"The people's Republic of China made quality law"

Adopted at the thirtieth meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993

(according to the sixteenth meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000

"On the revision of the people's Republic of China product quality law" decision "Amendment)

Chapter 1 General Provisions

Article 1 in order to strengthen the supervision and administration of product quality, improving the quality of products, to define the liability for product quality, protecting the legitimate rights and interests of consumers, to maintain social and economic order, the enactment of this law.

Second is engaged in the production and sale of products in the territory of People's Republic of China, must abide by this law.

Referred to in this Law means the product is processed and manufactured for sale of products.

This Law shall not apply to construction project; however, the construction materials, construction parts and equipment, belonging to the scope of the provisions of the preceding paragraph, the provisions of this law are applicable.

Third producers and sellers shall establish and improve internal product quality management system, strict implementation of quality standards for jobs, the quality responsibility and corresponding assessment methods.

Fourth producers and sellers according to the provisions of this law are responsible for the product quality.

Fifth forbids forged or fraudulent use of certification marks and other quality marks; it is prohibited to forge the origin of a product, fake or use the names and addresses of other factories; prohibited in the production and sales of products adulterated, fake, shoddy.

Sixth state shall encourage the implementation of scientific quality management methods, the use of advanced science and technology, encourage enterprises to product quality meet and exceed industry standards, national standards and international standards.

On advanced product quality management and product quality to the units and individuals of remarkable achievements, the international advanced level, reward.

Seventh People's governments at all levels should take the improvement of product quality into the national economic and social development planning, strengthen overall planning and organization of the work of product quality, guide and urge producers and sellers to enhance product quality management, improve product quality, organize the relevant departments to take measures to stop the violation of the provisions of this law, the production and sale of products in behavior, ensure the implementation of this Law by.

Eighth Quality Supervision Department of the State Council in charge of the national product quality supervision work. The relevant departments under the State Council shall be responsible for the supervision of product quality within the scope of their respective duties.

The quality supervision department at or above the county level in charge of the products within the administrative area of the product quality supervision work. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision of product quality within their respective areas of responsibility.

Unless otherwise specified legal supervision department of the quality of products, in accordance with the provisions of relevant laws.

The staff Ninth People's governments at all levels of staff and other state organs shall not breach of privilege, dereliction of duty or favoritism, the harbor, the region, the system of indulgence in the production and sale of products in violation of the provisions of this law, or obstruct or interfere in accordance with the law in violation of the provisions of this Law in the production and sale of products to investigate the conduct of.

Local people's governments at all levels and other state organs have harbored, indulge in the production and sale of products act in violation of this law, shall be investigated for the main person in charge of legal liability according to law.

Tenth of any units and individuals have the right to act in violation of this law, report to the product quality supervision department or other relevant departments.

Product quality supervision department and the relevant departments shall maintain confidentiality and give rewards in accordance with the provisions of the province, autonomous region, municipality directly under the central government.

Eleventh quality no units or individuals may exclude the region or the system of enterprise production of qualified products to enter the local area, this system.


The second chapter is the supervision of product quality.

Twelfth product quality should be qualified, not by unqualified products as qualified products.

Thirteenth may endanger human health and personal and property safety of industrial products, must comply with the protection of human health and personal and property safety of the national standards and trade standards; no national standards, industry standards, must comply with the protection of human health and personal and property safety requirements.

Prohibit the production, sales do not meet the protection of human health and personal and property safety standards and requirements of industrial products. The specific administrative measures shall be formulated by the state council.

Fourteenth countries according to the current international standard of quality management, the implementation of enterprise quality system authentication system. According to the voluntary principle, the enterprise shall apply to the department authorized by the product quality supervision department of the State Council or the department authorized by the product quality supervision department of the State Council to apply for the enterprise quality system certification. After the certification of qualified, issued by the certification body enterprise quality system certification.

