(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)Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter I General ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
For the purposes of this Law, "products" means products that have been processed or manufactured for the purpose of sale.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 4 Producers and sellers shall bear liability for product quality in accordance with the provisions of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 adulterate or mix impurities into products produced or sold, or to pass off fake products as genuine ones or inferior products as superior ones.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, so as to ensure the implementation of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 8 The product quality supervision department under the State Council shall be in charge of product quality supervision throughout the country. Relevant departments under the State Council shall be responsible for product quality supervision within the scope of their respective duties.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Where the law provides otherwise for the departments responsible for product quality supervision, the provisions of the relevant laws shall prevail.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 such acts in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
The product quality supervision departments and relevant departments shall keep the identities of informants confidential and shall grant rewards in accordance with the provisions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 11 No unit or individual may exclude quality-qualified products produced by enterprises outside their own region or system from entering that region or system.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter II Supervision and Administration of Product QualityArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 12 Product quality shall pass inspection before being deemed qualified, and unqualified products shall not be passed off as qualified products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 14 In accordance with internationally accepted quality management standards, the State shall promote the enterprise quality system 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 enterprise quality system certification. Where certification is passed, the certification body shall issue an enterprise quality system certification certificate.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
With reference to internationally advanced product standards and technical requirements, the State shall promote the 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 15 The State applies 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 and the safety of persons and property, important industrial products that affect 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 randomly selected from products on the market or from products awaiting sale in the finished product warehouses of enterprises. The work of supervisory 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 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 prevail.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
For products subject to supervisory random inspection by the State, local authorities shall not conduct repeated random inspections; for products subject to supervisory random inspection by higher-level authorities, lower-level authorities shall not conduct repeated random inspections.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Where necessary for supervisory random inspection, products may be inspected. The number of samples taken for inspection shall not exceed the reasonable needs of the 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 16 Producers and sellers shall not refuse supervision and inspection of product quality conducted in accordance with law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 17 Where products subject to supervisory 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 supervisory 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Where products subject to supervisory random inspection have serious quality problems, they shall be punished in accordance with the relevant provisions of Chapter V of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 18 When investigating and handling suspected violations of the provisions of this Law based on evidence of suspected illegality already obtained or on reports, product quality supervision departments at or above the county level may exercise the following powers:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) To investigate and ascertain from the legal representative, principal person in charge, and other relevant personnel of the party circumstances related to the suspected production or sales activities in violation of this Law;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(3) To consult and copy the party's relevant contracts, invoices, account books, and other relevant materials;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(4) To 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 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
When investigating and handling suspected violations of the provisions of this Law within the scope of duties prescribed by the State Council, administrative departments for industry and commerce at or above the county level may exercise the powers prescribed in the preceding paragraph.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 20 Social intermediary institutions engaged in product quality inspection or certification must be established in accordance with law and shall not have subordinate relationships or other interest relationships with administrative organs or other State organs.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 21 Product quality inspection institutions and certification institutions must, in accordance with law and relevant standards, issue inspection results or certification certificates objectively and impartially.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 use certification marks but do not conform to certification standards, they shall require correction; where the circumstances are serious, they shall disqualify them from using the certification marks.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 before the people's courts for damage caused by product quality.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 under their supervisory random inspection.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter III Product Quality Responsibilities and Obligations of Producers and SellersArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Section 1 Product Quality Responsibilities and Obligations of ProducersArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 26 Producers shall be responsible for the quality of the products they produce.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Product quality shall meet the following requirements:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(1) There shall be no unreasonable danger endangering personal or property safety; where there are national or industry standards for ensuring human health and personal or property safety, the product shall conform to such standards;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) The product shall have the performance capabilities it should possess, except where defects in performance capabilities are explained;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 such as product descriptions and physical samples.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 27 The markings on a product or its packaging must be truthful and shall meet the following requirements:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(1) There shall be a product quality inspection certificate;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) There shall be the product name, the name and address of the manufacturer indicated in Chinese;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(3) Where, based on the characteristics and use requirements of the product, it is necessary to indicate the product specifications, grade, names and contents of major ingredients, these shall be indicated in corresponding 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;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(4) For products with a time limit for use, the production date and the safe use period or expiration date shall be clearly indicated in a prominent position;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(5) For products that are likely to be damaged by improper use or may endanger personal or property safety, there shall be warning signs or warning instructions in Chinese.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 29 Producers shall not produce products that are explicitly eliminated by the state.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 30 Producers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 31 Producers shall not forge or fraudulently use quality marks such as certification marks.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 nonconforming products as conforming products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Section 2 Product Quality Responsibilities and Obligations of SellersArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 33 Sellers shall establish and implement a system of inspection and acceptance upon purchase, and verify product conformity certificates and other markings.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 34 Sellers shall take measures to maintain the quality of the products they sell.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 36 The markings of products sold by sellers shall conform to the provisions of Article 27 of this Law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 37 Sellers shall not forge the place of origin, nor forge or fraudulently use another person's factory name or factory address.