(Translation for Reference Only)
(Adopted at the 29th Meeting of the Standing Committee of the First People's Congress of Shenzhen Municipality on March 30, 1995; amended for the first time in accordance with the Decision on Revising Article 25 of the Regulations of Shenzhen Special Economic Zone on Product Quality Management adopted at the 32nd Meeting of the Standing Committee of the Second People's Congress of Shenzhen Municipality on May 6, 1999; revised at the 11th Meeting of the Standing Committee of the Fifth People's Congress of Shenzhen Municipality on October 31, 2011; amended for the second time in accordance with the Decision on Revising 45 Regulations Including the Regulations of Shenzhen Special Economic Zone on the Donation and Transplantation of Human Organs adopted at the 36th Meeting of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on October 31, 2019; and amended for the third time in accordance with the Decision on Revising 12 Regulations Including the Regulations of Shenzhen Special Economic Zone on Certified Public Accountants at the 28th Meeting of the Standing Committee of the Seventh People's Congress of Shenzhen Municipality on April 30, 2024)
Chapter I General Provisions
Article 1 TheRegulations of Shenzhen Special Economic Zone on Product Quality Management (hereinafter referred to as “these Regulations”) are formulated in accordance with the basic principles of relevant laws and administrative regulations and in light of the actual conditions of Shenzhen Special Economic Zone (hereinafter referred to as “Zone”), to strengthen the supervision and administration of product quality, improve product quality, safeguard public health and personal and property safety, and protect the legitimate rights and interests of consumers.
Article 2 These Regulations shall apply to the supervision and administration of production, sale and quality of products within Zone.
For the purposes of these Regulations, products refer to the products processed and manufactured for sale.
These Regulations shall not apply to construction projects, but shall apply to building materials, building components, fittings and equipment used in construction projects that fall within the scope of products specified in the preceding paragraph.
For the supervision and administration of the quality of products such as pharmaceuticals, medical devices, food (including health food), cosmetics, and agricultural products, where there are provisions in laws and regulations, such provisions shall apply; where there are no provisions in laws and regulations, these Regulations shall apply.
Article 3 Municipal and district people’s governments shall incorporate the work of ensuring product safety and improving product quality into the overall plan for national economic and social development, increase investment in funds for supervision and inspection, carry out monitoring and evaluation of product safety and quality levels, guide and urge producers and sellers to strengthen product quality management, ensure product safety, and improve product quality.
Article 4 Enterprises are encouraged and supported to adopt advanced quality management methods, implement internationally advanced standards, and formulate enterprise standards that are higher than national standards, industry standards, local standards or technical specifications of Zone.
The municipal people’s government shall establish a quality reward system, and grant rewards to enterprises and individuals that have advanced product quality management, reached internationally advanced levels in product quality, and achieved remarkable results.
Article 5 The municipal administration for market regulation (hereinafter referred to as the “municipal department”) is the department in charge of supervision and administration of product quality, and is responsible for supervision and administration of product quality in the fields of production and circulation.
Local offices of the municipal department are responsible for the supervision and administration of product quality in their respective jurisdictions, and investigate and punish illegal acts related to product quality in their own names.
The grassroots supervision institutions of the municipal department shall be responsible for the supervision and administration of product quality within their respective jurisdictions, and shall impose administrative penalties in their own name within the department prescribed by the municipal department.
Other departments responsible for product quality supervision and administration shall, in accordance with their respective functions and duties, carry out the work of product quality supervision and administration in accordance with the law.
Article 6 Industry associations shall guide producers and sellers to produce and sell products in accordance with the law, and publicize and popularize knowledge on product quality.
Industry associations may adopt various forms such as self-inspection and self-correction to strengthen industry self-discipline and promote the building of industry integrity.
Municipal and district people’s governments and all relevant departments shall support and promote the development of industry associations, support them to independently carry out activities in accordance with the law, and strengthen business guidance for industry associations in accordance with the law within their respective duties.
Article 7 Encouragement, support and protection shall be provided to organizations and individuals conducting social supervision over product quality.
