republic of China on Product Quality

(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People’s Congress

Amended for the first time in accordance with the Decision on Revising the Law of the People’s Republic of China on Product Quality adopted at the 16th Meeting of the Standing Committee of the Ninth National People’s Congress on July 8, 2000

Amended for the second time in accordance with the Decision on Amending Part of the Laws made at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27th, 2009)

C-I General Provisions

Article 1

This Law is enacted to strengthen the supervision and control over product quality, to improve product quality, to define the liability(明确责任)relating thereto, to protect the legitimate rights and interests of consumers and to safeguard the socio-economic order.

Article 2

(1) Anyone who manufactures or sells any product within the territory of the People’s Republic of China shall abide by this Law. For the purposes of this Law, “product” means one which is processed or manufactured(经过加工、制作)for sale.

(2) This Law shall not apply to construction projects(建设工程). However, it shall be applicable to those materials, components and fittings(构配件), and equipment used for construction, which fall within the scope of the definition stipulated in the preceding paragraph.

Article 3

Producers and sellers shall establish and improve their internal system for product quality control(产品质量管理), and strictly apply(严格实施)the quality standards(质量规范), quality responsibility and the related check measures(考核办法) therefor in every post(岗位).

Article 4

Producers and sellers shall be liable for(承担…责任) product quality in accordance with this Law. Pass off

Article 5

It is prohibited to forge or fraudulently use(冒用) authentication marks(认证标志) or other quality marks(质量标志); it is prohibited to forge the origin of a product, or to forge or fraudulently use the name and address of another producer(他人的厂名、厂址); and it is prohibited to mix impurities or imitations into a product that is manufactured or for sale(生产、销售的), or pass a fake product off as a genuine one(以假充真), or pass an inferior product off as a superior one.

Article 6

(1) The State shall encourage the popularization(鼓励推行)of scientific methods for quality control and the adoption of advanced science and technology(先进的科学技术), and shall encourage

enterprises to make their product quality reach and surpass their respective sectoral standards(行业标准), national standards and international standards.

(2) Units and individuals that have made outstanding achievements(成绩显著的)in exercis ing advanced control(管理先进) over product quality and in raising their product quality to advanced international standards(国际先进水平)shall be awarded.

Article 7

People’s governments at various levels shall incorporate the improvement of product quality into their plans for national economic and social development(国民经济和社会发展), improve their overall planning(统筹规划), organization and leadership in respect of product quality, provide guidance to(引导)producers and sellers and urge them to tighten control over and improve product quality, and organize the government departments concerned to take measures in accordance with law to stop(引导)the violations of this Law committed in the process of manufacture and sale of products, thus safeguarding the smooth implementation of this Law.

Article 8

(1) The department for supervision over product quality under the State Council(国务院产品质量监督部门) shall be responsible for supervision over product quality throughout the country. The relevant departments under the State Council shall be responsible for supervision over product quality within the scope of their respective functions.

(2) Local departments for supervision over product quality at or above the county level shall be in charge of supervision over product quality within their respective administrative region(行政区域).The relevant departments in the local people’s governments at or above the county level shall be responsible for supervision over product quality within the scope of their respective functions. (3) Where laws provide otherwise for(另有规定) departments for supervision over product quality, the provisions of such laws shall apply.

Article 9

(1) No functionaries of the local people’s governments at various levels or of other State organs may abuse their powers, neglect their duties, engage in malpractices for personal gains, shield or connive at(包庇、放纵)violations of this Law committed in the process of manufacture or sale of products within their own regions or sectors(本地区、本系统), or obstruct or interfere in(阻挠、干预)the investigation and handling(查处)of such violations.

(2) Where local people’s governments at various levels or other State organs shield or connive at violations of this Law committed in the process of manufacture or sale of products, the principal leading person(主要负责人) shall be investigated for legal responsibility in accordance with law. Article 10

(1) All units and individuals shall have the right to inform the departments for supervision over product quality or other relevant departments against(检举)any violations of this Law.

