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(Adopted on September 22, 2000 at the 22nd Session of the
Standing Committee of the 11th Shanghai Municipal People s
Congress)
Chapter I General Provisions
Article 1
In order to strengthen the supervision and administration
of metrologies, ensure the unification of State system of
metrological units, and the accuracy and reliability of metrological
value, promote the development of production, trade and science
and technology, and protect the interests of the State, legal
persons and citizens, these Regulations are formulated in
accordance with Metrologies Law of the People s Republic of
China and other relevant laws, rules and regulations, and
in the light of the actual circumstances of this municipality.
Article 2
These Regulations apply to the metrological activities and
the supervision and administration thereof within the administrative
area of this Municipality.
The metrological activities referred to in these Regulations
mean such activities as setting up standard metrological apparatuses,
examining and determining metrological apparatuses, or calibrating,
making, repairing, selling, and using metrological apparatuses,
using metrological units, and gathering, forming, issuing,
marking publishing metrological data.
Article 3
The Shanghai Municipal Quality and Technology Supervision
Bureau (MQ7TSB)is the competent administrative department
of the Municipality s metrological work, responsible for the
implementation of these Regulations.
District/country quality and technology supervision bureaus
(hereinafter referred to as the district/country Q & TSB)
are responsible for the supervision and administration of
metrologies within their respective administrative area under
the leadership of MQ&TSB and according to the division
of duties.
The Shanghai Municipal quality and Technology Supervision
Inspection Brigade under MQ&TSB (hereinafter called the
Inspection Brigade ) shall enforce administrative penalties
with the authorization of these Regulations.
Article 4
Other relevant administrative departments of this Municipality
shall coordinate in implementing these Regulations according
to their respective duties.
Article 5
Conducting metrological activities shall follow the principle
of scientific standard and food faith, ensure stability and
reliability of metrological apparatuses and guarantee the
accuracy and consistency of metrological data.
Article 6
The municipal People s government shall incorporate the scientific
and technological advancement of metrologies into the plan
of national economy and social development, encourage the
scientific and technological research of metrologies, institute
the scientific system of tracing the source of metrological
value, perfect the efficient transmission system of metrological
value and promote the use of advanced metrological apparatuses.
Chapter a Use of Metrological Units
Article 7
The metrological units of international unit system and other
metrological units designated by the State shall be the legal
metrological units of the State. The name and symbol of the
State metrological units shall be in compliance with relevant
State provisions.
Article 8
The State legal metrological units shall be used in the following
activities:
1. Preparing official documents, bulletins, statistical statements;
2. Writing and broadcasting radio and television programs,
transmitting information;
3. Making and releasing advertisements and web pages;
4. Drawing up technical documents such as standards and rules;
5. Publishing and distributing publications;
6. Printing receipts, vouchers, accounting books;
7. Issuing metrological and test data; and
8. Producing and selling commodities, indication commodity
marks, compiling user s guides of products;
9. Other metrological activities of mandatory use of State
legal metrological units as stipulated by the State and this
Municipality.
Article 9
The importation and exportation of commodities, the publication
of ancient books and literary books, and others that need
to use non-State-legal metrological units shall be done according
to the relevant State provisions.
Chapter III Supervision and Administration of Metrological
Apparatuses
Article 10
The MQ&TSB shall, according to the needs of economic construction,
social development and advancement of science and technology,
uniformly prepare a plan for this city s establishment of
standard metrological apparatuses for public in society, and
the plan shall be put into action upon approval by the municipal
people s government.
Article 11
The metrological apparatuses for public in society shall be
examined according to relevant State provisions.
This city s highest-grade standard metrological apparatuses
for public in society shall be examined by the metrologies
administrative department under the State Council; the standard
metrological apparatuses for public in society of other grades
shall be examined by the MQ&TSB. The apparatuses that
pass the examination shall be allowed to undertake mandatory
examination and determination or calibration services of metrological
apparatuses.
The standard metrological apparatuses for public in society
that have passed the examination and come into use shall undergo
regularly the mandatory examination and determination of metrological
apparatuses.
