The General Administration of Market Regulation has issued the Interim Measures for the Administration of Product Quality Supervision and Sampling, which will come into effect on January 1, 2020

2019-11-27 09:09:06

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Decree of the State Administration for Market Regulation

No. 18

The "Interim Measures for the Administration of Product Quality Supervision and Random Inspections" was deliberated and adopted by the State Administration for Market Regulation at its 14th meeting in 2019 on November 8, 2019, and is hereby promulgated to take effect on January 1, 2020.

Director: Xiao Yaqing

November 21, 2019

Interim Measures for the Supervision and Random Inspection Management of Product Quality

(Decree No. 18 of the State Administration for Market Regulation on November 21, 2019)

Chapter I. General Provisions

Article 1 These Measures are formulated in accordance with the "Product Quality Law of the People's Republic of China" and the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" and other laws and administrative regulations in order to strengthen product quality supervision and management, standardize product quality supervision and random inspections, and protect the legitimate rights and interests of consumers.

Article 2 These Measures shall apply to the supervision and random inspection of products produced and sold by the market supervision and administration departments within their respective administrative regions.

Where laws, administrative regulations, and departmental rules have other provisions on product quality supervision and spot checks, follow those provisions.

Article 3: "Supervision and random inspection" as used in these Measures refers to activities in which the market supervision and management departments lawfully organize sampling, inspection, and handling of products produced and sold within the territory of the People's Republic of China for the purpose of supervising product quality.

Article 4: Oversight and random inspections are divided into state oversight and random inspections organized by the State Administration for Market Regulation and local oversight and random inspections organized by local market regulation departments at the county level or above.

Article 5: The State Administration for Market Regulation is responsible for the overall management, guidance, and coordination of national oversight and spot checks, organizing and implementing state oversight and spot checks, and summarizing and analyzing information on national oversight and spot checks.

Provincial-level departments for market regulation are responsible for uniformly managing local supervision and spot checks within their respective administrative regions, organizing and implementing supervision and spot checks at that level, and summarizing and analyzing information on supervision and spot checks in their respective administrative regions.

The municipal and county-level departments for market regulation are responsible for organizing and implementing supervision and spot checks at that level, summarizing and analyzing information on oversight and spot checks in their respective administrative regions, cooperating with higher-level departments for market regulation to carry out sampling work within their respective administrative regions, and undertaking the handling of the results of supervision and spot checks.

Article 6 The costs of extracting, purchasing, transporting, inspecting, disposing of and reviewing samples required for supervision and random inspection shall be included in the budget of the government at the same level in accordance with the relevant provisions of the State.

Article 7 Producers and sellers shall cooperate with the supervision and random inspection, truthfully provide the materials and information required for the supervision and random inspection, and shall not obstruct or refuse the supervision and random inspection in any way.

Article 8: The same market regulation department must not conduct more than two supervision and spot checks on products of the same trademark or the same specification and model produced by the same producer in accordance with the same standards (hereinafter referred to as the same product) within six months.

Where the sampled producer or seller can prove that the same product has been supervised and spot-checked by the higher-level market regulation department within six months at the time of sampling, the lower-level market regulation department must not repeat the spot check.

The provisions of the preceding two paragraphs do not apply to the follow-up spot checks of substandard products found in supervision and spot checks and the supervision and spot checks carried out in response to emergencies.

Article 9: Supervision and random inspections shall be carried out in a system of separation of random inspections. In addition to on-site inspection, sampling personnel shall not undertake the inspection of their sampled products.

Article 10: The market oversight and management departments that organize oversight and random inspections shall disclose the results of oversight and random inspections in accordance with the relevant provisions of laws and administrative regulations.

Without the consent of the market supervision and administration department that organized the supervision and random inspection, no unit or individual may disclose the results of the supervision and random inspection without authorization.

Chapter II: Supervise the organization of spot checks

Article 11: The State Administration for Market Regulation is responsible for drafting an annual plan for state oversight and spot checks, and notifying the provincial-level departments for market regulation.

The local market regulation department at the county level or above is responsible for formulating an annual plan for supervision and spot checks at that level, and submitting it to the market regulation department at the level above for filing.

Article 12: The market supervision and administration departments that organize supervision and random inspections shall, in accordance with the annual plan for supervision and random inspections at the corresponding level, formulate supervision and random inspection plans and detailed implementation rules for supervision and random inspections.