Any organization or individual shall have the right to report to or lodge complaints with the department or other relevant functional departments regarding violations of product quality laws and regulations. The department or other relevant functional departments shall handle them in a timely manner in accordance with provisions and inform the complainant of the handling results.
The department and other relevant functional departments shall keep the informants confidential and reward them in accordance with provisions.
Article 8 Social groups and grassroots self-governance organizations are encouraged to popularize product quality-related laws and regulations, product quality standards and knowledge to enhance consumers' self-protection capabilities.
Article 9 News media shall carry out public-welfare publicity promoting product quality laws, regulations and knowledge, while providing objective and accurate coverage of product quality information and exercising oversight through public opinion. The municipal department and other relevant departments shall respond to the product quality problems reported by news media in a timely manner.
Chapter II Product Standards and Quality Certification
Article 10 Producers shall formulate their own product standards or implement national standards, industry standards, local standards, and technical specifications of Zone, as the basis for organizing production and sales.
Where there are prevailing compulsory standards or technical specifications of Zone, the producers’ own product standards formulated shall not be lower than compulsory standards or technical specifications of Zone.
If products are exported, the relevant technical requirements shall be stipulated in the contract. However, if mandatory requirements of technical specifications are involved, such mandatory requirements shall prevail.
The municipal department shall provide support with information, technologies and funds for enterprises to formulate standards or adopt international advanced standards.
Article 11 Where a producer formulates or modifies its own product standards, such standards shall be published upon approval of its legal representative or person in charge.
A system of standard self-declaration, disclosure and supervision shall be implemented. Enterprises shall disclose the numbers and names of the mandatory standards, voluntary standards, group standards or enterprise standards they implement; where enterprises implement self-developed standards, they shall also disclose functional indicators of products and services and the performance indicators of products.
An enterprise shall organize its production and operation activities in accordance with the standards, and the products it produces and the services it provides shall conform to the technical requirements of the standards made public by it.
Article 12 Enterprises in the key industries for development of Zone are encouraged to form standard alliances, formulate alliance standards, and implement them within the alliance.
The administrative measures for alliance standards shall be formulated by the municipal department and implemented after approval by the municipal people’s government.
Article 13 The technical specifications of Zone may be formulated for the following technical requirements that lack national, industry, or local standards and require unified regulation:
(1) Technical requirements for human health and safety of persons and property;
(2) Technical requirements for energy conservation and environmental protection;
(3) Technical requirements for industries and fields restricted and prioritized for development by the municipal people’s government; and
(4) Other technical requirements that the municipal people’s government deems necessary to be standardized in a unified manner.
If it is necessary to formulate the technical specifications of Zone, the municipal department shall organize the drafting and solicit public opinions for a period of not less than 30 days; the drafted technical specifications of Zone shall, after being reviewed by experts, be submitted to the municipal people’s government for approval and promulgated for implementation in accordance with the prescribed procedures.
Article 14 For products included in the catalog of industrial products subject to the production license system, producers may only engage in production after obtaining a production license.
For products included in the catalog of industrial products specified in the preceding paragraph, if a production license has not been obtained, their sale or use in business activities is prohibited.
Article 15 Products subject to mandatory certification according to provisions may only be manufactured, sold, imported, or used in operation activities after obtaining certification and affixing the corresponding certification mark.
In addition to the provisions of the preceding paragraph, enterprises may voluntarily engage certification bodies established in accordance with the law to carry out product certification and management system certification.
Article 16 Bodies engaged in product quality inspection and product certification shall have the corresponding testing conditions and capabilities, and may only conduct such activities after passing the assessment or obtaining statutory approval.
Those who have not passed the assessment or obtained approval shall not engage in product quality inspection and certification activities, or provide data with probative effect to the public.
Article 17 Product quality inspection bodies and certification bodies shall issue inspection results or certification certificates objectively and impartially in accordance with the law and relevant standards.
Article 18 Certification bodies shall carry out certification activities in accordance with the basic certification norms and rules.
