legal ground
Article 1 These Regulations are formulated in accordance with the Standardization Law of the People's Republic of China (hereinafter referred to as the Standardization Law).
Article 2 Standards shall be formulated for the following technical requirements that need to be unified:
(a) the varieties, specifications, quality, grade or safety and hygiene requirements of industrial products;
(2) Methods of design, production, testing, inspection, packaging, storage, transportation and use of industrial products or safety and hygiene requirements in the process of production, storage and transportation;
(3) Various technical requirements and inspection methods related to environmental protection;
(4) Technical requirements and methods for survey, design, construction and acceptance of construction projects;
(five) technical terms, symbols, codes, drawing methods, exchange and cooperation requirements related to industrial production, engineering construction and environmental protection;
(6) The requirements for varieties, specifications, quality, grades, inspection, packaging, storage, transportation, production technology and management technology of agricultural products (including seeds, seedlings, breeding livestock and poultry, the same below);
(seven) the technical requirements of information, energy, resources and transportation.
Article 3 The State shall develop standardization in a planned way. Standardization work should be incorporated into national economic and social development plans at all levels.
Article 4 The State encourages the adoption of international standards and advanced foreign standards, and actively participates in the formulation of international standards.
Chapter II Management of Standardization Work
Article 5 The tasks of standardization work are to formulate standards, organize their implementation and supervise their implementation.
Article 6 The administrative department in charge of standardization in the State Council shall uniformly manage the national standardization work and perform the following duties:
(a) to organize and implement the laws, regulations, guidelines and policies of the state on standardization;
(two) to organize the formulation of the national standardization work plan;
(3) Organizing the formulation of national standards;
(four) to guide the standardization work of the relevant administrative departments in the State Council and the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and to coordinate and deal with the problems related to standardization work;
(5) Organizing the implementation of standards;
(six) to supervise and inspect the implementation of the standards;
(seven) unified management of national product quality certification;
(eight) to be responsible for the business contact with the relevant international standardization organizations.
Article 7 The relevant administrative departments in the State Council shall manage the standardization work of their own departments and industries in a division of labor, and perform the following duties:
(a) to implement the laws, regulations, principles and policies of the national standardization work, and to formulate specific measures for implementation in this department and industry;
(two) to formulate the standardization work plan of the department and the industry;
(three) to undertake the task of drafting national standards assigned by the state and organize the formulation of industry standards;
(four) to guide the standardization work of the relevant administrative departments of provinces, autonomous regions and municipalities directly under the central government;
(5) Organizing the departments and industries to implement standards;
(six) to supervise and inspect the implementation of standards;
(seven) authorized by the administrative department of standardization of the State Council, the division of labor management of product quality certification in this industry.
Article 8 The standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall uniformly manage the standardization work in their respective administrative areas and perform the following duties:
(a) to implement the laws, regulations, principles and policies of the national standardization work, and to formulate specific measures for implementation in this administrative region;
(two) to formulate local standardization work plans and plans;
(3) Organizing the formulation of local standards;
(four) to guide the standardization work of the relevant administrative departments in this administrative region, and to coordinate and deal with the problems related to standardization work;
(five) to organize the implementation of standards in the administrative region;
(six) to supervise and inspect the implementation of standards.
Article 9 The relevant administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall manage the standardization work of their own departments and industries within their respective administrative areas and perform the following duties:
(a) to implement the laws, regulations, guidelines and policies of the state and its departments, industries and administrative regions in standardization work, and to formulate specific measures for implementation;
(two) to formulate the standardization work plans and plans of the departments and industries within their respective administrative areas;
(3) To undertake the task of drafting local standards assigned by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government;
(4) Organizing their own departments and industries to implement standards within their respective administrative areas;
(five) to supervise and inspect the implementation of standards.
Article 10 The division of responsibilities between the municipal and county standardization administrative departments and the relevant administrative departments shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Chapter III Formulation of Standards
Eleventh national standards (including the production of standard samples) shall be formulated for the following technical requirements that need to be unified nationwide:
(1) Interchangeability and common technical language requirements;
(2) Technical requirements for safeguarding human health and personal and property safety;
(3) Technical requirements for basic raw materials, fuels and materials;
(four) the technical requirements of common basic parts;
(5) General test and inspection methods;
(6) General management technical requirements;
(seven) the important technical requirements of the project construction;
(eight) the technical requirements of other important products that the state needs to control.
Twelfth national standards by the the State Council municipal administrative department of standardization planning, drafting, unified examination and approval, numbering, release.
National standards for engineering construction, medicines, food hygiene, veterinary drugs and environmental protection shall be drafted and approved by the competent departments of engineering construction, health, agriculture and environmental protection in the State Council respectively; The numbering and promulgation methods shall be formulated by the standardization administrative department of the State Council in conjunction with the relevant administrative departments of the State Council.
Where there are other provisions in the law on the formulation of national standards, such provisions shall prevail.
Article 13 For the technical requirements that need to be unified within a certain industry in the country without national standards, industry standards (including the production of standard samples) may be formulated. The projects for formulating industry standards shall be determined by the relevant administrative departments of the State Council.
