Administration Decree No. 117 "Regulations for Compulsory Product Certification" 2009.7.3
No. 117
"Regulations for Compulsory Product Certification" is May 26, 2009 General Administration of Quality Supervision, Inspection and Quarantine Bureau of Finance meeting, is hereby promulgated, September 1, 2009 shall come into force.
Secretary
July 3, 2009
Regulations for Compulsory Product Certification
Chapter I General Provisions
The first mandatory product certification to regulate and improve the effectiveness of certification, maintenance of national, social and public interests, under the "Certification and Accreditation" (hereinafter referred to as the Certification and Accreditation) and other laws, administrative regulations and relevant state regulations, the development of this requirement.
Article for the protection of national security, prevent fraud, protect human health or safety, animal and plant life or health protection, environmental protection, national regulations related products must be certified (hereinafter referred to as mandatory product certification), and marked the certification mark, before leaving the factory, sold, imported or used in other business activities.
Article of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) in charge of national mandatory product certification.
Certification and Accreditation Administration (hereinafter referred to as CNCA) is responsible for the national compulsory product certification organization and implementation, supervision and overall coordination.
Quality and technology supervision departments at all levels and local entry-exit inspection and quarantine agencies (hereinafter referred to as the local quality inspection PMCs) in accordance with their respective responsibilities according to law within the jurisdiction responsible for monitoring the activities of compulsory product certification administration and law enforcement investigative work.
Article 4 The State mandatory product certification of products, unified product catalog (hereinafter referred to as directories), unified technical specification of the mandatory requirements, standards and conformity assessment procedures, unified certification mark, standardized charges.
AQSIQ, CNCA in conjunction with relevant State Council departments to develop and adjust the directory, the directory by the AQSIQ, CNCA jointly issued and implemented in conjunction with stakeholders to come together.
The state shall encourage equality and mutual benefit of compulsory product certification activities of the international mutual recognition, mutual recognition of activities should be AQSIQ, CNCA or its authorized departments outside the international mutual recognition agreements signed within the framework.
Article from the mandatory product certification activities of institutions and their personnel, their practitioners are aware of the activities of commercial secrets and production technology, process technology secrets and obligation to keep confidential information.
Chapter II Certification
Article VII of the basic norms of compulsory product certification by the State Administration of Quality Supervision, the State commission to develop, publish, mandatory product certification rules (hereinafter referred to as certification rules) by the state commission to develop, publish.
Article shall apply to the following mandatory product certification certificate mode or single combination of a number of authentication mode, the specific model, including:
(A) design appraisal;
(B) type test;
(C) the production site sample testing or inspection;
(D) market sampling and testing or inspection;
(5) The enterprise quality assurance and product consistency check;
(F) Follow up follow-up examination.
Product certification model should be based on product performance, involving public safety, human health and the environment may produce harmful levels of the product life cycle, production, import products, the risk profile of a combination of factors, according to science, the principles of convenience to be determined .
Article IX certification rules should include the following:
(A) the applicable range of products;
(B) applies the corresponding national standards, industry standards and national technical specification of the mandatory requirements;
(C) the authentication mode;
(D) the principle of unit applications or requirements;
(E) sampling and sample delivery requirements;
(F) confirmation of the key components or raw material requirements (if necessary);
(G) testing standards (if necessary);
(H) factory inspection requirements;
(Ix) Follow-track inspection requirements;
(X) certificate is valid requirements;
(K) certification mark of the certified product labeling requirements;
(12) Other provisions.
Article included in the catalog the product manufacturer or seller, the importer (hereinafter referred to as client authentication) should be commissioned by the state commission designated certification bodies (hereinafter referred to as the certification body) of its production, sale or import of products certified .
Commissioned the production of other products listed in the catalog, the commission was entrusted to enterprises or businesses can be entrusted to the certification body for certification.
Article XI certification shall, in accordance product certification rules specific to the certification body to provide relevant technical materials.
Sellers, importers as client authentication, the certification body should also be provided to sellers and producers or importers and producers to make a copy of the relevant contract.
