|
(Adopted
at the 35th Session of the Standing Committee of the 11th Shanghai Municipal
People's Congress on December 28, 2001)
Chapter
I General Provisions
Article
1
For
the purpose of strengthening the work of standardization in this Municipality,
promoting the advancement of technology, ensuring the quality of products and
service, and raising the social economic efficiency, these Regulations are
formulated according to theĦ°Standardization Law of the People's Republic of
ChinaĦħ, theĦ°Regulations on the Implementation of the Standardization Law of the
People's Republic of ChinaĦħand other relevant laws, administrative regulations
with consideration of the actual circumstances in this Municipality.
Article
2
These
Regulations apply to the units or individual persons in the administrative area
of this Municipality that adopt international standards and advanced foreign
standards, implement national standards, standards of the industry in their
activities of production, operation and service, and formulate and implement
local standards, enterprise standards and other corresponding supervisions and
administrations.
Article
3
The
municipal and district/county people's governments shall bring the work of
standardization into the national economy and social development plan, and
ensure the necessary input of funds.
The
people's governments at all levels shall encourage and support the enterprises
and institutions to take the work of standardization seriously, strengthen the
education and training of the professional and technical personnel, and
establish a healthy working system of the standardization.
Article
4
The
Municipal Quality and Technology Supervision Department (hereinafter referred to
as the MQTSD), is the competent administrative department in charge of the
standardization in this Municipality, and exercises the unified administration
of the work of standardization in this Municipality. The District/County Quality
and Technology Supervision Department (hereinafter referred to as the D/CQTSD)
shall be responsible for the administration of the work of standardization in
its administrative area according to its duty.
The
Municipal Quality and Technology Supervision and Inspection Brigade under the
MQTSD shall exercise the administrative punishment according to the
authorization of these Regulations.
Other
relevant administrative departments shall do a good job of the administration of
the work of standardization within their own respective duties, and arrange a
certain portion of the science and technology investment fund to support the
work of standardization.
Article
5
Trade
associations, professional academic organizations of standardization and other
mass organizations may participate in the promotion of international standards,
advanced foreign standards, national standards and standards of trade
associations, promotion and drafting of local standards, and conduct the
activities of consultation, training and business exchange concerning the
standardization.
Article
6
The
intermediary organizations that provide the society with service concerning
standardization shall have necessary professional technical personnel.
The
quality and technology supervision departments at all levels shall guide and
supervise the intermediary organizations that conduct service business of
standardization jointly with other relevant administrative departments.
Article
7
The
quality and technology supervision departments at all levels, relevant
administrative departments, news media and relevant mass organizations,
enterprises and institutions shall strengthen the propaganda and education of
standardization to raise the consciousness of standardization in the
society.
The
MQTSD shall establish the information inquiry system of standardization, and
provide the society with the professional information of standardization and the
inquiry service of laws and regulation on standardization.
Chapter
II The Adoption of International Standards and Advanced Foreign Standards and
The Implementation of National Standards and Standards of Trade Association
Article
8
In
the formulation of local standards, if there is an international standard, the
local standard shall be formulated on the basis of the international
standard.
Enterprises
shall be encouraged to adopt international standards or advanced foreign
standards in their formulation of the enterprise standard, development of new
products and conduct of technical renovation.
The
adoption of international standards and advanced foreign standards shall satisfy
the provisions of laws, regulations and compulsory standards, adapt to the
conditions of the local climate, geography, use of resources, basic technology
and infrastructure, and reach the target of advancement in technology,
economically reasonable and practical in safety.
Article
9
If
the development projects that apply for the governmental finance or the projects
of affirmed high and new technology have an international standard or advanced
foreign standard that is stricter than the national standard or the standard of
the trade association, they shall adopt the international standard or the
advanced foreign standard, and shall satisfy the provisions of Clause 3 of
Article 8.
In
case that any of the projects mentioned in the preceding clause does not adopt
the international standard or the advanced foreign standard though it has the
possibility to do, the relevant administrative department shall not permit the
project to be put under authorized plan.
Article
10
The
enterprise may, according to relevant state provisions, use the marks that show
that the product is made by adopting international standard on the product
produced with international standard.
Article
11
Where
there is a compulsory standard or a standard of the trade association, the unit
or the individual person who conduct the activities of production, operation and
service shall adopt the standard accordingly. The production, selling and
importation of products that do not satisfy the compulsory national standard or
the standard of the trade association shall be forbidden.
The
adoption of the recommended national standard and the standard of the trade
association shall be encouraged.
Article
12
In
case of a product over which the state enforces a compulsory authentication, the
enterprise shall apply for an authentication according to the relevant state
provisions, and can sell the product only after it has met the requirements of
the corresponding standard and received the authentication certificate.
In
case of a product or a quality system that the state promotes a voluntary
authentication, the enterprise is encouraged to actively apply for the
authentication. If the product or the quality system meets the requirements of
the appropriate standard and passes the authentication, the enterprise may print
the authentication sign on the product, the package materials, or other
advertising materials, or publish relevant statement.
It
is forbidden to use the authentication sign without an authentication or the
authentication is not passed.
