Chapter I General Provisions
Article 1 in order to regulate the national product quality supervision and inspection of substandard products manufacturing enterprises subsequent processing, enhance the effectiveness of supervision and inspection work, according to “People’s Republic of China product quality law, relevant laws and regulations and regulations” product quality supervision management approach “, the enactment of this provision.
Second the provisions shall apply to the State Administration of Quality Supervision Inspection and Quarantine (hereinafter referred to as the State Administration of quality inspection) to organize the implementation of the national product quality supervision and inspection (hereinafter referred to as pumping) unqualified processing production enterprises.
Article third the term national product quality supervision and spot checks substandard products manufacturing enterprises (hereinafter referred to as the postprocessing of pumping postprocessing), refers to the quality and technical supervision department according to the pumping result, the production of substandard products enterprises to adopt the notification, shall be ordered to rectification, review, public notice, administrative punishment, transfer and other administrative measures activity.
Fourth quality inspection administration is responsible for supervision and guidance in pumping postprocessing work. The provincial quality technical supervision department is responsible for organizing the implementation or entrust provincial quality and technical supervision departments to organize the implementation of the administrative region of production enterprises in pumping postprocessing work. The provincial quality technical supervision department responsible for supervision and management of commissioned country pumping postprocessing work, and according to the requirements to quality inspection administration work submitted. The provincial quality and technical supervision departments in accordance with the superior quality and technology supervision department, responsible for the specific implementation of smoking related work postprocessing.
Article fifth after the state should be carried out in accordance with the law, involving administrative penalties, should comply with the relevant provisions of laws, regulations and quality and technical supervision of administrative penalties procedures
The content and procedure of the second chapter
Sixth provincial quality and technical supervision departments should be received in the country pumping unqualified products inspection report within 5 working days, organized in pumping postprocessing, need to entrust subordinate departments of quality and technical supervision of the implementation, should use the “national product quality supervision and inspection unqualified situation notice” to do.
Responsible for the implementation of pumping postprocessing Department (hereinafter referred to as the postprocessing Department) shall receive a “national product quality supervision and inspection unqualified notice”, the pumping of unqualified products inspection report within 5 working days, pumping postprocessing implementation in China.
The seventh post treatment department shall issue a “state supervision and spot check on product quality” to the production enterprise of substandard products, order the rectification notice, and order the production enterprise of substandard products to make corrections within a time limit
Eighth substandard products manufacturing enterprises shall receive national supervision of the quality of products ordered rectification notice > < date, according to the reasons of unqualified products produced and postprocessing Department rectification requirements, the development of the reform program, in accordance with the following requirements to complete the rectification within 30 days, and backward processing departments submit rectification report, the review application:
(one) stop production and sell the same specifications and models before receiving the inspection report of the unqualified products received by the state until the rectification and reexamination are qualified
(two) notify the supervision of the unit in the relevant circumstances, identify the causes of substandard products, identify quality responsibility, and formulate corresponding corrective measures, the implementation of the main responsibility for quality
(three) inventory of substandard products and inspection agencies returned unqualified samples to conduct a comprehensive clean-up, and safekeeping, waiting for the postprocessing of disposal departments in accordance with the law; the factory sales of substandard products processed according to the law, take the initiative to disclose the relevant information to the public notice, sales stop sales, and backward processing department relevant written reports the situation.
(four) the only for labels, marks or instructions do not conform to the standards for product safety production enterprises in the products, and can take remedial measures to ensure product quality and safety situation, in order to continue selling, and backward processing departments written reports on the situation.
(five) participate in product quality analysis meeting organized by the quality and Technical Supervision Department
(six) to accept the rectification and review organized by the quality and Technical Supervision Department
Except for the production, transferring and other reasons not to continue production and sales, or due to relocation, natural disasters can not be outside the normal production and can provide valid proof of the unqualified products production enterprises must carry out rectification.
Ninth substandard products manufacturer fails to complete the rectification, can apply for extension of time, and should be in 5 days before the expiration of the rectification backward processing department for extension of the review, the extension shall not exceed 30 days.
Tenth substandard products manufacturing enterprises is not normal production caused by temporarily unable to carry out rectification, shall provide valid proof, stop the production of similar products, and in the normal production of such products, according to the requirements of the rectification and for review. Enterprises in the rectification review qualified before, not to continue production and sales of the same specifications the product.
The eleventh post treatment department shall, within 15 days from the date of receipt of the application for enterprise review, organize the rectification review. The rectification review includes reexamination, inspection and on-site inspection
Postprocessing departments entrusted inspection agency with legal qualifications for sampling and review inspection supervision and inspection in accordance with the original scheme. The original supervision of product has been discontinued, and countercheck removable similar products. Review the inspection fee shall be borne by the unqualified products production enterprises. The enterprise has any objection to the inspection results were handled in accordance with the relevant provisions of objection review supervision. Postprocessing department should review inspection report to the inspection agency within 5 working days after the inspection issued by the inspection report and the “production enterprise product quality supervision and inspection / review inspection results notice”, also may entrust the inspection agencies to inform.
The product is directly related to human health, personal and property safety, public safety, or serious quality problems of substandard products manufacturing enterprises, postprocessing department can organize relevant experts to rectification of the enterprise on-site inspection, on-site inspection and record.
