กฎหมายว่าด้วยคุณภาพผลิตภัณฑ์แห่งสาธารณรัฐประชาชนจีน

(มุมัติโดยที่ประชุมคณะอนุกรรมการประจำสภาผู้แทนราษฎรแห่งประชาชนจีนชุดที่ 7 ครั้งที่ 30 เมื่อวันที่ 22 กุมภาพันธ์ ค.ศ. 1993 และแก้ไขเพิ่มเติมตาม "คำตัดสินเกี่ยวกับการแก้ไขเพิ่มเติม 'กฎหมายว่าด้วยคุณภาพผลิตภัณฑ์แห่งสาธารณรัฐประชาชนจีน'" ของที่ประชุมคณะอนุกรรมการประจำสภาผู้แทนราษฎรแห่งประชาชนจีนชุดที่ 9 ครั้งที่ 16 เมื่อวันที่ 8 กรกฎาคม ค.ศ. 2000) ...บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Chapter I General ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 2 All production and sales activities within the People's Republic of China shall comply with this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

"Products" as referred to in this Law means products that have been processed or manufactured for the purpose of sale.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 4 Producers and sellers shall bear liability for product quality in accordance with the provisions of this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 party's factory name or factory address; and it is prohibited to adulterate or mix impurities into products, pass off fake products as genuine ones, or pass off inferior products as superior ones in production and sales.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 6 The State encourages the promotion of scientific quality management methods and the adoption of advanced science and technology, and encourages enterprises to achieve and exceed industry standards, national standards, and international standards in product quality.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Where the law provides otherwise for the departments responsible for product quality supervision, the provisions of the relevant laws shall apply.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 and 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Where local people's governments at all levels or other State organs shield or connive at acts in the production and 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

The product quality supervision department and relevant departments shall keep the identity 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Chapter II Supervision of Product QualityบทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 12 Product quality shall pass inspection, and substandard products shall not be passed off as qualified products.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 14 In accordance with internationally accepted quality management standards, the State promotes a system of enterprise quality system certification. Enterprises may, on the principle of voluntariness, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

