(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993, and amended in accordance with the Decision on Amending the Product Quality Law of the People's Republic of China adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000)文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 1 This Law is enacted to strengthen the supervision and administration of product quality, improve the level of product quality, define liability for product quality, protect the lawful rights and interests of consumers, and maintain the social and economic order.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 2 Anyone engaged in the production or sale of products within the territory of the People's Republic of China must comply with this Law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
For the purposes of this Law, "products" means products that have been processed or manufactured for the purpose of sale.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Construction projects shall not be governed by the provisions of this Law; however, where the building materials, structural components and fittings, and equipment used in construction projects fall within the scope of products as prescribed in the preceding paragraph, the provisions of this Law shall apply.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 3 Producers and sellers shall establish and improve internal product quality management systems, and strictly implement post-specific quality specifications, quality responsibilities, and corresponding assessment methods.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 4 Producers and sellers shall bear liability for product quality in accordance with the provisions of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 5 It is prohibited to forge or fraudulently use certification marks or other quality marks; it is prohibited to forge the place of origin of products, or to forge or fraudulently use another person's factory name or factory address; and it is prohibited to mix impurities or imitations into products produced or sold, pass fake goods off as genuine ones, or pass inferior goods off as superior ones.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 6 The State encourages the adoption of scientific quality management methods and the use of advanced science and technology, and encourages enterprises to achieve and exceed industry standards, national standards, and international standards in product quality.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Units and individuals that have achieved outstanding results in advanced product quality management and in attaining internationally advanced levels of product quality shall be rewarded.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 7 People's governments at all levels shall incorporate the improvement of product quality into national economic and social development plans, strengthen overall planning and organizational leadership for product quality work, guide and urge producers and sellers to strengthen product quality management and improve product quality, and organize relevant departments to take measures in accordance with the law to stop acts in the production and sale of products that violate the provisions of this Law, so as to ensure the implementation of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 8 The product quality supervision department under the State Council shall be in charge of product quality supervision throughout the country. The relevant departments under the State Council shall be responsible for product quality supervision within the scope of their respective duties.文章源自FOFCC-http://fofcc.org.cn/am/11213/
The product quality supervision departments at or above the county level shall be in charge of product quality supervision within their respective administrative regions. The relevant departments of local people's governments at or above the county level shall be responsible for product quality supervision within the scope of their respective duties.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where the law provides otherwise for the departments responsible for product quality supervision, the provisions of the relevant laws shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 9 Staff members of people's governments at all levels and staff members of other State organs shall not abuse their powers, neglect their duties, or engage in malpractices for personal gain by shielding or conniving at acts in the production or sale of products that violate the provisions of this Law in their own regions or systems, or by obstructing or interfering with the investigation and handling of acts in the production or sale of products that violate the provisions of this Law in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where local people's governments at all levels or other State organs shield or connive at acts in the production or sale of products that violate the provisions of this Law, the legal liability of their principal persons in charge shall be pursued in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 10 Any unit or individual shall have the right to report acts that violate the provisions of this Law to the product quality supervision department or other relevant departments.文章源自FOFCC-http://fofcc.org.cn/am/11213/
The product quality supervision departments and relevant departments shall keep the informants confidential and shall give rewards in accordance with the provisions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 11 No unit or individual may exclude quality-qualified products produced by enterprises outside their own region or system from entering their own region or system.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter II Supervision of Product Quality文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 12 Product quality shall pass inspection before being deemed qualified, and unqualified products shall not be passed off as qualified products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 13 Industrial products that may endanger human health or the safety of persons and property must comply with national standards and industry standards for ensuring human health and the safety of persons and property; where no national standards or industry standards have been formulated, they must comply with the requirements for ensuring human health and the safety of persons and property.文章源自FOFCC-http://fofcc.org.cn/am/11213/