(2) The departments for supervision over product quality and other relevant departments shall keep secrets for the informers(为检举人保密) and award them in accordance with the relevant regulations of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 11

No units or individuals may exclude up-to-standard(合乎标准的)products manufactured by enterprises in other regions or sectors from entering into their own regions or sectors(本地区、本系统).

C-II Supervision over Product Quality

Article 12

The quality of a product shall undergo inspection until it proves to be up to standard(检验合格). No sub-standard product(不合格产品)may be passed off as an up-to-standard one.

Article 13

(1) Industrial products(工业产品)constituting potential threats to(可能危及) human health, personal safety and safety of property shall be in conformity with(符合) the national standards and sectoral standards for ensuring human health(人体健康), personal safety and safety of property; with regard to products for which there are no national or sectoral standards to measure up to, products shall meet the requirements for(符合要求)ensuring human health, personal safety and safety of property.

(2) It is prohibited to manufacture and sell of industrial products that do not conform to the standards and requirements for ensuring human health, personal safety and safety of property. The specific administrative measures(管理办法)shall be prescribed by the State Council.

Article 14

(1) The State shall practice, in light of the quality control standards(质量管理标准)commonly used internationally(国际通用的), the system of authentication with respect to the quality series of enterprises(企业质量体系). An enterprise may, on a voluntary basis, apply for authentication with respect to its quality series to an authentication body(认证机构)approved by the department for supervision over product quality under the State Council or by a department authorized by the said department. The enterprise that is authenticated as qualified(经认证合格的)shall be issued an authentication certificate for its quality series by the authentication body.

(2) The State shall apply, in light of the internationally advanced product standards(产品标准)and technical requirements(技术要求), the system for product quality authentication(产品质量认证). An enterprise may, on a voluntary basis, apply for authentication with respect to the quality of its products to an authentication body approved by the department for supervision over product quality under the State Council or by a department authorized by the said department. The enterprise whose product quality is authenticated as up-to-standard shall be issued an authentication certificate for its product quality

by the authentication body and shall be permitted to use the product quality authentication mark(产品质量认证标志) on its products or the packages thereof.

Article 15

(1) The State shall apply, with respect to product quality, a system of supervision and inspection(监督检查制度) with random check(抽查)as the main form. Products constituting potential threats to human health, personal safety and safety of property, important industrial products which have a bearing on(影响) the national economy and people’s wellbeing(国计民生), and products with quality problems as reported by consumers or relevant organizations shall be subject to random check. Samples for random check shall be selected from the market or from among the finished products ready for sale(待销成品)in the storehouse of an enterprise. Supervision and random

check(监督抽查工作)shall be planned and arranged by the department for supervision over product quality under the State Council. The local departments for supervision over product quality at or above the county level may also make arrangements for supervision and random check within their respective administrative region. Where laws provide otherwise(另有规定)with respect to supervision over and inspection of product quality, the provisions of such laws shall apply.

(2) Local departments may not repeat supervision and random check already conducted by the State; departments at lower levels may not repeat supervision and random check already conducted by departments at higher levels.

(3) Products may be inspected where supervision and random check of such products so require, but the amount of samples selected for inspection may not exceed the reasonable need of the inspection(检验的合理需要)and no fees may be charged from the inspected. The expenses thus incurred shall be disbursed(列支)in accordance with the relevant regulations of the State Council. (4) Where producers or sellers have objections to the result of inspection, they may, within 15 days from the date receiving the result, apply to the department for supervision over product quality that has conducted the supervision and random check or its superior department for re-inspection. The department for supervision over product quality that conducts the re-inspection shall make a re-inspection conclusion(作出复检结论).

Article 16

No producers or sellers may refuse to undergo supervision over and inspection of(进行监督检查) their product quality conducted in accordance with law.