With reference to internationally advanced product standards and technical requirements, the State promotes a system of product quality certification. Enterprises may, on the principle of voluntariness, 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 15 The State implements 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 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 for sale on the market or 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 of 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 apply.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Products subject to State supervision and random inspection shall not be subject to repeated random inspection separately by local authorities; products subject to supervision and random inspection by higher-level authorities shall not be subject to repeated random inspection separately by lower-level authorities.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 collected from the inspected party. The inspection fees required for supervision and random inspection shall be disbursed in accordance with the provisions of the State Council.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Where producers or sellers object to the results of random inspection and testing, they may, within fifteen days from the date of receiving the inspection results, apply for re-inspection to the product quality supervision department that conducted the supervision and random inspection or to its superior product quality supervision department, and the product quality supervision department accepting the re-inspection application shall make a re-inspection conclusion.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 16 Producers and sellers shall not refuse product quality supervision and inspection conducted in accordance with law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 17 Where products subject to supervision and random inspection in accordance with the provisions of this Law are not quality-qualified, the product quality supervision department that conducted the supervision and 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 qualified, the producer or seller shall be ordered to suspend business and carry out rectification within a specified time limit; if, upon expiration of the rectification period, re-inspection still shows that product quality is not qualified, the business license shall be revoked.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 18 Where product quality supervision departments at or above the county level, based on obtained evidence of suspected violations or on reports, investigate and handle acts suspected of violating the provisions of this Law, they may exercise the following powers:บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(1) Conduct on-site inspection of the premises where the party concerned is suspected of engaging in production or sales activities in violation of this Law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) Investigate and obtain information from the legal representative, principal person in charge, and other relevant personnel of the party concerned regarding circumstances related to the suspected production or sales activities in violation of this Law;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(3) Consult and copy the party concerned's relevant contracts, invoices, account books, and other relevant materials;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Where administrative departments for industry and commerce at or above the county level, within the scope of duties 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 20 Social intermediary institutions engaged in product quality inspection and certification must be established in accordance with law and shall not have a subordinate relationship or other interest relationship with administrative organs or other State organs.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 products use the certification mark but do not conform to the certification standards, they shall require correction; where the circumstances are serious, their qualification to use the certification mark shall be revoked.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 accepting the complaints shall be responsible for handling them.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 filing lawsuits with people's courts for damage caused by product quality.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Chapter III Product Quality Responsibilities and Obligations of Producers and SellersบทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Section 1 Product Quality Responsibilities and Obligations of ProducersบทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 26 Producers shall be responsible for the quality of the products they produce.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Product quality shall meet the following requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/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, such standards shall be complied with;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) possess the performance capabilities that the product should possess, unless a statement is made regarding defects in the product's performance capabilities;บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 27 The markings on a product or its packaging must be truthful and comply with the following requirements:บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(1) have a product quality inspection certificate;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) have the product name, manufacturer name, and manufacturer address indicated in Chinese;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 the main ingredients, these shall be indicated correspondingly in Chinese; where consumers need to be informed in advance, this shall be indicated on the outer packaging, or relevant materials shall be provided to consumers in advance;บทความมาจากFOFCC-http://fofcc.org.cn/th/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;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(5) for products that, if used improperly, are likely to cause damage to the product itself or may endanger personal or property safety, there shall be warning signs or warning instructions in Chinese.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Naked food and other naked products for which it is difficult to attach markings based on the characteristics of the product may be exempt from attaching product markings.บทความมาจากFOFCC-http://fofcc.org.cn/th/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, 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, indicating precautions for storage and transportation.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 29 Producers shall not produce products that are explicitly eliminated by the state.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 31 Producers shall not forge or fraudulently use certification marks or other quality marks.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 32 When producing products, producers shall not adulterate or mix in inferior or fake materials, shall not pass off fake products as genuine, shall not pass off inferior products as superior, and shall not pass off nonconforming products as conforming products.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Section 2 Product Quality Responsibilities and Obligations of SellersบทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 33 Sellers shall establish and implement a system for inspection and acceptance upon purchase, and verify the product conformity certificate and other markings.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 34 Sellers shall take measures to maintain the quality of the products they sell.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 36 The markings of products sold by sellers shall comply with the provisions of Article 27 of this Law.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 38 Sellers shall not forge or fraudulently use certification marks or other quality marks.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 39 When selling products, sellers shall not adulterate or mix in inferior or fake materials, shall not pass off fake products as genuine, shall not pass off inferior products as superior, and shall not pass off nonconforming products as conforming products.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Chapter IV Compensation for DamageบทความมาจากFOFCC-http://fofcc.org.cn/th/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:บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(1) it does not possess the performance capabilities that the product should possess and no statement was made in advance;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) it does not comply with the product standards indicated as adopted on the product or its packaging;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(3) it does not comply with the quality conditions indicated by means of product descriptions, physical samples, etc.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 another seller who supplied the product to the seller (hereinafter referred to as the supplier), the seller has the right to recover compensation from the producer or supplier.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

If 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 agreement.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

A producer shall not bear liability for compensation if it can prove any of the following circumstances:บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(1) the product was not put into circulation;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) when the product was put into circulation, the defect causing the damage did not yet exist;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(3) at the time the product was put into circulation, the level of scientific and technological knowledge could not discover the existence of the defect.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 42 Where a defect in a product is caused by the fault of the seller and causes personal injury or damage to another person's property, the seller shall bear liability for compensation.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