According to the requirements of the international advanced product standards and technical countries, the implementation of product quality certification system. According to the voluntary principle, the enterprise shall apply to the department authorized by the product quality supervision department of the State Council or the department authorized by the product quality supervision department of the State Council to apply for product quality certification. After the certification of qualified, the certification body certification issued by the product quality certification, allowing enterprises to use product quality certification mark on the product or its packaging.

Fifteenth countries on the implementation of product quality to checks as the main mode of supervision and inspection system, that may endanger human health and personal and property safety of the product, and the influence of important industrial products beneficial to the people's livelihood consumers or relevant organizations reflect the quality of the products to conduct random checks. The samples shall be randomly selected from the product in the market or in the finished product warehouse. The supervision and inspection work shall be planned and organized by the Department of product quality supervision under the state council. Local product quality supervision departments at or above the county level may also organize and supervise the inspection of the administrative regions. Laws and other provisions of the law on product quality supervision and inspection, in accordance with the provisions of the relevant laws and regulations.

State supervision and inspection of products, where shall be repeated inspection; supervision and checking of the products, at a lower level shall not be subject to repeated checks.

According to the needs of the supervision and inspection of product can be carried out. The number of samples collected shall not exceed the reasonable requirements of the inspection, and shall not charge the inspection fee for the inspection. The expenses thus incurred shall be disbursed in accordance with the provisions of the state council.

The results of producers and sellers on the inspection object, within fifteen days of the implementation of supervision of product quality supervision department or its superior product quality supervision departments may apply for re examination since the receipt of the inspection result, accepted by the product quality supervision department inspection to recheck conclusion.

Sixteenth of the carried out in accordance with the product quality supervision and inspection, producers and sellers shall not refuse.

Seventeenth supervision and inspection in accordance with the provisions of the product quality standards, the implementation of supervision by the product quality supervision department shall order it to make corrections to producers and sellers. If not corrected, will be announced by the people's governments at or above the provincial level product quality supervision departments; after the announcement by the review still unqualified, shall be ordered to suspend business for rectification; rectification after the expiration of the review of product quality is still not qualified, its business license shall be revoked.

Supervision products have serious quality problems, shall be punished in accordance with the relevant provisions of this Law in chapter fifth.

Eighteenth according to the product quality supervision department at or above the county level has been suspected of illegal evidence or report on alleged violations of the provisions of this law when investigating the acts, may exercise the following functions and powers:

, 1 of the party is suspected of engaging in violation of this Law in the production and sales activities to implement on-site inspection;

To 2, the legal representative, the main person in charge and other related personnel investigation and suspected of violating this Law in the production and sale of the situation;

3, consult and copy the relevant parties of the contracts, invoices, account books and other relevant materials;

4, according to the is not in accordance with the protection of human health and personal and property safety of the national standards, industry standard products or other serious quality problems, and directly used for the production and sale of products of raw materials, packaging materials and production tools, to be seized or detained.

At or above the county level administrative departments of industry and Commerce in accordance with the scope of duties prescribed by the State Council, on suspicion of violation of the provisions of this law when investigating the acts may exercise the powers prescribed in the preceding paragraph.




Nineteenth product quality inspection institutions must have appropriate testing facilities and capabilities, passed the examination of the product quality supervision department of the provincial people's government or its authorized departments, we can assume product quality inspection work. Laws, administrative regulations and other provisions of the product quality inspection institutions, in accordance with the relevant laws and administrative regulations, the provisions of the implementation.

Twentieth is engaged in the test and certification of product quality of social intermediary organizations shall be established in accordance with law, there is no affiliation or other interests with administrative organs and other state organs.

Twenty-first product quality inspection institutions, certification bodies must be in accordance with the relevant standard, objective and impartial conclusions or certifications.

Product quality certification institution shall conduct follow-up inspection certification to permit the use of the product certification mark in accordance with state regulations after; do not meet the certification standards and the use of the certification mark, requiring rectification; if the circumstances are serious, cancel the qualification of the use of the certification mark.

