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Article 1. The present Measures are hereby formulated in accordance with the Metrology Law of the People's Republic of China, Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and the relevant laws and regulations for the purpose of maintaining the order of socialist market economy, preventing the illegal acts of cheating consumers by making use of metrology means, and protecting the lawful rights and interests of consumers. Article 2. The present Measures must be abided by for undertaking the sale of retail commodities and making metrology supervision over it within the territory of the People's Republic of China. The retail commodities mentioned in the present Measures shall refer to the food and the gold and silver decorations settled by weight. Other commodities settled by weight or by capacity, length or area shall be prescribed separately. The Regulation on the Supervision over the Measurement of Quantitative Packing Commodities shall be followed for the production and sale of quantitative packing commodities and the supervision over their measurement. Article 3. When selling commodities, a retailer must use eligible instruments of measurement, and the allowed maximum error shall precede or be equal to the minus deviation of the commodities sold. Article 4. Where a retailer uses weighing instrument of measurement to weigh up commodities on the spot, he shall make settlement according to the actual value indicated by the weighing instrument of measurement to ensure that the measurement of the quantity of commodities be up to the standard. Article 5. Where a retailer uses weighing instrument of measurement to weigh up commodities on the spot each time, and the commodities are within the weighing scope of Attachment Table I and Attachment Table II of the present Measures, the margin between the actual numerical value of weight and the numerical value of weight for settlement after checking and weighing may not exceed the minus deviation prescribed by the Tables. Article 6. A retailer or metrology supervisor may check and weigh up commodities in light of the following methods: (1) Method of checking and weighing with original instrument of measurement: When directly checking and weighing up a commodity, the margin between the numerical value of weight of the commodity checked and weighed and the settlement (nominal) numerical value of weight shall not exceed the minus deviation of the commodity, and the allowed maximum error between weighing and its equivalent numerical value of weight of the commodity checked and weighed shall precede or be equal to one third of the minus deviation weight of the commodity sold, the margin between the value indicated by the weight and the numerical value of weight of the commodity checked and weighed shall not exceed the minus deviation of the commodity; (2) Method of checking and weighing with high accuracy weighing instruments of measurement: When a commodity is checked and weighed directly by using instruments of measurement whose allowed maximum error precedes or is equal to one third of the minus deviation of the commodity sold, the margin between the actual numerical value of weight and the settlement (nominal) numerical value of weight of the commodity shall not exceed the minus deviation of the commodity; (3) Method of checking and weighing with equal accuracy weighing instruments of measurement: When a commodity is checked and weighed directly by using another instrument of measurement whose allowed maximum error precedes or is equal to the minus deviation of the commodity sold, the margin between the actual numerical value of weight and the settlement (nominal) numerical value of weight shall not exceed 2 times of the minus deviation of the commodity. Article 7. In case the variety name has not been listed in the food category of Attachment I of the present Measures, the provisions on the corresponding price grade of any food shall apply. Article 8. The relevant provisions of national standard and industry standard shall be complied with for water capacity of any commodity checked and weighed and the computation of water capacity. Article 9. No retailer may refuse the supervision over and inspection on the measurement of commodities sold conducted according to law by the quality and technology supervision departments or the administrative department for industry and commerce. Article 10. If any of the following circumstances occurs, the local quality and technology supervision department or the administrative department for industry and commerce at or above the county level may give an administrative punishment in accordance with the metrology law, law on the protection of the consumers' rights and interests and the relevant laws, regulations or rules: (1) A retailer violates the provisions of Article 3 of the present Measures; or (2) The commodities sold out by a retailer exceeds the minus deviation prescribed in Attachment I and Attachment II of the present Measures after checking and weighing, which lead to damage to any consumer. Article 11. The administrative punishment prescribed in the present Measures shall be decided by the local quality and technology supervision departments or the administrative departments for industry and commerce at or above the county level. When executing an administrative punishment, the local quality and technology supervision departments or the administrative departments for industry and commerce at or above the county level shall abide by the relevant provisions of the State Administration of Quality Supervision, Inspection and Quarantine or the State Administration for Industry and Commerce on the procedures for handling administrative cases. Article 12. In case the opposite party of administration punishment has any objection to the decision on the administrative punishment, he/it may apply for administrative reconsideration or file administrative litigation according to law. Article 13. The power to interpret the present Measures shall remain with the State Administration of Quality Supervision, Inspection and Quarantine and the State Administration for Industry and Commerce according to their division of functions. Article 14. The present Measures shall come into force as of December 1, 2004. The Provisions on the Supervision over Weighing Up and Measuring of Retail Commodities, which were promulgated jointly by the former State Administration of Technology Supervision, Ministry of Domestic Trade and the State Administration for Industry and Commerce (No. 26 [1993] of the State Administration of Technology Supervision) shall be repealed simultaneously. ATTACHMENTS: Table I: Varieties of Food Table II: Non-food TABLE I: VARIETIES OF FOOD VARIETIES OF FOOD AND GRADES OF PRICE Grain, Vegetables, Fruit or Food whose price is no higher than 6 Yuan/kg Weighing Scope (M) : M=/<1kg Minus Deviation: 20g Weighing Scope (M) : 1kg Weighing Scope (M) : 2kg Weighing Scope (M) : 4kg VARIETIES OF FOOD AND GRADES OF PRICE Meat, Eggs, Poultry*, Sea or Water products*, Cakes, Candies, Spices or Food whose price is higher than 6 Yuan/kg but no higher than 30 Yuan/kg Weighing Scope (M) : m=/<2. 5kg Minus Deviation: 5g Weighing Scope (M) : 2.5kg Weighing Scope (M) : 10kg VARIETIES OF FOOD AND GRADES OF PRICE Dried vegetables, Delicacies from land and sea or Food whose price is higher than 30 Yuan/kg but no higher than 100Yuan/kg Weighing Scope (M) : m=/<1kg Minus Deviation: 2g Weighing Scope (M) : 1kg Weighing Scope (M) : 4kg VARIETIES OF FOOD AND GRADES OF PRICE Food whose price is higher than 100Yuan/kg Weighing Scope (M) : m=/<500g Minus Deviation: 1g Weighing Scope (M) : 500g Weighing Scope (M) : 2kg *Note: Excluding live poultry, live fish and saturated food. Table II: NON-FOOD NAME: Gold Decorations Weighing Scope (m) : m(per article)=/<100g Minus Deviation: 0.01g NAME: Silver Decorations Weighing Scope (m) : m(per article)=/<100g Minus Deviation: 0.1g |
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