The supervision and random inspection plan shall include the scope of the random inspection products, the division of labor, the schedule requirements, etc. The detailed implementation rules for supervision and spot checks shall include content such as sampling methods, inspection items, inspection methods, and judgment rules.

The detailed rules for the implementation of oversight and spot checks shall be disclosed to the public before sampling.

Article 13: The market supervision and administration departments that organize supervision and random inspections shall, in accordance with relevant requirements such as government procurement, designate sampling institutions and inspection bodies to undertake supervision and random inspections, and sign an entrustment agreement to clarify the rights, obligations, and liability for breach of contract.

Where laws and administrative regulations have provisions on the qualifications of sampling institutions and inspection bodies, institutions with statutory qualifications shall be entrusted.

Article 14 Sampling institutions and inspection institutions shall carry out sampling and inspection work within the scope of entrustment to ensure the objectivity, fairness and authenticity of the sampling and inspection work and their results.

Sampling institutions and inspection bodies shall not engage in the following acts:

(1) Before carrying out sampling, inform the sampled producers and sellers of the relevant content of the supervision and random inspection plan in any way;

(2) Subcontracting inspection tasks or subcontracting inspection tasks without the consent of the market supervision and management department that organizes supervision and spot checks;

(3) Issuing false inspection reports;

(4) During the period of undertaking supervision and random inspection, sign a paid service agreement with the sampled producer or seller for supervision and random inspection of similar products, or accept the entrusted inspection of the same product by the sampled producer or seller;

(5) Use the results of supervision and random inspection to carry out product recommendations and evaluations, and issue certificates and plaques for supervision and random inspection of products;

(6) Taking advantage of the facilitation of undertaking work related to oversight and spot checks to seek illegal or improper benefits;

(7) Violating the provisions by charging sampled producers and sellers fees related to sampling, inspection, and other matters related to supervision and spot checks.

Chapter III Sampling

Section 1 On-site sampling

Article 15: The departments for market regulation shall conduct sampling on their own or entrust sampling establishments to conduct sampling, and follow relevant provisions to randomly select the sampled producers and sellers, and randomly select and dispatch sampling personnel.

Sampling personnel shall be familiar with relevant laws, administrative regulations, departmental rules, standards, and other provisions.

Article 16: There shall be no less than two sampling personnel, and the sampled producers and sellers shall present the notice of supervision and random inspection issued by the market supervision and management department that organized the supervision and random inspection, and the identity certificate of the sampling personnel. Where sampling institutions carry out sampling tasks, they shall also present a copy of the power of attorney issued by the market supervision and administration department that organized the supervision and random inspection.

The sampling personnel shall inform the sampled producers and sellers of the scope of products to be sampled, sampling methods, etc.

Article 17 Samples shall be randomly selected by the sampling personnel from the products to be sold by the sampled producers and sellers, and shall not be sampled by the sampled producers or sellers themselves.

Where sampling personnel discover that the sampled producer or seller is suspected of having circumstances that can be judged to be illegal without a license, such as unlicensed or unlicensed, they shall terminate the sampling and immediately report to the market regulation department that organized the supervision and random inspection, and at the same time report to the county-level market regulation department where the sampled producer or seller is suspected of violating the law.

Article 18: In any of the following circumstances, sampling personnel must not take samples:

(1) The quantity of products to be sold does not meet the requirements of the implementation rules for supervision and random inspection;

(2) There is sufficient evidence that the products to be sampled are not used for sale, or are only used for export, and the export contract stipulates otherwise on product quality;

(3) The product or its packaging is marked with the words "trial production", "processing", "sample", etc.

Article 19: Sampling personnel shall conduct sampling in accordance with the sampling methods provided for in the detailed rules for the implementation of supervision and spot checks.

Sampling personnel shall use the prescribed sampling documents to record the sampling information, and retain evidence by taking photographs or videos of the sampling site, storage environment, identification of the sampled products, inventory quantity, sampling process, and so forth.

The sampling document shall be signed by the sampling personnel and the sampled producer and seller. Where the sampled producer or seller refuses to sign, the sampling personnel shall note the circumstances on the sampling document, and when necessary, may invite relevant personnel to serve as witnesses.