Commissioned the production of other products listed in the catalog, the principal certification certification bodies should also be entrusted to the company and was commissioned a copy of the relevant contract entered into by companies.
Article XII, after commission of the certification agency to receive certification, product certification shall be in accordance with specific rules, arrange for product type testing and factory inspection.
Article XIII of certified client shall guarantee that the samples consistent with the actual production of products, certification bodies should be certified the authenticity of the sample provided by the client to review.
Certification body shall be certified in accordance with rules and requirements, based on product characteristics and the actual situation, take certified samples sent to the client, on-site sampling or field sealed and then sent to the client by the certified samples and other sampling methods, commissioned laboratory designated by CNCA (hereinafter referred to as laboratory) on the sample type test.
Article XIV laboratory type test samples, testing should ensure that the conclusion is true, accurate, and complete record of test made the whole process, archive retained to ensure the testing process and results recorded with traceability, with the certification agencies have been certified products for effective follow-up examination.
Laboratory and associated personnel should make a test report of its inspection findings, and is responsible for the authenticity of the sample of doubt, it shall explain the situation to the certification body, and take appropriate action.
Article XV of the need for factory inspection and certification body should appoint a national registration of mandatory product certification inspectors, product manufacturers quality assurance capabilities, production of products consistent with the type of test samples, etc., in accordance with specific certification rules to be checked.
Mandatory product certification bodies and certification inspectors should check the conclusions.
Article XVI finished product certification body type testing and factory inspection, to meet certification requirements, generally accepted certification from the commission within 90 days of certification to the certification issued by the client.
Do not meet the certification requirements, shall be certified in writing the principal, and the reasons.
Personnel certification bodies and their certification should be made of their conclusions.
Article XVII certification bodies should be through on-site product testing or inspection, sampling or inspection market products, quality assurance ability assessment, etc., the certified products and their manufacturers to implement category management and effective follow-up examination, control and verify the certified product consistent with the type of test samples, manufacturer's quality assurance ability to continue to meet certification requirements.
Article 18 The certification body shall follow the whole process of checking to make a complete record, archive retained to ensure traceability of the certification process and outcome.
Can not continue to meet the requirements for certification, the certification body shall be made under the corresponding conditions to suspend or revoke the certification of treatment, and to the public.
Article 19 The certification body shall be certified in accordance with rules, according to the level of the certified product safety, product quality and product stability, good records and bad business records and other factors, the certified products and their production companies to track inspection category management, follow-up examination to determine a reasonable frequency.
Chapter certificate and certification mark
Article 20 The state commission unity of mandatory product certification certificate (hereinafter referred to as certification) format, content, and the compulsory certification marks (hereinafter referred to as certification mark) of the style, type.
Article a certificate shall include the following basic elements:
(A) certified client name and address;
(B) the product producer (manufacturer) name, address;
(C) has been commissioned to produce business name, address (if necessary);
(4) The product name and product range, specifications, model;
(E) certification basis;
(F) certification mode (when necessary);
(Vii) the date of issue and expiration date;
(H) the issuing agency;
(Ix) certificate number;
(10) other required label content.
Article 22 The certificate is valid for 5 years.
Certification bodies should be based on their certified products and manufacturer of track inspections, in the year indicated on the check certificate status queries effectively address and telephone.
Certificate expires, for the continuation of use, the client should be certified before the expiry of the certificate within 90 days apply.
Article 23 The sale of certified products and their certification label on the packaging contained in the content, it should be content with the certificate is consistent and in line with national regulations for product identification label.
Article 24 of the following circumstances, the authentication client should apply for certification to the certification body changes, the certification body to take appropriate action depending on the circumstances:
(A) a change in the way of the certified product name product name, model change or the certified products, producers, manufacturers name, address, name change, and verified by the certification body, change certificate;
(B) certified product model changes, but does not involve safety and electromagnetic compatibility changes in the internal structure; or certified products to reduce the same product model, confirmed by the certification body, change certificate;
(C) the key components of certified products, specifications and models, and related machine safety or electromagnetic compatibility design, structure, processes and materials or raw materials, production enterprises, changed, re-tested and approved by the certification body, the changes in certification certificate;
(D) The certified products business location, or its quality assurance system, production conditions change, and re-plant inspection by the certification body after passing the changes to certification;
(E) other circumstances should change.