The
quality and technology supervision departments at all levels shall give
enterprises guidance and assistance in their activities of applying for the
authentication.
Article
13
The
public places and facilities shall display necessary public information signs
according to the standard regulated by the state and this Municipality.
Chapter
III The Formulation and Implementation of Local Standards
Article
14
In
case in the production, operation and service-providing activities there is no
national standard or standard of the trade association, and there is need of a
unified norm of technical requirement in this Municipality, a local standard
containing the making of a standard sample may be formulated. The formulation of
the compulsory local standard shall be restricted to area of the protection of
human health and personal and property safety, the protection of ecology and
environment, and prevention of fraud, etc.
The
local standard shall be reported to the relevant competent administrative
department of the state for the record, and with the implementation of the
corresponding national standard or the standard of the trade association, the
local standard shall be abolished with the exception that laws have provided
otherwise.
Article
15
In
case of a compulsory standard, the unit or the individual person who conducts
the activities of production, operation and service shall follow it. It is
forbidden to produce, sell and import products that do not satisfy the
compulsory local standard.
The
adoption of the recommended local standard shall be encouraged.
Article
16
The
Municipality shall give priority to formulating local standards in the fields
concerning the safety and hygiene of industrial products, product marks, safety
and hygiene of production, use of energy and resource and environmental
protection, etc., and organize their implementation.
Article
17
The
Municipality shall give priority to formulating local standards in the fields
like the environment of planting or cultivating, the quality of seeds,
seedlings, breeding stocks and poultry, the agricultural operative norms, the
use of farming chemicals, animal medicines, fertilizers, forages and forage
additives, the testing of harmful elements like heavy metal and medicine
remaining, and distinctive farm produce, etc., and organize their
implementation.
Article
18
The
Municipality shall give priority to formulating local standards in the field of
service industry like the protection of human health and personal and property
safety, norms of service operation, the check and acceptance and evaluation of
the service quality, etc., and organize their implementation.
The
service, products and facilities provided by the operators in the service
industry shall meet the requirements of the compulsory standard. The use of
products and facilities that do not meet the requirements of the compulsory
standard in the service industry shall be forbidden.
Article
19
The
Municipality shall give priority to formulating local standards in the fields of
the designing and application of new technique, new technology and new materials
in the construction projects; or formulate the operative local standard
according to the national standard or the standard of the trade association
guiding the construction industry, and organize their implementation.
The
survey, designing, operation and the check and acceptance of the construction
project shall meet the requirements of the compulsory standard.
Article
20
The
Municipality shall give priority to formulating local standards in the fields
like the information system of the urban public service, the information coding
system of urban basic geography, the establishment of the intelligence system in
communities and buildings, the acceptance upon examination and evaluation of the
safety of the information application system, and the application of electronic
commerce, etc., and organize their implementation.
The
designing and project operation of the information application system shall meet
the comprehensive requirements of the standardization. Any information
application system that does not meet the comprehensive requirements of the
standardization shall be forbidden to be connected into the public information
network.
Article
21
The
proposal of the formulation of a local standard may be proposed by the relevant
administrative department to the MQTSD, or may be proposed by the enterprises,
trade associations, science and technology research institutions, professional
academic organizations of standardization or individual persons.
The
MQTSD shall be responsible for the making of the plan of the formulation of
local standards, and for the solicitation of opinions from the society. Once the
plan of the formulation of local standards is settled, it shall be published in
the designated media.
Article
22
The
drafting of the local standard may be organized by the relevant administrative
department, or may be entrusted by the MQTSD to the organizations like
enterprises, trade associations, science and technology research institutions,
and professional academic organizations of the standardization, or be entrusted
to the experts.
The
drafting of the local standard shall solicit opinions from relevant enterprises,
trade associations, science and technology institutions, professional academic
organizations and experts.
Article
23
The
MQTSD shall organize experts to examine the local standards among which, the
examination of the compulsory standard shall listen to the opinions from the
relevant enterprises and institutions in the form of hearings; in case of
necessity, the MQTSD may solicit opinions from the society through media.
Article
24
The
local standard shall be approved and published by the MQTSD with the exception
that laws and regulations have provided otherwise.
The
catalogue and the main contents of the compulsory standards shall be published
in the websites of the government departments, and the MQTSD shall timely
publish the catalogue of the local standards in the media.
Article
25
The
MQTSD shall, in the right time, organize the re-examination of the local
standard according to the development of science and technology and the need of
economic construction, and decide its continuation, modification or abolishment.
The longest re-examination cycle shall be not more than 5 years.
The
re-examination of the local standard shall listen to the opinions from relevant
enterprises, trade associations, science and technology institutions,
professional academic organizations, and experts.
Article
26
The
local standard and the regulations related to the technology that should be
informed to the international organizations according to the stipulations of the
international conventions to which our country is an acceding state shall be
reported unifiedly by the MQTSD to the relevant competent administrative
department of the state.
Chapter
IV The Standardized Management of Enterprises
Article
27
Enterprises
shall be encouraged to establish and implement the enterprise standard system
that takes the technical standard as the main body, and includes the management
standard and the working standard. The quality and technology supervision
departments at all levels shall promote the establishment and implementation of
the enterprise standard system.