The enterprises that have inspected the scene and passed the on-site inspection and inspected and inspected shall be deemed to be qualified for the rectification and reexamination of the enterprise
Where twelfth production enterprises with substandard products have the following overdue corrections, the quality and technical supervision departments at the provincial level shall make a public announcement to the public
(one) refusing to rectify the case without justified reasons;
(two) after the expiration of the rectification period, the application for reexamination has not been submitted on time and no application for postponement has been made;
(three) within the prescribed time limit, the enterprise submitted the rectification report and the application for reexamination to the Department responsible for the post processing, but did not implement the rectification measures, or the product was not qualified after the review;
(four) other circumstances that should be announced
Article thirteenth after the enterprise does not correct the announcement, the post treatment department shall organize compulsory review
The review is still not qualified, postprocessing department shall order the enterprise to suspend business for rectification within 30 days after the expiration of the period of reorganization were still unqualified, shall inform the administrative department for Industry and Commerce and other relevant administrative licensing department shall revoke the relevant license.
Fourteenth provincial quality and technical supervision departments should be received in the national supervision of enterprise product quality “refused to check the confirmation form” (Annex 3) the date of 5 working days, in accordance with the “fifty-sixth People’s Republic of China product quality law stipulates; quality and Technical Supervision Commission subordinate departments in the implementation of the quality of the products should be used. State supervision and inspection companies refused to check the treatment notice > (Annex 4) to do.
The post treatment department shall, within 5 working days after receiving the notification of the inspection of the product quality supervision by the state and the inspection of the enterprise handling the rejection, shall be dealt with in accordance with the fifty-sixth provisions of the People’s Republic of China product quality law
Article fifteenth of the following circumstances, and the need for law enforcement investigation, the competent law enforcement departments should be investigated and dealt with according to law, during the investigation, not to stop the review of the rectification of enterprises
(one) supervision and sampling of products with serious quality problems;
(two) failing to make corrections after the time limit and failing to do so after the announcement;
(three) the product manufacturing enterprise that implements the production license of industrial products fails to pass the examination after verification, and the certificate shall be revoked in accordance with the law;
(four) other circumstances in violation of laws and regulations;
If the quality of the sixteenth unqualified product enterprises is handled by other administrative departments, the post – processing department shall refer them to the relevant departments for handling
Seventeenth substandard products manufacturing enterprises registered with the actual operation is not in the same provinces (autonomous regions and municipalities directly under the central government), work together to complete two postprocessing by quality and technology supervision department, by the enterprises registered in the provincial quality technical supervision department to the enterprise actual operation of provincial quality and technical supervision departments to the relevant materials the actual operation of quality and technical supervision department is responsible for on-site inspection, product quality review, registration of quality and technical supervision department is responsible for the postprocessing results summary, reporting work.
The eighteenth inspection institution that undertakes the task of pumping out the country should actively cooperate with the post processing department to carry out the post processing work of the state
Nineteenth of the country pumping found regional problems, serious quality problems or greater social impact caused by substandard products manufacturing enterprises, the quality technical supervision department at or above the provincial level may organize interviews with local government, the legal representative of the relevant enterprises or the main person in charge about. Enterprises should report the quality problems, inform the rectification of the content. Requirements and deadlines, require enterprises to implement corrective measures, and urge enterprises to implement the main responsibility for the quality.
Twentieth of pump products found regional, industry or product quality problems, serious quality problems, postprocessing departments can jointly with relevant departments, industry associations, inspection agencies, organizations related to enterprise quality analysis meeting, help enterprises to analyze quality issues, and urge enterprises to rectification.
Twenty-first, the quality and technical supervision departments at all levels should strengthen the country’s unqualified products production enterprises and enterprises refused to inspect the inspection
Department of postprocessing twenty-second should be set up in smoke postprocessing work files. Records should include the supervision inspection results notice, unqualified product inspection report, the enterprise refused to check the confirmation form, ordered rectification notice, substandard products and production enterprises rectification report and review the application, substandard products and production enterprises rectification on-site inspection records, review the inspection report and the results of the notice.
The third chapter, work discipline
Twenty-third AQSIQ is responsible for the country after pumping work supervision and inspection, regular notification post processing work
The twenty-fourth post processing department shall carry out the post processing work in accordance with the law and impartially, and shall not charge any fees to the administrative counterpart on the grounds of the state’s post pumping work
Twenty-fifth postprocessing staff shall abide by the laws and regulations, enforce the law impartially. Postprocessing staff in violation of the provisions of the correction by the superior quality and technology supervision department shall order; if the circumstances are serious, the relevant responsible persons shall be given administrative punishment; constitute a crime, criminal responsibility shall be investigated according to law.
The fourth chapter is the supplementary provisions
Twenty-sixth local supervision and inspection conducted by the local quality and technical supervision departments at or above the county level for the production of substandard products after production may be carried out in accordance with these Provisions
Where there are other provisions in the twenty-seventh laws and regulations, such provisions shall prevail
Twenty-eighth, the provisions of the AQSIQ is responsible for the interpretation
These twenty-ninth regulations shall come into force as of July 1, 2015.