吉林省產(chǎn)品質(zhì)量監(jiān)督條例

1、吉林省產(chǎn)品質(zhì)量監(jiān)督條例regulations of jilin province on product quality supervision(by july 25, 1997, jilin province, the eighth people，s congress of the thirty-second meeting of the standing committee of jilin province in august 5, 1997, the eighth session of the standing committee of the people's congress

2、 promulgated the no. eighty-seventh)chapter 1 general provisionsarticle 1 in order to strengthen the supervision and administration of product quality, to define the liability for product quality, protecting users, consumers and producers and sellers of the legitimate rights and interests, maintain

3、social and economic order, according to "people's republic of china product quality law，z and relevant laws and regulations, combined with the actual situation of this province, the enactment of this ordinancesecond in the administrative region of the province engaged in product production,

4、 sales and supervision and management activities, must comply with these regulations except as otherwise stipulated by laws and regulationsthe products referred to in these regulations refer to the products which are processed and manufactured for salethese regulations are not applicable to construc

5、tion projects, but the products installed and used in construction projects shall be governed by these regulationsthird technical supervision departments of the people's governments at or above the county level are the competent departments of product quality supervision, and are responsible for

6、 the supervision and management of product quality within their respective administrative areasthe product quality inspection organization owned by the technical supervision department of the people，s government at or above the county level shall be responsible for the quality inspection of the prod

7、ucts within the administrative region.industrial and commercial administration, health, labor and other relevant departments shall supervise and manage the quality of products within their respective dutiesfourth producers and sellers shall be responsible for the quality of the products they produce

8、 and sell, fulfill the quality obligations of the products according to law, and assume the responsibility of product qualityarticle fifth the people，s governments at all levels and their subordinate departments to encourage the implementation of scientific quality management and quality incentive s

9、ystem, to the advanced quality management and product quality to meet domestic and international advanced level, units and individuals that have made outstanding achievements: encourage, support and protection units and individuals social supervision and supervision of product qualitythe second chap

10、ter, product quality supervision and management sixth technical supervision departments and the relevant departments shall carry out the enterprise quality system certification and product quality certification system; the implementation of the quality of products liability insurance and credit insu

11、rance product quality and product repair, replacement and return system; the implementation of anti-counterfeiting technology products use systementerprises may apply for certification of enterprise quality system and product quality certification according to lawthe supervision and management of an

12、ti-counterfeiting technology products are supervised by the provincial technical supervision departmentseventh of a few important products not included in the national production license directory and relates to human health, personal and property safety products production permit system. the implem

13、entation of the production permit for product catalog and management measures formulated by the provincial people's governmentrelating to human health, personal safety and safety of property or relationship is not beneficial to the people，s livelihood, issued by the product quality supervision a

14、nd inspection agencies qualification of a few important industrial products and agricultural means of production, pre-sale inspection system the catalogue of pre inspection and inspection products and the management methods for pre inspection and declaration shall be formulated by theprovincial peop

15、le，s government.eighth, the quality of products to implement supervision and inspection systemproduct quality supervision and inspection of the implementation of unified management, division of responsibility, coordination, to prevent duplication principleproduct quality supervision and inspection,

16、including supervision and spot checks, unified supervision and inspection, regular supervision and inspection and daily supervision and inspection of four waysthe provisions of the laws and regulations on the supervision and inspection of product quality are otherwise stipulatedninth technical super

17、vision departments at all levels can organize supervision and spot checks, and the supervision and sampling plan must be approved by the technical supervision department at the previous leve1.the competent departments of the relevant industries shall supervise and check the products, and the supervi

18、sion and sampling plan shall be submitted to the technical supervision department of the people's government at the same level for coordination and unified releasethe technical supervision departments of the tenth provinces may organize and implement unified supervision and inspection independen

19、tly or in conjunction with the relevant competent departments of the province. the unified supervision and inspection plan shall be put forward by the provincial technical supervision department and submitted to the technical supervision department of the state council for approva1.eleventh technica

20、l supervision departments at all levels carry out regular supervision and inspection of important products that need to monitor quality periodically in their administrative areasthe catalogue and inspection cycle of the regular supervision and inspection shall be determined by the provincial technic

