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(Adopted at the 35th Session of the Standing Committee of
the 11th Shanghai Municipal People s Congress on December
28, 2001)
Chapter I General Provisions
Article 1
For the purpose of strengthening the work of standardization
in this Municipality, promoting the advancement of technology,
ensuring the quality of products and service, and raising
the social economic efficiency, these Regulations are formulated
according to the Standardization Law of the People s Republic
of China , the Regulations on the Implementation of the Standardization
Law of the People s Republic of China and other relevant
laws, administrative regulation with consideration of the
actual circumstances in this Municipality.
Article 2
These Regulations apply to the units or individual persons
in the administrative area of this Municipality that adopt
international standards and advanced foreign standards, implement
national standards, standards of the industry in their activities
of production, operation and service, and formulate and implement
local standards, enterprise standards and other corresponding
supervision and administrations.
Article 3
The municipal and district/county people s governments shall
bring the work of standardization into the national economy
and social development plan, and ensure the necessary input
of funds.
The people s governments at all levels shall encourage and
support the enterprises and institution to take the work of
standardization seriously, strengthen the education and training
of the professional and technical personnel, and establish
a health working system of the standardization.
Article 4
The Municipal Quality and Technology Supervision Department
(hereinafter referred to as the MQTSD), is the competent administrative
department in charge of the standardization in this Municipality,
and exercises the unified administration of the work of standardization
in this Municipality. The District/County Quality and Technology
Supervision Department (hereinafter referred to as the D/CQTSD)
shall be responsible for the administration of the work of
standardization in its administrative area according to its
duty.
The Municipal Quality and Technology Supervision and Inspection
Brigade under the MOTSD shall exercise the administrative
punishment according to the authorization of these Regulations.
Other relevant administrative departments shall do a good
job of the administration of the work of standardization within
their own respective duties, and arrange a certain portion
of the science and technology investment fund to support the
work of standardization.
Article 5
Trade associations, professional academic organizations of
standardization and other mass organizations may participate
in the promotion of international standards, advanced foreign
standards, national standards and standards of trade associations,
promotion and drafting of local standards, and conduct the
activities of consultation, training and business exchange
concerning the standardization.
Article 6
The intermediary organizations that provide the society with
service concerning standardization shall have necessary professional
technical personnel.
The quality and technology supervision departments at all
levels shall guide and supervise the intermediary organizations
that conduct service business of standardization jointly with
other relevant administrative departments.
Article 7
The quality and technology supervision departments at all
levels, relevant administrative departments, news media and
relevant mass organizations, enterprises and institutions
shall strengthen the propaganda and education of standardization
to raise the consciousness of standardization in the society.
The MQTSD shall establish the information inquiry system of
standardization, and provide the society with the professional
information of standardization and the inquiry service of
laws and regulation on standardization.
Chapter II The Adoption of International Standards and Advanced
Foreign Standards and The Implementation of National Standards
and Standards of Trade Association
Article 8
In the formulation of local standards, if there is an international
standard, the local standard shall be formulated on the basis
of the international standard.
Enterprises shall be encouraged to adopt international standards
or advanced foreign standards in their formulation of the
enterprise standard, development of new products and conduct
of the enterprise standard, development of new products and
conduct of technical renovation.
The adoption of international standards and advanced foreign
standards shall satisfy the provisions of laws, regulations
and compulsory standards, adapt to the conditions of the local
climate, geography, use of resources, basic technology and
infrastructure, and reach the target of advancement in technology,
economically reasonable and practical in safety.
Article 9
If the development projects that apply for the governmental
finance or the projects of affirmed high and new technology
have an international standard or advanced foreign standard
that is stricter than the national standard or the standard
of the trade association, they shall adopt the international
standard or the advanced foreign standard, and shall satisfy
the provisions of Clause 3 of Article 8.
In case that any of the projects mentioned in the preceding
clause does not adopt the international standard or the advanced
foreign standard though it has the possibility to do, the
relevant administrative department shall not permit the project
to be pug under authorized plan.
Article 10
The enterprise may, according to relevant state provisions,
use the marks that show that the product is made by adopting
international standard on the product produced with international
standard.
Article 11
Where there is a compulsory standard or a standard of the
trade association, the unit or the individual person who conduct
the activities of production, operation and service shall
adopt the standard accordingly. The production, selling and
importation of products that do not satisfy the compulsory
national standard or the standard of the trade association
shall be forbidden.
The adoption of the recommended national standard and the
standard of the trade association shall be encouraged.
Article 12
In case of a product over which the state enforces a compulsory
authentication, the enterprise shall apply for an authentication
according to the relevant state provisions, and can sell the
product only after it has met the requirements of the corresponding
standard and received the authentication certificate.
In case of a product or a quality system that the state promotes
a voluntary authentication, the enterprise is encouraged to
actively apply for the authentication. If the product or the
quality system meets the requirements of the appropriate standard
and passes the authentication, the enterprise may print the
authentication sign on the product, the package materials,
or other advertising materials, or publish relevant statement.
