（February 22, 1993, the seventh National Peoples Congress standing committee by the 30th session） （based on July 8, 2000 the ninth session of the 16th meeting of the National Peoples Congress standing committee "on modifying the decision of the < > the product quality law of the Peoples Republic of China"）
　　The first chapter is always
　　Article 1 in order to strengthen the supervision of product quality management, improve product quality, clear product quality responsibility, protect the legitimate rights and interests of consumers, to maintain social and economic order, this law is enacted.
　　Article 2 within the territory of the Peoples Republic of China engaged in products production and sales activities, must abide by this law. Products referred to in this law refers to after processing, production, products for sales. The law does not apply to construction projects. However, construction use of construction materials, components and equipment, belong to the product scope as prescribed in the preceding paragraph, apply to the provisions of this law.
　　Article 3 producers and sellers shall establish and improve the internal quality management system, strict implementation of the post quality norms, quality responsibilities and corresponding assessment measures.
　　Article 4 the producer, the seller liable for product quality in accordance with the provisions of this law.
　　Article 5 the ban forge or falsely use another producer authentication marks or other product quality marks. Ban forge the origin of a product, forge or falsely use another producer name and address. Banned in production and sales of products adulterate, true, shoddy.
　　Article 6 the state shall encourage scientific quality management methods, the use of advanced science and technology, encourage enterprises to the quality of the products meet and exceed industry standards, national standards and international standards. To product quality management and advanced quality of the products reached the international advanced level, outstanding achievements units and individuals, shall be rewarded.
　　Article 7 peoples governments at all levels should improve the quality of the products incorporated into the national economic and social development plan, strengthen the overall planning and organizational leadership for the work of product quality, guide, supervise and urge producers and sellers to strengthen product quality management, improve product quality, organize the relevant departments in accordance with the law, take measures to stop the production, sales in violation of the provisions of this law, guarantee the enforcement of this law.
　　Article 8 the product quality supervision department under the state council shall be responsible for the national product quality supervision work. The relevant departments of the state council within their respective responsibilities responsible for product quality supervision work. The local product quality supervision departments at or above the county level in charge of product quality supervision work within their respective administrative areas. The local peoples governments at or above the county level authorities in responsible for product quality supervision work within the scope of their functions and responsibilities respectively. Otherwise stipulated by law of product quality supervision department, in accordance with the provisions of relevant laws.
　　Article 9 peoples governments at all levels staff and other staff members of state organs shall not abuse their powers, neglect their duties or practice favoritism, shield, indulgence in this region, the system of production, the sale in violation of the provisions of this law, or obstruction, intervention in accordance with the law on product production and sales of investigation for violation of the provisions of this law. The local peoples governments at various levels and other state organs have harboured, indulgence products production and sales in violation of the provisions of this act, the principal legal liability shall be pursued in accordance with the law.
　　Article 10 all units and individuals shall have the right to the violation of the provisions of this law, to the product quality supervision department or other relevant departments. Product quality supervision department and relevant departments shall keep secret for the prosecutors, and in accordance with the regulations of the peoples governments of provinces, autonomous regions and municipalities directly under the central government shall be rewarded.
　　Article 11 the region of any unit or individual is allowed to reject or not the system of enterprise production quality qualified products to enter the region, in this system.
　　The second chapter, the supervision of product quality
　　Article 12. The product quality should be inspection, shall not qualified products as qualified products.
　　Article 13 May endanger human body health and personal and property safety of industrial products, must conform to safeguard human health and the national standards, industry standards of personal and property safety; Did not formulate the national standards, industry standards, must conform to safeguard human health and the requirements of the personal and property safety. It is prohibited to produce, sales is not in conformity with the safeguard human health and the personal and property safety standards and requirements of industrial products. Specific measures shall be prescribed by the state council.
