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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION, EXAMINATION AND ADMINISTRATION OF COMMODITY INSPECTION MARKS CHAPTER III SUPPLEMENTARY ARTICLES CHAPTER I GENERAL PROVISIONS Article 1. These Provisions are formulated for implementation on import and export commodity inspection marks in accordance with Articles 19, 22 and 23 of "the Laws of the People's Republic of China on Import and Export Commodity Inspection" and "Administrative Provisions on Quality Supervision of Import Commodities" issued jointly by the State Administration of Import and Export Commodity Inspection, the State Economic Commission, the Ministry of Foreign Economic Relations and Trade and Customs General Administration of the People's Republic of China. Article 2. These Provisions are applicable for varieties of commodity inspection marks used for inspection, accreditation and quality license system of import and export commodities. Article 3. The State Administration of Import and Export Commodity Inspection of the People's Republic of China (hereinafter referred to as the State Administration of Commodity Inspection) shall exercise unified control of granting commodity inspection marks and their usage in the whole country. The local import and export commodity inspection authorities (hereinafter referred to as the commodity inspection authorities) set up by the State Administration of Commodity Inspection are responsible for management work of granting commodity inspection marks, their usage and supervisions of commodities in regions under their jurisdictions. Article 4. Any enterprises dealing with processing and manufacture of export commodities, or foreign trade departments within the boundary of the People's Republic of China, or foreign manufacturers or their agents, from whom commodities are imported, may volunteer to apply to the State Administration of Commodity Inspection or relative commodity inspection authorities for commodity inspection marks in accordance with these Provisions. CHAPTER II APPLICATION, EXAMINATION AND ADMINISTRATION OF COMMODITY INSPECTION MARKS Article 5. For these export commodities in relation to safety or sanitation and having won the title of super quality products of national level or super quality products of provincial level for two years in succession, the applicant can apply to local commodity inspection authorities for "Safety Marks", "Sanitation Marks" and "quality Marks" separately. Article 6. For those import commodities under quality license system, the applicant must apply for "Safety Marks"; for other import commodities, the applicant may volunteer to apply to the State Administration of Commodity Inspection or its designated commodity inspection authorities for "Quality Marks". Article 7. When applying to the State Administration of Commodity Inspection or relative commodity inspection authorities for commodity inspection marks according to these Provisions, the applicant shall fill out the application form and attach manufacture and testing conditions and relevant information. Article 8. After receipt of the application form and relevant information, the relative commodity inspection authorities, in accordance with the standard of examination issued by the State Administration of Commodity Inspection, shall perform inspection and examination of samples concerned, manufacture and testing conditions alone or jointly with the other departments concerned. Those commodities conforming with the following requirements can be approved to use corresponding commodity inspection marks and import commodities must be reported to the State Administration of Commodity Inspection for approval: (1) For these export commodities conforming with the State or international safety standards and provisions concerned and those import commodities conforming with the State laws and regulations or standards on safety, Safety Marks can be used; (2) For those export commodities conforming with the State foodstuffs sanitation standards or other sanitation standards concerned, Sanitation Marks can be used; (3) For those import commodities conforming with the standard of super quality products of national level or foreign advanced standards, and those import commodities conforming with the stipulations of foreign trade contract or quality standards of foreign manufacturers Quality Marks can be used. Article 9. All import and export commodities which commodity inspection marks are attached to must accept inspection and supervision performed by the commodity inspection authorities. Article 10. If the commodities are found substandard twice through inspection or random inspection and the responsibility is on the side of the applicant, the commodity inspection marks shall be revoked. Article 11. When the production conditions and testing conditions of processing manufacturers change, the applicant should reapply for commodity inspection marks. Only after the commodities are up to a standard through examination, the commodity inspection marks can be used. Article 12. Commodity inspection marks shall be managed by a person appointed by the applicant and attached at obvious places on the import and export commodities or their packaging. Article 13. For those import and export commodities having been approved to use commodity inspection marks, the applicant may make use of advertisement for propaganda and the words used for the advertisement must the reported to the State Administration of Commodity Inspection for approval in advance. Article 14. No commodity inspection marks are permitted to be used, falsified or transferred purposely. Anyone who is in violation of the provisions shall be punished according to the provisions concerned of the Law of the People's Republic of China on Import and Export Commodity Inspection, and the commodities which commodity inspection marks have been attached to purposely shall be recalled. CHAPTER III SUPPLEMENTARY ARTICLES Article 15. As per the complicated extent of inspection and examination of varieties of commodities, the inspection fees shall be collected from the applicant by the State Administration of Commodity Inspection or relative commodity inspection authorities. If the commodities are not up to the standard through inspection, inspection fees shall be collected again for re-application. Article 16. When using commodity inspection marks, the applicant should pay the cost of the production of commodity inspection marks. Article 17. The designs of commodity inspection marks shall be promulgated in a unified way by the State Administration of Commodity Inspection. Article 18. The right to interpret these Provisions resides in the State Administration of Commodity Inspection. Article 19. These Provisions shall be implemented from August 1, 1989 and "Administrative Provisions on Chinese Commodity Inspection Marks" (Trial) issued on Dec. 28, 1987 shall be abolished simultaneously. |
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