It is prohibited to produce or sell industrial products that do not comply with the standards and requirements for ensuring human health and the safety of persons and property. Specific administrative measures shall be prescribed by the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 14 In accordance with internationally accepted quality management standards, the State shall implement a system for enterprise quality system certification. Enterprises may, on a voluntary basis, apply to certification bodies recognized by the product quality supervision department under the State Council or by departments authorized by the product quality supervision department under the State Council for enterprise quality system certification. Where certification is passed, the certification body shall issue an enterprise quality system certification certificate.文章源自FOFCC-http://fofcc.org.cn/am/11213/
With reference to internationally advanced product standards and technical requirements, the State shall implement a product quality certification system. Enterprises may, on a voluntary basis, apply to certification bodies recognized by the product quality supervision department under the State Council or by departments authorized by the product quality supervision department under the State Council for product quality certification. Where certification is passed, the certification body shall issue a product quality certification certificate and permit the enterprise to use the product quality certification mark on the product or its packaging.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 15 The State shall implement a supervision and inspection system for product quality with random inspection as the principal method, conducting random inspections of products that may endanger human health or the safety of persons and property, important industrial products that affect the national economy and the people's livelihood, and products reported by consumers or relevant organizations to have quality problems. Samples for random inspection shall be randomly selected from products on the market or from products awaiting sale in the finished product warehouses of enterprises. The work of supervision and random inspection shall be planned and organized by the product quality supervision department under the State Council. Local product quality supervision departments at or above the county level may also organize supervision and random inspection within their respective administrative regions. Where the law provides otherwise for supervision and inspection of product quality, the provisions of the relevant laws shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11213/
For products subject to State supervision and random inspection, local authorities shall not conduct repeated random inspections; for products subject to supervision and random inspection by higher-level authorities, lower-level authorities shall not conduct repeated random inspections.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where necessary for supervision and random inspection, products may be inspected. The number of samples taken for inspection shall not exceed the reasonable need for inspection, and inspection fees shall not be charged to the inspected party. The inspection fees required for supervision and random inspection shall be disbursed in accordance with the provisions of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where producers or sellers object to the results of random inspection and testing, they may, within fifteen days from the date of receipt of the inspection results, apply for re-inspection to the product quality supervision department that conducted the supervision and random inspection or to the product quality supervision department at the next higher level, and the product quality supervision department accepting the re-inspection application shall make a re-inspection conclusion.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 16 Producers and sellers shall not refuse product quality supervision and inspection conducted in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 17 Where products subject to supervision and random inspection in accordance with the provisions of this Law are not up to standard in quality, the product quality supervision department that conducted the supervision and random inspection shall order their producers or sellers to make corrections within a prescribed time limit. Where corrections are not made within the time limit, the product quality supervision department of the people's government at or above the provincial level shall make a public announcement; where, after the announcement, re-inspection still shows that the products are not up to standard, the enterprise shall be ordered to suspend business and make rectification within a prescribed time limit; where, upon expiration of the rectification period, re-inspection still shows that product quality is not up to standard, the business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where products subject to supervision and random inspection have serious quality problems, they shall be punished in accordance with the relevant provisions of Chapter V of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 18 Where product quality supervision departments at or above the county level, based on evidence of suspected violations already obtained or on reports, investigate and handle acts suspected of violating the provisions of this Law, they may exercise the following powers:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) to conduct on-site inspection of the premises where the party is suspected of engaging in production or sales activities in violation of this Law;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) to investigate and ascertain from the party's legal representative, principal persons in charge, and other relevant personnel circumstances related to the suspected production or sales activities in violation of this Law;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) to consult and copy the party's relevant contracts, invoices, account books, and other relevant materials;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(4) to seal up or seize products that are believed on sufficient grounds to fail to comply with national standards or industry standards for ensuring human health and the safety of persons and property, or that have other serious quality problems, as well as raw and auxiliary materials, packaging materials, and production tools directly used in the production or sale of such products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where administrative departments for industry and commerce at or above the county level, within the scope of their duties as prescribed by the State Council, investigate and handle acts suspected of violating the provisions of this Law, they may exercise the powers prescribed in the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 19 Product quality inspection institutions must possess the corresponding testing conditions and capabilities, and may undertake product quality inspection work only after passing assessment by the product quality supervision department of the people's government at or above the provincial level or by a department authorized by it. Where laws or administrative regulations provide otherwise for product quality inspection institutions, the provisions of the relevant laws and administrative regulations shall prevail.