　　Article 14 the state according to the international quality management standards, establish the enterprise quality certification system. Enterprise can according to the voluntary principle to the product quality supervision department under the state council or approved by the departments authorized by the product quality supervision department under the state council approved certification institution to apply for enterprise quality system certification. If certified, the enterprise quality system certification certificate by the certification institutions. Countries with reference to international advanced product standards and technical requirements, product quality certification system. Enterprise can according to the voluntary principle to the product quality supervision department under the state council or approved by the departments authorized by the product quality supervision department under the state council approved certification agency to apply for the product quality authentication. If certified, the product quality authentication certificate by the certification agency, allowing companies to use the product in the product or its packaging quality certification marks.
　　Article 15 the state shall implement a product quality to selective examination system as the main way of supervision and inspection, to may endanger human body health and personal and property safety of the product, affect the national economy and peoples livelihood the important industrial products and consumer, relevant organizations to reflect the spot check products with quality problems. Random samples should be finished product warehouses or enterprise in the market for sale of products in random. Supervision and spot check by the product quality supervision department under the state council planning and organization. The local product quality supervision departments at or above the county level within their respective administrative areas can also organize supervision and spot check. Except as otherwise stipulated by the law of product quality supervision and inspection, in accordance with the provisions of relevant laws. Country selectives examination product, place shall not repeat random separately; Superior selectives examination product, the lower shall not repeat spot check separately. According to the need of supervision and spot check, can test the product. Test sample amount shall not exceed the reasonable need inspection, inspection fees and can not to be checked. Supervision and spot checks required inspection fee charge in accordance with the regulations of the state council. Producers and sellers have objections to the results of random inspection, can within 15 days from the date of receiving the test results for the supervision and spot check of the product quality supervision department or its superior product quality supervision departments apply for review, by accepting the re-inspection of product quality supervision department to make the re-inspection conclusion.
　　Article 16 to product quality supervision and inspection in accordance with the law, producers and sellers shall not be refused.
　　Supervise selective examination in accordance with the provisions of article 17 of the quality of the product is unqualified, the implementation of supervision and spot check the product quality supervision department shall be ordered to the producers and sellers of corrections within a time limit. Do not make the corrections within the time limit, the product quality supervision department of the peoples government at or above the provincial level shall be published; After the announcement by the review is still not qualified, closure, rectification within a time limit; Overhaul after the expiry of the review of the quality of the products is unqualified, revoke the business license. Supervision and spot checks of products have serious quality problem, shall be punished in accordance with the relevant provisions of chapter v of this law.
　　Article 18 products quality supervision departments at or above the county level shall, according to a report suspected illegal evidence or had made to investigate alleged violation of the provisions of this law, can exercise the following powers and functions:
　　（a） on the parties involved in violation of the provisions of the on-site inspection of the production, the sale activity places;
　　（2） to the legal representative of the parties, the principal person in charge and other relevant personnel investigation, understanding and involved in violation of the provisions of the production, sales activities;
　　（3） to consult and copy the relevant contracts, invoices, account books and other relevant materials;
　　（4） to have according to the thought is not in conformity with the safeguard human health and the national standards, industry standards of personal and property safety of the products or have other serious quality problems of products, and directly used in production and sales of the products of raw and auxiliary materials, packing materials, production tools, shall be sealed up or seized. The administrative department for industry and commerce at or above the county level shall, in accordance with the scope of the duties prescribed by the state council, to investigate alleged violation of the provisions of this law, may exercise the functions and powers prescribed in the preceding paragraph.
　　Article 19 the product quality inspection institutions must have the corresponding testing conditions and ability, the product quality supervision department of the peoples government at or above the provincial level or its authorized department, after assessment is eligible to take the product quality inspection work. The laws and administrative regulations on product quality inspection institutions has other provisions, in accordance with the provisions of relevant laws and administrative regulations.
　　Article 20 the social intermediary agencies engaged in product quality inspection and certification must be set up in accordance with the law, must not with any administrative organs and other state organs have any subordination relations or other interest relations.