Article 17

(1) Where the quality of a product is proved not to be up to standard after random check is conducted in accordance with the provisions of this Law, the department for supervision over product quality that has conducted the random check shall order the producer or seller to improve it within a time limit. If the producer or seller fails to do so at the expiration of the time limit, the matter shall be announced(予以公告)by the department for supervision over product quality under the people’s government at or above the provincial level; if the product quality fails to pass re-inspection conducted after the announcement, the producer shall be ordered to discontinue production and business operation for overhaul(停业整顿)within a time limit; if it again fails to pass another re-inspection conducted at the expiration of the time limit, the producer’s or seller’s business license shall be revoked.

(2) Where a product is found through random check to have serious quality problems, punishment shall be meted out(进行处罚)in accordance with the relevant provisions in Chapter V of this Law.

Article 18

(1) The departments for supervision over product quality at or above the county level may, on the basis of the obtained evidence for or information against(举报) suspected violations(违法嫌疑)of this law, exercise the following functions and powers when investigating and handling such violations: (a) to conduct an on-the-spot inspection(现场检查) of the place where the party is suspected of engaging in(涉嫌从事)production or sale activities in violation of this Law;

(b) to conduct investigation among the legal representative of the party, the person chiefly in charge(主要负责人), and other persons concerned for information(了解情况)related to the production or sale activities engaged in by the suspected party in violation of this Law;

(c) to look into and duplicate(查阅、复制)the contracts, invoices and account books concerning the party and other relevant materials; and

(d) to seal up or seize(扣押)the products which are regarded, on the basis of evidence, as not being in conformity with the national or sectoral standards for ensuring human health, personal safety and safety of property or as having other kinds of serious quality problems, and the raw and supplementary materials(原辅材料), package materials(包装物)and production tools(生产工具) that are used directly for the manufacture and sale of such products.

(2) Administrative departments for industry and commerce at or above the county level may, within the scope of their functions defined by the State Council, exercise the functions and powers prescribed in the preceding paragraph when investigating and handling suspected violations of this Law(涉嫌违反本法的行为).

Article 19

Product quality inspection institutions(产品质量检验机构)shall have the corresponding testing facilities and competence(检测条件和能力)and shall undertake inspection of product quality only after being appraised and endorsed(考核合格后)by the department for supervision over product quality under the people’s government at or above the provincial level or a department authorized by the said department. Where laws or administrative regulations provide otherwise with respect to the institutions for inspection of product quality, the provisions of such laws or administrative regulations shall apply.

Article 20

Intermediary bodies(中介机构)for product quality inspection or authentication shall be established in accordance with law, and they may not be subordinate to or have any relationship of interest with(存在利益关系)any administrative department or other state organs.

Article 21

(1) Institutions for product quality inspection or authentication shall, in accordance with law and on the basis of relevant standards(依法按照有关标准), be objective and impartial in issuing the result of inspection or authentication certificate.

(2) Institutions for product quality authentication shall, in accordance with the regulations of the State, conduct follow-up inspection(进行跟踪检查)of the products bearing the authentication mark with approval(准许使用认证标志的); where products not conforming to the standards for authentication bear such mark, rectification shall be demanded; if the circumstances are serious, the products shall be disqualified from using(取消使用资格) the authentication mark.

Article 22

Consumers shall have the right to make inquiries(查询) to the producers or sellers about the quality of their products; they shall also have the right to file a complaint(申诉)to the department for supervision over product quality, or to the administrative department for industry and commerce, or to any other department concerned, the department that receives the complaint shall be responsible for handling the case.

Article 23

Public organizations(社会组织)protecting the rights and interests of consumers may suggest that the department concerned handle the problems concerning product quality as reported by consumers,

and may support consumers in their efforts to(支持消费者做某事)bring a suit to the people’s court with respect to the damage caused by the products of quality problems(因产品质量).

Article 24

The department for supervision over product quality under the State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall regularly issue Quality Status Bulletin(质量状况公告)regarding the products which they have conducted supervision over and random check on.

