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"Product quality national supervision and spot check management method"
Date:2014-01-08 Font Size:Small Medium Large

  The first chapter is always
  Article 1 with a view to strengthening the supervision and control over product quality, the standard product quality country selectives examination (hereinafter referred to as the national supervision and spot check), according to "product quality standard", the standardization law, law on metrology of the regulations, these measures are formulated.
  Article 2 the national product quality supervision and spot check must abide by these measures. For export goods in accordance with relevant regulations.
  Article 3 the state supervision and spot check is organized by product quality supervision department under the state council shall, in accordance with the relevant provincial quality and technical supervision department and the product quality inspection institutions, production and sales of products in accordance with the relevant provisions of the sampling, inspection, and the selective examination result announcement and processing activities in accordance with the law. On national supervision and spot check is the national product quality supervision and inspection of one of the main ways.
  Article 4 the state supervision and spot check is divided into regular implementation of national supervision and spot checks and no special regularly on the implementation of national supervision and spot check two kinds. Regular implementation of the national supervision and spot check of every quarter, the national special supervision and spot check according to the product quality is not carried out regularly.
  Article 5 the state administration of quality supervision, inspection and quarantine (hereinafter referred to as aqsiq) is responsible for organizing and implementing the national supervision and spot check, and publish the national supervision and spot check report; The local quality and technical supervision departments, conform to the requirements as prescribed in the "product quality standard" product quality inspection institutions, and entrusted by general administration of quality supervision, inspection and quarantine shall be liable for the national supervision and spot check samples of sampling; Conform to the "product quality law" provisions of the relevant product quality inspection agency, responsible for the national supervision and spot check sample inspection work; Provinces, autonomous regions and municipalities directly under the central government of quality and technical supervision department (hereinafter referred to as the provincial quality technical supervision departments) according to the requirements of the general administration of quality supervision, inspection and quarantine, bear country selectives examination related work within their respective administrative areas.
  Article 6 the quality spot check the relevant departments of the state council or the local community activity, must not, in the name of national supervision and spot checks issued quality spot check report shall not be labeled as "national supervision and spot checks".
  Article 7 the state supervision and spot check the quality of the decision is based on the products have been national standards, industry standards and local standards and the relevant provisions of the state, and express the enterprise standards or quality promise.
  When the express the enterprise standards or quality promise of safety, health and other index is lower than the compulsory national standards, industry standards, mandatory local standards or the relevant provisions of the state, with mandatory national standards, industry standards and local standards or the relevant provisions of the state quality evaluation as the basis. In addition to the mandatory standards or the relevant provisions of the state requirements of indicators, can express the standards or quality promise quality evaluation as the basis.
  No corresponding compulsory standards, express enterprise standards and commitment to quality, with the corresponding recommended national standards, industry standards quality evaluation as the basis.
  Article 8 the state supervision and spot check of the samples, by sampling unit provided free of charge, the number of sampling shall not exceed the reasonable need inspection.
  Article 9 enterprises should actively cooperate with national supervision and spot check is selectived examination. For inconvenience take samples must send mail shall be the responsibility of the enterprise is selectived examination, to inspection agencies. Enterprise without justifiable reasons shall not refuse to state supervision and spot check and refused to send, send sealed sample.
  Article 10 the state supervision and spot check not charge inspection to the enterprise, national supervision and spot check the charge is solved by the financial department to arrange special funds. Financial department appropriated special funds supervision and spot check of state by the general administration of quality supervision, inspection and quarantine unified management and use.
  Article 11 whoever has the national supervision and spot check products, within six months from the date of sampling, departments of industry and enterprise, the local quality and technical supervision department and other departments on this kind of products of the enterprise shall not be repeated supervision and inspection.
  The second chapter to determine the spot check plan and selective examination scheme
  Article 12 the state supervision and spot check of the products are mainly involved in human health and the personal and property safety of the product, affect the national economy and peoples livelihood important industrial products and user organizations, consumers, products with quality problems.