　　Article 21. The product quality inspection institutions, certification bodies must be in accordance with the relevant standards in accordance with the law, objective and fair to provide test results or certificate. Product quality certification institution shall, in accordance with the provisions of the state to use the certification marks product certification after checking; Does not meet the certification standards and USES authentication marks, request the correction; If the circumstances are serious, cancel the qualification of use of certification marks.
　　Article 22 the consumer has the right to the product quality problem, contact the product producers and sellers; To product quality supervision department, the administrative department for industry and commerce and the relevant departments complaints, accept complaints department shall be responsible for handling.
　　Article 23 the protection of consumers rights and interests of consumers can reflect social organization suggest that relevant departments responsible for handling product quality problem, customer support to the peoples court for the damage caused by the product quality.
　　Article 24 the state council and the peoples governments of provinces, autonomous regions and municipalities directly under the central governments product quality supervision department shall regularly publish the condition of supervision and spot check the quality of the product announcements.
　　Article 25 the product quality supervision department or other state organs as well as product quality inspection institutions shall recommend producers of products to the public; Shall not be produced, and sale of product, such as way to participate in the activities of product management.
　　The third chapter of producers and sellers product quality responsibilities and obligations
　　The first section producers product quality responsibilities and obligations
　　Article 26 the producer shall be responsible for the quality of the products. The quality of the products shall meet the following requirements:
　　（a） there is no endanger personal and property safety of unreasonable danger, safeguard human health and personal and property safety of the national standards, industry standards and shall comply with the standards;
　　（2） with the use of the products shall meet the performance, however, to explain the use of performance defects of the products with the exception of the;
　　（3） comply with the product or its packaging marked on the product standard, conforms to the quality of the product description, physical sample show.
　　Article 27 the logo on the product or its packaging must be real, and meet the following requirements:
　　（a） product quality inspection certificate;
　　（2） there are indicate the producer name and address of manufacturer of the product name, in Chinese;
　　（3） according to the characteristics of the product and use requirements, need to indicate the product specification, grade, contains the name of the ingredient and content, corresponding the affixation in Chinese; Need to let the consumer know beforehand, it shall be indicated on the outer packing, or provide relevant information to consumers in advance;
　　（4） use the product within a time limit, shall be in a prominent position clearly indicate the date of production and safety use or expiry date.
　　（5） the improper use, easy to cause damage of the product itself or may endanger personal and property safety of the product, there should be warning marks and warning specifications in Chinese. Food products without package and other additional identification according to the characteristics of the product is difficult to nude products, may dispense with product marks.
　　Article 28 the fragile, inflammable, explosive, toxic, corrosive, or radioactive and other dangerous goods and should be kept upright during storage and transportation and other products have special requirements, the packaging quality must meet the corresponding requirements, in accordance with the relevant provisions of the state to make warning marks or warning message in Chinese, indicate the storage and transportation.
　　Article 29 no producer may produce any product that has been officially eliminated by the state.
　　Article 30 no producer may forge the origin of a product, nor forge or falsely use another producer name and address.
　　Article 31 no producer may forge or falsely use another producer authentication marks or other product quality marks.
　　Article 32 the producer production product, do not get adulteration, adulterated, may not be true, shoddy, must not pretend to be eligible product as qualified products.
　　The seller product quality responsibilities and obligations of the second quarter
　　Article 33 of the seller shall establish and implement the system of examination and acceptance of goods to verify product quality certificates and other marks.
　　Article 34 the seller shall take measures to keep the quality of the product sales.
　　Article 35. The seller shall not sell the product and has been officially eliminated by the state to stop selling and invalid or deteriorated products.
　　The identity of the article 36 of seller products shall conform to the provisions of article 27 of this law.
　　Article 37 the seller may not forge the origin of a product, nor forge or falsely use another producer name and address.
　　Article 38 a seller may not forge or falsely use another producer authentication marks or other product quality marks.
