Shanghai Industry and Commerce Administration on the issuance of "Shanghai Administration for Industry and commodity circulation quality sampling

Shanghai Municipal Administration for Industry and Commerce issued
Notice "the Shanghai Administration for Industry and commodity circulation quality sampling and testing the implementation of measures"

District (County) Market Authority, the branches, the Council of the offices, units directly under:
Now "the Shanghai Administration for Industry and commodity circulation quality sampling tests Implementation Measures" issued to you, please follow.



Shanghai Municipal Administration for Industry and Commerce
July 10, 2015

Shanghai Municipal Administration for Industry and Commerce
Commodity circulation quality sampling tests Implementation Measures

The first city in order to standardize the circulation of goods quality random inspection work to strengthen the city's current domain commodity quality supervision and management, to protect the legitimate rights and interests of consumers, according to "People's Republic of China Consumer Protection Law", "Product Quality Law of the People's Republic of China "" laws, regulations, rules and regulations of Shanghai consumer protection Ordinance "," Shanghai quality regulations "SAIC" commodity circulation quality sampling inspection approach ", combined with the city's industrial and commercial administration actual work, formulated.
Article Shanghai Administration (hereinafter referred to as the City of Industry), district (county) Market Authority, each and Industry Branch Trade and Industry Bureau to check the quality of goods circulation Corps to carry out random inspection (hereinafter the city administrative law referred sampling), application of this approach.
Article City of Industry is responsible for developing the sampling plan, sampling embodiment, the management agency for the seizure and disposal of sample testing, guidance, supervision and sampling processing of the results.
District (County) Market Authority, each of the City of Industry and Trade and Industry Branch Check Corps (hereinafter referred to as the implementation of sampling department) in accordance with the law and the municipal industrial and commercial bureau commissioned sampling work.
Article City of Industry, and implementation of sampling department can lawfully provide all kinds of goods and commodities trading venues of all kinds of logistics, warehousing, distribution, service and other consumer sites to carry out inspections, take samples.
The following sampling of goods should be treated as priorities:
(A) may endanger consumer health and personal and property safety of the product;
(B) the consumer, relevant organizations, the mass media concentrated reflection of the quality of the goods (including prizes, gifts);
(Iii) commodity market regulation and key special inspection;
(Iv) quality issues more prominent over the years sampling of goods;
(V) the higher authorities designated sampling of goods;
(F) laws, rules and regulations require sampling of other commodities.
Article sampling required funds into the budget.
Fiscal expenditure performed in the relevant regulations.
Performance evaluation and follow-up assessment of the implementation of the Financial funds sampling requirements.
To develop varieties of goods Article City of Industry, the annual work plan sampling to determine the sampling, timing and so on.
Due to unexpected events, particularly the requirements of higher authorities or regulatory work really need, BAIC can organize special sampling.
Article City of Industry, through the circulation of goods quality inspection sampling system (hereinafter referred to as the working system) to perform sampling annual work plan, the implementation of designated sampling sectors, specifically sampling specific job requirements.
Article VIII of the implementation of sampling departments should strictly carry out the work in accordance with the sampling plan sampling work, not free sampling.
Article IX of sampling inspection should be entrusted to inspection agencies have the legal qualification (hereinafter referred to as bearing inspection agency).
Article 10 Trade and Industry Bureau issued a sampling mission shall sign a commission contract with the bearing inspection agency issued "commodity circulation quality sampling inspection power of attorney."
Implementation of Article XI sampling department of law enforcement officers (hereinafter referred to law enforcement officials) should be sampled and bearing inspection agency personnel in accordance with the relevant provisions of the sampling work together to complete.
Sampling, operators should actively cooperate with according to law, can not be denied.
Article XII of the law enforcement personnel should be presented to the operators and law enforcement documents "commodity circulation quality sampling inspection notice" fill in "the circulation of goods quality inspection sampling single" faithfully record the name of the operator, the nominal sampling product specifications , production date, nominal producer (importer) names, trademarks and nominal performance standards and other product information.
"Commodity circulation quality sampling inspection list" should consist of law enforcement officers, bearing inspection agency sampler, the operator signed or stamped.
Operators refused to provide a sample or refused to sign deemed rejected sampling.
Article XIII Law enforcement officers should check with the sampling tickets commodity-related books, supply, quantity, location of inventory, inventory, sales and other information; production license management of goods in accordance with the laws and regulations, operators should provide prove. Law enforcement officers should be recorded on the information, the operator and confirmed by the signature.
Law enforcement officers from seven working days to complete the sampling work shall be the date of the sample information is complete and accurate entry work system.
Article XIV sampling required test samples and duplicate sample should like closure, by law enforcement officers, bearing inspection agency sampler, operator signature.
Backup sample may be brought back by the seizure mechanism sampler to be kept by the operators of local storage.
Local storage vault backup sample, the operator shall keep, shall not be opened without permission, changed or damaged.
Article XV bearing inspection agency shall notify the nameplate on the product packaging or in writing producers (importers) confirmed information about the sample.
Producer (importer) denial in writing, the seizure shall promptly inform the relevant information Municipal Industrial and Commercial Bureau.
Article XVI of goods or their product standards specified in the packages for corporate standards, the operator shall, from the date of receipt of the notification, within fifteen days of sampling related to the implementation of the standard sampling department.
Within five working days, inform the sampled operators Article 17 City of Industry shall receive the test results, the service "commodity circulation quality sampling test results notice" to the operator. Inspection agency shall notify the nominal sample producers (importers), and ordered sampled operators within a time limit.