Article 25

No departments for supervision over product quality, or other State organs, or institutions for product quality inspection may recommend any manufacturer’s products to the public, or participate in business operations in the form of supervision over the manufacture or sale(监制、监销)of products. 2012-10-24 16:56:47

C-III Liability and Obligation of Producers and Sellers in Respect of Product Quality

Section 1 Liability and Obligation of Producers in Respect of Product Quality

Article 26

(1) Producers shall be liable for the quality of the products they produce.

(2) The products shall meet the following quality requirements:

(a) constituting no unreasonable threats to(构成危险) personal safety or safety of property, and conforming to the national or sectoral standards for ensuring human health, personal safety and safety of property, where there are such standards(有这样标准的);

(b) possessing the functions(使用性能)as required, except for those with directions stating their functional defects(使用性能的瑕疵); and

(c) conforming to the product standards marked on the products or on the packages thereof, and to the quality condition(质量状况)indicated by way of(以…的方式)product directions(产品说明), samples(实物样品), etc.

Article 27

(1) Marks on the products or on the packages thereof shall be authentic(真实)and meet the following requirements:

(a) with certificate showing that the product has passed quality inspection(产品质量检验合格);

(b) with name of the product, name and address of the producer, all marked in Chinese;

(c) with the necessary indications in Chinese regarding the specifications and grades of the product, the main ingredients and their quantity contained(含量)in the product, where such particulars are required to be indicated according to the characteristics and the instructions for use(使用要求，使用说明)of the product; with the indications on the package of information necessary(需要知晓的)for consumers to know in advance, or providing consumers in advance with documents indicating such information(有关资料);

(d) with production date, safe-use period(安全使用期)or date of expiry clearly indicated in easily spotted areas(显著位置)if the product is to be used within a time limit(限期使用的产品); and

(e) with a warning mark or statement in Chinese(中文警示说明)for a product which, if improperly used, may cause damage to(损坏)the product itself, or may endanger(危及)personal safety or safety of property.

(2) Food products without package(裸装食品) and other non-packed products(裸装产品)which are difficult to be marked due to their special nature may dispense with(不附加) product marks.

Article 28

The packages of dangerous products, such as fragile, inflammable, explosive, poisonous, corrosive, radioactive products, of products that should be kept upright(不能倒置)during storage and transportation(储运中), and of other products with special requirements(特殊要求)shall meet the corresponding requirements in respect of their quality and carry warning marks(作出警示标志)or statement in Chinese indicating directions for storage and transportation(标明储运注意事项), as required by the relevant State regulations.

Article 29

No producer may produce any product that has be en eliminated by State orders(国家明令淘汰的).

Article 30

No producer may forge the origin of a product, or forge or fraudulently use(伪造或者冒用)another producer’s name and address.

Article 31

No producer may forge or fraudulently use another producer’s authentication marks(认证标志)or other product quality marks.

Article 32

No producer may, in producing products, mix impurities or imitations into the products(掺杂、掺假), or substitute a fake product for a genuine one(以假充真), a defective product for a high-quality one, or pass a substandard product off as an up-to-standard one.

Section 2 Liability and Obligation of Sellers in Respect of Product Quality

Article 33

A seller shall establish and implement a check-for-acceptance system(检查验收制度)for replenishment of his stock(进货), and examine the quality certificates(合格证明) and other marks of the products.

Article 34

A seller shall adopt measures to keep the products for sale(销售产品) in good quality.

Article 35

No seller may sell products which are eliminated(被淘汰) and the sale of which is stopped(停止销售)by State orders, or expired and deteriorated(失效、变质的) products.

Article 36

The marks of a seller’s products(销售者销售的产品) shall conform to the provisions of Article 27 of this Law.

Article 37

No seller may forge the origin of a product, or forge or fraudulently use another producer’s name and address.

Article 38

No seller may forge or fraudulently use another producer’s authentication marks or other product quality marks(等质量标志).