21、al supervision department in conjunction with the provincial price, finance department and relevant competent authorities city (state) regular supervision and inspection plan must be submitted to the provincial technical supervision departments for approval; county (city, district) regular supervisi

22、on and inspection plan shall be reported to the city (state) technical supervision department for examination and approval, and report to the provincial technical supervision departments for the recordtwelfth technical supervision departments at all levels and other relevant departments can organize

23、 the implementation of routine supervision and inspection that is, the daily supervision and management found, and users, consumers or related organizations to report quality problems at any time to check the productsthe daily supervision and inspection should be carried out in an organized manner,

24、and the time, frequency, object and product category of the inspection should be determined in daily supervision and inspection, the inspectors should explain the reasons, basis, product types and methods of inspection to the inspected personsthirteenth technical supervision departments and relevant

25、 departments should accept complaints from users and consumers on product quality problems, report, and be responsible for processingfourteenth producers and sellers have the right to reject product quality supervision and inspection other than the provisions of laws and regulationsfifteenth product

26、s quality supervision inspection, inspection basis is:(1) the provisions of laws, regulations and regulations;(two) national standards, industry standards, local standards and enterprise standards for filing;(three) the contents in the product identification, product description and the quality agre

27、ement and technical conditions in the contract;(four) the product quality evaluation rules or inspection methods approved by the state or provincial technical supervision departmentsthe results of the sixteenth supervision and inspection shall be notified within 7 days after the examination. the res

28、ults of supervision and inspection should be announced to the publicthe seventeenth supervision does not charge the inspection fee to the checked personsunified supervision and inspection and regular supervision and inspection, in accordance with national and provincial regulations to collect inspec

29、tion feesthe inspection fee required for the pre sale inspection shall be borne by the inspection agentthe eighteenth technical supervision departments and their law enforcement personnel shall exercise the following functions and powers in the supervision and inspection of product quality:(a) to co

30、nsult and copy the relevant invoices, vouchers, account books, business correspondence and other materials, with photography, recording, video and other means to obtain the required documents;(two) entering the production site and checking the product storage place;technical supervision of administr

31、ative law enforcement personnel in the exercise of the powers prescribed in the preceding paragraph, there must be more than two people and produce administrative law enforcement certificates, law enfotcement marks wear the uniform of the technical supervision departments, law enforcement documents,

32、 entitled to refuse to use uniform, in accordance with the provisions of laws, regulations or rules of procedurenineteenth technical supervision departments in the collection of evidence, can adopt the method of taking samples, the evidence may be lost or difficult to obtain later, after the approva

33、l of the department, can advance registration and preservation, and shall be in the registration and preservation of the date of making decisions within 7 days during this period, the parties or the relevant personnel shall not be destroyed or transfer the evidencetwentieth provincial technical supe

34、rvision departments are responsible for the planning and management of the province，s product inspection institutionsthe product quality inspection organization must have the corresponding testing conditions and ability after the assessment by the technical supervision department of the province, th

35、e certificate of measurement certification and examination and approval will be issued.if the product quality supervision and inspection institution is unable to undertake the inspection of the product, the technical supervision department may entrust the technical institution with the inspection co

36、ndition and ability to carry out the inspection.the provisions on the planning, management and establishment of the product quality supervision and inspection institutions are stipulated by laws and regulations, which shall be stipulated by the laws and regulationstwenty-first technical supervision

37、departments and product quality supervision and inspection institutions to inspect the quality of production and sales of products, inspection shall provide the relevant certificates and materials, and shall not obstruct the inspection personnel to enter the production and storage sites for inspecti

38、on.when the technical supervision department and the product quality supervision and inspection institution take out the inspection samples,the sampling certificate shall be produced and the sampling quantity and sampling method shall be determined according to the sampling standards stipulated or c

39、onfirmed by the state or provincial technical supervision departments the required samples are provided by the inspectedif the inspected party disagrees with the test result, it shall apply for re examination within 15 days after receiving the inspection report from the technical supervision departm

40、ent or the technical supervision department at the upper leve1. the cost of the reinspection shall be borne by the responsible partyat the end of the test, the inspection unit shall return the sample to the inspected party with in 7 days after the expiration of the sample preservation, and the reaso