Certification bodies shall carry out effective follow-up investigations on their certified products and management systems. If the certified products and management systems fail to maintain compliance with certification requirements, certification bodies shall suspend the certification and ultimately revoke the certification certificate, with an announcement of such actions.
If a certification body fails to perform the obligations specified in the preceding paragraph, resulting in losses to consumers, it shall be jointly and severally liable with the producer and seller.
Article 19 Product quality inspection bodies and certification bodies and their employees shall comply with the following requirements:
(1) Not to forge, alter, transfer, lease, or lend qualification certificates or certification and accreditation certificates;
(2) To record, truthfully, accurately, and clearly, original inspection data and retain it for future reference; not to falsify inspection data, unlawfully alter inspection conclusions, or issue false inspection certificates or test reports;
(3) For those undertaking random sampling of product quality, to truthfully submit inspection results to the commissioning department, and not to disclose the inspection results to other entities and individuals; not to subcontract or delegate random sampling of product quality to other parties;
(4) Not to exploit random sampling to compel the inspected enterprises to sign paid service agreements or accept other paid services; and
(5) Not to engage in product development, recommendation, evaluation, or marketing activities that may affect the objectivity and impartiality of product inspections and certification activities.
Article 20 Certification bodies shall report the detailed dynamic information on certification activities to the municipal department in accordance with the provisions. The municipal department shall supervise certification activities in accordance with the law, and notify the certification supervision and management body of the handling of certification-related violations, so as to realize the sharing of certification and regulation information.
Chapter III Product Quality Responsibilities and Obligations
Article 21 Product quality shall meet the following requirements:
(1) Products shall not pose unreasonable risks to human health or safety of persons and property, and shall conform to mandatory standards or technical specifications of Zone;
(2) Products shall possess the intended functional performance, except where any functional defects are explicitly disclosed;
(3) Products shall conform to the product standards indicated on the products or their packaging; and
(4) Products shall meet the quality conditions indicated through product descriptions, physical samples, or other means.
Article 22 Entities engaged in products and packaging design and production shall, in accordance with the low-carbon economy requirements for quality assurance, resource consumption reduction, and waste reduction, prioritize clean energy and materials and design solutions that are recyclable, disassemblable, degradable, and non-toxic/non-hazardous, and adopt advanced process technologies and equipment.
Article 23 Producers and sellers are responsible for the quality of the products they produce or sell.
The production and sale of the following products are prohibited:
(1) Those that do not meet the requirements of compulsory standards or technical specifications of Zone;
(2) Those explicitly ordered to be eliminated and prohibited from sale by the State;
(3) Those that are expired or deteriorated;
(4) Those that are adulterated, counterfeited, passing fake products off as genuine, or passing substandard products off as qualified;
(5) Those that forge the place of origin, or forge or fraudulently use another’s factory name or address;
(6) Those that forge or fraudulently use certification marks, license marks and numbers, ISO compliance marks, quality certificates, product approval numbers, or other marks;
(7) Those that forge or tamper with the production date, safe-use period, or expiration date; and
(8) Other products prohibited from production or sale by laws and regulations.
Products prohibited from production and sale as specified in the preceding paragraph shall not be used in business activities or construction projects.
Article 24 The label on a product or its packaging shall comply with the following requirements:
(1) The product standard number shall be indicated;
(2) Products assembled, processed or renovated using waste materials shall be marked on the product, its packaging, or its instruction manual; and
(3) Other requirements under the Product Quality Law of the Peoples Republic of Chinaand other laws and regulations.
Article 25 If a product does not conform to the stated product standards or technical specifications of Zone, or fails to meet the quality conditions indicated through product descriptions, physical samples, or other means, but poses no risk to human health and personal or property and still retains some usability, the producer or seller shall mark the product or its packaging in a prominent position with terms such as "defective product", "substandard product" or other clear indications of its quality status.
Article 26 Printers undertaking the production of product labels, tags, certification marks and other quality marks, production license symbols, and barcodes, as well as packaging, instructions, nameplates and other items containing the above marks or labels, shall check the relevant supporting documents and retain copies thereof. If the client fails to provide such documentation, the printer shall decline the order.
