282 Regulations of Shenzhen Special Economic Zone on Measurement(2005 revised)[深圳经济特区计量条例（2005年修订）]

 (Adopted at the 20th meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on December 24, 1993; revised by the 14th meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on April 9, 1997 for the first time; revised by the 19th meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on December 17, 1997 for the second time; revised by the 15th meeting of the Standing Committee of the Third Municipal Shenzhen People’s Congress on April 26, 2002 for the third time; revised by the 32nd meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 25, 2004 for the forth time; and revised by the 3rd meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on November 23, 2005 for the fifth time)  

Chapter One  General Provisions 

Article 1  In order to strengthen the supervision and administration to measurement in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), ensure that the system of measurement units is uniform, ensure that the measurement result is accurate and reliable, maintain the order of socialist market economy, promote the developments of production, trade and scientific technology, these Regulations are formulated according to relevant national laws and regulations, in combination with the actual circumstances of the special zone.  

Article 2  These Regulations shall apply to the establishment of standard measurement instruments, the measurement verification and adjustment, and the production, reparation, sale,  importation and using of measurement instruments in the special zone.  

Article 3  Enterprises, public institutions and self-employed individuals shall comply with relevant national laws and regulations on measurement, use measurement instruments and units according to the provisions, keep their operation activities correct, and may not damage the legitimate rights and interests of consumers.  

Enterprises and public institutions shall strengthen measurement management, improve measurement methods, train measurement persons, verify or adjust working measurement instruments in time and enhance the guarantee ability of measurement.  

Article 4  The people’s governments at all levels in Shenzhen shall give awards to the unit or individual, who gets great achievement in the implementation of laws, regulations and administrative regulations on measurement.  

Article 5  The Shenzhen municipal administrative department of quality and technology supervision shall be the competent department of measurement supervision and administration (hereinafter referred to as the municipal competent department), shall take charge of organizing the implementation of relevant laws, regulations and administrative regulations on measurement, and drawing up managerial measures.  

Relevant departments of the municipal and district people’s governments shall assist competent departments to accomplish the measurement supervision and administration according to their respective functions and duties.  

Article 6 The Municipal Measurement Trade Association shall be the trade self-disciplinary organization established according to law. The trade association shall carry out the measurement training, measurement consultation, and measurement information publication according to its chart, shall make acting standards and rules for the measurement trade, and shall accept the guiding from the municipal competent department. 

Chapter Two  Use of Measurement units 

Article 7 The measurement units of international unit system and other measurement units designated by the State shall be the national legal measurement units. It is forbidden to use non-state-legal measurement units except in a laboratory to meet work needs.  

Article 8 The legal measurement units shall be used when using measurement units on the commodities produced or sold in the special zone. The provisions of relevant national law or regulations shall prevail if they provide otherwise on imported commodity.  

Article 9  No unit or individual may produce, sell or import measurement instruments of non-legal measurement units until being approved by the administrative department of quality and technology supervision of the State Council or the municipal competent department.  

Chapter Three  Establishment of Standard Measurement Instruments 

Article 10 The municipal competent department shall establish social public standard instruments of measurement as the criterion to unify the measurement result according to needs. The social public standard instruments of measurement shall pass the examinations according to the measures stipulated by the State.  

Article 11 Enterprises and public institutions may establish standard measurement instruments for their own use. All kinds of instruments of the highest measurement standards may not be used until they pass the examinations hold by the municipal competent department according to the measures stipulated by the State.  

No measurement adjustment institution which provides adjustment services to the society may use its instruments of the highest measurement standards until they pass the examination hold by the municipal competent department. 

Article 12  As to the standard measurement instruments for public use, the valid period for the competency certificates of the instruments of the highest measurement standards of enterprises, public institutions and measurement adjustment institutions shall be 4 years. 

