Article 17: The sampling personnel for national supervision and spot inspection shall be composed of personnel assigned by the provincial quality and technical supervision department where the enterprise to be inspected is located, and personnel from the inspection unit. When going to the enterprise for sampling, at least 2 or more sampling personnel should participate. Sampling personnel are strictly prohibited from notifying the companies under random inspection in advance, and the companies under random inspection or companies with direct or indirect relationships with them are strictly prohibited from participating in reception work.
Before sampling, the sampling personnel should present the "Notice of National Supervision and Spot Inspection of Product Quality" issued by the General Administration of Quality Supervision, Inspection and Quarantine and a valid identity document (ID card and work permit), and introduce the nature and sampling of national supervision and spot inspection to the enterprise. methods, inspection basis, judgment rules, etc., and then conduct sampling.
Article 18: Samples for random inspections shall be taken from the products to be sold on the market or in the enterprise's finished product warehouse, and the samples shall be guaranteed to be representative. The samples taken should be products produced recently that have passed the company's inspection and passed the inspection. Sampling is not allowed in any of the following situations:
(1) The enterprise being randomly inspected does not have the products listed in the "Notice of National Supervision and Spot Inspection of Product Quality";
(2) Products Those that have not passed the inspection by the enterprise;
(3) There is sufficient evidence to prove that the products to be randomly inspected are self-produced and used by the enterprise and are not for sale;
(4) The products are Processing and production as stipulated in a valid contract;
(5) There is sufficient evidence during sampling to prove that the product is for export, and the export contract has other provisions on product quality;
( 6) The product is marked with the words "trial production" or "processing";
(7) The product sampling base does not meet the requirements of the random inspection plan.
Article 19 If an enterprise subject to random inspection encounters any of the following circumstances, it may refuse to accept the random inspection:
(1) The sampling personnel are less than 2;
< p>(2) The name of the sampling person does not match the "Notice of National Supervision and Spot Inspection of Product Quality";(3) The "Notice of National Supervision and Spot Inspection of Product Quality" and the valid ID card that the sampling person should carry ( ID card and work permit) and other materials are incomplete;
(4) The name of the enterprise and product subject to spot inspection is inconsistent with the "Notice of National Supervision and Spot Inspection of Product Quality";
(5) The sampling personnel shall notify the enterprise in advance.
Article 20 When sampling personnel seal samples, they should take measures to prevent tampering to ensure the authenticity of the samples.
Article 21: After the sampling work is completed, the sampling personnel shall fill in the sampling form. The sampling list includes the company name, trademark, specifications and models, production date, sampling date, sampling base, sampling quantity, implementation standards, inspection basis, whether it is a qualified product for sale, whether it is an export product, whether the batch of products has a contract, production License and certification information must be filled in clearly item by item. If the enterprise needs to make a special statement, please explain it in the remarks column.
Article 22 The sampling form must be signed by the sampling personnel and relevant personnel of the enterprise under random inspection, and must be stamped with the official seal of the enterprise under random inspection. For special circumstances, it can be confirmed by the local quality and technical supervision department.
Quadruplicates of the sample should be kept separately for the inspection agency and the enterprise, and sent to the local provincial quality and technical supervision department and submitted to the General Administration of Quality Supervision, Inspection and Quarantine.
Article 23: If there are no samples to be taken due to production changes, suspensions, etc., the enterprise must issue written certification materials; the sampling personnel should check the relevant ledgers for confirmation and sign on the certification materials.
Article 24 If the enterprise subject to spot inspection refuses to conduct sampling in accordance with the law, the sampling personnel shall patiently do the work and explain the consequences and handling measures of the refusal; if necessary, the provincial quality and technical supervision department may notify the local The quality and technical supervision department shall coordinate. If the enterprise still refuses to accept the spot inspection, the sampling personnel shall promptly report the situation to the provincial quality and technical supervision department and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, and the enterprise shall be punished as if it refuses the national supervision and spot inspection of product quality (hereinafter referred to as "rejection of inspection").
After the sampling work is completed, the sampling personnel are responsible for promptly submitting the second copy of the "Notice of National Supervision and Spot Inspection of Product Quality", the sampling sheet and the spot inspection plan to the provincial quality control center where the enterprise being randomly inspected is located. Technical supervision department.
If an enterprise is required to assist in sending samples, the enterprise shall send the samples to the designated inspection agency within the specified time. Failure to send or deliver samples without justifiable reasons will be treated as refusal of inspection.
Article 26 After sampling, if the sample is taken from the market, the inspection agency shall also notify the manufacturer named on the product package or nameplate in writing by express mail, and the manufacturer shall confirm the authenticity of the sample. Authenticity. If an enterprise does not receive any written reply within 15 days after receiving the written notice, it will be deemed to confirm that the product is produced by the enterprise.
Article 27: The sampled samples shall be retained for three months after the results of the national supervisory inspection are released. After expiration, the samples shall be returned to the enterprise subject to spot inspection. Samples that cannot be returned due to damage or loss due to inspection do not need to be returned, but the situation must be explained to the enterprise under random inspection. If the enterprise requires that the sample not be returned, it can be resolved through negotiation between the two parties.
The inspection agency shall properly preserve spare samples.