Where the sampling documents truly need to be corrected or supplemented, the sampled producer or seller shall confirm it by means such as signature or seal at the correction or supplement.

Article 20: Where sampling is not possible due to reasons such as the change of production or suspension of business of the sampled producer or seller, the sampling personnel shall truthfully record it and report it to the market supervision and management department that organized the supervision and random inspection.

Article 21: Where the sampled producers or sellers obstruct, refuse, or do not cooperate with the sampling by means such as obviously unreasonable sample prices, the sampling personnel shall truthfully record and immediately report to the market regulation department that organized the supervision and random inspection, and at the same time report to the county-level market regulation department where the sampled producer or seller is located.

Article 22 Samples are divided into test samples and standby samples.

Except for those that are not tested by destructive tests and will not have a substantial impact on the quality of the samples, the sampling personnel shall purchase test samples. The price of purchasing inspection samples is subject to the price of the products produced and sold; If there is no marked price, the market price of similar products shall prevail.

Spare samples shall be provided free of charge by the sampled producers and sellers in advance.

Where laws, administrative regulations, or departmental rules have other provisions on the method of obtaining samples, follow those provisions.

Article 23 The sampling personnel shall take effective anti-tampering measures, seal the samples for inspection and spare samples separately, and have the sampling personnel and the sampled producer and seller sign and confirm.

Article 24 The samples shall be carried or sent to the inspection agency by the sampling personnel for inspection. For fragile goods, hazardous chemicals and other samples that have special requirements for the transportation and storage process, effective measures shall be taken to ensure that the transportation and storage process of the samples complies with the relevant national regulations and does not affect the inspection conclusions.

Where the samples need to be stored at the sampled producer or seller in advance, they shall be sealed and sealed with a seal mark. The sampled producer or seller shall properly keep the sealed samples, and shall not conceal, transfer, sell, or destroy them.

Section 2: Network sampling

Article 25: When the departments for market regulation conduct samples of products sold by e-commerce operators produced by producers in that administrative region and products sold by e-commerce operators within that administrative region, they may purchase samples in the name of consumers.

Article 26: Where the departments for market regulation conduct online sampling, they shall record information such as the sampling personnel, as well as the payment account, registered account number, delivery address, and contact information. The sampling personnel shall record the information of the sampled sellers, the information displayed on the sample web page, as well as the order information, payment records, and so forth, through screenshots, photographs, or video recordings.

Article 27: The samples purchased by sampling personnel shall include test samples and spare samples.

Article 28 After receiving the sample, the sampling personnel shall record the unpacking process by taking photos or videos, inspect the delivery package, sample packaging, sample identification, sample delivery, etc., seal the samples for inspection and spare samples separately, and carry or send the test samples and spare samples to the inspection agency for inspection.

The sampling personnel shall fill in the sampling documents according to the sample situation. After the sampling documents are signed by the sampling personnel and stamped with the official seal of the sampling unit, they shall be sent to the sampled sellers together with the notice of supervision and random inspection. Where a sampling institution performs the task of buying samples, it shall also send a copy of the power of attorney issued by the market supervision and administration department that organized the supervision and random inspection.

Chapter IV Inspection

Article 29 After receiving the sample, the inspector shall check whether the appearance, status, seal of the recorded sample is damaged or other circumstances that may affect the inspection conclusion by taking photos or videos, and check whether the sample is consistent with the record of the sampling document.

For samples that are not standardized, the inspectors shall refuse to accept them and explain the reasons in writing, and at the same time report to the market supervision and administration department that organizes the supervision and random inspection.

For the test samples and spare samples sampled by the network, they shall be separately labeled and stored in accordance with the relevant requirements.

Article 30 If the sampled products are subject to production license, compulsory product certification, etc., the inspectors shall verify whether the producer of the sample meets the corresponding requirements before inspection.

If the inspectors discover that the producer of the sample is suspected of violating the law without a license or license, or other circumstances that can be determined to be illegal without inspection, they shall terminate the inspection and immediately report to the market supervision and administration department that organized the supervision and random inspection, and at the same time report to the county-level market supervision and administration department where the producer of the suspected illegal sample is located.

Article 31 The inspectors shall conduct inspections in accordance with the inspection items, inspection methods, and judgment rules stipulated in the implementation rules for supervision and random inspection.