Article 25 Authentication needs to expand its client coverage of the certified product shall apply for certification to the certification body extension, the certification body shall verify that the extension products consistent with the original certified product, to confirm the original certification results to the extended products effectiveness. Confirmed after passing the certification requirements of clients can be issued a separate certificate or certificate re-issued.
Certification body can follow the certification rules and requirements, differences in complementary product for the type test or factory inspection.
Article 26 of the following circumstances, the certification body shall cancel the certificate, and announced:
(A) the certificate has expired, the certification does not apply for continuation of the principal use;
(B) The certified products are no longer produced;
(C) The certified product has been included in the obsolete model or a ban on the production of the catalog;
(D) the client application for cancellation of certification;
(E) other circumstances should be written off according to law.
Article 27 of the following circumstances, the certification body shall suspend the certification rules of the certification period, and announced:
(A) the product is suitable for certification or certification based on the rules change, the product does not comply within the prescribed time change requirements;
(B) follow-up inspection found that the client certificate authentication rules violate provisions;
(C) the unjustified refusal to accept the follow-up examination or follow-up inspection found that the product can not continue to meet certification requirements;
(D) the client application for suspension of certification;
(E) other circumstances should be suspended according to law.
Article 28 of the following circumstances, the certification body shall withdraw the certificate, and announced:
(A) The certified products are defective, resulting in quality and safety incidents;
(B) follow-up inspection found that the certified product samples provided by the client and the authentication inconsistent;
(C) suspend the certification period, the certified client to take corrective measures or not is still unqualified after the rectification;
(D) certified client to fraud, bribery or other improper means to obtain the certificate;
(E) other circumstances should be revoked according to law.
Article 29 The certified product has been canceled, suspended or revoked certificate, the certification body should determine the product does not meet the certification requirements of the type and extent.
Since the certificate cancellation, revocation or certificate from the date of the suspension period, the product does not meet the certification requirements, not to the factory, sold, imported or used in other business activities.
Article 30 The certification mark of the style from the basic design, type of certification mark composed of the basic pattern as shown below:
Basic pattern in the "CCC" to "China Compulsory Certification," the English name "China Compulsory Certification" abbreviation.
Article 31 certification mark basic pattern of the right type of mark certification, product certification by the representative of the types of English words of the acronym letters.
CNCA products under mandatory certification of the need to develop the type of certification mark of the specific requirements.
Article 32 shall establish a certification mark certified to use the client management system, the use of certification marks accurately recorded and archived in accordance with certification rules in the product and its packaging, advertising, product description and promotional material in the proper use of certification marks and labels .
Article 33 Any unit or individual may forge, alter, fraudulent use, sale and transfer of certificate and certification mark.
Chapter IV Supervision and Administration
Article 34 CNCA certification bodies, inspection bodies and laboratories of the certification, inspection and testing activities, the annual supervision and implementation of special supervision and inspection from time to time.
Article 35 shall be certified product certification body's certification clients, certified products and manufacturers, and certification is canceled, suspended or revoked the information to the national commission and two provincial quality inspection bureau to inform local .
Article 36 The State Administration of Quality Supervision unified plan, the state commission to take regular or irregular ways to supervise and inspect the certified products.
Certified producers, sellers, importers and users of business activities shall not refuse to supervision and inspection.
CNCA announced the establishment of system of certified products and their producers, supervision and inspection results to the public.
Article 37 The local quality inspection according to the two Councils in accordance with their respective duties, within the jurisdiction of the compulsory product certification activities, supervision and inspection, investigation of violations.
Included in the catalog of products without certification, but not yet shipped, sales, local Councils should be warned of its quality products manufacturing enterprises in a timely manner mandatory product certification.
Article 38 Local Councils for quality supervision and inspection of compulsory product certification, production and business establishments can be implemented according to the law to enter the site inspection, inspection, copy the relevant contracts, bills, account books and other materials, seizure, detention without certified products or do not meet certification requirements.