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 20 Social intermediary institutions engaged in product quality inspection or certification must be established in accordance with the law and shall not have subordinate relationships or other interest relationships with administrative organs or other State organs.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 21 Product quality inspection institutions and certification institutions must, in accordance with the law and relevant standards, issue inspection results or certification documents objectively and impartially.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Product quality certification institutions shall, in accordance with State provisions, conduct follow-up inspections after certification of products permitted to use certification marks; where products that do not conform to certification standards use certification marks, they shall require correction; where the circumstances are serious, their qualification to use certification marks shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 22 Consumers shall have the right to inquire of producers and sellers about product quality problems, and to complain to product quality supervision departments, administrative departments for industry and commerce, and relevant departments; the departments accepting complaints shall be responsible for handling them.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 23 Social organizations protecting consumer rights and interests may, with respect to product quality problems reported by consumers, suggest that relevant departments handle them responsibly, and support consumers in bringing lawsuits to people's courts for damage caused by product quality.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 24 The product quality supervision departments of the State Council and of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly publish announcements on the quality status of products subject to their supervision and random inspection.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 25 Product quality supervision departments or other State organs, as well as product quality inspection institutions, shall not recommend producers' products to the public, nor participate in product business activities by such means as supervising production or supervising sales of products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers文章源自FOFCC-http://fofcc.org.cn/am/11213/
Section 1 Product Quality Responsibilities and Obligations of Producers文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 26 Producers shall be responsible for the quality of the products they produce.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Product quality shall meet the following requirements:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) There shall be no unreasonable danger endangering personal or property safety; where there are national or industry standards ensuring human health and personal or property safety, the product shall conform to such standards;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) The product shall possess the performance capabilities it should possess, except where defects in performance capabilities are explained;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) The product shall conform to the product standards indicated on the product or its packaging, and conform to the quality conditions indicated by means of product descriptions, physical samples, etc.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 27 The markings on a product or its packaging must be truthful and shall meet the following requirements:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) There shall be a product quality inspection certificate;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) There shall be the product name, the name and address of the manufacturer indicated in Chinese;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) Where, according to the characteristics and usage requirements of the product, it is necessary to indicate the product specifications, grade, names and contents of major ingredients, these shall be indicated in Chinese accordingly; where consumers need to know in advance, this shall be indicated on the outer packaging, or relevant information shall be provided to consumers in advance;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(4) For products with a limited period of use, the production date and the safe use period or expiration date shall be clearly indicated in a prominent position;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(5) For products that are prone to damage to the product itself or may endanger personal or property safety if used improperly, there shall be warning signs or warning instructions in Chinese.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Bulk food and other bulk products for which it is difficult to attach markings according to the characteristics of the product may be exempted from attaching product markings.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 28 For dangerous articles such as fragile, flammable, explosive, toxic, corrosive, and radioactive items, as well as products that must not be inverted during storage and transportation and other products with special requirements, the packaging quality must meet the corresponding requirements, and warning signs or warning instructions in Chinese shall be provided in accordance with relevant state regulations, and storage and transportation precautions shall be indicated.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 29 Producers shall not produce products that are explicitly eliminated by the state.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 30 Producers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 31 Producers shall not forge or fraudulently use certification marks or other quality marks.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 32 In producing products, producers shall not adulterate or mix impurities, shall not pass off fake products as genuine ones, shall not pass off inferior products as superior ones, and shall not pass off unqualified products as qualified products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Section 2 Product Quality Responsibilities and Obligations of Sellers文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 33 Sellers shall establish and implement a system of inspection and acceptance upon purchasing goods, and verify product qualification certificates and other markings.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 34 Sellers shall take measures to maintain the quality of the products they sell.