Regulations on product quality responsibility of t

2022-09-28
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Regulations on the quality of industrial products

(issued by the State Council on April 5, 1986)

Chapter I General Provisions

Article 1 These Regulations are formulated in order to clarify the quality of industrial products (hereinafter referred to as products), safeguard the legitimate rights and interests of users and consumers (hereinafter referred to as users), ensure the healthy development of planned commodity economy, and promote the socialist modernization drive

Article 2 product quality refers to the requirements of relevant national regulations, quality standards and contracts for product applicability, safety and other characteristics. Product quality refers to the product quality that should be borne after causing losses to users because it does not meet the above requirements

Article 3 the national standardization department is responsible for formulating unified national standards. National standards should not be lower than international standards. National standards can be graded. The competent department of the enterprise shall stipulate the time limit for the production enterprise to reach the highest level of the national standard. The national price department shall price according to quality according to standard grades

Article 4 the production, storage, transportation and distribution enterprises of products must undertake the quality of products in accordance with the provisions of these regulations

all departments and regions, especially the competent authorities of enterprises, must strictly manage product quality, supervise relevant enterprises to adhere to the policy of quality first, ensure product quality and undertake quality; Those who fail in management and supervision shall also bear joint and several liabilities

Article 5 quality supervision institutions and administrative departments for Industry and commerce must supervise product quality and safeguard the interests of users

Article 6 the certificate of conformity, instructions, quality marks, certification marks, etc. of the product must be consistent with the actual quality level of the product

the description of product quality in the product advertisement must conform to the actual quality of the product

Article 7 all production and distribution enterprises must strictly implement the following provisions:

(1) unqualified products are not allowed to leave the factory and sell

(2) unqualified raw materials and parts are not allowed to be fed and assembled

(3) products that have been eliminated by the state are not allowed to be produced and sold

(4) products without product quality standards and without inspection by quality inspection institutions are not allowed to be produced and sold

(5) fraud, shoddy goods, forged trademarks and fake famous brands are not allowed

all production and distribution enterprises are not allowed to use matching means to promote products. Chapter II quality of product production enterprises Article 8 the production enterprises of products must ensure that the product quality meets the requirements of relevant national regulations, quality standards and contract provisions

the production enterprises of products must establish a strict, coordinated and effective quality assurance system, and clarify the rules. Ceramic particles are more environmentally friendly to determine the quality of products

the enterprise must ensure that the quality inspection institution can independently exercise the authority of supervision and inspection; Retaliation against quality inspectors is strictly prohibited

Article 9 before leaving the factory, the products must meet the following requirements:

(I) meet the quality requirements specified in Article 2 of these regulations, and peek, the inspection organization and inspector, has abandoned the defects of conventional skull repair materials such as plexiglass, bone cement, titanium alloy, etc., such as strong rejection reaction, poor shaping effect, poor heat insulation effect, poor comfort, poor postoperative X-ray permeability, and the product inspection certificate signed by the inspector

(II) according to different characteristics, there are text descriptions such as product name, specification, model, composition, content, weight, usage, production batch number, ex factory date, manufacturer, address, product technical standard number, etc. For products used within a limited time, the expiration time shall be indicated. High quality products must be marked

(III) products with production license system shall have license number, approval date and validity period

(IV) in addition to meeting the requirements of items (I), (II) and (III) of this article, machines, equipment, devices, instruments and durable consumer goods should also have detailed product instructions. The contents include: technical and economic parameters, service life, scope of use, warranty period, installation method, maintenance method and storage conditions, technical maintenance and overhaul period of the product, and other effective data related to product design parameters. Electrical products should be attached with circuit diagrams and schematic diagrams

(V) the packaging must comply with relevant national regulations and standards. Products that are highly toxic, dangerous, fragile, afraid of pressure, need moisture protection, and are not allowed to be upside down must have obvious indication signs and storage and transportation precautions on the inner and outer packaging. The actual weight (net weight and gross weight) must be indicated on the product package

(VI) products using trademarks and grading shall have trademarks and grading marks on products or packages

(VII) comply with the requirements of national safety, health, environmental protection, measurement and other laws and regulations

Article 10 "treated products" that fail to reach the grade specified in the relevant national standards and still have use value can be sold at a reduced price only after being approved by the competent authority of the enterprise, and the words "treated products" must be clearly marked on the products and packages

products that violate the requirements of national safety, health, environmental protection, measurement and other laws and regulations must be destroyed in time or undergo necessary technical treatment, and shall not enter the market as "treated products"

do not use "treated products" to produce and assemble products for sale

Article 11 when the quality is found not to meet the requirements of Article 2 within the product warranty period, the product manufacturer shall bear the quality for users and distribution enterprises according to different circumstances:

(I) if general parts and components of the product fail and can be restored to use requirements after replacement, it shall be responsible for repairing on schedule

(II) if the main parts and components of the product are invalid and cannot be repaired on schedule, it shall be responsible for replacing the qualified ones

(III) if the main functions of the product do not meet the requirements of Article 2 due to design, manufacturing and other reasons, and the user requests to return the goods, he shall be responsible for returning the payment for goods

(IV) if economic losses are caused, it shall also be responsible for compensating the actual economic losses