Chapter Four  Verification and Use of Measurement Instruments 

Article 13  The municipal competent department shall carry out compulsory verification to the standard measurement instruments for public use, the instruments of the highest measurement standards established by enterprises and public institutions, and the working measurement instruments, which are used in trade settlement, safety protection, medical treatment and sanitation, environment monitoring, administration supervising or judicial testimony, and are listed in the national catalog of compulsory verification. If a working measurement instrument is not listed in the national catalog of compulsory verification, the municipal competent department may carry out compulsory verification to it, if necessary, after getting approval from the municipal people’s government. 

Any unit or individual, who uses the measurement instrument under compulsory verification, shall apply for periodical verification to the legal measurement verification institution.  

Article 14  The municipal competent department shall strengthen supervision and administration to the important measurement instruments used in trade settlement, medical treatment and sanitation, such as water meter, ammeter, gas meter, oiling machine, weighing apparatus, taxis fee register, telephone calling timer and fee register, and shall adjust verification period for important measurement instruments according to actual circumstances. 

Article 15 Other standard measurement instruments and working measurement instruments beyond the national compulsory verification, shall be verified or adjusted by their using units themselves or be delivered for verification or adjustment to a measurement verification or adjustment institution.  

Article 16 No unit or individual may use the measurement instrument, which is under the compulsory verification but has no qualification stamp or certificate of verification, or exceeds the verification period, in production or operation, or use the unqualified measurement instrument which is under compulsory verification, or use the data displayed on any one of the measurement instruments mentioned above as the basis of trade settlement.  

No unit or individual may destroy the accuracy of measurement instrument which is under the compulsory verification, or practice fraud, fabricate data, fabricate or destroy the sealing mark of verification.  

Chapter Five  Production, Reparation, Installation and Sale of Measurement Instruments 

Article 17  Every enterprise or public institution, which wants to engage in producing or repairing measurement instruments, may not start production or reparation business until it passes the examination hold by the municipal competent department, and gets the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments, excluding the State provides otherwise.  

The valid period for the License of Producing Measurement Instruments and the License of Repairing Measurement Instruments shall be 3 years. 

The municipal competent department shall publicize the granting, cancelling and revoking of the licenses mentioned above. 

Article 18  Any imported measurement instrument, which is to be sold in the special zone, shall pass the verification hold by the administrative department of quality and technology supervision of or above the provincial level, or by the municipal competent department. The municipal competent department shall verify the measurement instrument according to the provisions of the Measurement Law of the People’s Republic of China and the Implementing Rules of the Measurement Law of the People’s Republic of China.  

Article 19 No unit or individual may sell the measurement instrument having been eliminated from market by the public proclamation of the State, the unqualified measurement instrument, or the incomplete or inferior part of a measurement instrument.  

Chapter Six  Administration on Commercial Trade Measurement 

Article 20  Any commodity, which is packed in predetermined quantity, shall be marked with the net weight or capacity of the inside commodity on its package, and may not be sold without the mark.  

Article 21  Anyone, who measures commodity on the spot, shall show consumer the measurement process and the value displayed on the measurement instrument. The value shall be displayed again if the consumer asks for.  

Article 22  The commodity for sale shall comply with the requirements of allowed error stipulated by the State. The seller shall be equipped with the measurement instrument, which is fit for his selling commodity and meets the requirements of allowed error.  

The municipal competent department may draw up the specific requirements on allowed error and the methods for determining shortage according to national stipulations and in combination with the actual circumstances in the special zone.  

Article 23  Any shop, which sells lots of commodities under on-the-spot measurement or in the packages of predetermined quantity, shall appoint a special person to take charge of measurement in order to guarantee the accuracy of measurement instrument and measurement.  

Article 24  The municipal competent department shall set up notarization measurement instruments in the market of productive resources or consumption goods, or at the location having a large amount of material measurements, and strengthen the measurement supervision.  

Article 25  The sponsor of fair trade market shall establish fair scales which are verified as qualified in the compulsory verification, shall register in lists the measurement instruments which are used in the market and are under the compulsory verification and shall submit them to the municipal competent department for record. 

The operator of fair trade market shall cooperate with the sponsor in applying compulsory verification to legal measurement verification institution for his measurement instruments, and shall pay verification fees. 