Article 39

No seller may, in selling products, mix impurities or imitations into the products, or substitute a fake product for a genuine one, an inferior product for a superior one, or pass a substandard product off(冒充) as an up-to-standard one.

C-IV Compensation for Damage

Article 40

(1) A seller shall be responsible for repair or change of the product(修理、更换), or for refund of the purchase price(退货)if the product he sold is found to be in any of the following circumstances and, if losses are caused to the consumer who bought the product, the seller shall compensate for(赔偿) the losses:

(a) the product does not possess the properties(使用性能) as required and there are no prior indications(事先未作说明)of the same;

(b) the product does not conform to the product standards marked on it or its package; or

(c) the product does not conform to the quality condition(质量状况)indicated by way of product directions(产品说明), samples, etc.

(2) After the repair, change, refund or compensation has been made in accordance with the provisions of the preceding paragraph, if it is the producer or another seller who supplied the product to the seller (hereinafter referred to as supplier) that should bear the liability, the seller shall have the right to recover his loss from(向…追偿) the producer or supplier(供货者).

(3) Where a seller fails to make the repair, change, refund, or compensation in accordance with the provisions in the first paragraph, the department for supervision over product quality or the administrative department for industry and commerce shall order the seller to make corrections(责令改正).

(4) Where the sale contract or processing contract(承揽合同)concluded between different producers, different sellers, or between a producer and a seller provides otherwise, the parties concerned shall act in accordance with the clauses of the contract(按照合同约定执行).

Article 41

(1) If a producer’s defective product causes physical injury to a person(人身损害) or damage to property(财产损害) other than the defective product itself (hereinafter referred to as another person’s property), he shall be liable for compensation.

(2) A producer shall not be liable for compensation if he can prove the existence of(有)any of the following circumstances:

(a) the product has not been put in circulation(投入流通);

(b) the defect causing the damage does not exist(尚不存在)at the time when the product is put in circulation; or

(c) the science and technology at the time the product is put in circulation is at a level incapable of(水平尚不能…)detecting the defect(发现缺陷).

Article 42

Where physical injury to a person(人身损害)or damage to another person’s property is caused by a product’s defect resulting from the seller’s fault, the seller shall be liable for compensation. Where the seller can identify(指明) neither the producer of the defective product nor the supplier thereof, he shall be liable for compensation.

Article 43

Where a defective product(产品存在缺陷)causes physical injury to a person or damage to another person’s property, the victim may claim compensation from the producer or from the seller of such product. Where the seller has made the compensation when it is the producer that should bear the liability, the seller shall have the right to recover the loss from(向…追偿)the producer. Where the producer has made the compensation when it is the seller that should bear the liability, the producer shall have the right to recover the loss from the seller.

Article 44

(1) Where physical injury is caused by a defective product, the person liable shall compensate the victim for the expenses of medical treatment(医疗费), expenses of nursing care(医疗费)during treatment, and the decreased earnings due to the loss of his working time(因误工); where the victim is disabled, the person liable shall, in addition, pay for the self-care equipment(生活自助具), subsistence allowances(生活补助费), compensation for disability (残疾赔偿金), living expenses necessary for any other person supported by the victim, etc; where death is caused to the victim, the person liable shall also pay for the funeral expenses, compensation for death, and the living expenses necessary for any other person supported by the deceased before his death, etc.

(2) Where damage to the property of a victim is caused by a defective product, the person liable shall restore the damaged property to its original state(恢复原状), or pay compensation at the market price(折价赔偿). If other serious losses are caused thereby, the person liable shall compensate for such losses.

Article 45

(1) The limitation period for bringing an action(诉讼时效期间)claiming compensation for the damage caused by a product is two years, counting from the date on which the party concerned knows of or should know of(知道或者应当知道)the infringement of his rights and interests.

(2) The right to claim compensation for the damage caused by the defective product shall be forfeited 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(最初消费者), except where the clearly stated(明示的) period of safe-use(安全使用期)has not expired.