Article 12
The following metrological apparatuses shall pass the examination
organized by the MQ&TSB before coming into use:
1. The standard metrological apparatuses used by metrology
examination and determination organizations for mandatory
examination and determination;
2. The standard metrological apparatuses used by metrology
calibration organizations for metrological apparatuses calibration;
and
3. The highest-grade standard metrological apparatuses of
their own set up by manufactures of metrological apparatuses
and producers of commodities packaged in fixed quantity.
Article 13
The working metrological apparatuses used in this city s trade
settlement, safety protection, medical and health work, environmental
monitoring, administrative monitoring and judicial authentication,
and listed in the catalogue of mandatory examination and determination
shall undergo mandatory examination and determination of metrological
apparatuses.
The catalogue of working metrological apparatuses subject
to mandatory examination and determination shall be make according
to State provisions. If the State does not provide such provisions,
the MQ&TSB shall, jointly with relevant departments, determine
the catalogue, and the MQ&TSB shall promulgate it.
Article 14
The design, development, production and sale of new products
of metrological apparatuses shall meet the requirements of
metrology examination and determination rules and metrologies
technology standards.
The Municipality encourages the adoption of international
standard and advanced technology standard at home and abroad
to develop new products of metrological apparatuses.
Article 15
Units and individual persons that manufacture and repair metrological
apparatuses in this Municipality shall pass the examination
held by the municipal or district/country quality and technology
supervision bureau, and obtain the Permit to Manufacture Metrological
Apparatuses or the Permit to Repair Metrological Apparatuses.
Those who manufacture important metrological apparatuses involving
public interests of the State and society shall have the Permit
to Manufacture Metrological Apparatuses issued by the MQ&TSB
to the Municipal People s government and carried out upon
approval by the latter.
Units and individual persons that sell metrological apparatuses
listed in the important metrological apparatus administration
catalogue shall report to their local district/country quality
and technology supervision bureau for the record.
Working metrological apparatuses for calculating quantity
and charges that have been repaired shall pass the mandatory
examination and determination of metrological apparatuses
before being put into use.
Article 16
Working metrological apparatuses used for re-metrological
commodity quantity that are set up in commercial business
sites such as country fair trade markets shall undergo mandatory
examination and determination of metrological apparatuses
and take daily calibration to maintain their accuracy.
Article 17
The mandatory examination and determination of metrological
apparatuses shall be conducted according to the State list
of metrologies examination and determination system, and in
compliance with the metrology examination and determination
rules.
Units and individual persons that use the metrological apparatuses
under mandatory examination and determination shall apply
for mandatory examination and determination of metro logical
apparatuses to the lawful metrology examination and determination
organization or the authorized examination and determination
of metrological apparatuses.
The examination and determination institution of metrological
apparatuses shall, according to law, perform the duties of
mandatory examination and determination of metrological apparatuses,
do well in statistical work and report to the MQ&TSB.
Personnel that examine and determine metrological apparatuses
shall obtain appropriate qualification, get on duty with certificates,
and use certified standard metrological apparatuses, follow
the metrologies examination and determination rules and other
relevant regulations to conduct mandatory examination and
determination of metrological apparatuses in a fair, objective
and accurate way, and shall not fabricate examination and
determination data.
Article 18
This Municipality promotes the calibration activities of tracing
the source of metrological value of metrological apparatuses
Units and individual persons may, according to the needs of
production and operation, may trace on their own the source
of metrological value of metrological apparatuses beyond mandatory
examination and determination, or select a qualified metrology
calibration organization to trace the source of metrological
value.
The calibration of metrological apparatuses shall be conducted
according to the calibration standard of metrological apparatuses
and the demand of commission contract, and a calibration report
shall be issued to the client.
Chapter IV Supervision and Administration of Metrological
Data
Article 19
Commodity dealers or service providers who take metrological
value as the basis for settling accounts, shall mark legal
metrological units, and have and use metrological apparatuses
corresponding with their business or service items, and conforming
to the provisions set by the State or this Municipality.
Article 20
Commodity dealers or service providers shall guarantee the
accuracy of commodity quantity or service metrologies, and
the settlement value shall conform to actual value, and the
metrologies tolerance shall be within the margin prescribed
by the State and this Municipality.