The copies of supporting documents shall be retained for a period consistent with the product's shelf life or service life and in any case, not less than two years.
Printers shall not supply the marks, labels, packaging, or other printed items listed in the preceding paragraph to any party other than the client.
If the State has other provisions on printers, printers shall comply with those provisions.
Article 27 Producers shall establish a system for inspecting and verifying raw materials. They shall check the business qualifications of suppliers, verify the quality certificates and labels of raw and auxiliary materials, and maintain the purchase ledger of raw and auxiliary materials and spare parts to ensure that the raw and auxiliary materials and related inputs used meet the requirements of laws, regulations, mandatory standards or technical specifications of Zone.
Producers shall establish product production information archives. They shall accurately record the source and use of raw and auxiliary materials, production process, production batch number, inspection results and other information to achieve traceability management of the products produced.
The purchase ledgers of raw and auxiliary materials and spare parts and production information archives shall be retained for a period consistent with the product's shelf life or service life and in any case, not less than two years.
No products shall be released for distribution or sold without undergoing or passing the inspection. If a producer lacks inspection capability, it shall engage a qualified inspection body to carry out the inspection.
Article 28 Sellers shall establish a purchase inspection policy and maintain a product purchase ledger. They shall check the business qualifications of suppliers, verify the product quality certificates and labels, and accurately record the product details including name, place of origin, specifications, quantity, supplier and its contact information, purchase time, production batch number, and production date. Sellers shall not sell products without a product quality certificate.
In addition to the preceding paragraph, sellers engaged in product wholesale shall establish a product sales ledger to accurately record the product type, place of origin, specifications, quantity, and distribution.
Producers who sell self-manufactured products in centralized trading markets shall establish product sales ledgers, with reference to the regulations applicable to wholesalers.
The product purchase ledger and sales ledger shall be retained for a period consistent with the product's shelf life or service life, and in any case, not less than two years.
Article 29 Where a producer discovers that its products have potential safety hazards that may pose risks to human health or personal or property, it shall proactively initiate a product recall and report the matter to the relevant functional department. When implementing product recalls, the responsible entity shall promptly publicize the relevant information through newspapers, radio, internet, television or other media, notify sellers to cease sales, and advise consumers to discontinue use. Upon receiving a sales cessation notice, the seller shall immediately halt sales of the product.
The producer shall create a detailed register of recalled products and rectify their safety defects. Where corrections are not feasible, the products shall be destroyed or subjected to appropriate harmless technical treatment.
Article 30 Information on product recall shall include:
(1) Product information of defective items, including name, type, model, batch, and production date;
(2) Recall information including method, scope, time and cost allocation of defective products;
(3) Recall implementing entity and its contact information;
(4) The population likely to be affected, severity or degree of emergency; and
(5) Other contents required by laws and regulations.
Article 31 Where a producer fails to initiate a mandatory recall as required by relevant provisions, the municipal department shall, pursuant to a recall order or public notice issued by the superior department, supervise the producer and seller in executing the recall provisions, and monitor the producer's implementation of safety defect corrections. Where corrections are not feasible, the department shall oversee the destruction or necessary harmless technical treatment of the products.
Article 32 If a seller finds any potential safety hazards in the product it sells that may cause damage to human health, or personal or property safety, it shall immediately stop selling the product, notify the producer or supplier, and report the case to the relevant functional departments.
Article 33 Producers and sellers shall not make false advertising about product quality through advertisements, product descriptions, or any other means.
Producers and sellers shall not forge or tamper with inspection data, inspection conclusions or other product quality certificates.
Article 34Operators of centralized trading markets, lessors of counters, and organizers of trade fairs/exhibitions shall examine the business qualifications of on-site sellers, clarify the product quality responsibilities between themselves and the sellers, regularly inspect the sellers’ operating conditions, safety management policies and products, and promptly stop and immediately report to the department if on-site any violations of these Regulations are observed among the sellers.
Operators of centralized trading markets, lessors of counters and organizers of trade fairs/exhibitions shall bear joint and several liability if they fail to perform the obligations prescribed in the preceding paragraph, resulting in product quality accidents in their markets.