Article 46

For the purposes of this Law, “defect”(缺陷)means one that constitutes an unreasonable threat to(存在不合理的危险危及)personal safety or to safety of another person’s property; where there are national or sectoral standards for ensuring human health, personal safety and safety of property to measure up to(符合), “defect” means failure to measure up to such standards.

Article 47

Where a civil dispute over product quality arises, the parties may seek settlement through negotiation or mediation(通过协商或者调解解决). If the parties are not willing to do so, or if negotiation or mediation fails, they may apply to an arbitration institution(仲裁机构)for arbitration, as agreed upon between the parties(根据当事人各方的协议); if the parties fail to reach an agreement for arbitration or the agreement is invalid, they may bring a suit directly before the people’s court. Article 48

The arbitration institution or the people’s court may entrust a product quality inspection institution(产品质量检验机构), as mentioned in Article 19 of this Law, with the inspection of the quality of a product.

C-V Penalty Provisions

Article 49

Any producer or seller that produces or sells products not up to the relevant national or sectoral standards for ensuring human health, personal safety and safety of property shall be ordered to discontinue production or sale of such products(停止生产、销售), the products illegally produced or ready for sale shall be confiscated, a fine equal to the amount of but not more than three times the value of the products illegally produced or for sale(including those already sold and those not yet sold, the same hereinafter下同); the illegal gains, if any, shall

also be confiscated; if the circumstances are serious, the business license thereof shall be revoked; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 50

Where a producer or a seller mixes impurities or imitations into the product, or substitutes a fake product for a genuine one, or a defective product for a quality one, or passes a substandard product off as an up-to-standard one, he shall be ordered to discontinue production or sale, the products illegally produced or for sale(违法销售的产品) shall be confiscated, and he shall be fined not less than 50 percent of but not more than three times the value of the products illegally manufactured or for sale; the unlawful earnings, if any, shall be confiscated; if the circumstances are serious, the business license thereof shall be revoked; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

Article 51

Any producer that produces products which are eliminated by State orders or any seller that sells products which are eliminated and the sale of which is stopped(停止销售的)by State orders shall be ordered to discontinue production or sale of such products, the products illegally produced or for sale shall be confiscated, and a fine not more than the value of the products(货值金额) illegally produced or for sale shall be imposed; the illegal gains, if any, shall be confiscated; if the circumstances are serious, the business license thereof shall be revoked.

Article 52

Any seller that sells expired or deteriorated products(变质的产品)shall be ordered to discontinue sale, the products for illegal sale(违法销售的产品)shall be confiscated, and a fine not more than twice the value of the products((货值金额))for illegal sale shall be imposed; the illegal gains, if any, shall be confiscated; if the circumstances are serious, the business license thereof shall be revoked; if a crime is constituted, criminal liability shall be investigated in accordance with law.

Article 53

Any producer or seller that forges the origin of a product, forges or fraudulently uses another producer’s name and address, or forges or fraudulently uses authentication marks or other product quality marks shall be ordered to rectify, the products illegally produced or for sale shall be confiscated, and a fine not more than the value of the products illegally produced or for sale shall be imposed; the illegal gains, if any, shall be confiscated; if the circumstances are serious; the business license thereof shall be revoked.

Article 54

Where the marks of a product do not conform to the provisions of Article 27 of this Law, the producer or seller concerned shall be ordered to make rectification. Where the marks on a packed product(有包装的产品标识) do not conform to the provisions of Sub-paragraph (4) and (5) of Article 27 of this Law, if the circumstances are serious, the producer or seller concerned shall be ordered to discontinue production or sale of such products, and a fine not more than 30 percent of the value of the products illegally produced or for sale shall be imposed; the illegal gains, if any, shall in addition be confiscated.

