Laws of the People's Republic of China

The General Administration of Quality Supervision, Inspection and Quarantine of the State

The Decree of the General Administration of Quality Supervision, Inspection and Quarantine

No. 76

The Measures for the Administration of Barcode for Commodity, which was deliberated and adopted in the executive meeting of the General Administration of Quality Supervision, Inspection and Quarantine on May 16, 2005, is hereby promulgated and shall be implemented as of October 1, 2005, while the Measures for the Administration of Barcode for Commodities as promulgated by the former General Administration of Quality and Technology Supervision on July 3, 1998 shall be abolished simultaneously.

Director of the General Administration of Quality Supervision, Inspection and Quarantine Li Changjiang

May 30, 2005

The Measures for the Administration of Barcode for Commodity

Chapter I General Provisions

Article 1

This Measures is promulgated in accordance with relevant provisions of the state with a view to standardizing the administration of the barcode for commodity, assuring the quality of the barcode for commodity, accelerating the application of barcode for commodity in such areas as electronic commerce and commodity circulation, etc. and improving the development of informatization of the electronic commerce and the commodity circulation.

Article 2

The barcode for commodity as referred to in this Measures includes the number and barcode marks of retail commodity, non-retail commodity, logistic unit and location.

The state adopts the international commonly used commodity number and barcode mark system to generalize the application of the barcode for commodity and establish the commodity mark system of the state.

Article 3

The Measure applies to the registration, numbering, printing, application for and the administration of the barcode for commodity within the territory of the PRC.

Article 4

The General Administration of Quality Supervision, Inspection and Quarantine of the State (hereinafter referred to as the AQSIQ) and the Standardization Administration of China (hereinafter referred to as the SAC) are the authorities in charge of the business of barcode for commodity around the country to organize and administer in a unified manner. The Article Numbering Center of China (hereinafter referred to as the ANCC) is the competent department for national affairs of barcode for commodity and in charge of the specific implementation of the administration of the barcode for commodity around the country.

Article 5

The company prefix is an important constituent of the barcode for commodity. Any entity or individual using the barcode for commodity shall be verified and registered in accordance with this Measures to obtain company prefix.

Chapter II Registration

Article 6

The manufacturer, seller and service provider that has obtained in accordance with law the business license and relevant legal business qualification may apply for the registration of company prefix.

Where the subsidiary company of a group that has independent legal person status needs to use barcode for commodity, it shall apply independently as prescribed for the registration of company prefix.

Article 7

The applicant for the registration of company prefix (hereinafter referred to as the applicant) may apply for the registration of company prefix to the local branch of the ANCC (hereinafter referred to as the BANCC).

The applicant shall fill in the Registration Table for Members of China Barcode for Commodity System, produce business license or certificate of relevant legal business qualification and provide copies thereof.

Article 8

The BANCC shall finish the preliminary examination of the applying materials as provided by the applicant within 5 workdays. With respect to those qualified in the preliminary examination, the BANCC affixes opinion and submits to the ANCC for examination and approval; with respect to those unqualified, the BANCC shall return the applying materials back to the applicant and give an account thereof.

Article 9

With respect to the applying materials qualified in the preliminary examination, the ANCC shall finish the examination and approval procedures within 5 workdays since the applicant pays relevant fees. With respect to those satisfying the requirements in article 6 and 7, the ANCC verifies and approves the registration of the company prefix of the applicant; with respect to those dissatisfying the prescribed requirements, the ANCC shall return the applying material back to the BANCC and give an account thereof.

Article 10

The applicant whose registration of company prefix has been approved will be granted the Certificate of Membership of China Barcode for Commodity System (hereinafter referred to as the System Membership Certificate) and thus obtains the status as member of China Barcode for Commodity System.

Article 11

The company prefix may not be registered under one of the following circumstances:

(1)

Where the business license or relevant legal business qualification certificate fails to be produced.

(2)

With respect to such institutions as the social organization, trade association, intermediate institution or entity, the company prefix is not to be used by the entity itself. or

(3)

Any other circumstance in violation of laws, regulations or the Article of Association of EAN International.

Article 12

The ANCC shall publish periodically the members of the system and the registered company prefix thereof.

Chapter III Numbering, Design and Printing

Article 13

The numbering, design and printing of barcode for commodity shall accord with the regulations of such state standard as the Barcode for Commodity (GB12904), etc. The ANCC shall encode the company prefix in accordance with relevant state standard.

Article 14

The member of the system shall encode the number for commodity in accordance with relevant state standard and report the numbering information to the BANCC at his locality.

Article 15

Where an enterprise designs the barcode for commodity, it shall adopt the barcode marks as provided for in such state standard as the Barcode for Commodity (GB12904), Barcode in Dispatch Unit (GB/T16830), UCC/EAN-128 Bar Code (GB/T15425), etc.

Article 16

The enterprise engaged in the barcode for commodity printing business may submit to working organ of barcode application for printing qualification. The printing enterprise obtaining the printing qualification may obtain the barcode for commodity printing business in priority. The specific administration measures will be promulgated by the AQSIQ separately.

Article 17

The printing enterprise shall print the barcode for commodity in accordance with relevant state standard and assure the printing quality of the barcode for commodity.

