[China Instrument Network Policy and Regulations] According to the National Product Quality Supervision and Inspection Plan for 2015, single-phase energy meters, cold water meters, membrane gas meters, and heat energy meters will be subject to spot checks.
Recently, in order to supervise the production enterprises to implement the main responsibility of product quality, standardize the follow-up work of product quality supervision and random inspection of substandard product manufacturing enterprises, and enhance the effectiveness of supervision and spot checks, the AQSIQ is based on the “PRC Product Quality Law†and “ "Regulations on Product Quality Supervision, Spot-checking and Management Measures" and other relevant laws, regulations, and regulations, and the "Regulations on the Post-processing Work of Product Quality Supervision, Inspection, and Inspection of Unqualified Product Manufacturing Enterprises." The regulations will come into effect on July 1, 2015.
Chapter I General Provisions Article 1 In order to standardize product quality, the State supervises and inspects the follow-up processing of unqualified product manufacturers, and enhances the effectiveness of supervision and spot checks, based on the "PRC Product Quality Law" and "Administrative Measures on Product Quality Supervision and Spot Checking", etc. The relevant laws, regulations, and regulations establish these regulations.
Article 2 These provisions shall apply to the follow-up work of the national product quality supervision and inspection (hereinafter referred to as "national pumping") organized by the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ).
Article 3 The post-processing (hereinafter referred to as "national treatment after processing") of the product quality supervision and inspection of the substandard product manufacturing enterprises referred to in these Regulations means that the quality and technical supervision department shall notify and order the production enterprises of substandard products in accordance with the results of the national pumping. The activities of administrative measures such as rectification, review, announcement, administrative punishment, transfer, etc.
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for supervising and supervising the handling of post-processing by the State. The provincial-level quality and technical supervision department is responsible for organizing or entrusting the sub-provincial quality and technical supervision departments to organize the implementation of the national pumping post-processing work of the production enterprises in the administrative area. The provincial quality and technical supervision department is responsible for supervising and administering the commissioned state processing after processing, and submits the work situation to the AQSIQ as required. The subordinate provincial quality and technical supervision departments shall be responsible for the implementation of relevant work after the pumping process in accordance with the requirements of the superior quality and technical supervision department.
Article 5 The post-acquisition processing shall be carried out in accordance with the law. If any administrative punishment is involved, it shall comply with the relevant provisions of the laws and regulations and the administrative and penalties procedures for quality and technical supervision.
Chapter II Work Contents and Procedures Article 6 The provincial quality and technical supervision department shall organize and carry out post-national pumping processing within 5 working days after receiving the inspection report of unqualified products from the State, and shall entrust lower-level quality and technical supervision departments. For specific implementation, the “Notice of Disqualification for Product Quality Inspection by Country†(Annex 1) should be used for transfer.
The department responsible for post-processing by the implementing country (hereinafter referred to as the post-processing department) shall organize and implement within five working days from the date of receipt of the "Notice of Disqualification of Product Quality by State Supervision and Inspection of Spots" and the inspection report of unqualified products by the State. After the country pumped.
Article 7 The post-processing department shall issue a "Notice for the State Supervision and Inspection of Product Quality Order Reorganization Order" (Annex 2) to the unqualified product manufacturer, and order the non-conforming product manufacturer to make corrections within a time limit.
Article 8 The substandard product manufacturing enterprise shall formulate a rectification plan based on the reasons for the failure of the product and the rectification requirements put forward by the post-processing department as of the date of receipt of the "Notice of Order Rectification for Product Quality Supervision, Inspection and Ordering Order". Complete the rectification within 30 days, submit the rectification report to the post-processing department, and submit a review application:
(1) From the date of receiving the inspection report of the unqualified product from the receiving country, before the rectification and re-examination is completed, the production and sale of the product of the same specification and model shall be stopped.
(2) To inform the relevant departments of supervision and spot checks of relevant conditions, identify the reasons for product non-conformities, identify the quality responsibilities, formulate appropriate rectification measures, and implement the main responsibilities of quality.
(3) Completely clean up the unqualified samples returned by the defective stock products and inspection agencies, and keep them in a safe place. Wait for the post-processing department to dispose of them according to law; Dispose of unqualified products that have been manufactured and sold in accordance with law, and proactively release relevant information to the public. , Inform the seller to stop the sales, and report the situation to the post-processing department in writing.
(4) For products that fail to meet the product safety standards only because of labels, signs or instructions, the manufacturer may continue to sell the product after taking remedial measures and ensuring product quality and safety, and report the situation to the post-processing department in writing.