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 35 Sellers shall not sell products that are explicitly eliminated and prohibited from sale by the state, nor products that have expired or deteriorated.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 36 The markings of products sold by sellers shall conform to the provisions of Article 27 of this Law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 37 Sellers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 38 Sellers shall not forge or fraudulently use certification marks or other quality marks.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 39 In selling products, sellers shall not adulterate or mix impurities, shall not pass off fake products as genuine ones, shall not pass off inferior products as superior ones, and shall not pass off unqualified products as qualified products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter IV Compensation for Damage文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 40 Where a product sold falls under any of the following circumstances, the seller shall be responsible for repair, replacement, or return; where losses are caused to consumers who purchased the product, the seller shall compensate for the losses:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) The product does not possess the performance capabilities it should possess and no prior explanation was made;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) The product does not conform to the product standards indicated on the product or its packaging;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) The product does not conform to the quality conditions indicated by means of product descriptions, physical samples, etc.文章源自FOFCC-http://fofcc.org.cn/am/11213/
After the seller is responsible for repair, replacement, return, or compensation for losses in accordance with the preceding paragraph, if the responsibility lies with the producer or with other sellers who supplied the product to the seller (hereinafter referred to as suppliers), the seller shall have the right to recover compensation from the producer or supplier.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where the seller fails to provide repair, replacement, return, or compensation for losses in accordance with the first paragraph, the product quality supervision department or the administrative department for industry and commerce shall order it to make corrections.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where sales contracts or work contracts concluded between producers, between sellers, or between producers and sellers contain different agreements, the parties to the contract shall perform according to the contract.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 41 Where a defect in a product causes damage to personal injury or property other than the defective product itself (hereinafter referred to as another person's property), the producer shall bear liability for compensation.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where the producer can prove any of the following circumstances, it shall not bear liability for compensation:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) The product has not been put into circulation;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) When the product was put into circulation, the defect causing the damage did not yet exist;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) At the time the product was put into circulation, the level of scientific and technological knowledge was insufficient to discover the existence of the defect.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 42 Where a defect in a product is caused by the fault of the seller and causes damage to personal injury or another person's property, the seller shall bear liability for compensation.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where the seller cannot identify the producer of the defective product or cannot identify the supplier of the defective product, the seller shall bear liability for compensation.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 43 Where a defect in a product causes damage to personal injury or another person's property, the victim may demand compensation from the producer of the product or from the seller of the product. Where the responsibility lies with the producer and the seller has compensated, the seller shall have the right to recover compensation from the producer. Where the responsibility lies with the seller and the producer has compensated, the producer shall have the right to recover compensation from the seller.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 44 Where a defect in a product causes personal injury to the victim, the infringer shall compensate for medical expenses, nursing expenses during treatment, income lost due to missed work, and other expenses; where disability is caused, it shall also pay for disability self-help devices, living subsidies, disability compensation, and necessary living expenses for persons supported by the disabled person; where the victim dies, it shall also pay funeral expenses, death compensation, and necessary living expenses for persons supported by the deceased before death.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Where a defect in a product causes property loss to the victim, the infringer shall restore the property to its original condition or compensate at a reduced price. Where the victim suffers other major losses as a result, the infringer shall compensate for the losses.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 45 The limitation period for filing a lawsuit claiming compensation for damage caused by a product defect shall be two years, calculated from the time the party knew or should have known that its rights and interests were harmed.文章源自FOFCC-http://fofcc.org.cn/am/11213/
The right to claim compensation for damage caused by a product defect shall be extinguished ten years after the defective product causing the damage was delivered to the first consumer; except where the expressly stated safe use period has not yet expired.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 46 For the purposes of this Law, "defect" means an unreasonable danger existing in a product that endangers personal safety or the safety of another person's property; where a product has national or industry standards ensuring human health and personal or property safety, it means failure to conform to such standards.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 47 Where a civil dispute arises over product quality, the parties may resolve it through consultation or mediation. Where the parties are unwilling to resolve it through consultation or mediation, or consultation or mediation fails, they may apply to an arbitration institution for arbitration according to the agreement of the parties; where the parties have not reached an arbitration agreement or the arbitration agreement is invalid, they may directly bring a lawsuit to a people's court.