Article 26  The municipal competent department, jointly with relevant departments, shall popularize the using of the measurement instrument with advanced technical characteristics, eliminate or ban the using of the measurement instrument with underdeveloped technical characteristics or producing unreliable measurement result.  

Chapter Seven  Measurement Verification Institution  and Measurement Authorization 

Article 27  The measurement verification institution established by the municipal competent department shall be the legal agency for measurement verification, and has the following main functions and duties:  

1. taking charge of establishing the social public standard instruments of measurement, and carrying out the delivering of measurement results;  

2. carrying out the compulsory verification and other verification or test stipulated by law and regulations;  

3. drafting technology instructions, and providing technology guarantee to measurement supervision;  

4. undertaking relevant work of measurement or supervision, and accepting entrusted detection task.  

Article 28  The municipal competent department may, according to the needs, authorize a measurement verification institution other than a legal one to carry out the compulsory verification or other job of verification or test in stipulated scope.  

Article 29  The measurement verification institution, which undertakes the job of compulsory verification, shall finish verification within 10 working days upon receiving the job. The verification institution shall consult with its consumer when it needs to prolong the period under special circumstances.  

Article 30  The institution which provides measurement adjustment services to social public shall be a legal person, establish necessary standard measurement instruments or get the endorsement from a national laboratory. The standard measurement instruments shall pass the examination according to the national regulations. 

No one may engage in providing measurement adjustment service, if his standard measurement instrument does not passing the examination, or if he is not endorsed by a national laboratory.  

Article 31 The adjustment of measurement instruments shall be carried out according to the national measurement verification provisions and the national adjustment rules of measurement instruments. If there are no relevant national rules, adjustment report may be issued according to the articles agreed in a contract. The adjustment report may not use false or invalid authentication or endorsement marks. 

Article 32 Every intermediary organ which engages in adjusting or checking measurement instruments shall operate by law. 

Chapter Eight  Measurement Supervision and Measurement Arbitration Verification 

Article 33  The municipal competent department may establish measurement supervisor according to the needs. The measurement supervisor shall exercise his functions and duties according to law, carry out supervision and inspection to trading and commercial locations, equipments, tools and sites using valuating or computing instruments in specified areas, and impose penalty to the activity violating measurement law, regulations or administrative rules in his stipulated limits of authority according to law. The measurement supervisor shall present his legal certificate when enforcing the law. More than two measurement supervisors shall be on the spot when imposing penalty.  

The part-time measurement supervisor, established inside an enterprise or public institution with the approval of municipal competent department, shall take charge of the supervision and inspection to measurement laws, regulations and administrative rules in his unit or in specified scope, and direct and push the development of measurement.  

Article 34 The municipal competent department may fulfill the following authorities and powers when carrying out measurement supervisions and examinations according to law: 

1. carrying out examinations on the spots, and collecting examples according relevant national regulations; 

2. investigating into the events relating with the measurement activities under supervision, and inquiring parties concerned and relevant witnesses; 

3. looking up and copying relevant contracts, account books, bills and other relevant materials; and 

4. sealing up and detaining measurement instruments and relevant goods involved in the case. 

The examples collected shall be returned on time after the examination finishes, except the part which is lost normally and that the State provides otherwise. 

The period for sealing up and detaining measurement instruments and relevant goods shall not be longer than 30 days. If it is necessary to prolong the period because the case is complex or the check demands, the period may be prolonged after being approved by the leading official of the municipal competent department. The period prolonged may not be longer than 60 days.   

Article 35  The municipal competent departments shall take charge of mediating measurement disputes and arbitration verification. The parties of measurement dispute may settle down the dispute by consultation or mediation. In case that a party refuses to settle down the dispute by consultation or mediation, or the consultation or mediation fails to settle down the dispute, he may apply for arbitration according to the agreement between parties. The party may bring a lawsuit before people’s court directly if there is no arbitration agreement between parties.  

Article 36 No party may change the technology state of measurement instrument involved in the measurement dispute, or change the state of relevant goods during the period of consultation, mediation or case judging.  