  Aqsiq is responsible for the national supervision and spot check key product catalogue (hereinafter referred to as the "directory"); And according to the product development and quality change, to revise and adjust.
  Article 13 the state quality inspection administration according to the "directory", on the basis of solicit opinions from the relevant parties, make the plan of national supervision and spot check, and to the relevant unit issued national supervision and spot check task.
  Article 14 provincial quality and technical supervision department, the inspection institution shall be subject to the supervision of the national spot check task should develop selective examination scheme.
  Selective examination scheme shall include the following contents:
  (a) sampling. Sampling according to the standard, sample quantity and sample base, testing samples and the quantity of spare.
  (2) test. Inspection according to the principles of shall conform to the stipulated in article 7 hereof.
  (3) the inspection items. Inspection items should be the focus, the main choice involving human health and the personal and property safety of the project and the main performance, physical and chemical indicators, etc.
  (4) decision rule. Has decision rules in the relevant national standards or industry standards, in principle, in accordance with the provisions of the standard to judge. No comprehensive judgement, in standard can be presented by the inspection organizations responsible for the national supervision and spot check plan, agreed by standardization technical committee and solicit opinions from the competent department of industry, the general administration of quality supervision, inspection and quarantine agreed to go after;
  (5) list of companies that is selectived examination are put forward. Determining enterprise selectiving examination, should be focused and has certain representativeness, large, medium and small enterprises shall each have a certain proportion, the number of tracking spot enterprises at the same time, it is certain to should have. When necessary, can be specifically designated the scope of the enterprise is selectived examination;
  (6) random budgets. Budget in selectiving examination shall be formulated according to the principle of no profit, mainly includes the inspection fees, travel expenses, sample transport, announcement fee, etc.
  State supervision and spot checks of sampling, inspection, project, decision rules shall adhere to the principle of scientific, just, fair and open.
  Article 15 after the spot check plan is approved by the general administration of quality supervision, inspection and quarantine examination, to the inspection agency issued the national supervision and spot check specification ", the product quality of national supervision and spot check notice, and the national supervision and spot check situation feedback form.
  Article 16 the inspection institution shall be subject to the supervision of the national spot check task, shall organize relevant personnel to study relevant laws, regulations and relevant provisions of the state supervision and spot checks, and the possible problems in the process of sampling and test, puts forward a reasonable solution.
  The relevant units of state supervision and spot checks of products and the list of enterprises is selectived examination must be strictly confidential, banned in any name or form leaked in advance, and notify the enterprise is selectived examination.
  The third chapter take sample
  Article 17 the state supervision and spot check the sampling personnel shall be paid by the enterprise that is selectived examination seat assigned by the department of the provincial quality and technical supervision of personnel, inspection unit personnel. To the enterprise when the sampling should have at least more than two (2) the sampling personnel to attend. It is forbidden to the sampling personnel prior notice by spot check enterprise, forbidden by spot check enterprises or enterprises with direct and indirect relations to participate in the reception work.
  Before sampling, the sampling personnel should show the general administration of quality supervision, inspection and quarantine issued the "notice of product quality state supervision and spot checks and valid identity certificate, id card and employees card), to the enterprise introduces the nature of the national supervision and spot check and sampling method, testing basis, decision rules, etc., and sampling.
  Article 18 random samples shall be finished product warehouses or enterprise in the market for sale of products in extraction, and to ensure that the sample is representative. Draw-out sample should be through the enterprise products of inspection in the near future. In case of one of the following circumstances, shall not be sampling:
  (a) enterprise is selectived examination without notice of the state supervision and spot check product quality products listed;
  (2) the product without business qualification check;
  (3) have sufficient evidence to spot check of products for enterprises to produce their own, and not for sale.