Article 39 included in the catalog producers, vendors found that the production and sale of products a security risk, may be to human health and life safety damage, shall be made public information about the initiative to recall the product and other relief measures, in accordance with the relevant provisions of the relevant supervision and administration department.
Included in the catalog producers, sellers did not fulfill their obligations under the preceding paragraph, the State Administration of Quality Supervision should start recall procedures, and ordered producers to recall products sold to stop selling the product.
Article 40 of the entry-exit inspection and quarantine institutions shall implement the imported products included in the directory entry verification management, inspection certificate, certification marks and other documents, check whether the goods match the card. Verification failed, be dealt with in accordance with relevant laws and regulations on imports of products included in the catalog for follow-up supervision.
第四十一条 items included in the catalog entry, one of the following circumstances, apply for entry without mandatory product certification:
(A) foreign embassies, consulates or international organizations in China and their diplomatic personnel, personal belongings;
(B) Hong Kong and Macao Special Administrative Region Government in the mainland's official institutions and their staff personal belongings;
(C) entry into the territory from abroad who carry articles for personal use;
(D) a foreign government aid, gift items;
(E) No other law for the case of compulsory product certification.
Article 42 of the following circumstances, the listed producers, importers, distributors or their agents can apply to the local entry-exit inspection and quarantine agencies for exemption from compulsory product certification, and submit the relevant evidence responsibility guarantees, product compliance statement (including the type test reports), etc., and according to the need for product testing, approval to obtain "exemption for mandatory product certification certificate" only after the import and use in accordance with reporting purposes:
(A) for scientific research, product testing required;
(B) the introduction of technology for the assessment components required for production;
(C) directly to end users of products required for maintenance purposes;
(D) a factory production line / support needed to complete production line equipment / parts (excluding office supplies);
(E) only for commercial display, but does not sell products;
(F) to be returned after a temporary import of related products (including exhibits);
(G) to the whole purpose of all export trade with the general import of spare parts;
(H) of the machine used for the purpose of all export feed or processing on the importation of spare parts;
(9) other special use exemption for compulsory product certification for the case.
Article 43 certification bodies, inspection bodies and laboratories of the following circumstances, the state commission should be ordered to suspend business for rectification, shall not engage in business for rectification within a specified range of compulsory product certification, inspection and testing activities:
(A) increase, decrease, omissions or changes to the basic norms of certification, certification rules of procedure;
(B) certification of its products are not effective follow-up survey, or that its certified products meet the certification requirements can not be sustained, not in time to suspend or revoke the certificate and to be published;
(C) is not on the certification, inspection and testing process to make a complete record, archive retained, the circumstances are serious;
(D) without obtaining the appropriate qualifications to engage in certification, inspection, testing activities, the circumstances are serious;
(5) Failure to provide samples for certification of the authenticity of the principal effective review;
(F) obstruct, interfere with regulatory certification of law enforcement inspection;
(G) of the products directory does not belong to the mandatory product certification;
(Viii) other violations of laws and regulations.
Article 44 of the following circumstances, the state commission based on the request of interested party or ex officio, may revoke the certification bodies, inspection bodies and laboratories designated:
(A) abuse their powers, neglect their duties to make the specified decision;
(B) beyond the statutory authority to make specified decisions;
(C) specify the violation of legal procedures to make the decision;
(D) do not have the prescribed qualifications and certification bodies, inspection bodies and laboratories to grant specified;
(E) specify the decision may be revoked in other cases.
Article 45 certification bodies, inspection bodies or laboratories to fraud, bribery or other improper means to obtain specific, designated by the state revoked the commission, and made public.
Certification bodies, inspection bodies or laboratories from the cancellation of three years from the date specified shall not re-apply for designation.
Article 46 in the mandatory product certification activities providing false or untrue conclusions, fabricate false or inaccurate documents, records, and be removed from practice; from the date of revocation of five years, China Certification and Accreditation Association certified personnel registry not accept his application for registration.
Article 47 of the principal certification certification bodies objection to the decision, can appeal to the certification body, the results of the certification bodies still disputed, and can appeal to the CNCA.