If it is found that the inspection cannot be carried out due to sample failure or other reasons, the inspector shall truthfully record it, provide relevant supporting materials, and submit it to the market supervision and management department that organizes supervision and random inspections.

Article 32 The inspection report issued by the inspection agency shall be true and complete, the data shall be accurate, the conclusion shall be clear, and it shall be signed and sealed in accordance with the relevant regulations.

Inspection institutions and inspectors shall be responsible for the inspection reports issued by them.

Article 33 The inspection agency shall, within the prescribed time, submit the inspection report and relevant materials to the market supervision and administration department that organizes supervision and random inspection.

Article 34: If the inspection conclusion is qualified and the samples are provided free of charge, the market supervision and administration department that organized the supervision and random inspection shall promptly return them after the expiration of the time limit for filing an objection handling application.

For samples other than those provided for in the preceding paragraph, the market regulation departments that organize oversight and random inspections shall handle them in accordance with relevant provisions after the expiration of the time limit for submitting objections and handling applications.

Chapter V: Handling of Objections

Article 35: The market supervision and administration departments that organize supervision and random inspections shall promptly inform the sampled producers and sellers in writing of the inspection conclusions, and at the same time inform them of the rights they enjoy in accordance with law.

If the sample is taken at the seller's site, the market supervision and management department that organizes the supervision and random inspection shall also inform the producer of the sample nominal.

Where samples are purchased through online sampling, the e-commerce platform operator and the producer of the samples shall also be notified in writing at the same time.

Article 36 If the sampled producer or seller has any objection, it shall submit a written objection handling application to the market supervision and administration department that organized the supervision and random inspection within 15 days from the date of receipt of the written notification of the inspection conclusion, and submit relevant materials.

Article 37: Where the sampled producer or seller has objections to the sampling process, the authenticity of the samples, and so forth, the market regulation department that receives the application for handling objections shall organize the handling of objections and inform the applicant in writing of the handling conclusions.

If the sampled producer or seller has objections to the inspection conclusion and submits a written application for re-inspection and explains the reasons, the market supervision and administration department that receives the objection handling application shall organize a study. For those who need to be re-inspected and have the conditions for inspection, a re-inspection shall be organized.

Except for those that do not conduct inspections in the form of destructive tests and do not have a substantial impact on the quality of the samples, the market supervision and administration department that organizes the re-inspection shall pay the sampled producers and sellers the cost of spare samples.

Article 38: Applicants shall complete the re-inspection formalities within 7 days of receiving the notice of re-inspection from the market regulation departments. If it is not handled within the time limit, it will be deemed to have given up the re-inspection.

Article 39: The market regulation department shall, within 10 days from the date on which the applicant completes the re-inspection formalities, designate an inspection institution with corresponding qualifications to conduct the re-inspection.

The re-inspection body and the initial inspection body must not be the same institution, except where only one inspection body has the corresponding qualifications within the administrative area of the market regulation department at or above the provincial level that organizes supervision and random inspections, or within the jurisdiction of the province where the municipal or county-level market regulation department is located.

Article 40: Where the sampled producer or seller conceals, transfers, sells, or damages the spare samples, the re-inspection shall be terminated, and the conclusion of the initial inspection shall be the final conclusion.

Article 41 The re-inspection agency shall check whether the appearance, status, seal of the record standby sample is damaged or other circumstances that may affect the inspection conclusion by taking photos or videos, and check whether the standby sample is consistent with the record of the sampling document.

Article 42 The re-inspection institution shall, within the prescribed time, conduct a re-inspection of the inspection items related to the objection in accordance with the inspection methods and judgment rules provided for in the detailed rules for the implementation of supervision and random inspection, and promptly submit the re-inspection conclusion to the market supervision and administration department that organized the re-inspection, and the market supervision and administration department that organized the re-inspection shall inform the re-inspection applicant in writing. The conclusion of the review is final.

Article 43 The re-examination fee shall be paid by the applicant to the re-inspection agency in advance. If the conclusion of the re-examination is consistent with the conclusion of the initial inspection, the re-inspection fee shall be borne by the applicant; If it is inconsistent with the conclusion of the initial inspection, the cost of the re-inspection shall be borne by the market supervision and management department that organized the supervision and random inspection.