Twenty-second consumers have the right product quality problems, inquiries to the producers and sellers; appeal to the product quality supervision department, the administrative department for Industry and Commerce and other relevant departments, the Department shall be responsible for handling the complaints received.

Twenty-third to protect consumers' rights and interests of social organizations can consumers reflect the quality of products recommended that the relevant departments responsible for processing, support of consumer product quality caused by damage to the people's court.

Twenty-fourth State Council and of the provinces, autonomous regions and municipalities directly under the people's Government of the product quality supervision department shall regularly publish the supervision and inspection of product quality status bulletin.

Twenty-fifth product quality supervision department or other state organs as well as product quality inspection agency shall not recommend manufacturer's products to the public; not by the product producer, the form of participation in product management activities.

The third chapter responsibilities and obligations of producers and sellers concerning product quality

The responsibility and obligation producers for the quality of their products

Twenty-sixth producers shall be responsible for the quality of its products.

Product quality shall comply with the following requirements:

1 does not exist, endanger personal and property safety of the unreasonable danger, protect human health and personal and property safety of the national standards, industry standards, should meet the standard;

2, products shall have the use of performance, however, except to explain the product has the defects of the property;

3, in line with indicated on the products or by the packaging of the product standards, agree with the instructions or samples etc..

Twenty-seventh marks on the products or the packages must be true, and meet the following requirements:

1, a certificate of product quality inspection;

2, Chinese marked product name, name and address of the manufacturer;

3, according to the characteristics and requirements for use, to indicate the name and content of product specifications, grade, major ingredients, with corresponding Chinese marked; need to let consumers know, it should be marked on the packaging, or provide relevant information to consumers in advance;

4, limit the use of the product, should be in a prominent position clearly indicate the production date and safe use period or date of expiry;

5, improper use may cause damage to the product itself or may endanger personal and property safety of the product, there should be a warning sign or warning Chinese.

With food and other according to the characteristics of the products are difficult to identify Nude Nude products, product marks may not be attached to.

Twenty-eighth fragile, flammable and explosive, poisonous, corrosive, radioactive and other hazardous substances and products during storage and transportation can not be inverted and other special requirements, the packaging quality must conform to the relevant requirements, in accordance with the relevant provisions of the state or the warning signs warning, marked storage note.

Twenty-ninth producers not obsolete production products.

Thirtieth producer may forge the origin of a product, or fake or use the names and addresses of other factories.

Thirty-first producers shall not be forged or fraudulent use of certification marks and other quality marks.

Thirty-second producers of the production of products, not adulterated, or impurities, shoddy, or substandard products as qualified products.

The responsibility and obligation second sellers concerning product quality

Thirty-third the Seller shall establish and implement a system of quality inspection, verifying the product quality certificates and other marks.

Thirty-fourth sellers shall adopt measures to maintain the quality of sales of products.

Thirty-fifth sellers are not allowed to sell obsolete and stop selling products and invalid or deteriorated products.

Thirty-sixth the marks of seller products shall comply with the provisions of article twenty-seventh of this law.

Thirty-seventh seller may not forge the origin of a product, or fake or use the names and addresses of other factories.

Thirty-eighth sellers are not allowed to fake or fraudulent use of certification marks and other quality marks.

Thirty-ninth sellers selling products, not adulterated, or impurities, shoddy, or substandard products as qualified products.

The fourth chapter damages

Fortieth products sold in any of the following circumstances, the Seller shall be responsible for the repair, replacement and return; causing losses to consumers to buy the product, the Seller shall compensate for the losses:

The use of performance 1, does not have the product should have without any prior explanation;

2, the product does not conform to or marked by the packaging of the product standard;

3, don't agree with the instructions or samples of the.

Seller is responsible for the repair, replacement, return or compensation for damages in accordance with the provisions of the preceding paragraph, the responsibility of the producer or seller to provide other products from the seller (hereinafter referred to as the responsibility of the supplier), the Seller shall have the right to recover losses from the producer or supplier.