Article 18 sampled operators or nominal producer (importer) disagrees with the results of the inspection shall be the date of receipt "commodity circulation quality sampling test results notice" in the City of Industry, fifteen days submit a written application for re-examination. Re-examination of the application shall state the reasons for objection retest.
Late written application for re-examination is not proposed as an admission test results.
Article 19 of the following circumstances, shall not be re-examination:
(A) operators of privately opened, or damaged exchange backup sample;
(Ii) late challenge re-examination of the application;
(C) not re-examination of other cases.
Re-examination of the conditions in line with Article XX, City of Industry, recheck institution shall promptly determine and notify the applicant and the re-examination bearing inspection agency. Retest applicant and bearing inspection agency shall date of receipt of the notification within seven days, according to the requirements apply for re-examination procedures.
Twenty-one of the original sample or retesting should backup sample tested. After the inspection, re-inspection agency shall, within the agreed time limit will review the results inform the City of Industry. Review the results issued by the re-examination of the final conclusions of the examination.
No objection is raised or not to apply for re-examination re-examination of the initial test results for the final conclusions of the examination.
Article 22 retest fee paid in advance by the applicant re-examination.
Review the results of the samples pass judgment, the municipal industrial and commercial bureau bear the cost of re-examination; retesting samples failed the result of the determination, re-inspection costs borne by the applicant re-examination.
Re-examination within five working days from the applicant issued a "notice of inspection results" Japanese Trade and Industry Bureau Article 23 shall receive the results of the re-examination.
Article 24 The City of Industry shall promptly pooled analysis of data sampling, and sampling results announcement and related information to the public through the website of the City of Industry.
City of Industry, without the consent of any unit or individual shall not be announced or leaked sampling information.
Sampling results and related data can not be used for commercial purposes.
Article 25 of the law is judged to be substandard goods, the operator shall from the date of receipt "circulation of goods quality inspection results service book," according to the relevant regulations, "Shanghai Quality Regulations" on the stock products, the sale of products to conduct a comprehensive clean-up, and make a record for the industry and commerce administration verification.
Operators refused to follow the provisions of "Shanghai Quality Regulations" clean up substandard goods processing, sampling department shall deal with the implementation of Article 46 of the "Shanghai Quality Regulations" requirement.
Article 26 law is judged to be substandard goods, the implementation of sampling department shall order sampled operators immediately ordered to stop selling, and according to applicable laws.
Implementation of sampling department discovered and deemed defective goods, there endanger personal and property safety hazard, it shall immediately order the operators to take to stop selling, warning and other measures, shall promptly inform the relevant local commodity producers nominal administrative departments.
Article 27 The City of Industry has announced endanger personal and property safety hazard and do not meet the mandatory standard list of commodities, the operators of the city within the scope of the list should immediately stop the sale of goods of the same mark in the same specification models.
We have taken measures to eliminate the risk and, by the statutory inspection agency requirements of personal and property safety requirements of the product, can continue to sell.
Article 28 of the following circumstances, the municipal industrial and commercial bureau can organize sampling follow:
(A) may endanger the consumer personal and property safety of substandard goods;
(B) sampling found high failure rate of the commodity;
(C) the need to expand the sampling range of other goods.
Article 29 law is judged to be substandard goods, consumer demands for return, the operator shall return.
Returns for refusing to perform the obligations of operators, City of Industry, and implementation of sampling department shall deal with the provisions of "People's Republic of China Consumer Protection Law" and other relevant laws and regulations.
Article 30 The sampling found that goods may be a security risk, BAIC can organize the relevant experts to analyze and evaluate.
Analysis of evaluation findings indicate that the presence of the relevant goods affect human health and personal and property safety hazard, City of Industry shall issue circulation of goods quality and safety risk warning.
Article 31 The City of Industry, and departments should implement sampling every quarter to the same level of government and higher industrial and commercial administrative departments to submit follow-up sampling and analysis of the work of Supervision.
Article 32 The City of Industry, and implementation of sampling sampling department shall keep relevant papers and materials.
Paperwork shelf life of less than two years.
Article 33 The sampling required test samples, according to the operators of the purchase price to buy. Test samples have to meet the requirements and use value of fixed assets of the relevant provisions of physical management process in accordance with the City of Industry. Destructive testing and inspection is not performed on the sample quality is not materially affected, with a test sample can be provided free of charge by the operator. Inspection meet the requirements, a refund operator; unqualified by the implementation of sampling department in accordance with relevant regulations.
Sampling required backup samples provided free of charge by the operator.
Article 34 The City of Industry is determined bearing inspection bodies meet the requirements in accordance with the relevant provisions of the "People's Republic of China Government Procurement Law", and announced the formation of the Shanghai commodity circulation quality sampling bearing inspection agency directory (hereinafter referred to as the agency directory).
Bearing inspection agency within the agency directory can not afford the sampling tasks, City of Industry, commissioned the inspection agency may have the ability to bear the corresponding test inspection.
Article 35 The comprehensive evaluation based on the feedback and other information, BAIC implement sampling department to the quality of work bearing inspection agencies to conduct an annual.
According to the results of the appraisal, City of Industry Directory of regularly adjusted and re-released.
Article 36 of the Measures from the date of promulgation, is valid until December 31, 2019.