Fourteenth industry standards by the relevant administrative departments of the State Council city planning, drafting, unified examination and approval, numbering, release, and reported to the standardization administrative department of the State Council for the record.
Industry standards shall be abolished automatically after the implementation of corresponding national standards.
Article 15 Local standards may be formulated for the safety and hygiene requirements of industrial products that need to be unified within the provinces, autonomous regions and municipalities directly under the Central Government without national and industrial standards. The items for formulating local standards shall be determined by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 16 Local standards shall be formulated by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, organized for drafting, uniformly examined and approved, numbered and promulgated, and reported to the standardization administrative departments of the State Council and the relevant administrative departments of the State Council for the record.
Where there are other provisions in the law on the formulation of local standards, such provisions shall prevail.
Local standards shall be automatically abolished after the implementation of corresponding national standards or industry standards.
Article 17 Where there are no national standards, industrial standards and local standards for products produced by enterprises, corresponding enterprise standards shall be formulated as the basis for organizing production. Enterprise standards shall be formulated by enterprise organizations (the measures for the formulation of agricultural enterprise standards shall be formulated separately), and shall be filed according to the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
For existing national standards, industry standards or local standards, enterprises are encouraged to formulate enterprise standards that are stricter than those required by national standards, industry standards or local standards and apply them within enterprises.
Eighteenth national standards and industry standards are divided into mandatory standards and recommended standards.
The following standards are mandatory:
(1) Drug standards, food hygiene standards and veterinary drug standards;
(2) Safety and hygiene standards, labor safety and hygiene standards and transportation safety standards for products and products in production, storage, transportation and use;
(three) the quality, safety and hygiene standards of engineering construction and other engineering construction standards that the state needs to control;
(4) Pollutant discharge standards and environmental quality standards for environmental protection;
(5) Important general technical terms, symbols, codes and drawing methods;
(6) General test and inspection method standards;
(7) standards for exchange and cooperation;
(eight) the important product quality standards that the state needs to control.
The catalogue of important products that the state needs to control shall be determined by the standardization administrative department of the State Council in conjunction with the relevant administrative departments of the State Council.
Standards other than mandatory standards are recommended standards.
The local standards for the safety and hygiene requirements of industrial products formulated by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are mandatory standards within their respective administrative areas.
Article 19 The role of trade associations, scientific and technological research institutions and academic groups shall be brought into play when formulating standards.
Departments that formulate national standards, industrial standards and local standards shall organize experts from users, production units, trade associations, scientific and technological research institutions, academic organizations and relevant departments to form standardization technical committees, which shall be responsible for drafting standards and participating in the technical review of draft standards. If the standardization technical committee is not formed, the standardization technical centralized unit may be responsible for drafting standards and participating in the technical review of the draft standards.
The formulation of enterprise standards should fully listen to the opinions of users and scientific and technological research institutions.
Article 20 After the standards are implemented, the department that formulates the standards shall conduct a timely review according to the development of science and technology and the needs of economic construction. The standard review period is generally not more than five years.
Twenty-first national standards, industry standards and local standards code, numbering method, unified regulations by the administrative department of standardization in the State Council.
The code and numbering method of enterprise standards shall be formulated by the administrative department of standardization of the State Council in conjunction with the relevant administrative departments of the State Council.
Article 22 Measures for the publication and distribution of standards shall be formulated by the departments that formulate standards.
Chapter IV Implementation and Supervision of Standards
Twenty-third units and individuals engaged in scientific research, production and operation must strictly implement mandatory standards. Products that do not meet the mandatory standards are prohibited from producing, selling and importing.
Article 24 When an enterprise implements national standards, industrial standards, local standards or enterprise standards in production, the code number, serial number and name of the standards to be implemented shall be marked on the products or their manuals and packages.
Article 25 The technical requirements for export products shall be agreed upon by both parties to the contract.
When export products are sold in China, they must meet the requirements of mandatory standards if they fall within the scope of mandatory standards management in China.
Twenty-sixth enterprises to develop new products, improve products, technological transformation, should meet the requirements of standardization.
Twenty-seventh the State Council standardization administrative departments organize or authorize the relevant administrative departments in the State Council to establish industry certification bodies to carry out product quality certification.
Twenty-eighth the State Council standardization administrative departments shall be responsible for the supervision of the implementation of national standards. The relevant administrative departments in the State Council are responsible for the supervision of the implementation of standards in their own departments and industries.
The standardization administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision of the implementation of standards within their respective administrative areas. The relevant administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision of the implementation of standards in their own departments and industries within their respective administrative areas.
City and county standardization administrative departments and relevant administrative departments shall be responsible for the supervision of the implementation of standards within their respective administrative areas in accordance with their respective responsibilities as stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 29 The standardization administrative department of the people's government at or above the county level may, according to needs, set up inspection institutions, or authorize inspection institutions of other units to inspect whether products meet the standards and undertake the supervision and inspection tasks of the implementation of other standards. The establishment of inspection institutions should be rationally arranged and make full use of existing strength.