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 38 Sellers shall not forge or fraudulently use quality marks such as certification marks.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 nonconforming products as conforming products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter IV Compensation for DamageArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/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:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(1) It does not possess the performance capabilities it should possess and no explanation was made in advance;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) It does not conform to the product standards indicated on the product or its packaging;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(3) It does not conform to the quality conditions indicated by means such as product descriptions and physical samples.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Where the producer can prove any of the following circumstances, it shall not bear liability for compensation:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(1) The product was not put into circulation;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) When the product was put into circulation, the defect causing the damage did not yet exist;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Where the seller cannot identify the producer of the defective product or the supplier of the defective product, the seller shall bear liability for compensation.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 shall have the right to recover compensation from the producer. Where the responsibility lies with the seller and the producer compensates, the producer shall have the right to recover compensation from the seller.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 self-care aids for the disabled, 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 knows or should know that its rights and interests have been harmed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 or industry standards for ensuring human health and personal or property safety, it means failure to conform to such standards.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 in a people's court.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter V Penalty ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 49 Whoever produces or sells products that do not conform to the national or industry standards for ensuring human health and personal or 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 51 Anyone who produces products that the State has explicitly ordered to be eliminated, or sells products that the State has explicitly ordered to be eliminated and discontinued, shall be ordered to stop production and sales, the illegally produced or sold products shall be confiscated, and a fine of not more than the equivalent value of the illegally produced or sold products shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 52 Anyone who sells invalid or deteriorated products shall be ordered to stop sales, the illegally sold products shall be confiscated, and a fine of not more than twice the value of the illegally sold products shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be pursued according to law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, the illegally produced or sold products shall be confiscated, and a fine of not more than the equivalent value of the illegally produced or sold products shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated; if the circumstances are serious, the business license shall be revoked.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 54 If product markings do not conform to the provisions of Article 27 of this Law, the party shall be ordered to make corrections; if the markings of packaged products do not conform to the provisions of Article 27, items (4) and (5) of this Law, and the circumstances are serious, the party shall be ordered to stop production and sales, and a fine of not more than 30 percent of the value of the illegally produced or sold products shall be imposed; if there are illegal gains, the illegal gains shall also be confiscated.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 the seller did not know that the products were prohibited from sale and truthfully explains the source of purchase, a lighter or mitigated penalty may be imposed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 56 Anyone who refuses to accept a product quality supervision inspection conducted according to law shall be given a warning and ordered to make corrections; if the party refuses to make corrections, it shall be ordered to suspend business for rectification; if the circumstances are especially serious, the business license shall be revoked.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, a fine of not less than 50,000 yuan and not more than 100,000 yuan shall be imposed on the entity, and a fine of not less than 10,000 yuan and not more than 50,000 yuan shall be imposed on the directly responsible persons in charge and other directly responsible persons; if there are illegal gains, the illegal gains 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 the 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 58 If a social organization or social intermediary institution 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 59 Anyone who 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 provides transportation, 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 transportation, storage, warehousing, or the provision of counterfeit production technology confiscated, and shall also be fined not less than 50 percent and not more than three times the illegal income; if a crime is constituted, criminal liability shall be pursued according to law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 penalties for sellers based on the value of the illegally used products, including products already used and not yet used.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 equivalent value and not more than three times the value of the concealed, transferred, sold off, or destroyed articles; if there are illegal gains, the illegal gains shall also be confiscated.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 64 If, 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, administrative sanctions shall be imposed according to law; if a crime is constituted, criminal liability shall be pursued according to law:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(1) shielding or conniving at acts violating the provisions of this Law in the production or sale of products;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(2) tipping off parties engaged in production or sales activities violating the provisions of this Law, helping them evade investigation and handling;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
(3) obstructing or interfering with the product quality supervision department or the administrative department for industry and commerce in investigating and handling acts violating the provisions of this Law in the production or sale of products according to law, causing serious consequences.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 66 If the product quality supervision department, in product quality supervision random inspections, demands samples in excess of the prescribed quantity or collects inspection fees from the inspected party, the superior product quality supervision department or the supervisory organ shall order it to return the fees; if the circumstances are serious, administrative sanctions shall be imposed according to law on the directly responsible persons in charge and other directly responsible persons.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, administrative sanctions shall be imposed according to law on the directly responsible persons in charge and other directly responsible persons.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 a fine of not more than one time the illegal income may also be imposed; if the circumstances are serious, its quality inspection qualification shall be revoked.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 68 If staff members of the product quality supervision department or the administrative department for industry and commerce abuse their powers, neglect their duties, or engage in malpractices for personal gain, and a crime is constituted, criminal liability shall be pursued according to law; if a crime is not constituted, administrative sanctions shall be imposed according to law.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 69 Anyone who obstructs, by violence or threat, staff members of the product quality supervision department or the administrative department for industry and commerce from performing their duties according to law shall be pursued for criminal liability 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 Public Security Administration Punishments.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 provide otherwise regarding the organs exercising the power of administrative penalty, the provisions of the relevant laws and administrative regulations shall apply.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 72 The value of products as 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 or sold products; if there is no marked price, it shall be calculated according to the market price of similar products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Chapter VI Supplementary ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 provide otherwise regarding compensation liability for damage caused by nuclear facilities or nuclear products, their provisions shall apply.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/
Article 74 This Law shall come into force as of September 1, 1993.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11213/