(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on 22 February 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 8 July 2000) ...文章源自FOFCC-http://fofcc.org.cn/en/11213/
Chapter 1 General Provisions文章源自FOFCC-http://fofcc.org.cn/en/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/en/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/en/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/en/11213/
Construction projects shall not be governed by 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, this Law shall apply.文章源自FOFCC-http://fofcc.org.cn/en/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/en/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/en/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 into or adulterate products during production or sale, to pass fake products off as genuine ones, or to pass inferior products off as superior ones.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11213/
Units and individuals that have achieved outstanding results in advanced product quality management and in reaching the internationally advanced level of product quality shall be rewarded.文章源自FOFCC-http://fofcc.org.cn/en/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 law to stop acts in the production and sale of products that violate the provisions of this Law and to ensure the implementation of this Law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 8 The product quality supervision department of the State Council shall be in charge of product quality supervision throughout the country. Relevant departments of 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/en/11213/
Local product quality supervision departments at or above the county level shall be in charge of product quality supervision within their respective administrative regions. 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/en/11213/
Where the law provides otherwise for the departments responsible for product quality supervision, the provisions of the relevant laws shall apply.文章源自FOFCC-http://fofcc.org.cn/en/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 favoritism and malpractice by shielding or conniving at acts in the production or sale of products within their region or system that violate the provisions of this Law, or by obstructing or interfering with the investigation and handling of such acts in accordance with law.文章源自FOFCC-http://fofcc.org.cn/en/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 law.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11213/
The product quality supervision department and relevant departments shall keep the identity of 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/en/11213/
Article 11 No unit or individual may exclude qualified products produced by enterprises outside their own region or system from entering their region or system.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Chapter II Supervision of Product Quality文章源自FOFCC-http://fofcc.org.cn/en/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/en/11213/
Article 13 Industrial products that may endanger human health and 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/en/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/en/11213/
Article 14 In accordance with internationally accepted quality management standards, the State shall implement a system for enterprise quality system certification. On a voluntary basis, enterprises may apply to certification bodies recognized by the product quality supervision department of the State Council or by departments authorized by the product quality supervision department of 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/en/11213/
With reference to internationally advanced product standards and technical requirements, the State shall implement a product quality certification system. On a voluntary basis, enterprises may apply to certification bodies recognized by the product quality supervision department of the State Council or by departments authorized by the product quality supervision department of 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/en/11213/
Article 15 The State shall implement a supervision and inspection system for product quality with random inspection as the main method, conducting random inspections of products that may endanger human health and the safety of persons and property, important industrial products affecting the national economy and people's livelihood, and products reported by consumers or relevant organizations to have quality problems. Samples for random inspection shall be selected at random from products on the market or from products awaiting sale in an enterprise's finished product warehouse. The work of supervisory random inspection shall be planned and organized by the product quality supervision department of the State Council. Local product quality supervision departments at or above the county level may also organize supervisory random inspections within their respective administrative regions. Where the law provides otherwise for supervision and inspection of product quality, the provisions of the relevant laws shall apply.文章源自FOFCC-http://fofcc.org.cn/en/11213/
For products subject to supervisory random inspection by the State, local authorities shall not conduct separate repeated random inspections; for products subject to supervisory random inspection by higher-level authorities, lower-level authorities shall not conduct separate repeated random inspections.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Where necessary for supervisory 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 collected from the inspected party. The inspection fees required for supervisory random inspection shall be disbursed in accordance with the provisions of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/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 supervisory 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/en/11213/
Article 16 Producers and sellers shall not refuse product quality supervision and inspection conducted in accordance with law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 17 Where products subject to supervisory random inspection under this Law are not up to standard in quality, the product quality supervision department that conducted the supervisory random inspection shall order the producer or seller to make corrections within a specified time limit. If 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; if, after the announcement, re-inspection still shows that the products are not up to standard, the producer or seller shall be ordered to suspend business and undergo rectification within a specified time limit; if, 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/en/11213/
Where products subject to supervisory random inspection have serious quality problems, penalties shall be imposed in accordance with the relevant provisions of Chapter V of this Law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 18 When product quality supervision departments at or above the county level investigate and handle suspected violations of this Law based on obtained evidence of suspected illegality or reports, they may exercise the following powers:文章源自FOFCC-http://fofcc.org.cn/en/11213/