41、nable loss of the sample in the inspection shall be explained to the inspected party the sample freight shall be borne by the inspected party.the twenty-second product quality inspection organization must be responsible for the inspection report issued by them, and shall not forge the inspection dat

42、a and inspection conclusion.the twenty-third product quality supervision, inspection and inspection personnel should keep the technical secrets and trade secrets of the inspected.the third chapter is the product quality responsib訂ity and obligation of producers and sellersthe twenty-fourth producers

43、 must carry out strict inspection system for the products they produce, and issue the product quality certificate to the qualified productsthe seller should accept the quality of the product when purchasingtwenty-fifth products produced and sold shall meet the following requirements:(a) does not exi

44、st to endanger the personal and property safety of the unreasonable danger, protect human health and personal and property safety of the national standards, industry standards, local standards or by the filing of the enterprise standard, should meet the standard;(two) the performance of the product

45、should be possessed, except for the defects in the use of the product;(three) conformity to product standards and quality conditions indicated by product descriptions and physical samples.the labels of twenty-sixth products or their packages shall meet the following requirements:(1) certificate of p

46、roduct quality inspection;(two) the name of the product, the name of the factory and the site of the factory, and the name of the factory and the site should be consistent with the business license of the producer;(three) according to the product characteristics and use requirements, it is necessary

47、 to mark the product implementation standards, specifications, grades, main technical parameters, the main components of the name and content, corresponding to be marked;(four) the structure, per forma nee and use of complex products, should be installed, commissioning, use, maintenance methods and

48、maintenance conditions of chinese instructions;(five) the implementation of the production license, permit and safety certification of products, marked the corresponding sign;(six) products that are used within a specified time limit, indicating the date of production and the period of safe use or e

49、xpiry date;(seven) improper use is likely to cause damage to the product itself or may endanger the safety of personal and property products, there are warning signs or chinese warning notes;(eight) assembly or packaging products with imported parts, marked with name and address or the assembly plan

50、t packing plant with chinese;(nine) the quality is not up to the required standard, but still has the use value and the requirements for safety and hygiene products, the products or packaging prominently marked "product", '"defective products" or "off".twenty-sevent

51、h not poisonous, dangerous or fragile, upright during storage and transportation, products have other special requirements, the packaging must meet the corresponding requirements, warning marks or warning instructions marked chinese, storage notethe twenty-eighth item prohibits the production and sa

52、le of the following products:(1) it does not conform to the standards for safeguarding human health and personal and property safety;(two) adulterated, or impurities, shoddy, filled with old and new or unqualified products as qualified products;(three) forging, using or concealing the place of origi

53、n, the name of the factory and the site of the factory;(four) failure or deterioration;(five) forgery or fraudulent use of certification marks, famous marks, production license, permit mark, bar code identification and product standard code, product quality certificate;(six) forging the date of prod

54、uction or expiration date;(seven) the implementation of production licenses, permits and national safety certification of products, but did not obtain a permit, permit and safety certification;(eight) products that have been checked before sale but not examined;(nine) the state has been eliminated;(

55、ten) there is no effective standard;(eleven) producing or assembling unqualified raw materials and partstwenty-ninth product fairs, professional market holders and counter lessor undertake joint and several liability for product qualitythirtieth sellers shall bear the liability for compensation for

56、the damage of the products sold during the period of quality guarantee according to the law of the repair, replacement and return of the productsthirty-first disputes arising from the quality of products, the parties may apply for technical supervision departments or other departments and organizati

57、ons to resolve mediation, but also can apply for arbitration according to the agreement or directly to the people，s court prosecution.the fourth chapter is legal responsibilitythirty-second in violation of the regulations stipulated in article twenty-second, forged inspection data and conclusion, or

58、dered to impose the corrections, the inspection fee is 1 times less than 3 times the fine; if the circumstances are serious, revoke its business licensethirty-third of the product label does not comply with the provisions of article twenty-sixth of the ordinance, shall be ordered to make corrections

59、; the packaging product label is not in conformity with the provisions of article twenty-sixth (six), (seven) the provisions, in serious cases, may be ordered to stop production and sales, and illegal income 15% to 20%.thirty-fourth production does not meet the protection of human health, personal and property safety of the national standards, industry standard products, shall be ordered to stop the production, confiscate