Article 35 Operators in service industries such as hotels, restaurants, entertainment, beauty, and maintenance shall, when engaging in operation activities, use products that comply with the product quality standards prescribed by laws and regulations, and establish a purchase inspection policy and a purchase ledger policy in accordance with Article 28 of these Regulations.
Article 36 Operators engaged in service industries such as product storage, safekeeping and transportation shall record and verify the client's business qualifications and relevant product quality certificates and product labels to ensure that product storage, safekeeping and transportation conditions meet the requirements and maintain product quality.
No organization or individual shall provide site, storage, safekeeping, transportation or other services for producers and sellers of products prohibited from production or sale by these Regulations.
Article 37 Consumers have the right to inquire with producers or sellers regarding quality issues of purchased products, and the producers or sellers shall provide timely responses.
Article 38 Producers and sellers are encouraged to purchase quality defect liability insurance to improve the compensation capacity for product quality infringement damages.
Chapter IV Supervision and Administration of Product Quality
Article 39 The supervision and inspection of product quality shall be conducted through a mix of random sampling, routine patrol, and special inspection, with random sampling being the primary method.
Random sampling of product quality shall be carried out in accordance with the relevant laws, regulations and rules and the implementation specifications for random sampling of product quality.
Article 40 The municipal department and other relevant departments shall organize the formulation of the catalog of key products for municipal random sampling and their implementation specifications, publish them on the government website in the first quarter of each year, and may dynamically adjust the catalog of key products for municipal random sampling in accordance with the actual supervision situation, market changes, social needs, and other factors.
In formulating the implementation specifications for random sampling of key products, the municipal department shall specify the random sampling procedures, inspection standards, inspection items and judgment rules by referring to the national implementation specifications for random sampling of product quality.
The samples for inspection shall be randomly selected from the products to be sold in the market or in the finished product warehouse of the enterprise.
Article 41 The catalog of key products for random sampling shall include:
(1) Children's toys and other children's articles;
(2) Food and food-related products;
(3) Similar products of the same producer that have been identified as unqualified twice within three years;
(4) Important industrial products that affect the national economy and people’s livelihood;
(5) Other key products that shall be subject to random sampling as stipulated by laws and regulations.
On the premise of not overlapping with the products under national random sampling, the department shall increase the frequency and batches of sampling for the products included in the catalog of key products for random sampling.
Article 42 During the random sampling of product quality, product quality shall be judged based on:
(1) National standards, industry standards, local standards, technical specifications of Zone or enterprise standards made public by self-declaration;
(2) The product identification, contents expressly stated in the product description, quality status indicated in the product advertisement or physical sample, product quality commitments, and quality provisions in the contract;
(3) Other provisions of laws and regulations.
Article 43 The department may exercise the following functions and powers while supervising and inspecting product quality:
(1) To carry out the on-site inspection of production and sales places;
(2) To inspect the products suspected of being illegally produced and sold;
(3) To question the inspected parties, interested parties and witnesses under inspection, and require the party to submit supporting materials and relevant information;
(4) To inquire about, duplicate, legally seal up and detain the agreements, account books, bills, documents, records, business telegrams and relevant materials related to illegal acts;
(5) To order the suspension of production and sale of the products suspected of violating laws, and the provision of the quantity and information of the products produced, sold and stored;
(6) To seal up or detain in accordance with the law the products that do not conform to mandatory standards, or technical specifications of Zone or have other serious quality problems, as well as the raw and auxiliary materials, packaging materials and production tools directly used for the production and sale of such products; and
(7) Other functions and powers stipulated by laws and regulations.
Article 44 The items confiscated in accordance with these Regulations shall be destroyed under the supervision of the administrative department imposing the punishment in accordance with relevant provisions after approval by the municipal finance department if they may endanger human health or personal and property safety and have no recycling value. If such items can be used or have recycling value, they shall be auctioned or sold by the municipal finance department in accordance with relevant provisions after the illegal state is eliminated, and the proceeds shall be turned over to the national treasury; if such items are not suitable for auction or sale, or their auction or sale fails to conclude, they may be donated to public welfare undertakings in accordance with provisions.