  (4) products are according to the contract and the processing, the production effectively;
  (5) there is sufficient evidence to prove that the product sampling for export, and export contract otherwise stipulated in the quality of product;
  (6) products labeled "trial" or "processing";
  (7) product sampling base do not conform to the requirements of the selective examination scheme.
  Article 19 enterprises is selectived examination when the weather is one of the following circumstances, may refuse to accept spot check:
  (a) less than 2 sampling personnel;
  (2) the sampling personnel name does not accord with the product quality of national supervision and spot check notice;
  (3) the sampling personnel shall carry the product quality country selectives examination notice and valid identity certificate (such as id card and employees card) material is not complete;
  (4) by spot check enterprise and the product name and the product quality country selectives examination notice inconsistent;
  (5) the sampling personnel prior notice of the enterprise.
  Article 20 when sealed samples, sampling personnel should have opened prevention measures, to ensure the authenticity of the sample.
  Article 21 after the sampling work, sampling personnel shall fill in the sample list. Sampling of the enterprise name, trademark, specifications, production date, date of sampling, sampling base, sampling quantity, standards, inspection basis, whether it is qualified products for sale, whether the batch of products for export products, whether there is a contract, production license and certification of content must be filled in item by item. Enterprises need to special statement, note it in the note column.
  Article 22 the sampling list must have the personnel and the enterprise concerned personnel signature is selectived examination, build official seal of enterprise is selectived examination. For special circumstances, can be confirmed by the local quality and technical supervision department.
  Sample list in quadruplicate, respectively retained inspection institutions and enterprises, sending the local quality and technical supervision departments at the provincial level and submitted to the general administration of quality supervision, inspection and quarantine.
  Article 23 for production, production and other causes no samples can smoke, the enterprise must provide written proof; Sampling personnel shall refer to the related parameter confirm and sign on the certificate.
  Article 24 of the enterprise is selectived examination refused in accordance with the law sampling, the sampling personnel shall work patiently, and rejects the consequences and treatment measures; May, when necessary, by the provincial quality and technical supervision department to inform the local quality and technical supervision departments to be coordinated. Companies still do not accept random sampling, the sampling personnel shall promptly to the provincial quality technical supervision department and the general administration of quality supervision, inspection and quarantine report, and the enterprise shall, in accordance with the rejected product quality country selectives examination (hereinafter referred to as "opt-out")。
  Article 25 the sampling work is completed, the sampling personnel responsible for timely to the product quality country selectives examination notice the second league, sampling list and spot check plan submitted by spot check enterprise local quality and technical supervision departments at the provincial level.
  To help us, send samples, need to enterprise shall, within the prescribed period of time will send, send sample of the designated inspection agencies. Without justifiable reasons, not to send, send the sample according to opt-out.
  Article 26 after sampling, extraction of sample in the market, the inspection institution shall also notice in writing to express mail product packaging or brand of the nominal production enterprises, and by the production enterprise to confirm the authenticity of the sample. Companies received written notice within 15 days without any written reply, as to confirm the product for the enterprise production.
  Article 27 the sampling of the sample should be in the national supervision and spot check result to keep three months after release. Expires, the samples returned by spot check enterprise. Cant refund by inspection cause damage or loss of the sample can not be returned, but shall be submitted to the enterprise that is selectived examination. Companies can request samples not returnable, by both sides talks things over solve.
  Inspection institutions shall be properly kept spare samples.
  The fourth chapter test
  Article 28 the state supervision and random inspection of product quality inspection institutions must have the corresponding testing conditions and capabilities, in line with the legal requirements, and in accordance with the general administration of quality supervision, inspection and quarantine authorized to carry out product quality inspection work. State supervision and spot check inspection general commissioned in accordance with the law, set up and authorized in accordance with the national or provincial product quality inspection institutions to undertake; Product quality inspection institutions recognized by the national laboratory preferable.
  State supervision and spot check the subcontract is prohibited. Inspection agencies in the process of task state supervision and spot check, all involved in the sampling inspection subcontractor for the project in any form.