　　Article 39 products, seller shall not be mixed, the adulteration, may not be true, shoddy, must not pretend to be eligible product as qualified products.
　　The fourth chapter damages
　　Article 40 the sold products are one of the following circumstances, the seller shall be responsible for repair, replacement, return; Losses to purchase products, seller shall compensate for the losses:
　　（a） does not have the use of the products shall meet the performance and the prior instructions;
　　（2） do not conform to the specified on the product or its packaging with product standards;
　　（3） does not conform to the product description, physical methods such as sample shows that the quality of the situation.
　　The seller in accordance with the provisions of the preceding paragraph is responsible for repair, replacement, return or compensate for the losses, belongs to the responsibility of the producer or to offer to the seller, the other the seller （hereinafter referred to as "supplier"） responsibility, seller shall have the right to recover from the producers and suppliers. Seller is not in accordance with the first paragraph, give repair, change, refund or compensation for losses, the by product quality supervision department or the administrative department for industry and commerce shall be ordered to correct. Between producers and sellers, the business contract, contract concluded between producers and sellers have different contract, the parties to a contract in accordance with the contracts.
　　Article 41 if the defect of product causes person, other than the defective product （hereinafter referred to as the property of others） damage to property, the producer shall be liable for compensation. Producers can prove any of the following circumstances, does not assume liability to pay compensation:
　　（a） not put product into circulation;
　　（2） when the product was put in circulation, causing damage to the defects of did not exist;
　　（3） the product was put in circulation of the defect in the level of science and technology can not be found.
　　Article 42 products defect due to sellers fault, causing damage to human life or another person property, the seller shall be liable for compensation. The seller can identify neither the producer of the defective product nor the supplier thereof, the seller shall be liable for compensation.
　　Article 43 for the defect of product causes damage to human life or another person property, the victim may demand compensation from product producer, also may demand compensation from the seller. Belong to the product producer responsibility, the compensation of the loss from the seller, the seller shall have the right to recover from the producer. Belong to product of the responsibility of the seller, the product of the producers of compensation, the products of the producer shall have the right to recourse against the seller.
　　Article 44 for the defect of product causes the victim for personal injury, the infringer shall also compensate for medical treatment, during treatment of nurse, （to reduce expenses for income; Cause of disability, also shall pay the handicapped self life, living subsidies, disability compensation, and by the person to maintain the necessary living expenses; Caused the death of the victim, and shall pay the funeral expenses, death compensation and the people of the deceased the necessary living expenses and other expenses. Due to the defect of product causes the victim property losses, the infringer shall restore to its original condition or reimburse its estimated price. Where the infringed suffers any other serious losses, the infringer shall also compensate for the losses.
　　Article 45. Due to the defect of product causes damage to the limitation of action for damages, for two years, since the party knew or should have known that its rights and interests are harmed when calculating. Right of claim of compensation for the defect of product causes damage, the damage of the defective product delivery first consumers for ten years; Except where not yet of the clearly stated safe-use period.
　　Article 46 the defects mentioned in this law refers to the product exists endanger safety of unreasonable danger to human life or another person property; Product has the safeguard human health and personal and property safety of the national standards, industry standards, refers to deviate the standard.
　　Article 47 a civil dispute concerning product quality arises, the parties may settle the dispute through consultation or mediation. The parties are reluctant to settle the dispute through consultation, mediation or negotiation or mediation fails, can according to the agreement of the parties concerned shall apply to the arbitration institution for arbitration; The parties concerned did not reach an arbitration agreement or an arbitration agreement is invalid, can directly bring a suit in a peoples court.
　　Article 48 the arbitration institution or a peoples court may appoint product quality inspection institutions specified in article 19 of this law, to the related product quality inspection.