It is forbidden to use the authentication sign without an
authentication or the authentication is not passed.
The quality and technology supervision departments at all
levels shall give enterprises guidance and assistance in their
activities of applying for the authentication.
Article 13
The public places and facilities shall display necessary public
information signs according to the standard regulated by the
state and this Municipality.
Chapter III The Formulation and Implementation of Local Standards
Article 14
In case in the production, operation and service-providing
activities there is no national standard or standard of the
trade association, and there is need of a unified norm of
technical requirement is this Municipality, a local standard
containing the making of a standard sample may be formulated.
The formulation of the compulsory local standard shall be
restricted to area of the protection of human health and personal
and property safety, the protection of ecology and environment,
and prevention of fraud, etc.
The local standard shall be reported to the relevant competent
administrative department of the state for the record, and
with the implementation of the corresponding national standard
or the standard of the trade association, the local standard
shall be abolished with the exception that laws have provided
otherwise.
Article 15
In case of a compulsory standard, the unit or the individual
person who conducts the activities of production, operation
and service shall follow it. It is forbidden to produce, sell
and import products that do not satisfy the compulsory local
standard.
The adoption of the recommended local standard shall be encouraged.
Article 16
The Municipality shall give priority to formulating local
standards in the fields concerning the safety and hygiene
of industrial products, product marks, safety and hygiene
of production, use of energy and resource and environmental
protection, etc., and organize their implementation.
Article 17
The Municipality shall give priority to formulation local
standards in the fields like the environment of planting or
cultivating, the quality of seeds, seedlings, breeding stocks
and poultry, the agricultural operative norms, the use of
faming chemicals, animal medicines, fertilizers, forages and
forage additives, the testing of harmful elements like heavy
metal and medicine remaining, and distinctive farm produce,
etc., and organize their implementation.
Article18
The Municipality shall give priority to formulating local
standards in the field of service industry like the protection
of human health and personal and property safety, norms of
service operation, the check and acceptance and evaluation
of the service quality, etc., and organize their implementation.
The service, products and facilities provided by the operators
in the service industry shall meet the requirements of the
compulsory standard. The use of products and facilities that
do not meet the requirements of the compulsory standard in
the service industry shall be forbidden.
Article 19
The Municipality shall give priority to formulating local
standards in the fields of the designing and application of
new technique, new technology and now materials in the construction
projects; or formulate the operative local standard according
to the national standard or the standard of the trade association
guiding the construction industry, and organize their implementation.
The survey, designing, operation and the check and acceptance
of the construction project shall meet the requirements of
the compulsory standard.
Article 20
The Municipality shall give priority to formulating local
standards in the fields like the information system of the
urban public service, the information coding system of urban
basic geography, the establishment of the intelligence system
in communities and buildings, the acceptance upon examination
and evaluation of the safety of the information application
system, and the application of electronic commerce, etc.,
and organize their implementation.
The designing the project operation of the information application
system shall meet the comprehensive requirements of the standardization.
Any information application system that does not meet the
comprehensive requirements of the standardization shall be
forbidden to be connected into the public information network.
Article 21
the proposal of the formulation of a local standard my be
proposed by the relevant administrative department to the
MQTSD, or may be proposed by the enterprises, trade associations,
science and technology research institutions, professional
academic organizations of standardization or individual persons.
The MQTSD shall be responsible for the making of the plan
of the formulation of local standards, and for the solicitation
of opinions from society. Once the plan of the formulation
of local standards is settled, it shall be published in the
designated media.
Article 22
The drafting of the local standard may be organized by the
relevant administrative department, or may be entrusted by
the MQTSD to the organizations like enterprises, trade associations,
science and technology research institutions, and professional
academic organizations of the standardization, or be entrusted
to the experts.
The drafting of the local standard shall solicit opinions
from relevant enterprises, trade associations, science and
technology institutions, professional academic organizations
and experts.
Article 23
The MQTSD shall organize experts to examine the local standards
among which, the examination of the compulsory standard shall
listen to the opinions form relevant enterprises and institutions
in the form of hearings; in case of necessity, the MQTSD may
solicit opinions from the society through media.
Article 24
The local standard shall be approved and published by the
MQTSD with the exception that laws and regulations have provided
otherwise.
The catalogue and the main contents of the compulsory standards
shall be published in the websites of the government departments,
and the MQTSD shall timely publish the catalogue of the local
standards in the media.
Article 25
The MQTSD shall, in the right time, organize the re-examination
of the local standard according to the development of science
and technology and the need of economic construction, and
decide its continuation, modification or abolishment. The
longest re-examination cycle shall be not more than 5 years.
The re-examination of the local standard shall listen to the
opinions from relevant enterprises, trade associations, science
and technology institutions, professional academic organizations,
and experts.
Article 26
The local standard and the regulations related to the technology
that should be informed to the international organizations
according to the stipulations of the international conventions
to which our country is an acceding state shall be reported
unifiedly by the MQTSD to the relevant competent administrative
department of the state.