When trading by on-the spot weighing or measuring, the dealers
shall show explicitly the metrological process and the metrological
value displayed by metrological apparatuses. If any dispute
arises, dealers shall go through the weighing and measuring
process and display the metrological value again.
Article 21
In respect of commodity packaged in fixed quantity, its net
content shall be clearly and truly marked in Chinese, numerals
and legal metrological units at a conspicuous place on the
commodity package. Specifications and numerical sequence selection
of net content shall be in compliance with State provisions.
Dealers shall not sell any commodity packaged in fixed quantity
with its net content unmarked.
Article 22
This municipality promotes metrologies certification system
for means of production trading.
Enterprises and undertakings that need weighing or measuring
in means of production trading may commission a qualified
metrologies certification organization to do the weighing
and measuring.
The government that needs weighing or measuring in purchase
of a large amount of goods shall commission a qualified metrologies
certification organization to do the weighing and measuring.
Article 23
Profit-making social service agencies, when issuing metrological
data and inspecting commodities involving personal safety
and health, shall use certified metrological apparatuses,
weigh or measure according to set procedures and guarantee
the accuracy of metrologies data.
Article 24
Units that carry into execution major engineering, projects
and technological renovations listened in the city-level range
shall examine the use of metrologies and the selection of
metrological apparatuses to see if they are in compliance
with State provisions, or commission qualified social intermediaries
to take part in the examination according to the provisions
of laws, regulations and contracts.
Chapter V Administration of Metrological Apparatuses and
Personnel
Article 25
The MQ&TSB shall uniformly organize and establish the
organizations engaged in mandatory examination and determination
of metrological apparatuses. Relevant technological organizations
authorized by the MO&TSB may undertake part of mandatory
examination and determination business of metrological apparatuses.
Article 26
The organizations engaged in metrological apparatus calibration
or metrologies certification business shall be accredited
by the MQ&TSB and obtain corresponding qualification certificates
before conducting metrological instrument calibration and
metrologies certification service. The following acts are
prohibited:
1. Engaging in metrological instrument calibration and metrologies
certification service without approval or in excess of authorized
business scope;
2. Forging, altering, lending or transferring correlation
qualification certificates;
3. Conducting metrological instrument calibration or metrologies
certification out of compliance with standards; or
4. Altering business scope or suspending business without
going weighing or measuring timely though relevant formalities.
Article 27
All kinds of testing organizations that issue test data to
the public shall meet requirements of State metrologies technological
standards in aspects of equipment, personnel, system and environment,
and shall apply to the MQ&TSB for metrologies accreditation.
Article 28
Social intermediary services engaged in activities such as
metrological apparatus calibration, metrology certification
shall not have any subordinate relation or any other interest
relation with administrative organs.
Article 29
The Municipality promotes registration system of metrological
personnel.
The specific procedures of registration of metrological personnel
shall be drawn up by the MQ&TSB together with relevant
departments.
Article 30
The Metrologies Association of this Municipality is a self-regulatory
organization of metrology trade, which may launch such activities
as metrological training, metrology consultation and releasing
metrology information, and shall accept the guidance and supervision
from the MQ&ISB.
Chapter VI Legal Liability
Article 31
Anyone who uses illegal metrologies in violation of the provision
under Article 8 of these regulations shall be ordered to correct
mistakes; in case of publications, the wrongdoer shall be
ordered to stop sales and may be cumulatively penalized with
a fine of not more than 1000 yuan.
Article 32
Anyone who, in violation of the provisions under Article 13
Clause 1, Article 15 Clause 3 and Article 16 of these Regulations,
fails to apply, according to provisions, for mandatory examination
and determination of metrological apparatuses that should
undergo mandatory examination and determination, or continues
using the metrological apparatuses that have failed the mandatory
examination and determination, shall be ordered to stop using
such apparatuses and may be cumulatively penalized with a
fine of not more than 1000 yuan.
Article 33
Anyone who, in violation of the provision under Article 15
Clause 1 of these regulations, manufactures or repairs metrological
apparatuses without the Permit to Manufacture Metrological
Apparatuses or the Permit to Repair Metrological Apparatuses
shall be ordered to stop production business, and shall have
the manufactured or repaired metrological apparatuses sealed
up and have all illegal gains confiscated, and my be cumulatively
penalized with a fine equal to 10per cent to 50 per cent of
illegal gains.