　　The fifth chapter penalty,
　　Article 49 the production, the sale is not in conformity with the safeguard human health and the national standards, industry standards of personal and property safety of the products, shall be ordered to stop the production, sale, confiscate the illegal production and sales of products, and illegal production, sales, products （including products have been sold and not sold, similarly hereinafter） value equivalent of more than three times the fine; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the suspension of business license; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
　　Article 50 in adulterate product, true, shoddy, or by unqualified products as qualified products, shall be ordered to stop the production, sale, confiscate the illegal production and sales of products, and the illegal production, sales, product value by more than fifty percent of three times the fine; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the suspension of business license; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
　　Article 51 the declared obsolete by formal decree of the state production product, sales and to stop selling the product has been officially eliminated by the state, shall be ordered to stop the production, sale, confiscate the illegal production and sales of products, and illegal production, sales, product fine below value equivalent; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the suspension of business licences.
　　Article 52, sell invalid or deteriorated products shall be ordered to stop the sale, confiscate the illegal sales of products, and two times the value of the illegal sales of products fine; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the suspension of business license; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
　　Article 53 the counterfeit product origin, forge or falsely use another producer name and address, forge or falsely use another producer authentication marks or other product quality marks, shall be ordered to correct, confiscate the illegal production and sales of products, and the illegal production, sales, product value equivalent fine below; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, the suspension of business licences.
　　Article 54 the product label is not conform to the provisions of article 27 of this law, shall be ordered to correct. Packed product label is not in conformity with the provisions of article 27 of the first item （4）， the first paragraph （5）， if the circumstances are serious, shall be ordered to stop the production, sale, and the illegal production, sales, product value of less than thirty percent of the fine; With all its illegal incomes, and confiscate the illegal income.
　　Article 55 the seller of the provisions of article 49 to article 53 banned the sale of products, where sufficient evidence its dont know this product is banned the sale of products and truthfully explain the source of replenish onrs stock, may be given a lighter or mitigated punishment.
　　Article 56 the refused to accept the law of product quality supervision and inspection, to give warning, they shall be ordered to correct; Refuses to correct, ordered to stop business operations for rectification; If the circumstances are especially serious, revoke the business license.
　　Article 57 product quality inspection institutions, certification bodies, forge the inspection result or false certificate, shall be ordered to correct, the unit to be fined fifty thousand yuan and one hundred thousand yuan, the person in charge directly responsible and other directly responsible personnel be fined ten thousand yuan and fifty thousand yuan; With all its illegal incomes, and confiscate the illegal income; If the circumstances are serious, cancel the inspection qualification, qualification certification; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
　　Product quality inspection institutions, issued by the certification bodies, inspection results or prove untrue, losses, shall bear the corresponding liability to pay compensation; Caused serious losses, revoke the qualifications of inspection, certification.
　　Product quality certification institution violates the provisions of the second paragraph of article 21 of this law, does not meet the certification standards and use the product certification marks, not in accordance with the demands of its correct or cancel the qualification of USES authentication marks, is not in conformity with the certification standards for products to consumers caused by the loss, jointly and severally liable with the producers and sellers of the product; If the circumstances are serious, revoke the certification qualification.
　　Article 58 the social organizations, social intermediary organization commitment, guarantee the quality of product, and the product does not meet its commitment, guarantee the quality requirements, losses to consumers, are jointly and severally liable with the producers and sellers of the product.
　　Article 59 the quality of product in the advertisement making false propaganda, cheat and mislead consumers, in accordance with the provisions of the advertisement law of the Peoples Republic of China shall be investigated for legal responsibility.
　　Article 60 to producers specially used in the manufacture of the products listed in article 49, article 51 or true products of raw materials, packing materials, production tools, shall be confiscated.