Article 48 Any unit or individual of compulsory product certification activities in the illegal behavior, the right to AQSIQ, CNCA or two local quality inspection bureau report, AQSIQ, CNCA or local quality inspection bureau shall promptly investigate and deal with two, and keep the secret.
Chapter V Penalty
Article 49 listed in the catalog without the certification, without the factory, sold, imported or used in other business activities, and two by the local Bureau of Quality Certification and Accreditation in accordance with Article 67 shall be punished.
Article 50 included in the directory of certified products, do not follow the statutory conditions and requirements of production and business activities, or production, sales do not meet the statutory requirements of the product, quality inspection by the local Councils in accordance with the "State Council on strengthening food and product safety oversight Management of Special Provisions, "Article, the provisions of paragraph 2 of Article to be addressed.
第五十一条 violation of the provisions of Article 29 of the second paragraph, the certificate cancellation, revocation or suspension period, the product does not meet the certification requirements and continue to the factory, sold, imported or used in other business activities, and by the local quality Inspection Certification and Accreditation Councils in accordance with Article 67 shall be punished.
Violation of the provisions of Article 52 Article 42, fabricating material fraud "exemption for mandatory product certification certificate" or be "exempt from mandatory product certification for that" after the product is not used according to the original declaration of purpose by entry-exit inspection and quarantine agencies shall order a correction to remove "immunity for mandatory product certification certificate", and Certification and Accreditation in accordance with Article 67 shall be punished.
Article 53 of the counterfeit, alter, lease, loan, fraudulent use, sale or transfer of the certificate by the local Quality Councils ordered to correct, a fine of 30,000 yuan.
Transferred or resold certification mark, quality inspection by the local Councils ordered to correct, at 3 million fine.
Article 54 of the following circumstances, the quality inspection by the local Councils ordered to correct, a fine of NT $ 30,000:
(A) violation of the provisions of Article 13 stipulates that the certification provided by the client and the actual production of the product samples are inconsistent;
(B) violation of the provisions of Article 24, failing to apply for certification to the certification body to change, without the factory, sell, import or use in other business activities included in the catalog of products;
(C) in violation of the provisions of Article 25, does not apply to the certification body in accordance with the provisions of the certificate extensions, without the factory, sold, imported or used in other business activities included in the catalog of products.
Article 55 of the following circumstances, two by the local quality inspection bureau ordered to make corrections, if it fails, a fine of 20,000 yuan.
(A) violation of the provisions of Article 23 provides that the certified products and their sales package marked on the certificate contents is inconsistent with the contents of the certificate;
(2) violation of the provisions of Article 32, failing to use the certification mark.
Article 56 certification bodies, inspection bodies and laboratories issued a false conclusion or conclusions issued by a serious misrepresentation of the state commission shall revoke its designation; the directly responsible person in charge and persons directly responsible to remove the corresponding practitioners qualifications; constitutes a crime shall be investigated for criminal responsibility; losses and assume the corresponding liability.
Article 57 certification bodies, inspection bodies and laboratories of the following circumstances, the state commission should be ordered to correct, in serious cases, revocation of certification bodies to be specified until the revocation of the approval document.
(A) exceeds the specified products listed in the catalog business in the certification and related testing and certification, inspection activities;
(B) the transfer of designated certification services;
(C) continue to engage in specified business for rectification within the period of compulsory product certification, inspection and testing activities;
(D) ordered to stop after the expiry of the rectification by check is still not in line with the requirements.
Article 58 The State commission and the local quality inspection bureau and its staff of two, abuse of power, corruption, negligence, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Article 59 mandatory product certification for other illegal activities, in accordance with relevant laws and administrative regulations shall be punished.
Chapter VI Supplementary Provisions
Article 60 shall be compulsory product certification fee in accordance with relevant state regulations.
The provisions of Article 61 shall be interpreted by the AQSIQ.
Article 62 These Regulations shall Sept. 1, 2009 shall come into force. AQSIQ December 3, 2001 announced "compulsory product certification requirement" shall be repealed simultaneously.