Sellers are not in accordance with the provisions of the first paragraph to repair, replacement, return or compensation for losses, a correction by the product quality supervision departments or the administrative department for Industry and Commerce shall order.

Between the sellers, producers, between producers and sellers have different stipulations in the sales contract concluded by the parties to the contract, the contract, in accordance with the provisions of the contract.

Forty-first due to the defects of products caused by any property other than personal and defective products (hereinafter referred to as the property of others) damage, the producer shall be liable for compensation.

Producers can prove one of the following circumstances, shall not be liable for compensation:

, 1 products have not been put into circulation;

2, the product was put into circulation, the defects are non-existent;

, 3 products will be put into circulation of scientific and technical level is not found in the presence of defects.

Forty-second due to product defect caused by the fault of the seller, caused to the property of others, the Seller shall be liable for compensation.

Seller can identify the defective products cannot identify the producers or suppliers of the defective products, the Seller shall be liable for compensation.

Forty-third due to the defects of products caused by human body or property damage, the victim may claim compensation from the producer and may also claim compensation from the seller of the products. The product belongs to the producer responsibility, compensation for the seller, the Seller shall have the right to recover the loss from the producer. Belong to the seller of the product liability, the compensation is paid by the producers, the producers have the right to recourse against the seller.

Forty-fourth due to the defects of products caused by the victims of personal injury, the infringer shall compensate for the medical expenses, nursing expenses, because during the treatment the lost income and other expenses; the cause of disability, disability shall be paid out for self-service fees, living allowance, disability compensation and the maintenance of people the necessary living expenses; resulting in the death of the victim, and shall be required to pay the funeral expenses, death compensation and by the dependents of the dead living expenses.

Damage is caused to the property of a defective product, the infringer shall restitution or compensation for discount. If the victim suffers any other great loss, the person who suffers from it shall be liable for compensation.

Forty-fifth due to the defects of products damage limitation for compensation for a period of two years, since the party knows or should know its rights.

Request the right to claim compensation for damage due to the defects of products delivered to the first consumer in defective product damage caused by the loss of over ten years; however, yet more than the specified safe use period except.

Forty-sixth Defect referred to in this Law refers to products endanger the property of others unreasonable safety risk; products have the protection of human health and personal and property safety of the national standards, industry standards, is not in line with the standard.

Forty-seventh product quality due to civil disputes, the parties can be resolved through consultation or mediation. If the parties are unwilling to settle through consultation or mediation or negotiation or mediation fails, may apply to an arbitration institution for arbitration agreement of the parties; if the parties fail to reach an arbitration agreement or the arbitration agreement is invalid, can be directly to the people's court.

Forty-eighth arbitration institution or the people's court may entrust a product quality inspection institution the nineteenth article of this law, the inspection of product quality.

The fifth chapter penalties

Forty-ninth production, sales do not meet the protection of human health and personal and property safety of the national standards, industry standard products, shall be ordered to stop production and sales, confiscate the illegal production and sales of products, sales of products and the illegal production, (including sold and unsold products, the same below) equivalent to the value of more than three times the fine; if there is illegal income, shall be confiscated; if the circumstances are serious, the business licence shall be revoked; constitutes a crime, shall be investigated for criminal responsibility according to law.

Fiftieth in the product adulterated, fake, shoddy, or substandard products as qualified products, shall be ordered to stop production and sales, confiscate the illegal production and sale of products, and the illegal production and sale of product value by more than fifty percent to three times the fine; the illegal income shall be confiscated.; if the circumstances are serious, the business licence shall be revoked; constitutes a crime, shall be investigated for criminal responsibility according to law.

Fifty-first obsolete production country products, sales of the obsolete and stop selling products, shall be ordered to stop production and sales, confiscate the illegal production and sale of products, and the illegal production and sale of products equivalent to the value of the fine; if there is illegal income, shall be confiscated; if the circumstances are serious. Revoke the business license.