　　Article sixty-one knows or should know that belong to the provisions of this law banning the production and sales of products and to provide convenient conditions such as transportation, storage, warehousing, etc., or to provide true product counterfeiting production technology, the confiscation of all transportation, storage, storage or provide income of production technologies of counterfeiting, concurrently fined not more than three times the illegal income by more than fifty percent; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
　　Article sixty-two in the service sector operators will be set forth in article 49 to article 52 is banned the sale of products for * * * * * *, shall be ordered to stop the use; Knows or should know the use of products belong to the provisions of this law banned the sale of products, according to the illegal use of products （including products have been used and unused） of the value, the punishment shall be punished in accordance with the provisions of the seller.
　　Article sixty-three the concealing, transferring, selling, damaged by the product quality supervision department or the administrative department for industry and commerce seal up, distrain articles, by hiding, transferring, selling, damaged goods value equivalent of more than three times the fine; With all its illegal incomes, and confiscate the illegal income.
　　Article sixty-four in violation of the provisions of this law, shall bear civil liability to pay compensation and pay a fine, fine, its property is insufficient to pay at the same time, bear civil liability to pay compensation first.
　　Article sixty-five the peoples governments at all levels staff and other staff members of state organs in any of the following circumstances, be given administrative sanctions according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law:
　　（a） shield, indulgence products production and sales in the behavior of violation of the provisions of this law;
　　（2） to engage in violation of the provisions of the production, sales activities of party informant, help them escape punishment.
　　Interfering, （3） product quality supervision department or the administrative department for industry and commerce in accordance with the law of product production, sales in violation of the provisions of this law to investigate, thereby causing serious consequences.
　　Article sixty-six the product quality supervision department in excess of the prescribed in the product quality supervision and spot check for the number of samples to be checked or inspection fee, by the superior product quality supervision department or the supervisory organ shall order the return; If the circumstances are serious, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law.
　　Article sixty-seven product quality supervision department or other state organs in violation of the provisions of article 25, recommend producers of products or to the society to supervise, inspect pin in the activities of product management, by its superior organ or the supervisory organ shall be ordered to correct, eliminate the influence, have the illegal income shall be confiscated; If the circumstances are serious, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law.
　　Product quality inspection institutions of the illegal ACTS listed in the preceding paragraph, the product quality supervision department shall be ordered to correct, eliminate the influence of illegal income shall be confiscated and a fine may concurrently be fined a times the illegal income; If the circumstances are serious, cancel the qualification of quality inspection.
　　Article sixty-eight the product quality supervision department or the administrative department for industry and commerce of the personnel who abuse their power, neglect their duties, practice favoritism, constitutes a crime, shall be investigated for criminal responsibility according to law; Does not yet constitute a crime, be given administrative sanctions according to law.
　　Article sixty-nine to violence or threat obstructs a product quality supervision department or the administrative department for industry and commerce of staff carrying out their duties according to law, shall be investigated for criminal responsibility according to law; Refuse or obstruct the unused violence, threat, by the public security organs shall be punished in accordance with the provisions of the regulations on administrative penalties for public security.
　　Article seventy the provisions of this law revoked the business license of the administrative penalty is determined by the administrative department for industry and commerce, article 49 to article 57 of this law, the provisions of article 60 through sixty-three of the administrative punishment the product quality supervision department or the administrative department for industry and commerce in accordance with the regulations of the state council determine the scope of their functions and powers. The laws and administrative regulations on the exercise of administrative power of authority has other provisions, in accordance with the provisions of relevant laws and administrative regulations.
　　In accordance with the provisions of article seventy-one of the confiscation of products, in accordance with the relevant provisions of the state of destroyed or disposed of by other means.
　　Article seventy-two the provisions of article 49 to article 54, article sixty-two and article sixty-three of the specified value in the illegal production, sales, product price calculation; There is no price tag, calculated according to the market price of similar products.
　　The sixth chapter is attached
　　Article seventy-three the military measures for supervision and control over product quality shall be separately formulated by the state council and the central military commission. Because of nuclear facilities, nuclear damage compensation liability, otherwise stipulated by laws, administrative regulations, in accordance with its rules.
　　Article seventy-four this law shall come into force as of September 1, 1993.