Article 45 For property sealed up, detained or to be returned in accordance with these Regulations, if the owner cannot be identified, a claim announcement with a time limit of 60 days shall be issued. If no one claims such property during the expiration of the announcement period, the municipal finance department shall auction or sell it in accordance with relevant provisions, and the proceeds shall be turned over to the national treasury.
Article 46 Samples for inspection shall be provided free of charge by the inspected person, and the number of samples shall not exceed the reasonable needs of the inspection, except as otherwise provided by laws and regulations.
No inspection fees shall be charged from the inspected person with respect to random sampling. The expenses required for random sampling shall be included in the departmental budget.
Article 47When implementing random sampling of product quality, the municipal department may, in accordance with relevant provisions, entrust a product quality inspection body established in accordance with the law to conduct the sampling and inspection. The entrusted product quality inspection body may carry out the sampling and inspection in the name of the entrusting department within the scope of entrustment.
Producers and sellers shall not refuse the random sampling carried out in accordance with the law.
Article 48 If a producer or seller has any objection to the results of random sampling, it shall, within 15 days from the date of receipt of the results, submit an application for re-inspection to the department implementing random sampling or the superior product quality supervision department; if the application for re-inspection is not submitted within the prescribed time limit, it shall be deemed as no objection.
The department implementing random sampling shall conduct the re-inspection within five days upon receipt of the application for re-inspection. If re-inspection is required, a product quality inspection body shall be designated to conduct the re-inspection, and a re-inspection conclusion shall be made within 15 days upon receipt of the re-inspection results issued by the product quality inspection body.
Article 49 The re-inspection shall be undertaken by another product quality inspection body or the original product quality inspection body; if the re-inspection is carried out by the original product quality inspection body, the original inspection personnel shall withdraw.
In case of non-destructive inspection, in principle, the original inspected sample shall be re-inspected; in case of destructive inspection, the reserved sample shall be re-inspected without re-sampling; If the reserved samples kept by the inspected entity are damaged or their tamper-evident labels are damaged, the application for re-inspection shall not be accepted.
If the re-inspection conclusion shows that the sample is qualified, the re-inspection expenses shall be disbursed from the funds for random sampling; if the re-inspection conclusion shows that the sample is unqualified, the re-inspection expenses shall be borne by the producer or seller applying for re-inspection.
Article 50 If a product under random sampling is unqualified, the department implementing random sampling shall order its producer or seller to make corrections within a specified time limit. After rectification, the producer or seller shall submit the application for re-inspection to the department implementing random sampling. The product can leave the factory and be released for sale only after passing the re-inspection.
Article 51 The municipal department shall establish a system of recording quality-related violations by producers and sellers, publicize the handling results in accordance with the law, and incorporate them into the credit reporting system in accordance with regulations.
Article 52 The municipal department shall release the quality of products under its random sampling to the public every month through the government website and bulletin.
The municipal department shall issue an annual product quality report to the public every
Article 53 The quality of children's toys and other children's products, food and food-related products, and other products related to human health or personal safety shall be announced to the public in a timely manner.
Chapter V Legal Liability
Article 54 Anyone who violates these Regulations in any of the following circumstances shall be ordered by the department to make corrections within a prescribed time limit; if it fails to do so, it will be fined RMB 5,000:
(1) In the absence of national standards, industry standards, local standards or technical specifications of Zone for the products, the producer fails to formulate enterprise product standards; or
(2) The producer fails to make public its enterprise product standards by self-declaration in accordance with the law;
For the circumstances listed in the preceding paragraph, if there are other provisions in laws and regulations, such provisions shall prevail.