  Article 29 of the inspection institution shall strictly, formulate the sample receiving, storage, receiving, inspection, preservation and processing procedures, and strictly according to the program execution.
  Article 30 receiving samples should be someone whos in charge of checking, recording, status, the appearance of the sample seal without damage and other may affect test results or comprehensive judgement, and confirm the samples and the sampling list record whether conform to, to detect and standby storage after samples were labeled with the corresponding identifier. When necessary, without affecting the sample inspection results, can be partial shipments or sample of the packing number, to ensure that wont happen for other reasons lead to unfair situation.
  Article 31 sample recipients to strictly implement the corresponding drawing program, there are someone whos in charge, inspection process, the transfer should have the detailed record of the sample.
  Article 32 testing instruments and equipment shall be in conformity with the relevant provisions of the requirements, and the verification cycle to ensure normal operation.
  Article 33 of the inspection institution shall organize all personnel participating in the inspection before inspection study inspection method and testing conditions, and to ensure that the inspection method and testing conditions by the regulation work.
  Article 34 the on-site inspection to make on-site inspection procedures, and ensure that all site inspection for the same product subject to the same operation procedures.
  Article 35 the inspection records must be filled in truly and correctly, and guarantee the true, accurate, clear, shall not be altered at random, and properly keep for future reference.
  Article 36 of the test samples in case of failure or other condition causes in the process of inspection could not be, must truthfully recorded timely, have fully demonstrated and materials.
  Article 37 after the inspection, sampling in manufacturing enterprise, it shall timely to the products quality supervision and random inspection results notice to send the production enterprise, cc the production enterprise local quality and technical supervision departments at the provincial level.
  Sampling in the market, to the confirmed production enterprises, in addition to according to the provisions of the preceding paragraph to send the products quality supervision and random inspection results notice, and shall timely send you by random distribution of enterprises; Unable to confirm production enterprises, should be "product quality national supervision and random inspection results notice sent by random distribution companies, sent to the local quality and technical supervision departments at the provincial level.
  Article 38 inspection report must be complete, the inspection basis and project must be clear and consistent with the spot check plan, inspection data must be accurate, a conclusion.
  Article 39 the production enterprise of sampling inspection report shall be printed in triplicate. An inspection institution responsible for the national supervision and spot check, the rest were to send the production enterprises and the enterprises local quality and technical supervision departments at the provincial level.
  Sampling in the market, to the confirmed production enterprises, the inspection report shall be printed in quadruplicate. In addition to send inspection report according to the provisions of the preceding paragraph, it shall timely send you by random distribution of enterprises; Unable to confirm production enterprises, inspection report to print 3 copies, respectively, to send the production enterprises and the production enterprise local quality and technical supervision departments at the provincial level.
  Sampling in the market, to the confirmed production enterprises, the inspection report to print in quadruplicate. In addition to send inspection report according to the provisions of the preceding paragraph, it shall timely send you by random distribution of enterprises; Unable to confirm production enterprises, inspection report to print 3 copies, respectively send distribution and distribution enterprise local quality and technical supervision departments at the provincial level.
  Inspection report must report on the state supervision and spot check results before sent by express mail.
  The fifth chapter dealing with summary of dissent
  Article 40 selectived examination or after confirm the sample production enterprise to have objections to the test results, shall be upon receiving the products quality supervision and random inspection results notice within 15 days from the date of, to organize the implementation of national supervision and spot check of the general administration of quality supervision, inspection and quarantine a written report, and send inspection institutions. If no objection, as admitted that test results.
  Article 41 the state quality inspection administration may entrust the provincial quality technical supervision departments, inspection agency put forward objection processing enterprises.
  Inspection institutions receive written report, enterprise need the reinspection do not coincide with the approval of the general administration of quality supervision, inspection and quarantine, should according to the selective examination scheme USES the spare sample inspection, and shall make a written reply within 10 days. The reinspection results reported to general administration of quality supervision, inspection and quarantine, cc enterprise local quality and technical supervision departments at the provincial level.