(1) 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/en/11213/
(2) Investigate and obtain information from the party's legal representative, principal persons in charge, and other relevant personnel concerning circumstances related to suspected production or sales activities in violation of this Law;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(3) Consult and copy the party's relevant contracts, invoices, account books, and other relevant materials;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(4) Seal up or seize products that are believed on reasonable grounds to fail to comply with national standards or industry standards for ensuring human health and the safety of persons and property, or products with 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/en/11213/
When administrative departments for industry and commerce at or above the county level investigate and handle suspected violations of this Law within the scope of their duties as prescribed by the State Council, they may exercise the powers prescribed in the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/en/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 apply.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 20 Social intermediary institutions engaged in product quality inspection or certification must be established in accordance with law and shall not have a subordinate relationship or other relationship of interest with administrative organs or other State organs.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 21 Product quality inspection institutions and certification institutions must, in accordance with law and relevant standards, issue inspection results or certification documents objectively and impartially.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Product quality certification institutions shall, in accordance with State provisions, conduct follow-up inspections after certification of products permitted to use the certification mark; where a product uses the certification mark but does not conform to the certification standards, the institution shall require correction; where the circumstances are serious, the institution shall disqualify the product from using the certification mark.文章源自FOFCC-http://fofcc.org.cn/en/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, and the departments receiving the complaints shall be responsible for handling them.文章源自FOFCC-http://fofcc.org.cn/en/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/en/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 supervisory random inspections.文章源自FOFCC-http://fofcc.org.cn/en/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 the manufacture or supervising the sale of products.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Chapter III Product Quality Responsibilities and Obligations of Producers and Sellers文章源自FOFCC-http://fofcc.org.cn/en/11213/
Section 1 Product Quality Responsibilities and Obligations of Producers文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 26 Producers shall be responsible for the quality of the products they produce.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Product quality shall meet the following requirements:文章源自FOFCC-http://fofcc.org.cn/en/11213/
(1) There shall be no unreasonable danger endangering the safety of persons or property; where there are national standards or industry standards for ensuring human health and the safety of persons and property, the products shall comply with such standards;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(2) Possess the performance capabilities that the product should possess, unless a statement is made regarding defects in the product's performance capabilities;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(3) Comply with the product standards indicated as adopted on the product or its packaging, and comply with the quality conditions indicated by means of product descriptions, physical samples, etc.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 27 The markings on a product or its packaging must be truthful and comply with the following requirements:文章源自FOFCC-http://fofcc.org.cn/en/11213/
(1) Have a product quality inspection certificate;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(2) Have the product name, manufacturer name, and manufacturer address indicated in Chinese;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(3) Where, based on the characteristics and usage requirements of the product, it is necessary to indicate the product specifications, grade, names and contents of main ingredients, these shall be indicated correspondingly in Chinese; 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/en/11213/
(4) For products with a limited period of use, the production date and safe use period or expiration date shall be clearly indicated in a prominent position;文章源自FOFCC-http://fofcc.org.cn/en/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 Chinese warning instructions.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Unpackaged food and other unpackaged products for which it is difficult to attach markings based on product characteristics may be exempt from attaching product markings.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 28 For dangerous goods 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, their packaging quality must comply with corresponding requirements, and warning signs or Chinese warning instructions shall be made in accordance with relevant state regulations, and storage and transportation precautions shall be indicated.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 29 Producers shall not produce products that are explicitly eliminated by the state.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 30 Producers shall not forge the place of origin, and shall not forge or fraudulently use another person's manufacturer name or manufacturer address.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 31 Producers shall not forge or fraudulently use quality marks such as certification marks.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 32 In producing products, producers shall not adulterate or mix in inferior or false materials, shall not pass off fake products as genuine ones, shall not pass off inferior products as superior ones, and shall not pass off nonconforming products as conforming products.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Section 2 Product Quality Responsibilities and Obligations of Sellers文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 33 Sellers shall establish and implement a system for inspection and acceptance of purchased goods, and verify product conformity certificates and other markings.文章源自FOFCC-http://fofcc.org.cn/en/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/en/11213/