Article 55 If a product quality inspection body which has not passed the assessment or been approved, in violation of Article 16 of these Regulations, issues the certified data to the public, the department will announce that its inspection data is invalid and confiscate the inspection fees collected illegally; if the inspection fees are less than RMB 10,000, a fine of RMB 30,000 will be imposed; if the inspection fees are more than RMB 10,000, a fine of three times the inspection fees will be imposed; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 56 In case of any violation of Item 1 or 3 of Article 19 of these Regulations, the department will order corrections, and impose a fine of RMB 50,000 on the entity, and RMB 5,000 on the persons directly in charge and other persons directly responsible; the illegal proceeds, if any, will be confiscated concurrently; if the circumstances are serious, the inspection qualifications and certification qualifications of the entity will be canceled, and the practicing qualifications of certification personnel will be revoked, in accordance with the law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
In case of any violation of Item 2 of Article 19 of these Regulations, the department will order corrections, and impose a fine not less than RMB 50,000 but not more than RMB 100,000 on the entity, and not less than RMB 30,000 but not more than RMB 50,000 on the persons directly in charge and other persons directly responsible; the illegal proceeds, if any, will be confiscated concurrently; if the circumstances are serious, the inspection qualifications and certification qualifications of the entity will be canceled, and the practicing qualifications of certification personnel will be revoked; if a crime is constituted, criminal liability will be pursued in accordance with the law.
In case of any violation of Item 4 or 5 of Article 19 of these Regulations, the department will order suspension of business operation for rectification, and impose a fine of RMB 20,000 on the entity, and RMB 3,000 on the persons directly in charge and other persons directly responsible; if the circumstances are serious, the approval document will be revoked, which will be made public; the illegal proceeds, if any, will be confiscated concurrently; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 57 In case of any violation of Article 23 or 25 of these Regulations, the department will order the producer or seller to stop production or sales, confiscate the illegal products, and impose a fine of three times the value of the illegally produced or sold products; the illegal proceeds, if any, will be confiscated concurrently; if the circumstances are serious, the business license will be revoked in accordance with the law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 58 In case of any violation of Item 1 of Article 24 of these Regulations, the department will order the producer or seller to stop production or sales, confiscate the illegal products and illegal proceeds, and impose a fine equal to 50% of the value of products; in case of any violation of Item 2 of Article 24 of these Regulations, a fine of three times the value of products will be imposed; if the circumstances are serious, the business license will be revoked in accordance with the law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 59 Anyone who violates Paragraph 1 or 3 of Article 26 of these Regulations will be punished in accordance with the relevant laws and regulations such as the Administrative Regulations on Printing Industryand the Regulations of Shenzhen Special Economic Zone
Anyone who violates Paragraph 2 of Article 26 will be ordered to make corrections and fined RMB 3,000 by the department.
Article 60 Anyone who violates Article 27 or 28 of these Regulations will be ordered by the department to make corrections within a prescribed time limit; if it fails to do so, it will be fined RMB 3,000.
Article 61 If a producer or seller, in violation of Article 29 of these Regulations, fails to recall products in accordance with state provisions, the department will order the producer or seller to make corrections and impose a fine of three times the value of products on the producer or RMB 10,000 on the seller; if the circumstances are serious, the permit and business license will be revoked in accordance with the law.
Article 62 Anyone who violates Paragraph 1 of Article 33 of these Regulations will be punished in accordance with the Advertising Law of the People’s Republic of Chinaand other relevant laws and regulations.
In case of any violation of Paragraph 2 of Article 33 of these Regulations, the department will order corrections, confiscate the illegal proceeds and products illegally produced and sold, and impose a fine of RMB 10,000; if the circumstances are serious, a fine of three times the value of products will be imposed.
Article 63 Anyone who violates Article 34 of these Regulations will be fined RMB 50,000 by the department; if the circumstances are serious, it will be ordered to suspend business operation for rectification, and its business license will be revoked in accordance with the law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 64 If an operator in service industries such as hotels, restaurants, entertainment, beauty, and maintenance, in violation of Article 35 of these Regulations, uses products that do not meet the product quality standards prescribed by laws and regulations when engaging in operation activities, it will be punished in accordance with Article 57 of these Regulations; if it fails to establish a purchase inspection policy and a purchase ledger policy, it will be punished in accordance with Article 60 of these Regulations.