  Article 42 the reinspection do not generally conducted by the inspection institution. The inspection fee into the national supervision and spot check.
  Special circumstances, the inspection organizations designated by the general administration of quality supervision, inspection and quarantine for the reinspection. The reinspection results are inconsistent with the results, the reinspection fee shall be borne by the original inspection agency.
  Article 43 the inspection institution in selectiving examination, after the completion of work shall be in accordance with the requirements of the general administration of quality supervision, inspection and quarantine within the prescribed time, the results of national supervision and spot check report submitted to the general administration of quality supervision, inspection and quarantine and related accessories.
  The sixth chapter selectives examination results of processing
  Article 44 the state quality supervision, inspection and quarantine shall be responsible for compiling the results, published national product quality supervision and spot check report, release to the society and country selectives examination announcement; To endanger human health, personal safety and property the unqualified products of environmental protection, national economy and peoples livelihood and the quality problem affected the unqualified products, and rejects the enterprise, with public exposure.
  Article 45 the provincial quality technical supervision department shall timely forward the national supervision and spot check report, and according to the situation, can inform the local government and relevant departments, organizations held unqualified factory director (manager) learning (training) class.
  For a region enterprise product quality problems, that is selectived examination, when necessary, can be directly by the general administration of quality supervision, inspection and quarantine to local government and the local party and government main leaders quality problems.
  Article 46 the quality issue in selectiving examination reflects the tendentious, or serious problem of product quality, product sampling percent of pass low, general administration of quality supervision, inspection and quarantine jointly with the relevant industry competent authorities or organizations industry association, the inspection agency at product quality analysis.
  Article 47 whoever country selectives examination unqualified products production and sales enterprises, except for production, production, and other reasons not to continue production, must carry out rectification. Provincial quality and technical supervision department is responsible for the supervision and inspection enterprise rectification work.
  Article 48 the unqualified product rectification production enterprise must, in accordance with the following requirements:
  (a) quality problem is serious, must immediately stop this kind of unqualified products production and sales;
  (2) the enterprise legal representative to the national supervision and spot check report to the staff, make improvement scheme, the implementation of the rectification work responsibility system;
  (3) to find out the reasons of the unqualified products, establish quality responsibility, to deal with the relevant responsible;
  (4) on the products, a comprehensive clean-up inventory products, substandard products from the factory are not allowed to continue, to endanger human health, personal property safety of unqualified products, to be in accordance with the relevant provisions of the "product quality law" and other supervision and destroyed or make necessary technical treatment;
  (5) according to the reasons of the unqualified products and quality technical supervision departments, the relevant departments of the rectification requirements, in terms of management, technology and process equipment and take concrete and effective measures, establish and perfect enterprise quality guarantee system;
  (6) take an active part in the quality and technical supervision department organization of unqualified enterprises factory director (manager) study (training) class and quality analysis;
  (7) timely submission of the rectification report and review of the application;
  (eight) accept quality and technical supervision department organization rectification review and the review of product quality inspection.
  Article 49 the unqualified rectification products sales enterprise must, in accordance with the following requirements:
  (a) immediately to clean up the inventory in pin products, directly endanger human health and safety or fatal defects or lost use value of the product, must be removed immediately counter, it is forbidden to continue to sell, to still have use value of products, returned to the production enterprises to carry out the necessary technical treatment, or indicate the substandard goods rear can continue to sell;
  (2) according to quality problem, find out the quality responsibility;
  (3) strengthen the review control and inspection personnel of the suppliers business training, establish quality responsibility system.
  Article 50 enterprises, after the completion of the rectification work shall be reported to the local provincial quality and technical supervision departments apply for review, commissioned by the provincial quality and technical supervision departments in accordance with "product quality law" provisions of the relevant product quality inspection institutions, sampling review according to the original plan. Review application from general administration of quality supervision, inspection and quarantine issued national supervision and spot check report date, normally no more than six months.