(V) when the maintenance service or distribution enterprise is responsible for the after-sales technical service of the product to make it coincide with the main needle, the production enterprise must provide sufficient spare parts, spare parts and necessary technical support according to the after-sales technical service contract. Chapter III quality of product storage and transportation enterprises Article 12 storage, transportation and loading and unloading enterprises must store, transport and load and unload in accordance with the relevant provisions of the state and the storage and transportation requirements marked on the product package

Article 13 the storage and transportation enterprises shall strictly implement the handover and acceptance system and clarify the quality in accordance with the relevant national regulations when the products are stored in or out of the warehouse, transported or delivered. In case of product damage caused by storage, transportation and loading and unloading, the storage, transportation and loading and unloading enterprises shall bear the responsibility respectively and compensate for the economic losses in accordance with the relevant provisions of the state. Chapter IV quality of product distribution enterprises Article 14 when purchasing goods, the distribution enterprises shall conduct acceptance of products to clarify the quality of products. The products sold by distribution enterprises must comply with the provisions of Articles 7 and 9 of these regulations

Article 15 if the quality of the products sold by the distribution enterprise is found not to meet the requirements of Article 2 within the warranty period, the distribution enterprise shall be responsible for the repair, replacement, return and compensation for the actual economic losses of the users. Chapter V Supervision and management of product quality article 16 all quality supervision institutions, in accordance with the relevant provisions of the state, independently organize or jointly with the administrative department for Industry and commerce, the competent departments of various industries, and the competent departments of enterprises to carry out regular supervision and random inspection of the production, storage, transportation, and distribution of products, and regularly publish the quality status of the products. Enterprises must truthfully provide sampling samples and provide convenience in terms of testing means and working conditions

in addition to the existing regulations of the state, the quality supervision institutions are not allowed to charge enterprises for random inspection of products, so as to ensure the impartiality of the supervision institutions. The cost of technical measures and testing required by the quality supervision organization shall be allocated by the state or local finance according to the actual needs

economic committees at all levels are responsible for leading, organizing and coordinating quality supervision and management

Article 17 The competent departments of the industry and enterprises at all levels are responsible for the management of the product quality of the industry. Their duties are: to formulate or participate in the formulation of relevant product quality standards and relevant rules and regulations within the scope of authorization, to be responsible for the supervision and management of product quality, to urge enterprises to ensure product quality, and to improve the quality assurance system; Organize the issuance of production licenses

Article 18 social supervision shall be carried out on product quality. Users can make quality inquiries to product production, storage and transportation, and distribution enterprises; Social organizations can assist users to participate in the mediation and arbitration of quality disputes, and support users to sue in the people's court

Article 19 users can send representatives to the production enterprise to supervise the production process and product quality on site according to the agreement of both parties. Chapter VI handling of product quality disputes Article 20 in case of disputes over product quality, if there is an economic contract, the relevant provisions of the economic contract law shall prevail; In the absence of a contract, either party to the dispute may apply to the relevant quality supervision institution for mediation, or bring a lawsuit to the people's court

Article 21 in case of any dispute over the technical inspection data of product quality, the parties or the mediation and arbitration institutions may entrust the legal quality inspection unit to conduct the arbitration inspection, and the quality inspection unit shall be responsible for the arbitration inspection data provided

Article 22 Unless otherwise stipulated by the state, the arbitration request and lawsuit of quality shall be filed within one year from the date when the parties know or should know that their rights and interests are damaged. When the product quality party is willing to bear it, it is not subject to the limitation of time. Article 23 If the product quality of an enterprise fails to meet the standards set by the state, the competent authority of the enterprise shall order it to rectify within a time limit. If it is still invalid after rectification, the competent authority of the enterprise shall order it to stop production or change production until it recommends the relevant competent authority to revoke its production license and revoke its business license. During the period of rectification, the competent authority of the enterprise may withhold the bonuses and wages of the person in charge and employees of the enterprise according to different circumstances

Article 24 If a production and distribution enterprise violates the provisions of these regulations and commits one of the following acts, the competent authority of the enterprise shall impose administrative sanctions on the person in charge of the enterprise and the direct person. The enterprise that does not focus on supporting the research and development, production, processing and manufacturing of aluminum plates, foils, forgings, castings, and profiles shall collect all its illegal income, and impose a fine equivalent to 15% to 20% of the illegal income depending on the seriousness of the case, Until the judicial organs investigate the law

(1) producing and distributing adulterated products and fake products, and passing "processed products" as qualified products

(2) production and distribution of products with hidden factory name and address

(III) produce and distribute products without product inspection certificate

(4) produce and distribute products that have been officially eliminated by the state

(V) produce and distribute products for which the State implements the production license system but fails to obtain the production license upon expiration

(VI) production and distribution of products produced or assembled with unqualified raw materials and parts

(VII) produce and distribute products that violate the requirements of national safety, health, environmental protection, measurement and other laws and regulations

(VIII) selling expired products

all fines and confiscations shall be handed over to the state treasury

Article 25 when the production and distribution enterprises are found to have the behaviors listed in Article 24 in the quality supervision and random inspection, the quality assurance department shall

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