Fifty-second sell invalid or deteriorated products, shall be ordered to stop the sale, the confiscation of illegal sales of products, and the illegal sales value of the products of two times the fine; if there is illegal income, shall be confiscated; if the circumstances are serious, the business licence shall be revoked; constitutes a crime, shall be investigated for criminal responsibility according to law.

Fifty-third forged products, forged or fraudulent use of another person's name and address, forgery or fraudulent use of certification marks and other quality marks, it shall be ordered to make corrections, confiscate the illegal production and sale of products, and the illegal production and sale of products equivalent to the value of the fine; the illegal income shall be confiscated; plot. Serious, its business license shall be revoked.

Fifty-fourth product identification does not comply with the provisions of article twenty-seventh of this law, it shall be ordered to correct; packaging product identification does not conform to the law of article twenty-seventh (four), (five) the provisions, if the circumstances are serious, shall be ordered to stop production and sales, and the illegal production and sale of the product value of the amount of a fine of less than thirty percent; have the illegal income shall be confiscated.

Fifty-fifth seller of the forty-ninth article of this law to the provisions of article fifty-third prohibits the sale of products, there is sufficient evidence to prove that he does not know the products to prohibit the sale of products and truthfully reveals the source, can be given a lighter or mitigated punishment.

Fifty-sixth refused to accept the lawful product quality supervision and inspection, given a warning, ordered to correct; refuse to make corrections, shall be ordered to suspend business for rectification; if the circumstances are especially serious, its business license shall be revoked.

Forged fifty-seventh institutions for product quality inspection or authentication inspection results or issued false certificates, shall be ordered to make corrections, the unit at more than fifty thousand yuan to one hundred thousand yuan fine, and the persons directly in charge and other directly responsible personnel ten thousand yuan to fifty thousand yuan fine; the illegal income shall be confiscated, illegal income; if the circumstances are serious, it shall be disqualified for inspection and certification; constitutes a crime, shall be investigated for criminal responsibility according to law.

Issued by the product quality inspection institutions, certification inspection result or certificate is not real, resulting in the loss, shall bear the corresponding liability for damages; if heavy losses are caused, it shall be disqualified for inspection and certification.

The provisions product quality certification institutions in violation of the second paragraph of article twenty-first of this law, does not meet the certification standards and the use of the certification mark, failing to request the correction or cancel its qualification for the use of certification marks, because the product does not meet the certification standards for consumer losses, bear joint liabilities with the producers and sellers; if the circumstances are serious, revoke the qualification certification.

Fifty-eighth social groups, social intermediary organization commitment, to ensure the quality of products, and the products are not in compliance with its commitments and ensure the quality requirements, thus causing losses to consumers, jointly and severally liable to the producers and sellers.

Fifty-ninth false propaganda on the quality of the product in the advertisement, to deceive and mislead consumers, shall be investigated for legal liability in accordance with provisions of the "law" of the People's Republic of China advertising.

Sixtieth of the producers for the production of the forty-ninth article of this law, the fifty-first listed products or yijiachongzhen products raw materials, packaging materials and production tools shall be confiscated.

Sixty-first knows or should know that the provisions of this law to prohibit the production and sale of products and provide convenient conditions for transportation, storage, warehousing and other it, or to provide products yijiachongzhen counterfeit production technology, transportation, storage, warehousing and confiscation of all counterfeit production technology or provide income, and the illegal income of more than fifty percent three times the fine; constitutes a crime, shall be investigated for criminal responsibility according to law.

Sixty-second operators in the service industry will the forty-ninth article of this law to the provisions of article fifty-second prohibits the sale of products for business services, shall be ordered to stop the use; to know or should know the use of the products belong to the provisions of this law banning the sale of products, in accordance with the illegal use of products (including products used and unused). The value of the amount of punishment, in accordance with this Law shall be punished for the seller.