(5) Participate in the product quality analysis meeting organized by the quality and technical supervision department.
(6) Accept the rectification and review conducted by the quality and technical supervision department.
Except for discontinued production, conversion of production, etc., and no further production or sales, or due to relocation, natural disasters, etc., can not be normally produced and can provide effective certification, the unqualified product manufacturer must carry out rectification.
Article 9 If a substandard product manufacturing enterprise fails to complete the rectification on schedule, it may apply for an extension of one time, and shall apply to the post-processing department for deferment and review five days before the expiration of the rectification period. The deferment shall not exceed 30 days.
Article 10 Where an unqualified product manufacturing enterprise cannot temporarily correct due to its failure to produce properly, it shall provide valid certification, stop the production of similar products, and, upon normal production of such products, make rectifications as required and apply for reexamination. Enterprises shall not continue to produce and sell products of the same specification and type before undergoing rectification and inspection.
Article 11 The post-processing department shall, within 15 days from the date of receiving the company's review application, organize and carry out rectification and review. The rectification review includes reexamination inspections and on-site inspections.
The post-processing department entrusts the inspection agencies that meet the legal qualifications to carry out sampling and review inspections according to the original supervision and spot-check plan. Where the original supervision and spot check product has been discontinued, similar products may be taken for review and inspection. Reexamination inspection costs shall be borne by the unqualified product manufacturer. If an enterprise disagrees with the results of the review of the inspection results, it shall be dealt with in accordance with the relevant regulations for re-examination of the supervision spot-check objection The post-processing department shall, within 5 working days after receiving the inspection report from the inspection agency, issue an inspection report and a "Notice of Product Quality Supervision, Spot-check/Recheck Inspection Result" to the inspected manufacturing enterprise, or it may entrust the inspection agency to inform it.
In the case of unqualified product manufacturers whose products directly relate to human health, personal and property safety, public safety, or serious quality problems, the post-processing department may organize relevant experts to conduct on-site inspections of the company's rectification and record the on-site inspections.
For enterprises that have conducted on-site inspections, they can be regarded as qualified for rectification and review of enterprises after on-site inspections have passed and re-inspection and inspection are satisfactory.
Article 12 Where a substandard product manufacturing enterprise has the following overdue conditions, the provincial quality and technical supervision department shall make an announcement to the public.
(1) Refusal to correct without proper reason;
(2) After the expiry of the rectification period, the application for review was not submitted on time and no application for extension was submitted;
(3) The company submitted the rectification report and reexamination application to the department responsible for post-processing within the prescribed time limit, but did not implement the rectification measures, or the product still failed to pass the review;
(4) Other circumstances that should be announced.
Article 13 The post-processing department shall organize a mandatory review after the announcement of the enterprise that has not been corrected in the overdue period.
If the review still fails, the post-processing department shall order the company to suspend business for rectification within 30 days. After the rectification period expires, if the review is still unqualified, the administrative department for industry and commerce and other relevant administrative licensing departments shall be notified to revoke the relevant licenses.
Article 14 The provincial quality and technical supervision department shall, within 5 workdays after receiving the "National Quality Supervision and Inspection of Listed Enterprises for Rejection and Inspection" (Annex 3), comply with the "Product Quality Law of the People's Republic of China" Article 16 treatment; the need to entrust the implementation of lower-level quality and technical supervision departments, should use the "national product quality supervision, inspection, inspection and refusal to dispose of enterprise processing notice" (Annex 4) for transfer.
The post-processing department shall handle the matter in accordance with the provisions of Article 56 of the "PRC Product Quality Law" within 5 working days after receiving the "National Quality Supervision, Inspection, and Inspection of Discarded Enterprise Disposal Notice."
Article 15 If there is any of the following circumstances and it is necessary to carry out law enforcement investigations, the competent law enforcement agencies shall investigate and deal with them according to law. During the investigation and investigation, the review of the company's rectification was not stopped.
(1) Supervising and spot checking the product for serious quality problems;
(2) Failure to make corrections after the overdue period and re-examination after the announcement is still unqualified;
(3) The product manufacturing enterprises that implement industrial product production license management still fail to pass the review and need to revoke the certificate according to law;
(4) Other violations of laws and regulations.
Article 16 The quality problems of unqualified product manufacturing enterprises shall be handled by other administrative departments, and the post-processing departments shall transfer them to relevant departments for handling.