Article 34
Anyone who, in violation of the provision under Article 15,
clause 2 of these Regulations, sells metrological apparatuses
listed in the administration catalogue of important metrological
apparatuses without reporting for the record shall be ordered
to stop sales and to correct mistakes within a time limit;
the wrongdoer who fails to correct mistakes within the time
limit shall be penalized with a fine of 500 to 5,000 yuan
inclusive.
Article 35
Any metrologies examination and determination personnel who,
in violation of the provision under Article 17, Clause 4 of
these Regulations, do any of the following acts shall be given
administrative punishment. If the case is serious, the wrongdoer s
qualification certificate shall be revoked. If the act constitutes
a crime, the wrongdoer shall be prosecuted for criminal liability
according to law :
1. Forging examination and determination data;
2. Issuing wrong data, which bring losses to clients;
3. Conducting examination and determination activities out
of compliance with metrologies examination and determination
rules;
4. Engaging in examination and determination activities by
using standard metrological apparatuses that have not taken
or passed examination; or
5. Conducting metrologies examination and determination without
obtaining correlative qualification certificates.
In case of the previous Clause, Item 2, the work unit of the
metrologies examination and determination personnel shall
assume corresponding compensation responsibility.
Article 36
Anyone who, in violation of the provision under Article 19
of these Regulations, has or uses metrological apparatuses
that fail to comply with the provisions set by the State and
this Municipality shall be ordered to stop using such apparatuses
and to correct mistakes with a time limit. The wrongdoer who
fails to correct mistakes within the time limit shall be penalized
with a fine of not more than 5,000 yuan.
Article 37
Anyone who, in violation of the provision under Article 21
of these regulations, fails to clearly, truly mark the commodity s
net content on commodity packaged in quantity as required,
or fails to conform the specifications and numeral sequence
selection of net content to the State provisions, shall be
ordered to stop production and to correct mistakes within
a time limit. The wrongdoer who fails to correct mistakes
within the time limit shall be penalized with a fine f 1,000
to 10,000 yuan inclusive.
Article 38
Anyone who, in violation of the provision under Article 26
of these Regulations, does any of the prohibited acts shall
be given warnings, and shall have the illegal gains confiscated,
and the correlation qualification certificate revoked or withdrawn,
and may be cumulatively penalized with a fine of 5,000 to
50,000 yuan inclusive.
Article 39
Any testing institution issuing test data to the public which,
in violation of the provision under Article 27 of these Regulations,
fails to undergo metrologies accreditation, shall be ordered
to stop correlation activities and to correct mistakes within
a time limit, and shall have its illegal gains confiscated,
and may be cumulatively penalized with a fine of 1,000 to
10,000 yuan inclusive.
Article 40
The administrative punishment under these regulations shall
be enforced by the Inspection Brigade or the district/country
quality and technology supervision bureau. Meanwhile, the
administrative punishment on illegal manufacture of important
metrological apparatuses shall be enforced by the Inspection
Brigade.
Article 41
The persons-in-charge of, and other persons directly responsible
for, the municipal, district/county quality and technology
supervision bureaus and the Inspection Brigade who commit
dereliction of duties, abuse power, engage in malpractice
for selfish ends shall be given administrative punishment
by their work units or higher organizations. If their acts
constitute a crime, the wrongdoer shall be prosecuted for
criminal liability according to law.
Chapter VII Supplementary Provisions
Article 42
The meanings of terms used in these Regulations are as follows:
Metrological apparatus calibration means the correlation activities
of ascertaining the metrological value relation between metrological
apparatuses to be calibrated and corresponding standard metrological
apparatuses.
Metrology certification means the correlation activities of
issuing a third party s metrologies data for both trading
parties.
Commodity packaged in fixed quantity means the pre-packaged
commodity, for the purpose of sale, marked with unified quality,
volume and length within a certain quantity limit.
Net content means the actual quality, volume and length of
an article after removal of its package or other packing materials.
Article 43
These Regulations shall become effective on January 1, 2001.
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