Article 37  The mediation or arbitration concerning the dispute on the accuracy of a measurement instrument shall take the notarization data as the judging basis, which is issued by a laboratory or measurement service agency having get the qualification endorsement.  

When the municipal competent department carries out mediation on the dispute over the measurement of commodity and measurement supervision, it shall take the result displayed by the measurement instrument as standard, which passes the compulsory verification. 

Chapter Nine   Penalty Provisions 

Article 38 Anyone, who sells a measurement instrument of non-legal measurement unit, a measurement instrument eliminated from market by the public proclamation of the State, an unqualified measurement instrument, or an incomplete or inferior part of a measurement instrument, shall be confiscated the measurement instrument, or the part or accessory of measurement instrument and his illegal gains, and be imposed a fine of 5 to 10 times the amount of illegal operation simultaneously. Anyone, who uses the measurement instrument of non-legal measurement unit in operation, shall be confiscated the measurement instrument, and be imposed a fine of 1,000 to 10,000 yuan simultaneously.  

Anyone, who marks price with non-legal measurement unit, shall be ordered to make correction, and be imposed a fine of 1,000 to 5,000 yuan if he refuses to make correction.  

Article 39 In case that a social public measurement standard, or an instrument of the highest measurement standard established by an enterprise or public institution is used in verification without passing the examination hold by the municipal competent department, the user shall be ordered to stop using and be imposed a fine of 1,000 to 10,000 yuan simultaneously.  

Article 40  As to the measurement instrument under compulsory verification, if the user does not apply for periodical verification, or continues using it exceeding the verification period, he shall be ordered to stop using and be imposed a fine of 1,000 to 5,000 yuan simultaneously. Anyone, who continues using a measurement instrument failing to pass the verification, shall be ordered to stop using and be imposed a fine of 5,000 to 10,000 yuan simultaneously.  

Article 41  In case that the using of unqualified or unverified measurement instrument results in an unqualified product or affects normal production, and causes property loss or personal injury, the relevant unit and person liable shall bear the civil responsibility to the victim according to law if the activity does not constitute a crime. Simultaneously, the person chiefly in charge and person directly liable shall be imposed a fine of 2,000 to 20,000 yuan respectively.  

Article 42  Anyone, who destroys the accuracy of a measurement instrument under compulsory verification, fabricates or destroys a sealing mark of verification, and practices fraud or fabricates data, shall be confiscated the measurement instrument, and be imposed a fine of 2,000 to 20,000 yuan simultaneously.  

Article 43  In case that a commodity, which is measured on the spot, goes beyond the allowed error of measurement, and is sufficient for the consumer, the seller shall make up the shortage to the consumer, and be imposed a fine of 20 times the shortage price. In case that a commodity, which is packed with predetermined quantity, goes beyond the allowed error of measurement, and is sufficient for the consumer, the seller shall be imposed a fine of 2 times the product, which comes from the shortage price per unit multiplying the total amount of the batch of commodities, and shall be ordered to repack the commodity before sale. In case that a package has not been marked with the net quantity or capacity of the inside commodity, the seller shall be ordered to stop selling, repack the commodity and mark its net quantity or capacity.  

Article 44 If a sponsor of fair trade market fails to establish fair scales or establish a fair scale not passing the compulsory verification, he shall be imposed a fine of less than 5,000 yuan. If the operator of fair trade market uses a measurement instrument not passing the compulsory verification, he shall be imposed a fine of 3,000 to 5,000 yuan per instrument. The sponsor of fair trade market shall be imposed a fine of 5,000 to 20,000 yuan simultaneously. 

Article 45 In case that a measurement verification institution fabricates verification data or conclusion, its administrative competent department shall impose administrative penalty to its person chiefly in charge and person directly liable. The administrative competent department of measurement shall impose the verification institution and the person directly liable a fine of 10 times the collected verification fees respectively.  

