Chapter 1 General Provisions Article 1 In order to strengthen the supervision and management of commodity quality in the circulation field, protect the legitimate rights and interests of consumers, and maintain social and economic order, in accordance with the "Consumer Rights and Interests Protection Law of the People's Republic of China" The People's Republic of China and the Domestic Product Quality Law and other laws and administrative regulations have formulated these Measures. Article 2 The industrial and commercial administrative departments at or above the county level (including the market supervision and management departments that perform industrial and commercial administrative duties, the same below) shall, in accordance with laws, regulations and the provisions of these Measures, supervise and manage the quality of commodities in the circulation field within their respective administrative areas. Investigate and deal with product quality violations. Article 3 The administrative department for industry and commerce shall implement a supervision and inspection system with spot checks as the main method for the quality of commodities in the circulation field, strengthen the supervision and management of commodity quality, urge operators to fulfill their commodity quality obligations, and protect the legitimate rights and interests of consumers. Article 4 The industrial and commercial administrative departments shall establish mechanisms for situation reporting, information sharing, case transfer, and regulatory linkage to strengthen law enforcement collaboration and improve regulatory and law enforcement effectiveness. Article 5 When imposing administrative penalties for violations of commodity quality laws, the industrial and commercial administration departments shall adhere to the principles of fairness, openness and timeliness, adhere to the combination of punishment and education, and educate and urge operators to consciously perform their legal obligations. Chapter 2 Operators’ Commodity Quality Obligations Article 6 Sellers shall establish and improve commodity quality management systems such as incoming goods inspection and acceptance, suspension of sales, returns and exchanges, etc., to ensure the quality of goods, in accordance with the provisions of laws, regulations, these Measures and the requirements for consumers. Commit to fulfill product quality obligations and assume responsibility for product quality. Article 7 Sellers shall strictly implement the incoming goods inspection and acceptance system, truthfully record the incoming goods inspection and acceptance status, and take necessary storage measures based on the characteristics of the goods to maintain the quality of the goods sold.
The contents of inspection and acceptance mainly include:
(1) The supplier’s subject qualifications;
(2) Product qualification certificates and other identifications;
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(3) Inspect the licenses and certification certificates for commodities subject to production licenses or compulsory product certification systems in accordance with laws and regulations. Article 8 The labels on the goods for sale or on their packaging must be authentic, accurate, easy to identify, must not mislead consumers, and meet the following requirements:
(1) Have a certificate of product quality inspection;
(2) The product name, manufacturer name and address are marked in Chinese;
(3) According to the characteristics and usage requirements of the product, the product specifications, grades, and main ingredients need to be marked , content and other contents that need to be known to consumers in advance;
(4) Products with limited use period should clearly indicate the production date and safe use period or expiration date in a prominent position;
(5) Goods that are improperly used and may easily cause damage to the goods themselves or may endanger personal or property safety should have clear warning signs or Chinese warning instructions;
(6) Other laws, regulations and mandatory standards Specify what should be marked.
Goods sold by sellers using their own trademarks or entrusting others to produce them shall be labeled in accordance with the provisions of the preceding paragraph of this article.
Naked products that are difficult to attach a label due to the characteristics of the product do not need to be attached with a product label. Article 9 Imported goods for sale shall meet the following requirements:
(1) Have the name of the product, place of origin, name and address of the importer or general distributor indicated in Chinese;
(2) ) Goods that are related to human health and personal and property safety or that have special requirements for use and maintenance should be accompanied by Chinese instructions;
(3) Goods that are limited to use must have an expiration date written in Chinese;
(4) For goods that are assembled or subpackaged from imported parts, the name and address of the assembly or subpackaging factory should be written in Chinese on the goods or packaging.
Article 10 Sellers shall not sell the following commodities:
(1) Commodities that do not comply with national standards and industry standards for protecting human health and personal and property safety;
(2) Products that do not comply with Goods that comply with the product standards marked on the goods or their packaging, goods that do not meet the quality status indicated by product descriptions, physical samples, etc., or goods that do not have the performance they should have;
( 3) Goods that have been explicitly eliminated and banned from sale by the state;
(4) Goods that forge their place of origin, forge or falsely use other people’s factory names and addresses, or forge or falsely use quality marks such as certification marks;
(5) Products that have expired or deteriorated;
(6) Products with tampered production dates. Article 11 When selling goods, sellers shall not adulterate or adulterate them, pass off fake goods as genuine or inferior goods as good goods, and shall not pass off substandard goods as qualified goods. Article 12 If the goods sold have performance defects but do not violate the mandatory provisions of the law, the seller shall clearly mark "processed goods", "defective goods", "etc." in a conspicuous position on the goods, packaging or sales place. "foreign product", etc., and truthfully explain the defects or actual quality status of the product through notices and other means. Article 13: Sellers shall not purchase or sell commodities without a factory name, factory address, or other unknown sources. Article 14 Prizes, gifts and other commodities deemed to be sold shall comply with the provisions of Articles 8 to 13 of these Measures. Article 15 Operators in the service industry shall not use the goods prohibited from sale in Articles 10 and 11 of these Measures for commercial services.