Article 17 Where the registered place of a substandard product manufacturing enterprise is not in the same province (autonomous region or municipality directly under the Central Government) as the actual place of business, the post-processing work shall be jointly completed by the quality and technical supervision departments of the two places, and the provincial quality and technology supervision department of the place where the enterprise is registered shall The provincial quality and technical supervision department of the company's actual operation places relevant materials, and the actual quality and technical supervision department is responsible for on-site inspections, product quality review, etc. The registered quality and technical supervision department is responsible for the summary and reporting of the results of the post-processing.
Article 18 The inspection agency that undertakes the task of national pumping shall actively cooperate with the post-processing department to carry out post-national pumping.
Article 19 For a substandard product manufacturing enterprise that discovers that there are regional problems, serious quality problems, or major social impacts, the quality and technical supervision department at or above the provincial level may organize the legal representative of the local government or related company or main in-charge. Talk about the quality issues that enterprises should report on, inform the contents, requirements, and deadlines of the rectification, request the company to implement rectification measures, and supervise enterprises to implement the main responsibility of the quality.
Article 20 If there are regional or industrial quality problems in products discovered by Guotai, or serious problems in product quality, the post-processing department may hold relevant quality inspection meetings with related departments, trade associations, inspection agencies, and related companies to help enterprises analyze Quality problems, urge enterprises to rectify.
Article 21 The quality and technical supervision departments at all levels shall strengthen the follow-up inspections of the enterprises that produce unqualified products and the enterprises that refuse to inspect.
Article 22 The post-processing department shall establish a national post-processing work file. The archival materials shall include supervision and random inspection inspection results notices, unqualified product inspection reports, corporate rejection verification forms, orders for rectification notices, unqualified product manufacturing enterprise rectification reports and recheck applications, and unqualified product manufacturing enterprises rectification site inspection records. Review inspection reports and results notices.
Chapter III Work Discipline Article 23 The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for supervising and inspecting the post-processing work of the State, and shall regularly report the post-processing work.
Article 24 The post-processing department shall carry out the post-processing of national extraction according to law and impartially. It is not allowed to charge the administrative counterparts with arbitrary charges on the ground that the country is handling the post-processing work.
Article 25 The post-processing staff shall abide by the laws and regulations and enforce the law impartially. If a post-processing staff member violates these provisions, the superior quality and technical supervision department shall order it to make corrections; where the circumstances are serious, the person responsible shall be given administrative sanctions in accordance with the law; where the crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IV Supplementary Provisions Article 26 The post-production processing of unqualified local inspections conducted by local quality and technical supervision agencies at and above the county level may be implemented with reference to these Provisions.
Article 27 If there are other provisions in laws and regulations, such provisions shall prevail.
Article 28 The AQSIQ shall be responsible for the interpretation of this regulation.
Article 29 These regulations shall come into force on July 1, 2015.
Product quality supervision and inspection of unqualified product manufacturing enterprises
Chapter I General Provisions Article 1 In order to standardize product quality, the State supervises and inspects the follow-up processing of unqualified product manufacturers, and enhances the effectiveness of supervision and spot checks, based on the "PRC Product Quality Law" and "Administrative Measures on Product Quality Supervision and Spot Checking", etc. The relevant laws, regulations, and regulations establish these regulations.
Article 2 These provisions shall apply to the follow-up work of the national product quality supervision and inspection (hereinafter referred to as "national pumping") organized by the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ).
Article 3 The post-processing (hereinafter referred to as "national treatment after processing") of the product quality supervision and inspection of the substandard product manufacturing enterprises referred to in these Regulations means that the quality and technical supervision department shall notify and order the production enterprises of substandard products in accordance with the results of the national pumping. The activities of administrative measures such as rectification, review, announcement, administrative punishment, transfer, etc.
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for supervising and supervising the handling of post-processing by the State. The provincial-level quality and technical supervision department is responsible for organizing or entrusting the sub-provincial quality and technical supervision departments to organize the implementation of the national pumping post-processing work of the production enterprises in the administrative area. The provincial quality and technical supervision department is responsible for supervising and administering the commissioned state processing after processing, and submits the work situation to the AQSIQ as required. The subordinate provincial quality and technical supervision departments shall be responsible for the implementation of relevant work after the pumping process in accordance with the requirements of the superior quality and technical supervision department.
Article 5 The post-acquisition processing shall be carried out in accordance with the law. If any administrative punishment is involved, it shall comply with the relevant provisions of the laws and regulations and the administrative and penalties procedures for quality and technical supervision.
Chapter II Work Contents and Procedures Article 6 The provincial quality and technical supervision department shall organize and carry out post-national pumping processing within 5 working days after receiving the inspection report of unqualified products from the State, and shall entrust lower-level quality and technical supervision departments. For specific implementation, the “Notice of Disqualification for Product Quality Inspection by Country†(Annex 1) should be used for transfer.