Chapter VI Handling of Results

Article 44: The market regulation departments that organize oversight and random inspections shall summarize and analyze the results of oversight and random inspections in accordance with law, and report the situation of supervision and random inspections to the local people's government, the market regulation department at the level above, and the relevant departments at the same level.

Where the market supervision and administration department that organizes local supervision and random inspections discovers that the substandard products are produced by producers outside the administrative region, they shall promptly notify the market regulation department at the same level where the producer is located.

Article 45 For products that are found to be unqualified in the inspection, the sampled producer and seller shall immediately stop producing and selling the same product.

Article 46: The market regulation department responsible for handling the results shall order the sampled producers and sellers of substandard products to make corrections within 60 days from the date of the order.

Article 47: The market regulation department responsible for handling the results shall organize a review in accordance with the detailed implementation rules for supervision and random inspections within 75 days of the date of the order.

Where the sampled producers and sellers fail to pass the re-examination, the market regulation department responsible for handling the results shall report to the provincial-level market regulation department step by step, and they are to make an announcement to the public.

Article 48 The market supervision and administration department responsible for handling the results shall organize a review of the sampled producers and sellers before 60 days after 90 days from the date of the announcement, and if they still fail to meet the requirements after the review, they shall be ordered to suspend business and rectify within a time limit in accordance with Article 17 of the Product Quality Law of the People's Republic of China; If the rectification period is still unqualified after the completion of the rectification period, the business license shall be revoked.

Article 49 The samples required for the review shall be provided free of charge by the sampled producers and sellers.

Except for the samples required for the review, the sampled producer or seller shall not resume production or sale of the same product until the market supervision and administration department responsible for the processing of the results has determined that the review is qualified.

Article 50: Where supervision and random inspections find that there are regional or industrial quality problems in products, the market supervision and administration department may, in conjunction with other relevant departments and industry organizations, convene a quality analysis meeting to guide the producers and sellers of relevant products to strengthen quality management.

Chapter VII: Legal Responsibility

Article 51: In any of the following circumstances, the county-level departments for market regulation are to handle it in accordance with relevant laws and administrative regulations; where laws and administrative regulations do not provide for it, a fine of up to 30,000 yuan is to be given; Where it is suspected of constituting a crime and it is necessary to pursue criminal responsibility in accordance with law, it shall be transferred to the public security organs in accordance with relevant provisions:

(1) The sampled products have serious quality problems;

(2) Obstructing, refusing, or not cooperating with lawful oversight and spot checks;

(3) Resuming production or sale of the same product without being found to be qualified by the market regulation department responsible for handling the results;

(4) Concealing, transferring, selling, or destroying samples.

Article 52: Where sampling establishments, inspection bodies, and their staffs violate the provisions of paragraph 2 of Article 9 and Article 14 of these Measures, the county-level departments for market regulation are to handle it in accordance with relevant laws and administrative regulations; where laws and administrative regulations do not provide for it, a fine of up to 30,000 yuan is to be given; Where it is suspected of constituting a crime and it is necessary to pursue criminal responsibility in accordance with law, it is to be transferred to the public security organs in accordance with relevant provisions.

Article 53: Where staff of the departments for market regulation abuse their authority, derelict their duties, or twist the law for personal gain, the directly responsible managers and other directly responsible personnel are to be given administrative sanctions in accordance with law.

Chapter VIII: Supplementary Provisions

Article 54: The departments for market regulation shall properly store sampling documents and other relevant materials and evidence, and the retention period must not be less than two years.

Article 55 The term "day" in these Measures refers to the Gregorian calendar day. Where the last day of the period is a statutory holiday, the day after the statutory holiday is the date on which the period expires.

Article 56: These Measures take effect on January 1, 2020. On December 29, 2010, the former General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China promulgated the "Measures for the Administration of Product Quality Supervision and Random Inspection" promulgated by Order No. 133, February 14, 2014, the former State Administration for Industry and Commerce Order No. 61 promulgated the "Measures for the Random Inspection and Inspection of Commodity Quality in the Circulation Field", and the "Measures for the Supervision and Administration of Commodity Quality in the Circulation Field" promulgated by the former State Administration for Industry and Commerce Order No. 85 on March 17, 2016 shall be repealed at the same time.

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The General Administration of Market Regulation has issued the Interim Measures for the Administration of Product Quality Supervision and Sampling, which will come into effect on January 1, 2020