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 48 An arbitration institution or a people's court may entrust the product quality inspection institution specified in Article 19 of this Law to inspect the relevant product quality.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter V Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 49 Whoever produces or sells products that do not conform to the national or industry standards ensuring human health and personal or property safety shall be ordered to stop production and sales, the illegally produced or sold products shall be confiscated, and a fine of not less than the value of the illegally produced or sold products (including products already sold and not yet sold, the same below) and not more than three times that value shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal liability shall be pursued according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 50 Whoever adulterates or mixes impurities into a product, passes off fake products as genuine ones, passes off inferior products as superior ones, or passes off unqualified products as qualified products shall be ordered to stop production and sales, the illegally produced or sold products shall be confiscated, and a fine of not less than 50 percent of the value of the illegally produced or sold products and not more than three times that value shall be imposed; where there are illegal gains, the illegal gains shall also be confiscated; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal liability shall be pursued according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 51 Anyone who produces products that are eliminated by order of the State, or sells products that are eliminated by order of the State and the sale of which is stopped, shall be ordered to stop production or sale, his products illegally produced or sold shall be confiscated, and he shall also be fined not more than the value of the products illegally produced or sold; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, his business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 52 Anyone who sells invalid or deteriorated products shall be ordered to stop selling them, his products illegally sold shall be confiscated, and he shall also be fined not more than twice the value of the products illegally sold; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, his business license shall be revoked; if a crime is constituted, he shall be investigated for criminal responsibility according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 53 Anyone who forges the place of origin of a product, forges or fraudulently uses another person's factory name or factory address, or forges or fraudulently uses certification marks or other quality marks shall be ordered to make corrections, his products illegally produced or sold shall be confiscated, and he shall also be fined not more than the value of the products illegally produced or sold; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, his business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 54 Anyone whose product marks do not conform to the provisions of Article 27 of this Law shall be ordered to make corrections; if the marks on packaged products do not conform to the provisions of Items (4) and (5) of Article 27 of this Law and the circumstances are serious, he shall be ordered to stop production or sale and shall also be fined not more than 30 percent of the value of the products illegally produced or sold; if there is illegal income, the illegal income shall also be confiscated.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 55 If a seller sells products prohibited from sale as provided in Articles 49 to 53 of this Law, and there is sufficient evidence to prove that he did not know that the products were prohibited from sale and he truthfully explains the source of the goods, he may be given a lighter or mitigated punishment.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 56 Anyone who refuses to accept supervision and inspection of product quality conducted according to law shall be given a warning and ordered to make corrections; if he refuses to make corrections, he shall be ordered to suspend business for rectification; if the circumstances are especially serious, his business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 57 If a product quality inspection institution or certification institution forges inspection results or issues false certificates, it shall be ordered to make corrections, the unit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the persons directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 50,000 yuan; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, its inspection qualification or certification qualification shall be revoked; if a crime is constituted, criminal responsibility shall be investigated according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
If the inspection results or certificates issued by a product quality inspection institution or certification institution are untrue and cause losses, it shall bear corresponding compensation liability; if major losses are caused, its inspection qualification or certification qualification shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
If a product quality certification institution, in violation of the provisions of Paragraph 2 of Article 21 of this Law, fails to require correction according to law or to disqualify a product that does not conform to certification standards from using certification marks, it shall bear joint and several liability with the producer and seller of the product for losses caused to consumers because the product does not conform to certification standards; if the circumstances are serious, its certification qualification shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 58 If a social organization or social intermediary institution makes a promise or guarantee regarding product quality, and the product does not conform to the quality requirements promised or guaranteed, causing losses to consumers, it shall bear joint and several liability with the producer and seller of the product.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 59 Anyone who makes false publicity about product quality in advertisements, deceiving and misleading consumers, shall be investigated for legal responsibility in accordance with the provisions of the Advertising Law of the People's Republic of China.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 60 Raw and auxiliary materials, packaging materials, and production tools specially used by producers to produce the products listed in Articles 49 and 51 of this Law or products passed off as genuine shall be confiscated.