The department responsible for post-processing by the implementing country (hereinafter referred to as the post-processing department) shall organize and implement within five working days from the date of receipt of the "Notice of Disqualification of Product Quality by State Supervision and Inspection of Spots" and the inspection report of unqualified products by the State. After the country pumped.
Article 7 The post-processing department shall issue a "Notice for the State Supervision and Inspection of Product Quality Order Reorganization Order" (Annex 2) to the unqualified product manufacturer, and order the non-conforming product manufacturer to make corrections within a time limit.
Article 8 The substandard product manufacturing enterprise shall formulate a rectification plan based on the reasons for the failure of the product and the rectification requirements put forward by the post-processing department as of the date of receipt of the "Notice of Order Rectification for Product Quality Supervision, Inspection and Ordering Order". Complete the rectification within 30 days, submit the rectification report to the post-processing department, and submit a review application:
(1) From the date of receiving the inspection report of the unqualified product from the receiving country, before the rectification and re-examination is completed, the production and sale of the product of the same specification and model shall be stopped.
(2) To inform the relevant departments of supervision and spot checks of relevant conditions, identify the reasons for product non-conformities, identify the quality responsibilities, formulate appropriate rectification measures, and implement the main responsibilities of quality.
(3) Completely clean up the unqualified samples returned by the defective stock products and inspection agencies, and keep them in a safe place. Wait for the post-processing department to dispose of them according to law; Dispose of unqualified products that have been manufactured and sold in accordance with law, and proactively release relevant information to the public. , Inform the seller to stop the sales, and report the situation to the post-processing department in writing.
(4) For products that fail to meet the product safety standards only because of labels, signs or instructions, the manufacturer may continue to sell the product after taking remedial measures and ensuring product quality and safety, and report the situation to the post-processing department in writing.
(5) Participate in the product quality analysis meeting organized by the quality and technical supervision department.
(6) Accept the rectification and review conducted by the quality and technical supervision department.
Except for discontinued production, conversion of production, etc., and no further production or sales, or due to relocation, natural disasters, etc., can not be normally produced and can provide effective certification, the unqualified product manufacturer must carry out rectification.
Article 9 If a substandard product manufacturing enterprise fails to complete the rectification on schedule, it may apply for an extension of one time, and shall apply to the post-processing department for deferment and review five days before the expiration of the rectification period. The deferment shall not exceed 30 days.
Article 10 Where an unqualified product manufacturing enterprise cannot temporarily correct due to its failure to produce properly, it shall provide valid certification, stop the production of similar products, and, upon normal production of such products, make rectifications as required and apply for reexamination. Enterprises shall not continue to produce and sell products of the same specification and type before undergoing rectification and inspection.
Article 11 The post-processing department shall, within 15 days from the date of receiving the company's review application, organize and carry out rectification and review. The rectification review includes reexamination inspections and on-site inspections.
The post-processing department entrusts the inspection agencies that meet the legal qualifications to carry out sampling and review inspections according to the original supervision and spot-check plan. Where the original supervision and spot check product has been discontinued, similar products may be taken for review and inspection. Reexamination inspection costs shall be borne by the unqualified product manufacturer. If an enterprise disagrees with the results of the review of the inspection results, it shall be dealt with in accordance with the relevant regulations for re-examination of the supervision spot-check objection The post-processing department shall, within 5 working days after receiving the inspection report from the inspection agency, issue an inspection report and a "Notice of Product Quality Supervision, Spot-check/Recheck Inspection Result" to the inspected manufacturing enterprise, or it may entrust the inspection agency to inform it.
In the case of unqualified product manufacturers whose products directly relate to human health, personal and property safety, public safety, or serious quality problems, the post-processing department may organize relevant experts to conduct on-site inspections of the company's rectification and record the on-site inspections.
For enterprises that have conducted on-site inspections, they can be regarded as qualified for rectification and review of enterprises after on-site inspections have passed and re-inspection and inspection are satisfactory.
Article 12 Where a substandard product manufacturing enterprise has the following overdue conditions, the provincial quality and technical supervision department shall make an announcement to the public.
(1) Refusal to correct without proper reason;
(2) After the expiry of the rectification period, the application for review was not submitted on time and no application for extension was submitted;
(3) The company submitted the rectification report and reexamination application to the department responsible for post-processing within the prescribed time limit, but did not implement the rectification measures, or the product still failed to pass the review;
(4) Other circumstances that should be announced.