Article 35 Sellers shall not sell products that are explicitly eliminated by the state and ordered to cease sale, nor products that have expired or deteriorated.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 36 The markings of products sold by sellers shall comply with the provisions of Article 27 of this Law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 37 Sellers shall not forge the place of origin, and shall not forge or fraudulently use another person's manufacturer name or manufacturer address.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 38 Sellers shall not forge or fraudulently use quality marks such as certification marks.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 39 In selling products, sellers shall not adulterate or mix in inferior or false materials, shall not pass off fake products as genuine ones, shall not pass off inferior products as superior ones, and shall not pass off nonconforming products as conforming products.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Chapter IV Compensation for Damage文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 40 Where a sold product 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/en/11213/
(1) It does not possess the performance capabilities that the product should possess and no prior explanation was made;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(2) It does not comply with the product standards indicated as adopted on the product or its packaging;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(3) It does not comply with the quality conditions indicated by means of product descriptions, physical samples, etc.文章源自FOFCC-http://fofcc.org.cn/en/11213/
After a 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 has the right to recover compensation from the producer or supplier.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Where a 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/en/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/en/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/en/11213/
Where a producer can prove any of the following circumstances, it shall not bear liability for compensation:文章源自FOFCC-http://fofcc.org.cn/en/11213/
(1) The product was not put into circulation;文章源自FOFCC-http://fofcc.org.cn/en/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/en/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/en/11213/
Article 42 Where a defect in a product is caused by the fault of a 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/en/11213/
Where a seller cannot identify the producer of the defective product and cannot identify the supplier of the defective product, the seller shall bear liability for compensation.文章源自FOFCC-http://fofcc.org.cn/en/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 compensates, the seller has the right to recover compensation from the producer. Where the responsibility lies with the seller and the producer compensates, the producer has the right to recover compensation from the seller.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 44 Where a defect in a product causes personal injury to the victim, the infringer shall compensate medical expenses, nursing expenses during treatment, lost income due to missed work, and other expenses; where disability is caused, it shall also pay for self-help devices for daily living for the disabled person, living allowance, 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/en/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 discounted value. 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/en/11213/
Article 45 The limitation period for filing a lawsuit requesting 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/en/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/en/11213/
Article 46 For the purposes of this Law, "defect" means an unreasonable danger in a product that endangers personal safety or the safety of another person's property; where there are national standards or industry standards for ensuring human health and personal and property safety, it means failure to comply with those standards.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 47 Where a civil dispute arises due to product quality, the parties may resolve it through consultation or mediation. If the parties are unwilling to resolve it through consultation or mediation, or if consultation or mediation fails, they may apply to an arbitration institution for arbitration based on an agreement among the parties; if the parties have not reached an arbitration agreement or the arbitration agreement is invalid, they may directly file a lawsuit with a people's court.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 48 An arbitration institution or a people's court may entrust a product quality inspection institution as provided in Article 19 of this Law to inspect the relevant product quality.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Chapter V Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 49 Whoever produces or sells products that do not comply with national standards or industry standards for ensuring human health and personal and property safety shall be ordered to stop production and sale, 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/en/11213/
Article 50 Whoever adulterates or mixes inferior or false materials into a product, passes off fake products as genuine ones, passes off inferior products as superior ones, or passes off nonconforming products as conforming products shall be ordered to stop production and sale, 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/en/11213/
Article 51 Whoever produces products that are explicitly eliminated by the state, or sells products that are explicitly eliminated by the state and ordered to cease sale, shall be ordered to stop production and sale, the illegally produced or sold products shall be confiscated, and a fine of not more than the value of the illegally produced or sold products 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.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 52 Whoever sells expired or deteriorated products shall be ordered to stop sale, the illegally sold products shall be confiscated, and a fine of not more than two times the value of the illegally sold products 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/en/11213/