Article 65 Anyone who violates Paragraph 1 of Article 36 of these Regulations will be ordered to make corrections and fined RMB 3,000 by the department.
Anyone who violates Paragraph 2 of Article 36 of these Regulations will be punished in accordance with the Regulations of Shenzhen Special Economic Zone on Severely Cracking Down on Illegally Producing and Selling Counterfeit and Fake Goodsand other relevant laws and regulations.
Article 66 If a producer or seller refuses the supervision and inspection of product quality, the department will give it a warning and order it to make corrections; if it refuses to make corrections, it will be ordered to suspend business operation for rectification and fined RMB 10,000; if the circumstances are serious, its business license will be revoked in accordance with the law.
Whoever unseals, conceals, transfers, destroys, sells or damages the sealed products without authorization will be fined three times the value of the products that have been unsealed, concealed, transferred, destroyed, sold or damaged; the illegal proceeds, if any, will be confiscated concurrently; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 67 In case of any violation of Article 46 of these Regulations, the relevant fees will be immediately refunded and the administrative liability of the persons directly in charge and other persons directly responsible will be pursued in accordance with the law.
Article 68 If a producer or seller, in violation of Article 50 of these Regulations, fails to apply for re-inspection within the prescribed time limit or still fails to pass the re-inspection, the department will order it to suspend business operation for rectification within 30 days and impose a fine of RMB 30,000 on it; if it still fails to pass the re-inspection after the expiration of the rectification period, the relevant certificates and licenses will be revoked in accordance with the law, with a report submitted to the relevant departments.
Article 69 If a producer, in violation of Article 31 of these Regulations, fails to initiate a mandatory recall as required by the relevant provisions, the department shall, pursuant to a recall order or public notice issued by the superior department, impose a fine of five times the value of the recalled products on it; if it fails to carry out rectification of safety defects, destruction or harmless technical treatment in accordance with provisions, it will be ordered to make corrections and fined RMB 30,000; if it violates relevant laws and regulations, it will be punished in accordance with relevant laws and regulations.
Article 70 If a person knowingly produces or sells a product with defects, causing the death or serious harm to the health of others, the infringed has the right to claim corresponding punitive damages from the people’s court in accordance with the law.
Article 71Where the department or any other relevant department, in violation of these Regulations, recommends products to the public or participates in the operation of products by means of supervision over production and sales, its superior department will order it to make corrections and eliminate the impact; the illegal proceeds, if any, will be confiscated, and administrative liability will be pursued in accordance with the provisions on the pursuit of administrative fault liability.
Article 72 Where an administrative department or any of its staff falls under any of the following circumstances, administrative liability will be pursued in accordance with the provisions on the pursuit of administrative fault liability: if a crime is constituted, criminal liability will be pursued in accordance with the law:
(1) Harboring or conniving at acts in product production or sales that violate the provisions of these Regulations;
(2) Disclosing information to parties engaged in production or sales activities that violate the provisions of these Regulations and helping them evade investigation and punishment; or
(3) Obstructing or interfering with the department’s lawful investigation and handling of acts in product production or sales that violate the provisions of these Regulations.
Article 73 Where an administrative department or any of its staff abuses power, neglects duties, or engages in malpractice for personal gain, administrative liability will be pursued in accordance with the provisions on the pursuit of administrative fault liability; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Chapter VI Supplementary Provisions
Article 74 For the purpose of these Regulations, “producers” refer to the organizations or individuals that process or manufacture products or clearly indicate their names or designations on product packaging.
For the purpose of these Regulations, “sellers” refer to the organizations or individuals that sell products, including those that sell products by way of general distribution, general agency or sale on consignment.
For the purpose of these Regulations, “value of products” refers to the value of all sold and unsold products operated by producers and sellers in violation of laws and regulations. The value of products shall be calculated based on the labeled price of the illegally produced and sold products. Where no labeled price exists, the calculation shall be based on the median market price of similar qualified products. If it is difficult to determine the value of products, an appraisal shall be commissioned from a legally established price authentication institution.
Article 75 These Regulations shall come into force on February 1, 2012.
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