  Article 51 the state supervision and spot check unqualified products production enterprise review, inspection fees, paid by unqualified products manufacturing enterprises.
  Article 52 rejects the products of the enterprise, without good reason not to send, send samples of the enterprise, the product is unqualified. Rejects enterprise review work local provincial quality and technical supervision departments entrusted by the enterprise bear the national quality inspection institutions, when conducting supervision and random inspection.
  Article 53 shall apply for review and maturity is still not review of enterprises, organized by the provincial quality technical supervision department for review.
  Article 54 in the national supervision and spot checks of the provisions relating to safety and health and other compulsory standards project unqualified products, shall be ordered to stop production, sale, and in accordance with the "product quality standard", the standardization law and other relevant laws and regulations will be punished. To directly endanger human body health, personal property safety products and fatally flawed product, by the general administration of quality supervision, inspection and quarantine notification by spot check production enterprise withdraw within has factory, sales of the products, and order the marketing firms will all the product off the counter.
  Article 55 the state supervision and spot check involves general project unqualified products, order the enterprise deadline to correct.
  Article 56 obtained the production license, safety certification of unqualified products production enterprises, shall be ordered to make correction immediately; Review is still unqualified rectification is due, the license issuing agency shall revoke its production license, safety certification.
  Article 57 the company leading products in the national supervision and spot check not qualified for the second time in a row, from the quality and technical supervision departments at or above the provincial level to the administrative department for industry and commerce suggestion to revoke the business license of enterprise legal person, and publish to the society.
  Article 58 the state supervision and spot check is unqualified, still can not meet the specified requirements after checking the production enterprises, the provincial quality and technical supervision department under the state council in conjunction with the local authorities, shall be ordered to halt production enterprises.
  Chapter 7 work discipline
  Article 59 the staff to participate in the national supervision and spot check, must strictly abide by the provisions of the state laws and regulations, strictly enforce the law, enforce the law impartially, BuXunSiQing, on the spot check list of products and enterprises must be kept secret.
  Article 60 the inspection institution shall strictly in accordance with the relevant provisions of the state supervision and spot check for sampling and inspection work, shall guarantee the examination work scientific, fair and accurate.
  Article sixty-one the inspection institution shall truthfully inspection inspection results and test results, shall not conceal, and shall be responsible for inspection work.
  Inspection institutions in bear country selectives examination during the mission shall not accept the entrustment of an enterprise of similar products is selectived examination test.
  Article sixty-two the inspection institutions shall not use the national supervision and spot check result to participate in the activities of the paid.
  Article sixty-three the inspection institutions, without the prior permission of the general administration of quality supervision, inspection and quarantine shall not, without the selective examination results and related materials of foreign disclosure; Shall not, without state supervision and spot checks of qualified certificate to enterprises.
  Article sixty-four the inspection institution and participate in the national supervision and spot check staff in violation of the provisions of these measures, by the general administration of quality supervision, inspection and quarantine shall be ordered to correct, rectification within a time limit; If the circumstances are serious, he shall cancel the related certificates and documents, disqualified from engaged in product quality supervision and inspection work; The relevant responsible persons shall be given administrative sanctions according to law, to constitute a crime, shall be investigated for criminal responsibility according to law.
  Chapter 8 is attached
  Article sixty-five the provincial quality technical supervision department organization to perform supervision and spot check can be reference to the present measures.
  Article sixty-six of the general administration of quality supervision, inspection and quarantine shall be responsible for the interpretation of these procedures.
  Article sixty-seven the measures come into force on 1 March 2002. Published in 1986, the national economic council, the provisions of national supervision and spot check the quality of the products and in 1991 the former state bureau of technical supervision issued "product quality selectives examination supplementary provisions of the state" shall be repealed simultaneously.

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