Product Quality Law of the People's Republic of China
Product Quality Law of the People's Republic of China
Product Quality Law of the People's Republic of China
Order of the President of the People's Republic of China [1993] No.71
February 22, 1993
(Adopted at the 30th Session of the Standing Committee of the Seventh National People's Congress on February 22, 1993, and promulgated by the Order of the President of the People's Republic of China with effect as of September 1, 1993)
Chapter I General Provisions
Article 1 The law has been formulated with a view to protecting the legitimate rights and interests of endusers and consumers and safeguarding the social and economic order by strengthening the supervision and control of the quality of products and clarifying the responsibilities of product quality.
Article 2 The law applies to all production and marketing activities within the territory of the People's Republic of China.
Products mentioned in the law are referred to products processed and manufactured for the purpose of marketing.
The law does not apply to construction projects.
Article 3 Producers and sellers are responsible for the product quality according to the provisions of the law.
Article 4 It is forbidden to forge or infringe upon quality marks such as certification marks and marks for fine quality products; it is forbidden to forge the place of origin, forge or infringe upon the factory names, factory addresses; it is forbidden to produce or market adulterated products or to use fake goods as genuine or sub-standard products as standard.
Article 5 The State encourages the use of scientific quality control methods and adoption of advanced science and technology by enterprises to make their products surpass the standards set by the various trades, the State standards and even international standards in their product quality and awards units and individuals who have made outstanding achievements in quality control and in bringing the product quality up to the advanced international levels.
Article 6 The product quality supervision and control departments of the State Council are responsible for the supervision and control of the quality of products with each department to be responsible for the products within its scope of control.
The product quality supervision departments of the local governments at and above the county level are responsible for the supervision and control of product quality within their jurisdiction with each department concerned to be responsible for the products within its scope of control.
Chapter II Supervision and Control of Product Quality
Article 7 Quality of products shall pass standard examinations and no sub-standard products shall be used as standard ones.
Article 8 Industrial products which may be hazardous to the health of the people and the safety of lives and property shall conform to the State and trade standards for ensuring the health of the human body and safety of lives and property. In absence of such State or trade standards, the products shall conform to the minimum requirements for ensuring the health of the human body and the safety of lives and property.
Article 9 The State shall institute the system for certifying quality control system of enterprises according to the quality control standards commonly accepted internationally. Enterprises may apply voluntarily for certification of their quality control systems with the product quality supervision and control departments under the State Council or quality certification organizations recognized by the departments authorized by the quality supervision and control departments under the State Council. The qualified enterprises shall be issued with the certificates for the quality control systems.
The State shall institute the system for certifying the product quality in reference to the internationally advanced product quality standards and technical requirements. Enterprises may apply voluntarily for certification of the quality of their products with the product quality supervision and control departments under the State Council or quality certification organizations recognized by the departments authorized by the quality supervision and control departments under the State Council. The qualified enterprises shall be issued with the certificates for product quality and are allowed to use quality certification marks on the products or on the packages of their products.
Article 10 The State shall institute a system of supervision and chiefly random examination to check randomly samples of major industrial products which may be hazardous to the health of the human body and the safety of lives and property, important products which have a major impact on the national economy and the livelihood of the people, and products claimed by endusers, consumers or other relevant organizations as having quality problems.
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