Article 46 If a measurement adjustment institution commits any one of the following activities, the municipal competent department shall order it to make correction, and impose it a fine of 1,000 to 5,000 yuan simultaneously. If the circumstance is serious, the municipal competent department shall impose the institution a fine of 5,000 to 20,000 yuan, and order it to stop adjustment businesses for 3 to 6 months: 

1. fabricating data or issuing false report; 

2. providing measurement adjustment services with a standard measurement instrument failing to pass the examination, or failing to be endorsed by a national laboratory; 

3. using a standard measurement instrument not passing the examination or not accepting the compulsory verification regularly as required;  

4. using a false or invalid authentication or endorsement mark in its adjustment report. 

Anyone who provides measurement adjusting services without establishing necessary instruments of measurement standard or the endorsement of a national laboratory shall be ordered to provide adjusting services and be fined according to the provisions of the preceding paragraph. 

Article 47 Anyone, who produces or repairs measurement instruments without acquiring the License of Producing Measurement Instruments or the License of Repairing Measurement Instruments, shall be ordered to stop business or operation, confiscated his illegal gains, and imposed a fine of 5 times the amount of illegal operation simultaneously.  

Article 48  Anyone, who sells the imported measurement instruments without being verified, shall be ordered to stop selling, sealed up the imported measurement instruments for sale, confiscated his illegal gains, and be imposed a fine of 5 times the amount of illegal operation simultaneously.  

Article 49  Any laboratory or measurement service agency, which provides notarization data for the society without the certificate of qualification recognition, shall be ordered to stop verification, declared the invalidation of verification result, confiscated its measurement instruments and illegal gains, and may be imposed a fine of 10 times the collected verification fees simultaneously.  

Any laboratory or measurement service agency with the certificate of qualification recognition, which provides false notarization data for the society, shall be ordered to stop verification, declared the invalidation of verification result, confiscated its illegal gains, and may be imposed a fine of 10 times the collected verification fees simultaneously. If the circumstance is serious, the certificate of qualification recognition shall be revoked.  

Article 50  Anyone, who fabricates, uses with fraudulency or scalps the stamp or certificate of measurement instrument under the national compulsory verification, shall be confiscated his illegal gains and imposed a fine of 5 times the amount of illegal operation simultaneously, if no crime is constituted.  

Article 51  Any supervision manager of measurement, who neglects his duties in violation of law or commits irregularities for favoritism, shall be imposed administrative penalty according to relevant national stipulations if no crime is constituted.  

Article 52  The record system shall be implemented to the illegal activities when the competent department imposes administrative penalties.  

Anyone, who commits illegal activity again after being imposed an administrative penalty, shall be given a heavier punishment. Any recidivism, who commits illegal activity repeatedly after being given a heavier punishment, shall be ordered to stop production or business and to rectify by the administrative department for industry and commerce, besides being punished according to the stipulations. The administrative department for industry and commerce shall notice the recidivism to start production or business again if it corrects its activity by rectification.  

Article 53  Anyone, who hinders law-enforcement supervisor or verifier of measurement to execute duties, shall be punished by the department of public security according to the Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration.  

Article 54  The administrative penalties stipulated in this chapter shall be imposed by the municipal competent department according to the authority limits stipulated by these Regulations, excluding those stipulated in Article 35 or Article 40 of these Regulations, or stipulated in Article 47 relating to Article 35 or Article 40 of these Regulations, which may also be imposed by the administrative department for industry and commerce.  

Article 55 Any party, who is not agree with the administrative penalty decision made by the municipal administrative department, may apply for administrative review according to law, or bring a lawsuit before the people’s court directly.  

In case that the party refuses to implement the penalty decision, and does not apply for review or bring a lawsuit in due time, the organ making the penalty decision shall apply to the people’s court for coercive implementation.  

Article 56  Anyone, who violates these Regulations, shall be investigated for criminal responsibility if a crime is constituted because of serious circumstance.  

Chapter Ten  Supplementary Provisions 

Article 57 The provisions of measurement law, administrative regulations and regulations formulated by the administrative department of quality and technology supervision of the State Council shall apply to the matter which is not regulated by these Regulations.