National inspection institutions shall be planned and reviewed by the standardization administrative department of the State Council in conjunction with the relevant administrative departments of the State Council. Local inspection institutions shall be planned and examined by the standardization administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with relevant provincial administrative departments.
Disputes over whether the products meet the standards shall be handled according to the inspection data of the inspection organization specified in this article.
Thirtieth the State Council, the relevant administrative departments may, according to the needs and the relevant provisions of the state, set up inspection agencies to be responsible for the inspection of their own industries and departments.
Thirty-first state organs, social organizations, enterprises and institutions and all citizens have the right to report and expose violations of compulsory standards.
Thirty-second in violation of the "Standardization Law" and the relevant provisions of these Regulations, under any of the following circumstances, the standardization administrative department or the relevant administrative departments shall, within the scope of their respective functions and powers, order it to make improvements within a time limit, and may informed criticism or give administrative sanctions to those responsible:
(a) the enterprise fails to formulate standards as the basis for organizing production;
(two) the enterprise fails to report the product standards for the record as required;
(three) the products of the enterprise are not marked according to the regulations or are inconsistent with their marks;
(four) the enterprise develops new products, improves products and carries out technical transformation, which does not meet the requirements of standardization;
(five) in violation of the relevant mandatory standards in scientific research, design and production.
Thirty-third products that do not meet the mandatory standards shall be ordered to stop production, and the products shall be confiscated, and the destruction shall be supervised or necessary technical treatment shall be made; Impose a fine of 20% to 50% of the value of this batch of products; Impose a fine of not more than 5,000 yuan on those responsible.
Those who sell goods that do not meet the mandatory standards shall be ordered to stop selling, and the sold goods shall be recovered within a time limit, and the destruction shall be supervised or necessary technical treatment shall be made; Confiscation of illegal income; Impose a fine of 10% to 20% of the value of this batch of goods; Impose a fine of not more than 5,000 yuan on those responsible.
Those who import products that do not meet the mandatory standards shall seal up and confiscate the products, supervise the destruction or make necessary technical treatment; Impose a fine of 20% to 50% of the value of imported products; Administrative sanctions shall be imposed on those responsible, and a fine of not more than 5,000 yuan may be imposed.
The provisions of this article shall be ordered to stop production and administrative sanctions, which shall be decided by the relevant administrative departments; Other administrative penalties shall be decided by the standardization administrative department and the administrative department for industry and commerce according to their functions and powers.
Article 34. If the production, sale or import of products that do not meet the mandatory standards causes serious consequences and constitutes a crime, the judicial organs shall investigate the criminal responsibility of the persons directly responsible according to law.
Thirty-fifth products that have obtained certification certificates do not meet the certification standards and use certification marks for factory sales, and the standardization administrative department shall order them to stop selling and impose a fine of less than twice the illegal income; If the circumstances are serious, the certification department shall revoke its certification certificate.
Thirty-sixth products without certification or unqualified certification and unauthorized use of certification marks for factory sales, the standardization administrative department shall order them to stop selling, impose a fine of less than three times the illegal income, and impose a fine of less than 5,000 yuan on the person in charge of the unit.
Article 37 If a party refuses to accept the punishment of confiscation of products, confiscation of illegal income and fines, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level than the organ that made the decision on punishment; Anyone who refuses to accept the reconsideration decision may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision. The parties may also directly bring a suit in a people's court within 15 days from the date of receiving the notice of punishment. If a party fails to apply for reconsideration or bring a suit in a people's court within the time limit and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Article 38 The penalties stipulated in Articles 32 to 36 of these Regulations shall not exempt the liability for damages to others arising therefrom. Those who have suffered damage have the right to demand compensation from the responsible person. Disputes over the liability for compensation and the amount of compensation may be handled by the relevant administrative departments, and the parties may also directly bring a suit in a people's court.
Thirty-ninth standardization supervision, inspection and management personnel have one of the following acts, shall be given administrative sanctions by the relevant competent departments, which constitute a crime, and shall be investigated for criminal responsibility by judicial organs according to law:
(a) in violation of the provisions of this Ordinance, work mistakes, resulting in losses;
(2) Forging or tampering with inspection data;
(three) favoritism, abuse of power, bribery.
Fortieth all incomes from fines and confiscations shall be turned over to the treasury. The fines imposed on the unit shall be paid from its own funds and shall not be included in the cost. Fines imposed on responsible persons shall not be written off from public funds.
Chapter VI Supplementary Provisions
Article 41 The regulations on the administration of military standardization shall be formulated separately by the State Council and the Central Military Commission.
Forty-second engineering construction standardization management regulations, by the the State Council municipal engineering construction department in accordance with the "Standardization Law" and the relevant provisions of this Ordinance shall be formulated separately, submitted to the State Council for approval before implementation.
Article 43 The State Bureau of Technical Supervision shall be responsible for the interpretation of these Regulations.
Article 44 These Regulations shall come into force as of the date of promulgation.