If a 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 43 Where a defect in a product causes personal injury or damage to another person's property, the victim may demand compensation from the producer of the product or from the seller of the product. If the responsibility lies with the producer and the seller compensates, the seller has the right to recover compensation from the producer. If the responsibility lies with the seller and the producer compensates, the producer has the right to recover compensation from the seller.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 reduced due to lost work, and other expenses; if disability is caused, it shall also pay for the disabled person's self-care aids, living allowance, disability compensation, and necessary living expenses for persons supported by the disabled person; if the victim dies, it shall also pay funeral expenses, death compensation, and necessary living expenses for persons supported by the deceased before death.บทความมาจากFOFCC-http://fofcc.org.cn/th/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. If the victim suffers other major losses as a result, the infringer shall compensate for the losses.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 45 The limitation period for filing a lawsuit to demand compensation for damage caused by a product defect is two years, calculated from the time the party knows or should know that its rights and interests have been harmed.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

The right to claim compensation for damage caused by a product defect is 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 been exceeded.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 a product has national standards or industry standards for safeguarding human health and personal or property safety, it means failure to comply with those standards.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 47 Where a civil dispute arises over 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 bring a lawsuit in a people's court.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Chapter V Penalty ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 49 Whoever produces or sells products that do not comply with the national standards or industry standards for safeguarding 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; if there is illegal income, the illegal income 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 50 Whoever adulterates or mixes in inferior or fake materials in a product, passes off fake products as genuine, passes off inferior products as superior, 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 and not more than three times the value of the illegally produced or 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; if a crime is constituted, criminal liability shall be pursued according to law.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 51 Whoever produces products explicitly eliminated by the state, or sells products 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; if there is illegal income, the illegal income shall also be confiscated; if the circumstances are serious, the business license shall be revoked.บทความมาจากFOFCC-http://fofcc.org.cn/th/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; if there is illegal income, the illegal income 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 53: Anyone who 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 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 and sold products shall be imposed; if there is illegal income, the illegal income shall also be confiscated.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 it did not know that the products were prohibited from sale and truthfully explains the source of its purchase, it may be given a lighter or mitigated punishment.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 56: Anyone who 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 person in charge and other directly responsible personnel; 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

If 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 revoke the qualification to use certification marks for products that do not conform to certification standards but use 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 61: Anyone who knows or should know that a product is prohibited from production or sale as provided in this Law and still 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 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 should 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).บทความมาจากFOFCC-http://fofcc.org.cn/th/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 is illegal income, the illegal income shall also be confiscated.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 its property is insufficient to pay both at the same time, it shall first bear civil compensation liability.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 liability shall be pursued according to law:บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(1) shielding or conniving at acts violating the provisions of this Law in the production or sale of products;บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

(2) tipping off parties engaged in production or sales activities violating the provisions of this Law, helping them evade investigation and handling;บทความมาจากFOFCC-http://fofcc.org.cn/th/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 the production or sale of products, causing serious consequences.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 66: If a product quality supervision department, in product quality supervision spot checks, 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 them; if the circumstances are serious, administrative sanctions shall be given according to law to the directly responsible person in charge and other directly responsible personnel.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 67: If a 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 given according to law to the directly responsible person in charge and other directly responsible personnel.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 68: If staff members of a product quality supervision department or the administrative department for industry and commerce abuse their powers, neglect their duties, or engage in malpractices for selfish ends, and 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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 69: Anyone who obstructs staff members of a product quality supervision department or the administrative department for industry and commerce from lawfully performing their duties by violence or threats shall be pursued for criminal liability according to law; anyone who refuses or obstructs without using violence or threats shall be punished by the public security organ in accordance with the provisions of the Regulations on Public Security Administration Punishments.บทความมาจากFOFCC-http://fofcc.org.cn/th/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 for the organs exercising the power of administrative penalty, the provisions of the relevant laws and administrative regulations shall be followed.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/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.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

　　Chapter VI Supplementary ProvisionsบทความมาจากFOFCC-http://fofcc.org.cn/th/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 for compensation liability for damage caused by nuclear facilities or nuclear products, the provisions thereof shall be followed.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/

Article 74: This Law shall come into force on September 1, 1993.บทความมาจากFOFCC-http://fofcc.org.cn/th/11213/