Sixty-third conceal, transfer, sale, the damage was closed, the product quality supervision department or the administrative department for Industry and Commerce seized articles, by concealment, transfer, sale, damaged goods value equivalent to less than three times the fine; the illegal income shall be confiscated.

Sixty-fourth in violation of this law, shall bear civil liability for compensation and pay fines and penalties, the property is not enough to pay at the same time, the first to bear civil liability.

The staff sixty-fifth people's governments at all levels of staff and other state organs in any of the following circumstances, they shall be given administrative sanctions; constitute a crime, shall be investigated for criminal responsibility according to law:

1, harbor, indulge in the production and sale of products in violation of the provisions of this Law behavior;

2, to engage in violation of the provisions of this Law for the production and sale of parties who tipped off to help her escape from the investigation;

3, obstruct or interfere with product quality supervision departments or the administrative department for Industry and commerce according to the investigation of violation of the provisions of this Law in the production and sale of products behavior, causing serious consequences.

Sixty-sixth product quality supervision departments in product quality supervision over the provisions of the number of sample to be inspected or collect inspection fees, refund by the superior product quality supervision department or the supervisory organ shall order; if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions.

Sixty-seventh product quality supervision department or other state organs in violation of the provisions of this Law Article twenty-fifth, recommend producers to society or participate in business activities in the producer form, by its superior organ or the supervisory organ shall order it to correct and eliminate the impact of illegal income shall be confiscated; if the circumstances are serious, the the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions.

Product quality inspection institutions have illegal acts listed in the preceding paragraph, the product quality supervision department shall order it to correct and eliminate the impact of illegal income shall be confiscated and impose illegal income doubled fined; if the circumstances are serious, it shall be disqualified for quality inspection.

The staff sixty-eighth product quality supervision departments or the administrative department for Industry and Commerce of the breach of privilege, dereliction of duty, which constitutes a crime, criminal responsibility shall be investigated according to law; if no crime is constituted, he shall be given an administrative sanction.

Sixty-ninth by violence or threat obstructs the product quality supervision department or the administrative department for Industry and Commerce of the staff to perform their duties according to law, shall be investigated for criminal responsibility according to law; refuse or obstruct without resorting to violence or threats, by the public security organs in accordance with the regulations on administrative penalties for public security punishment.

Seventieth business license revoked administrative penalties stipulated in this Law shall be determined by the administrative department for Industry and commerce, the administrative punishment law article forty-ninth to fifty-seventh, sixtieth to the provisions of article sixty-third is determined by the product quality supervision departments or the administrative department for Industry and Commerce in accordance with the provisions of the State Council authority. Other provisions of laws and administrative regulations on the exercise of Administrative Punishment Rights in accordance with the provisions of relevant laws and administrative regulations.

Seventy-first confiscated in accordance with the provisions of this law, in accordance with the relevant provisions of the state are destroyed or disposed of by other means.

Seventy-second the provisions of this Law forty-ninth to fifty-fourth, sixty-second, sixty-third of the value of the amount of calculation of the illegal production and sales of the product price; there is no price, calculated in accordance with the market price of similar products.

The sixth chapter annex

The method of quality supervision and management seventy-third military products shall be formulated separately by the State Council and the Central Military commission.

In accordance with the provisions of the laws and administrative regulations, the liability for compensation for damages caused by nuclear facilities and nuclear products shall also.

Article seventy-fourth this Law shall come into force as of September 1, 1993.

Of relevant provisions of the criminal law

167th forged or altered or theft, robbery, destruction of the state organs, enterprises, institutions, people's organizations documents, certificates or seals, three years of fixed-term imprisonment, criminal detention, fines or deprivation of political rights.

157th uses violence or threats to obstruct state personnel from performing their duties, the people's court or refuses to carry out a legally effective judgment or order, three years imprisonment, criminal detention, control or deprivation of political rights; if the circumstances are serious, at the following three years, ten years prison.