Chapter IV The Standardized Management of Enterprises
Article 27
Enterprises shall be encouraged to establish and implement
the enterprise standard system that takes the technical standard
as the main body, and includes the management standard and
the working standard. The quality and technology supervision
departments and all levels shall promote the establishment
and implementation of the enterprise standard system.
Article 28
In the activities of production, operation and service, if
there is no national standard, standard of the trade association
r local standard, the enterprise shall formulate an enterprise
standard.
In case there is a national standard, a standard of the trade
association or a local standard, the enterprise is encouraged
to formulate an enterprise standard stricter than the national
standard, the standard of the trade association or the local
standard.
Article 29
Any enterprise standard may be formulated by the enterprise
independently, or be jointly formulated by the relevant enterprises
according to the principle of voluntary participation, or
be unifiedly formulated by the member enterprises organized
by the trade association.
Article 30
The enterprise standard shall not be inconsistent with the
compulsory standard. In case of inconsistency, the quality
and technology supervision department shall order a rectification.
Article 31
The enterprise shall timely re-examine its own enterprise
standard according to the publication, modification and abolishing
of the national standard, the standard of the trade association
or the local standard.
Article 32
The enterprise shall check the quality of its products according
to the standard that the enterprise has implemented.
In case that the enterprise has warranted that its product
has reached the international standard and the advanced foreign
standard, the recommended national standard, the standard
of the trade association, or the local standard, the enterprise
may publish a self-qualified statement. And its product shall
satisfy the standard warranted in the self-qualified statement.
Article 33
An enterprise shall mark the code, number and name of the
implemented standard on its products or the package or guidebook.
The marking of the product marks shall satisfy the relevant
provisions of the state. The sale of the product without a
product mark is forbidden with the exception of the product
that is difficult to mark.
Chapter V Legal Liability
Article 34
The unit or the individual person who violates the Standardization
Law of the People s Republic of China , the Regulations on
the Implementation of the Standardization Law of the People s
Republic of China , the Law of the People s Republic of China
on the Product Quality , and other laws and administrative
regulations in their activities of production, operation and
service shall be handled according to law by the administrative
departments provided by laws and administrative regulations.
Article 35
Any act done in violation of these Regulations shall be handled
by the Municipal Quality and Technology Supervision and Inspection
Brigade according to the following provisions:
1. The violator who produces and sells the product that does
not satisfy the compulsory standard shall be ordered to rectify,
his illegally produced or sold products shall be confiscated,
and he shall be cumulatively penalized with a fine of between
the equivalent value of the price value of the illegally produced
or sold products and three times of that value. In case there
are illegal gains, the illegal gains shall be cumulatively
confiscated and a fine of between not less than 500 yuian
and not more than 5,000 yuan shall be imposed on relevant
liable person;
2. The violator who uses the product or facility that does
not satisfy the compulsory standard in the operational service
shall be ordered to stop. The person who knows or should know
that the product or the facility used does not satisfy the
compulsory standard shall be given a fine of an amount below
the equivalent value of the price value of the product or
the facility used;
3. In case of an infringement of the authentication sign,
the violator shall be ordered a rectification, the illegally
produced or sold products shall be confiscated, and he shall
cumulatively be penalized with a fine of an amount below the
equivalent value of the price value of the illegally produced
or sold products. In case there are illegal gains, the illegal
gains shall be cumulatively confiscated;
4. In case that a product has an authentication certificate
but has failed to satisfy the authentication standard is being
sold by using the authentication sign, the violator shall
be ordered a rectification, and shall be cumulatively penalized
with a fine of an amount below twice the illegal gains.
Article 36
The personnel in the quality and technology supervision departments
at all levels, the Municipal Quality and Technology Supervision
and Inspection Brigade and other relevant administrative departments
who does any one of the following acts shall be given an administrative
punishment according to law and if he has any illegal income,
the illegal income shall be confiscated:
1. To shield or indulge the action that violates the provisions
of these Regulations in the activities of production, operation
and service;
2. To tip off the unit or the individual person who violates
the provisions of these Regulations in the activities of production,
sale and service, and assists him to escape the investigation
and handling;
3. To participate in the activities of production, sale and
service through the form of supervising the production and
sale of the product;
4. Other acts like abusing power, neglecting duty and malpractice
for personal gains, etc..
Article 37
Any unit or individual person who violates the provisions
of these Regulations in the activities of production, operation
and service, and thus causes personal or property losses to
other unit or individual person shall bear corresponding civil
liabilities.
Article 38
In case that the violation of the provisions of these regulations
constitutes a crime, the violator shall be prosecuted for
the criminal liability.
Article 39
In case that the party concerned does now accept the specific
administrative act done by the administrative department,
or the Municipal Quality and Technology Supervision and Inspection
Brigade, it may apply for an administrative reconsideration
or bring an administrative lawsuit according to the Administrative
Reconsideration Law of the People s Republic of China or
the Administrative Litigation Law of the People s Republic
of China .
Chapter VI Supplementary Provisions
Article 40
The technical requirements of the exported products shall
be carried out according to the terms stipulated in the contract.
Article 41
These Regulations shall become effective on March 15, 2002.
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