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 61 Anyone who knows or ought to know that a product is prohibited from production or sale as provided in this Law and still provides transport, storage, warehousing, or other conveniences for it, or provides production technology for counterfeit production for products passed off as genuine, shall have all income from transport, storage, warehousing, or provision of counterfeit production technology confiscated and shall also be fined not less than 50 percent but not more than three times the illegal income; if a crime is constituted, criminal responsibility shall be investigated according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 62 If an operator in the service industry uses products prohibited from sale as provided in Articles 49 to 52 of this Law in operational services, it shall be ordered to stop using them; if it knows or ought to know that the products used are products prohibited from sale as provided in this Law, it shall be punished according to the provisions of this Law on punishment of sellers based on the value of the illegally used products (including products already used and not yet used).文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 63 Anyone who conceals, transfers, sells off, or destroys articles sealed up or seized by the product quality supervision department or the administrative department for industry and commerce shall be fined not less than the value of the concealed, transferred, sold off, or destroyed articles but not more than three times that value; if there is illegal income, the illegal income shall also be confiscated.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 64 If, in violation of the provisions of this Law, one should bear civil compensation liability and pay a fine or penalty, and his property is insufficient to pay both at the same time, he shall first bear civil compensation liability.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 65 If staff members of people's governments at all levels and staff members of other State organs commit any of the following circumstances, they shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:文章源自FOFCC-http://fofcc.org.cn/am/11213/
(1) shielding or conniving at acts violating the provisions of this Law in the production or sale of products;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(2) tipping off the parties engaged in production or sales activities violating the provisions of this Law and helping them evade investigation and handling;文章源自FOFCC-http://fofcc.org.cn/am/11213/
(3) obstructing or intervening in the investigation and handling by the product quality supervision department or the administrative department for industry and commerce according to law of acts violating the provisions of this Law in the production or sale of products, causing serious consequences.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 66 If the product quality supervision department, in product quality supervision and spot checks, demands samples in excess of the prescribed quantity or collects inspection fees from the person under inspection, the superior product quality supervision department or the supervisory organ shall order it to return them; if the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 67 If the product quality supervision department or another State organ, in violation of the provisions of Article 25 of this Law, recommends a producer's products to society or participates in product business activities by such means as supervision of production or supervision of sales, its superior organ or the supervisory organ shall order it to make corrections and eliminate the effects, and any illegal income shall be confiscated; if the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
If a product quality inspection institution commits any of the illegal acts listed in the preceding paragraph, the product quality supervision department shall order it to make corrections and eliminate the effects, and any illegal income shall be confiscated, and it may also be fined not more than one time the illegal income; if the circumstances are serious, its quality inspection qualification shall be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 68 If a staff member of the product quality supervision department or the administrative department for industry and commerce abuses his power, neglects his duty, or engages in malpractices for personal gain, and a crime is constituted, criminal responsibility shall be investigated according to law; if a crime is not constituted, administrative sanctions shall be given according to law.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 69 Anyone who obstructs, by violence or threat, a staff member of the product quality supervision department or the administrative department for industry and commerce from performing his duties according to law shall be investigated for criminal responsibility according to law; anyone who refuses or obstructs without using violence or threat shall be punished by the public security organ in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 70 The administrative penalty of revoking the business license as provided in this Law shall be decided by the administrative department for industry and commerce, and the administrative penalties provided in Articles 49 to 57 and Articles 60 to 63 of this Law shall be decided by the product quality supervision department or the administrative department for industry and commerce within the scope of their functions and powers as prescribed by the State Council. If laws or administrative regulations otherwise provide for the organs exercising the power of administrative penalty, the provisions of the relevant laws and administrative regulations shall apply.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 71 Products confiscated according to the provisions of this Law shall be destroyed or otherwise handled in accordance with the relevant provisions of the State.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 72 The value of goods provided in Articles 49 to 54, Article 62, and Article 63 of this Law shall be calculated according to the marked price of the products illegally produced or sold; if there is no marked price, it shall be calculated according to the market price of similar products.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Chapter VI Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 73 Measures for the supervision and administration of military product quality shall be formulated separately by the State Council and the Central Military Commission. If laws or administrative regulations otherwise provide for compensation liability for damage caused by nuclear facilities or nuclear products, the provisions thereof shall apply.文章源自FOFCC-http://fofcc.org.cn/am/11213/
Article 74 This Law shall come into force on September 1, 1993.文章源自FOFCC-http://fofcc.org.cn/am/11213/