Article 55

Where a seller sells products prohibited for sale as specified in the provisions from Article 49 to Article 53 of this Law, if he presents sufficient evidence to show that he is ignorant of(不知道)the fact that sale of the products is prohibited and gives true information about the source of the products, he may be given lighter or mitigated punishment(从轻或者减轻处罚).

Article 56

Any producer or seller that refuses to undergo supervision and inspection over product quality conducted in accordance with law shall be given a warning and be ordered to rectify; if he refuses to rectify, he shall be ordered to discontinue business operation for overhaul(停业整顿); if the circumstances are especially serious(特别严重), his business license shall be revoked.

Article 57

(1) Any product quality inspection institution or authentication body that forges an inspection result or issues an unauthentic certificate(出具虚假证明)shall be ordered to rectify and be fined not less than 50,000 yuan but not more than 100,000 yuan, the person directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 50,000 yuan; the illegal gains, if any, shall in addition be confiscated; if the circumstances are serious, the inspection institution or authentication body shall be disqualified(取消资格); if a crime is constituted, criminal liability shall be investigated in accordance with law.

(2) Any product quality inspection institution or authentication body that issues an untruthful inspection result or certificate and thus causes losses shall bear corresponding liability of compensation; if major losses are caused, the inspection institution or authentication body shall be disqualified.

(3) Where a product quality authentication body, in violation of the provisions of the second paragraph of Article 21 of this Law, fails to demand, as required by law, rectification with respect to a product which is not up to standard for authentication but on which the authentication mark is used, or to disqualify the product from using the mark, if losses are caused to consumers due to the

fact that the product is not up to standard(因产品不符合认证标准), the said body shall bear joint and several liability(连带责任)with the producer and seller of the product; if the circumstances are serious, the authentication body shall be disqualified.

Article 58

Where a public organization or an intermediary agency undertakes to guarantee(作出承诺、保证) the quality of a product, if the product is not up to the quality standard(质量要求)as guaranteed and losses are caused to consumers, it shall bear joint and several liability with the producer and seller of the product.

Article 59

Where false advertisements regarding product quality are published(在广告中作虚假宣传) to cheat or mislead(欺骗和误导) consumers, the advertiser shall be investigated for legal responsibility in accordance with the Advertisement Law of the People’s Republic of China.

Article 60

The producer’s raw and supplementary materials, packaging materials and production tools specially used for the production of products as mentioned in Article 49 and 51 of this Law or for the production of fake products passed off as genuine ones(以假充真的产品)shall be confiscated. Article 61

Where a person knows or should know that the manufacture or sale of a product is prohibited by this Law, if he offers convenience(提供便利条件)for the transportation, keeping and storage of such product, or offers technology for the manufacture of products passed off as genuine ones, all his earnings therefrom shall be confiscated, and he shall be fined not less than 50 percent of but not more than three times the unlawful earnings; if a crime is constituted, he shall be investigated for criminal responsibility.

Article 62

Any operator in the service industry(服务业)who uses in services the products prohibited for sale, as mentioned in the provisions from Article 49 to 52 of this Law, shall be ordered to discontinue the use; those who know or should know that sale of the products they use is prohibited by this Law shall be punished in accordance with the provisions of this Law for the punishment of the seller of such products(依照对销售者的处罚)and on the basis of the value of the illegally used products(including those already used and those not yet used).

Article 63

Anyone who conceals, moves to other places(转移), sells or destroys goods sealed up or seized by the department for supervision over product quality or the administrative department for industry and commerce shall be fined not less than the value but not more than three times the value of the said goods(货值金额等值); the illegal gains, if any, shall be confiscated.

Article 64

Where a person should bear the civil liability of compensation and be fined concurrently in violation of this Law, but his property is insufficient to pay both the compensation and the fine, he shall first pay the compensation(先承担民事赔偿责任).