Article 13 The post-processing department shall organize a mandatory review after the announcement of the enterprise that has not been corrected in the overdue period.
If the review still fails, the post-processing department shall order the company to suspend business for rectification within 30 days. After the rectification period expires, if the review is still unqualified, the administrative department for industry and commerce and other relevant administrative licensing departments shall be notified to revoke the relevant licenses.
Article 14 The provincial quality and technical supervision department shall, within 5 workdays after receiving the "National Quality Supervision and Inspection of Listed Enterprises for Rejection and Inspection" (Annex 3), comply with the "Product Quality Law of the People's Republic of China" Article 16 treatment; the need to entrust the implementation of lower-level quality and technical supervision departments, should use the "national product quality supervision, inspection, inspection and refusal to dispose of enterprise processing notice" (Annex 4) for transfer.
The post-processing department shall handle the matter in accordance with the provisions of Article 56 of the "PRC Product Quality Law" within 5 working days after receiving the "National Quality Supervision, Inspection, and Inspection of Discarded Enterprise Disposal Notice."
Article 15 If there is any of the following circumstances and it is necessary to carry out law enforcement investigations, the competent law enforcement agencies shall investigate and deal with them according to law. During the investigation and investigation, the review of the company's rectification was not stopped.
(1) Supervising and spot checking the product for serious quality problems;
(2) Failure to make corrections after the overdue period and re-examination after the announcement is still unqualified;
(3) The product manufacturing enterprises that implement industrial product production license management still fail to pass the review and need to revoke the certificate according to law;
(4) Other violations of laws and regulations.
Article 16 The quality problems of unqualified product manufacturing enterprises shall be handled by other administrative departments, and the post-processing departments shall transfer them to relevant departments for handling.
Article 17 Where the registered place of a substandard product manufacturing enterprise is not in the same province (autonomous region or municipality directly under the Central Government) as the actual place of business, the post-processing work shall be jointly completed by the quality and technical supervision departments of the two places, and the provincial quality and technology supervision department of the place where the enterprise is registered shall The provincial quality and technical supervision department of the company's actual operation places relevant materials, and the actual quality and technical supervision department is responsible for on-site inspections, product quality review, etc. The registered quality and technical supervision department is responsible for the summary and reporting of the results of the post-processing.
Article 18 The inspection agency that undertakes the task of national pumping shall actively cooperate with the post-processing department to carry out post-national pumping.
Article 19 For a substandard product manufacturing enterprise that discovers that there are regional problems, serious quality problems, or major social impacts, the quality and technical supervision department at or above the provincial level may organize the legal representative of the local government or related company or main in-charge. Talk about the quality issues that enterprises should report on, inform the contents, requirements, and deadlines of the rectification, request the company to implement rectification measures, and supervise enterprises to implement the main responsibility of the quality.
Article 20 If there are regional or industrial quality problems in products discovered by Guotai, or serious problems in product quality, the post-processing department may hold relevant quality inspection meetings with related departments, trade associations, inspection agencies, and related companies to help enterprises analyze Quality problems, urge enterprises to rectify.
Article 21 The quality and technical supervision departments at all levels shall strengthen the follow-up inspections of the enterprises that produce unqualified products and the enterprises that refuse to inspect.
Article 22 The post-processing department shall establish a national post-processing work file. The archival materials shall include supervision and random inspection inspection results notices, unqualified product inspection reports, corporate rejection verification forms, orders for rectification notices, unqualified product manufacturing enterprise rectification reports and recheck applications, and unqualified product manufacturing enterprises rectification site inspection records. Review inspection reports and results notices.
Chapter III Work Discipline Article 23 The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for supervising and inspecting the post-processing work of the State, and shall regularly report the post-processing work.
Article 24 The post-processing department shall carry out the post-processing of national extraction according to law and impartially. It is not allowed to charge the administrative counterparts with arbitrary charges on the ground that the country is handling the post-processing work.
Article 25 The post-processing staff shall abide by the laws and regulations and enforce the law impartially. If a post-processing staff member violates these provisions, the superior quality and technical supervision department shall order it to make corrections; where the circumstances are serious, the person responsible shall be given administrative sanctions in accordance with the law; where the crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IV Supplementary Provisions Article 26 The post-production processing of unqualified local inspections conducted by local quality and technical supervision agencies at and above the county level may be implemented with reference to these Provisions.
Article 27 If there are other provisions in laws and regulations, such provisions shall prevail.
Article 28 The AQSIQ shall be responsible for the interpretation of this regulation.
Article 29 These regulations shall come into force on July 1, 2015.
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