Article
28
In
the activities of production, operation and service, if there is no national
standard, standard of the trade association or local standard, the enterprise
shall formulate an enterprise standard.
In
case there is a national standard, a standard of the trade association or a
local standard, the enterprise is encouraged to formulate an enterprise standard
stricter than the national standard, the standard of the trade association or
the local standard.
Article
29
Any
enterprise standard may be formulated by the enterprise independently, or be
jointly formulated by the relevant enterprises according to the principle of
voluntary participation, or be unifiedly formulated by the member enterprises
organized by the trade association.
Article
30
The
enterprise standard shall not be inconsistent with the compulsory standard. In
case of inconsistency, the quality and technology supervision department shall
order a rectification.
Article
31
The
enterprise shall timely re-examine its own enterprise standard according to the
publication, modification and abolishing of the national standard, the standard
of the trade association or the local standard.
Article
32
The
enterprise shall check the quality of its products according to the standard
that the enterprise has implemented.
In
case that the enterprise has warranted that its product has reached the
international standard and the advanced foreign standard, the recommended
national standard, the standard of the trade association, or the local standard,
the enterprise may publish a self-qualified statement. And its product shall
satisfy the standard warranted in the self-qualified statement.
Article
33
An
enterprise shall mark the code, number and name of the implemented standard on
its products or the package or guidebook.
The
marking of the product marks shall satisfy the relevant provisions of the state.
The sale of the product without a product mark is forbidden with the exception
of the product that is difficult to mark.
Chapter
V Legal Liability
Article
34
The
unit or the individual person who violates theĦ°Standardization Law of the
People's Republic of ChinaĦħ, theĦ°Regulations on the Implementation of the
Standardization Law of the People's Republic of ChinaĦħ, theĦ°Law of the People's
Republic of China on the Product QualityĦħ, and other laws and administrative
regulations in their activities of production, operation and service shall be
handled according to law by the administrative departments provided by laws and
administrative regulations.
Article
35
Any
act done in violation of these Regulations shall be handled by the Municipal
Quality and Technology Supervision and Inspection Brigade according to the
following provisions:
1.
The violator who produces and sells the product that does not satisfy the
compulsory standard shall be ordered to rectify, his illegally produced or sold
products shall be confiscated, and he shall be cumulatively penalized with a
fine of between the equivalent value of the price value of the illegally
produced or sold products and three times of that value. In case there are
illegal gains, the illegal gains shall be cumulatively confiscated and a fine of
between not less than 500 yuan and not more than 5,000 yuan shall be imposed on
relevant liable person;
2.
The violator who uses the product or facility that does not satisfy the
compulsory standard in the operational service shall be ordered to stop. The
person who knows or should know that the product or the facility used does not
satisfy the compulsory standard shall be given a fine of an amount below the
equivalent value of the price value of the product or the facility used;
3.
In case of an infringement of the authentication sign, the violator shall be
ordered a rectification, the illegally produced or sold products shall be
confiscated, and he shall cumulatively be penalized with a fine of an amount
below the equivalent value of the price value of the illegally produced or sold
products. In case there are illegal gains, the illegal gains shall be
cumulatively confiscated; and
4.
In case that a product has an authentication certificate but has failed to
satisfy the authentication standard is being sold by using the authentication
sign, the violator shall be ordered a rectification, and shall be cumulatively
penalized with a fine of an amount below twice the illegal gains.
Article
36
The
personnel in the quality and technology supervision departments at all levels,
the Municipal Quality and Technology Supervision and Inspection Brigade and
other relevant administrative departments who does any one of the following acts
shall be given an administrative punishment according to law and if he has any
illegal income, the illegal income shall be confiscated:
1.
To shield or indulge the action that violates the provisions of these
Regulations in the activities of production, operation and service;
2.
To tip off the unit or the individual person who violates the provisions of
these Regulations in the activities of production, sale and service, and assists
him to escape the investigation and handling;
3.
To participate in the activities of production, sale and service through the
form of supervising the production and sale of the product; and
4.
Other acts like abusing power, neglecting duty and malpractice for personal
gains, etc..
Article
37
Any
unit or individual person who violates the provisions of these Regulations in
the activities of production, operation and service, and thus causes personal or
property losses to other unit or individual person shall bear corresponding
civil liabilities.
Article
38
In
case that the violation of the provisions of these Regulations constitutes a
crime, the violator shall be prosecuted for the criminal liability.
Article
39
In
case that the party concerned does not accept the specific administrative act
done by the administrative department, or the Municipal Quality and Technology
Supervision and Inspection Brigade, it may apply for an administrative
reconsideration or bring an administrative lawsuit according to
theĦ°Administrative Reconsideration Law of the People's Republic of ChinaĦħor
theĦ°Administrative Litigation Law of the People's Republic of ChinaĦħ.
Chapter
6 Supplementary Provisions
Article
40
The
technical requirements of the exported products shall be carried out according
to the terms stipulated in the contract.
Article
41
These
Regulations shall become effective on March 15, 2002. |