Article 53 Where a producer forges the 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, it shall be ordered to make corrections, the products illegally produced and sold shall be confiscated, and a fine of not more than the equivalent value of the illegally produced and sold products shall be imposed; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, the business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 54 Where product markings do not conform to the provisions of Article 27 of this Law, the producer shall be ordered to make corrections; if the markings of a packaged product do not conform to the provisions of Article 27, items (4) and (5) of this Law, and the circumstances are serious, the producer shall be ordered to stop production and sales, and a fine of not more than 30 percent of the value of the illegally produced and sold products shall be imposed; if there is illegal income, the illegal income shall also be confiscated.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 55 Where 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 it did not know that the products were prohibited from sale and truthfully explains the source of the goods, it may be given a lighter or mitigated punishment.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 56 Whoever refuses to accept a lawfully conducted supervision and inspection of product quality shall be given a warning and ordered to make corrections; if it refuses to make corrections, it shall be ordered to suspend business for rectification; if the circumstances are especially serious, its business license shall be revoked.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 57 Where a product quality inspection institution or certification institution forges inspection results or issues false certificates, it shall be ordered to make corrections, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed on the entity, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible persons; 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 liability shall be pursued according to law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Where 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/en/11213/
Where 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 a certification mark, 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/en/11213/
Article 58 Where a social organization or social intermediary organization makes a promise or guarantee regarding product quality, and the product does not meet 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/en/11213/
Article 59 Whoever makes false publicity about product quality in advertisements, deceiving and misleading consumers, shall be investigated for legal liability 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/en/11213/
Article 60 Raw and auxiliary materials, packaging materials, and production tools specially used by a producer to produce the products listed in Article 49 or Article 51 of this Law, or products passed off as genuine, shall be confiscated.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 61 Whoever knows or ought to know that a product is prohibited from production or sale as provided in this Law and provides transportation, storage, warehousing, or other conveniences for it, or provides production technology for counterfeiting for products passed off as genuine, shall have all income from transportation, storage, warehousing, or provision of counterfeiting 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 liability shall be pursued according to law.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 62 Where 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 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/en/11213/
Article 63 Whoever 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 equivalent value but not more than three times the value of the concealed, transferred, sold off, or destroyed articles; if there is illegal income, the illegal income shall also be confiscated.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 64 Where, in violation of the provisions of this Law, a party should bear civil compensation liability and pay a fine or penalty, and its property is insufficient to pay both at the same time, it shall first bear civil compensation liability.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 65 Where staff members of people's governments at all levels and staff members of other state organs fall under any of the following circumstances, administrative sanctions shall be given according to law; if a crime is constituted, criminal liability shall be pursued according to law:文章源自FOFCC-http://fofcc.org.cn/en/11213/
(1) shielding or conniving at acts violating the provisions of this Law in product production or sales;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(2) tipping off parties engaged in production or sales activities violating the provisions of this Law, helping them evade investigation and handling;文章源自FOFCC-http://fofcc.org.cn/en/11213/
(3) obstructing or interfering with the product quality supervision department or the administrative department for industry and commerce in lawfully investigating and handling acts violating the provisions of this Law in product production or sales, causing serious consequences.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 66 Where a product quality supervision department, in supervision and spot inspection of product quality, 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 refund; if the circumstances are serious, administrative sanctions shall be given according to law to the directly responsible person in charge and other directly responsible persons.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Article 67 Where a product quality supervision department or another state organ, in violation of the provisions of Article 25 of this Law, recommends a producer's product to the public 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, administrative sanctions shall be given according to law to the directly responsible person in charge and other directly responsible persons.文章源自FOFCC-http://fofcc.org.cn/en/11213/
Where a product quality inspection institution commits any illegal act 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/en/11213/
Article 68 Where a staff member of the product quality supervision department or the administrative department for industry and commerce abuses power, neglects duty, or engages in malpractices for personal gain, if a crime is constituted, criminal liability shall be pursued 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/en/11213/
Article 69 Whoever obstructs, by violence or threat, a staff member of the product quality supervision department or the administrative department for industry and commerce from lawfully performing official duties shall be pursued for criminal liability according to law; whoever 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 Public Security Administration Punishments.文章源自FOFCC-http://fofcc.org.cn/en/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 functions and powers prescribed by the State Council. Where laws and 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/en/11213/
Article 71 Products confiscated in accordance with the provisions of this Law shall be destroyed or handled by other means in accordance with relevant state provisions.文章源自FOFCC-http://fofcc.org.cn/en/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 illegally produced and sold products; 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/en/11213/
Chapter 6 Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/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. Where laws and 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/en/11213/
Article 74 This Law shall come into force on September 1, 1993.文章源自FOFCC-http://fofcc.org.cn/en/11213/