Article 65

Under any of the following circumstances, functionaries of the people’s governments at various levels or that of State organs shall be given disciplinary sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law:

(1) shielding or conniving at violations of this Law committed in the manufacture or sale of products;

(2) divulging information to(通风报信)the parties who engage in production or sale activities in violation of the provisions of this Law and helping them evade investigation and handling(逃避查处); or

(3) obstructing or interfering in(阻挠、干预)the investigation and handling of the violations of this Law committed in the manufacture or sale of products conducted by the department for supervision over product quality or the administrative department for industry and commerce, and thus causing serious consequences.

Article 66

If the department for supervision over product quality, when conducting supervision and random check, asks for samples(索取样品)in excess of the specified amount(超过规定的数量)or charges fees from the inspected, it shall be ordered by the corresponding department at a higher level or the supervisory organ to return the extra samples or the fees; if the circumstances are serious, the person directly in charge and other persons directly responsible shall be given disciplinary sanctions in accordance with law.

Article 67

(1) If the department for supervision over product quality or any other State organ, in violation of the provisions of Article 25 of this Law, recommends to the public a manufacturer’s product, or participates in business operations in the form of supervision over the manufacture or sale of products(监制、监销), it shall be ordered by its superior organ or the supervisory organ to rectify and eliminate the negative effect(消除影响), and its unlawful earnings, if any, shall be confiscated; if the circumstances are serious, the person directly in charge and other persons directly responsible shall be given disciplinary sanctions in accordance with law.

(2) If a product quality inspection institution commits the illegal acts mentioned in the preceding paragraph, it shall be ordered by the department for supervision over product quality to rectify and eliminate the negative effect, and its unlawful earnings, if any, shall be confiscated and a fine not more than the amount of its unlawful earnings may be in addition be imposed(可以并处); if the circumstance are serious, it shall be disqualified for quality inspection(撤销质量检验资格).

Article 68

If a functionary of the department for supervision over product quality or the administrative department for industry and commerce abuses his powers, neglects his duties, or engages in malpractices for personal gains, thus a crime is constituted(构成犯罪的), he shall be investigated for criminal responsibility in accordance with law; if it is not serious enough to constitute a crime, he shall be given disciplinary sanctions in accordance with law.

Article 69

Anyone who obstructs, by means of violence or intimidation(以暴力、威胁方法), functionaries of the department for supervision over product quality or the administrative department for industry and commerce from performing their duties(执行职务)according to law shall be investigated for criminal responsibility in accordance with law; anyone who refuses or obstructs the said functionaries from performing their duties without resorting to violence or intimidation shall be punished by the public security organ in accordance with the provisions of the Law on Penalties for Administration of Public Security(治安管理处罚法).

Article 70

The administrative penalty involving revocation of business licenses, as provided for in this Law, shall be decided by the administrative department for industry and commerce, and the administrative penalties, as provided for in the provisions from Article 49 to Article 57 and from Article 60 to Article 63, shall be decided by the department for supervision over product quality or the administrative department for industry and commerce within the scope of their functions and powers prescribed by the State Council. Where laws or administrative regulations provide otherwise as to the authorities exercising the power of administrative penalty(行政处罚权), the provisions of such laws and administrative regulations shall apply.

Article 71

Products confiscated in accordance with the provisions of this Law shall be destroyed(销毁)or handled by other means in accordance with the relevant regulations of the State.

Article 72

The value of the products mentioned in the provisions from Article 49 to Article 54, and of Article 62 and 63 shall be calculated on the basis of the marked prices(标价)of the products illegally manufactured or for sale; where such prices are not available, it shall be calculated on the basis of the market prices for similar products(同类产品的市场价格).

Chapter VI Supplementary Provisions

Article 73

(1) Measures for supervision(监督管理办法)over the quality of military industrial products(军工产品)shall be formulated separately by the State Council and the Central Military Commission.

(2) Where laws or administrative regulations provide otherwise as to the liability of compensation for damages caused by nucleus facilities or products(核设施、核产品), the provisions of such laws or regulations shall apply.

Article 74 This Law shall go into effect as of September 1st, 1993. 2012-10-26 20:55:23