Measures for Punishments against Infringements on Consumer Rights and Interests (Revised in 2020)

Measures for Punishments against Infringements on Consumer Rights and Interests (Revised in 2020)

Order of the State Administration for Market Regulation No.31

October 23, 2020

(Promulgated by the Order of the State Administration for Industry and Commerce No.73 on January 5, 2015; revised according to the Order of the State Administration for Market Regulation No.31 on October 23, 2020)

Article 1 With a view to stopping infringements upon consumer rights and interests in accordance with the law, protecting the legitimate rights and interests of consumers and maintaining the social and economic order, the Measures for Punishments against Infringements on Consumer Rights and Interests (hereinafter referred to as the "Measures") are formulated pursuant to the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the "Law on the Protection of Consumer Rights and Interests") and other relevant laws and regulations.

Article 2 Administrations for market regulation shall, in accordance with the provisions of the Law on the Protection of Consumer Rights and Interests, other relevant laws and regulations, and the Measures, protect the rights and interests of consumers when they purchase and use goods or receive services for daily consumption needs, and mete out administrative penalties against activities committed by business operators that infringe upon consumer rights and interests.

Article 3 Administrations for market regulation shall mete out administrative penalties against activities that infringe upon consumer rights and interests in accordance with the law and in a fair, open and timely manner, adhere to the principle of combining penalty with education, and make integrated use of suggestions, interviews, demonstrations or otherwise to provide administrative guidance so as to supervise and guide business operators' performance of their statutory obligations.

Article 4 To provide consumers with goods or services, business operators shall follow the principles of voluntariness, equality, fairness and good faith, fulfill their obligations in accordance with the provisions of the Law on the Protection of Consumer Rights and Interests and other relevant laws and regulations as well as agreements reached by business operators and consumers, and refrain from infringing upon the legitimate rights and interests of consumers.

Article 5 A business operator providing goods or services shall not fall under any of the following circumstances:
1. where the goods sold or services provided by the business operator fail to meet the requirements for protecting the personal and property safety;
2. where the business operator sells ineffective or deteriorated goods;
3. where the business operator sells goods that falsify the origins, forge or fraudulently use the factory names or addresses of others and tamper with the dates of production;
4. where the business operator sells goods that forge or fraudulently use certification marks and other quality marks;
5. where the goods sold or services provided by the business operator infringe upon others' exclusive rights to use registered trademarks;
6. where the business operator sells goods that forge or fraudulently use the specific names, packaging and trade dress of well-known commodities;
7. where the business operator produces adulterated products, and passes off fake products as genuine ones, shoddy products as quality ones, and sub-standard products as qualified ones;
8.
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