中华人民共和国标准条例-第4部分
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standards and examining the technical aspects of the drafts。 Where
standardization technical mittees have not been set up; the units
charged with specific responsibility for standardization technology may
take charge of drafting standards and examining the technical aspects of
the drafts。
It is necessary to heed fully the opinions of the users and research
institutions for science and technology in formulating enterprise
standards。
Article 20
After standards go into effect; the departments which formulated the
standards shall carry out timely reexaminations in light of the
development of science and technology and the needs of economic
construction。 Normally; reexamination should be conducted every five
years; at the longest。
Article 21
The procedures of coding and numbering for national; trade and local
standards shall be provided for by the administrative department in charge
of standardization under the State Council。
The procedures of coding and numbering for enterprise standards shall be
provided for by the administrative department in charge of standardization
under the State Council in conjunction with the relevant petent
administrative departments under the State Council。
Article 22
The procedures of publication and distribution of standards shall be
stipulated by the departments which have formulated the standards。
【章名】 Chapter IV Implementation and Supervision Concerning Standards
Article 23
Any units and individuals that are engaged in scientific research;
production and operation must strictly implement pulsory standards。 The
products which do not measure up to pulsory standards may not be
allowed to be produced; marketed or imported。
Article 24
Enterprises may go by the national; trade and local standards or
enterprise standards in production。 The codes; serial numbers and names of
the standards should be marked on their products; or written in the
technical manuals or on the packages。
Article 25
The technical requirements for export products shall be agreed upon by the
two contracting parties。
When those export products which should be subject to pulsory standards
of China are sold at domestic markets; they must meet the requirements of
the relevant pulsory standards。
Article 26
Enterprises should meet standardization requirements in developing new
products; improving products or carrying out technical innovations。
Article 27
The administrative department in charge of standardization under the State
Council organizes or authorizes the relevant petent departments under
the State Council to set up trade attestation agencies for carrying out
product quality attestation。
Article 28
The administrative department in charge of standardization under the State
Council shall be responsible for the supervision over the implementation
of standards throughout the country。 The relevant administrative
departments under the State Council shall be responsible for the
supervision over the implementation of the standards in their respective
departments and trades。
The administration departments for standardization in the provinces;
autonomous regions and municipalities directly under the Central
Government shall be responsible for the supervision over the
implementation of the standards in their respective administrative areas。
The relevant administrative authorities in the people's governments in the
provinces; autonomous regions and municipalities directly under the
Central Government shall be responsible for the supervision over the
implementation of the standards in their departments and trades in the
respective administrative areas。
The administrative departments for standardization and the relevant
administrative authorities in municipalities and counties shall be
responsible for the supervision over the implementation of the standards
in their respective administrative areas according to the duties assigned
to them by the people's governments of the provinces; autonomous regions
and municipalities directly under the Central Government。
Article 29
The administrative departments in charge of standardization in the
people's governments above county level may; according to their needs; set
up examination agencies or authorize the examination agencies of other
units to ensure products are up to the standards and undertake other tasks
of supervision and examination concerning the implementation of standards
in setting up examination agencies; attention should be paid to a rational
geographical allocation and making full use of the available personnel and
facilities。
The establishment of state examination agencies shall be planned and
examined by the administrative department in charge of standardization
under the State Council in conjunction with the relevant administrative
departments under the State Council。 The establishment of local
examination agencies shall be planned and examined by the administrative
departments in charge of standardization in the people's governments of
the provinces; autonomous regions and municipalities directly under the
Central Government in conjunction with the relevant administrative
authorities at provincial level。 The data provided by the examination
agencies stipulated in this Article shall be taken as the criterion in
solving disputes over whether certain products are up to the relevant
standards。
Article 30
The relevant administrative departments under the State Council may;
according to the needs and relevant stipulations of the State; set up
examination agencies to undertake the examination tasks in their trades
and departments。
Article 31
State organs; social organizations; enterprises; institutions and citizens
all have the right to inform against and expose acts of violating
pulsory standards。
【章名】 Chapter V Legal Liability
Article 32
Those who violates the Standardization Law and the relevant provisions of
these Regulations in one of the following circumstances shall be ordered
to correct their mistakes within a set time…limit by the administrative
departments in charge of standardization or the relevant administrative
authorities within their respective petence; which may also circulate
notices of criticism or give administrative sanctions to the persons held
responsible for the violations:
(1) enterprises fail to formulate standards as the basis for organizing
production according to the relevant stipulations;
(2) enterprises fail to report standards for products to higher
authorities for the record according to the relevant stipulations;
(3) enterprises fail to put marks on their products according to the
relevant stipulations or put marks other than their own on their products;
(4) enterprises fail to meet standardization requirements in developing
new products; improving products and carrying out technical innovations;
(5) provisions concerning relevant pulsory standards are violated in
scientific。 research; designing and production。
Article 33
Enterprises that produce products which fail to meet pulsory standards
shall be ordered to stop production and their products shall be
confiscated; destroyed under supervision or subjected to necessary
technical treatment。 A fine ranging from 20% to 50% of the total value of
the goods shall be imposed on the enterprises and a fine of 5;000 yuan or
less on the persons held responsible。
Those who sell goods which are not up to the pulsory standards should
be ordered to stop their sales and recover the goods which have already
been sold within a set time…limit。 All the goods should be destroyed under
supervision or subjected to necessary technical treatment。 The illegal
gains shall be confiscated and a fine ranging from 10% to 20% of the total
value of the goods shall be imposed on the units and a fine of 5;000 yuan
or less on the persons held responsible。
If any units import goods which are not up to pulsory standards; the
goods should be sealed up for safekeeping and confiscated; destroyed under
supervision or subjected to necessary technical treatment。 A fine ranging
from 20% to 50% of the total value of the imported goods shall be imposed
on the units; administrative sanctions shall be given to and a fine of
5;000 yuan or less may also be imposed on the persons held responsible。
The order to stop production and the administrative sanctions provided for
in this Article shall be decided by the relevant administrative
authorities。 Other administrative sanctions shall be decided by the
administrative departments for standardization and the administrative
departments in charge of industry and merce within their petence。
Article 34
Where units cause serious consequences and mit crimes by producing;
marketing and importing products which fall short of the pulsory
standar