Article 18

The working organ of barcode encourages the members of the system and relevant entities to consign the printing enterprise with barcode for commodity printing qualification to print the barcode for commodity.

Chapter IV Application and Administration

Article 19

The member of the system possesses exclusive use rights over its company prefix, number for commodity and corresponding barcode for commodity.

Article 20

The member of system may not transfer its company prefix and corresponding barcode for commodity for the use of others.

Article 21

Any entity or individual that has not been verified and registered may not use the company prefix and corresponding barcode.

Any entity or individual shall not use other barcode on the package of commodity to imitate barcode for commodity and shall not forge the barcode for commodity.

Article 22

Sellers shall actively adopt barcode for commodity. Where the commodity of the seller has not adopted the barcode for commodity, the seller may apply barcode for shop. The use of barcode for shop shall accord with the relevant provisions of the state standard Barcode for Shop (GB/t18283).

The manufacturer shall not apply the barcode for shop to imitate the barcode for commodity.

Article 23

Where a seller stocks commodities, it shall examine the System Membership Certificate corresponding to the barcode for commodity or the certificate with equal effectiveness.

Article 24

A seller shall not sell commodity that violates the provisions of article 21 .

A seller shall not charge the commodity provider with shop-entry fees, shelve fees, information processing fees in the name of barcode for commodity so as to disturb the expansion and application of barcode for commodity.

Article 25

Where the commodity produced domestically adopts the barcode for commodity registered overseas, the manufacturer shall provide such proofs as the registration certificate of the barcode for commodity and the power of attorney and put it on record in BANCC at his locality; the BANCC will submit the archival-filing materials to the ANCC.

Article 26

The AQSIQ and the SAC are in charge of the supervision of the barcode around the country and the local administrative authorities in charge of quality and technology supervision are in charge of the supervision and examination of the barcode for commodity within its own jurisdiction.

Article 27

All local administrative authorities in charge of quality and technology supervision shall cooperate actively with local governments and related authorities to guide the commodity manufacturer, seller and service provider to adopt the number for commodity and barcode mark system, to use barcode for commodity and to ensure the quality of barcode for commodity and enhance the modernized administration level in such stages as manufacturing, storage, distribution and sale of the enterprise.

Chapter V Extension, Change and Deregistration

Article 28

The period of validity of a company prefix is 2 years.

The member of the system shall conduct the extension formality in the BANCC at his locality within 3 months before the expiration of the company prefix. The company prefix and the status of membership of the system will be deregistered where the extension formality is not conducted in due time.

Article 29

Where the information of the member of the system such as the name, address or legal representative is changed, the change formality shall be conducted on the strength of relevant documents and the System Membership Certificate within 30 days after the approval of relevant authorities.

Article 30

Where the member of the system stops using the company prefix, it shall conduct the deregistration formalities in the BANCC at his locality within 3 months as of the stop date.

Article 31

Where the manufacturer, seller or service provider whose company prefix has been deregistered needs to use barcode for commodity, it shall re-apply for the registration of company prefix.

Article 32

Any entity or individual shall not use the deregistered company prefix and corresponding barcode without authorization.

Article 33

The ANCC shall publish periodically the name of the enterprise whose membership status has been cancelled and the company prefix thereof.

Chapter VI Legal Liability

Article 34

The member of the system transferring his company prefix and corresponding barcode for commodity shall be ordered to set it right; and the illegal gains shall be confiscated and a fine of 3,000RMB shall be given.

Article 35

Where a company or individual uses the company prefix and corresponding barcode without verification and registration, or uses other barcode on the package of commodity to imitate the barcode for commodity, or forges barcode for commodity, or uses the company prefix and corresponding barcode for commodity that has been deregistered shall be ordered to set it right and be fined 3,000RMB.

Article 36

Where the distributed commodities are printed with the barcode that hasn't been verified and registered or has not been recorded or that is forged, the seller shall be ordered to set it right and be given a fine less than 10,000RMB.

Article 37

Where the seller charges the commodity provider with such unjustified fees as the shop-entry fee in the name of barcode for commodity, the commodity provider may require for repayment in accordance with law.

Article 38

The administrative punishment prescribed in this chapter shall be implemented by the local authority above county level in charge of quality and technology supervision.

Article 39

Where the party concerned refuses to accept the administrative penalty, he may apply for administrative reconsideration or institute an administrative litigation in accordance with law.

Article 40

The administrative authority in charge of quality and technology supervision shall strengthen the administration and supervision of the working organ of barcode. Where material losses occur due to the lapsus of the working organ of barcode or its staff, a administrative punishment shall be given.

Article 41

Where the state functionary engaging in the administration of barcode for commodity abuse his power or practice favoritisms and engages in malpractice, the authority in charge of him shall give him administrative punishment; where a crime is committed, the criminal liability thereof shall be investigated in accordance with law.

Chapter VII Supplementary Provisions

Article 42

The meanings of following terms as referred to in this Measures are:

Barcode for commodity consists of a group of regularly arranged bar, space and corresponding code thereof, and it is a logo indicating specific information of commodity.

The number and barcode for retail commodity refers to the number and barcode logo that is encoded for commodity unit for the major purpose of satisfying the scanning in the settlement of retail commodity.

The number and barcode for non-retail commodity refers to the number and barcode logo that is encoded for commodity unit for the purpose of satisfying the settlement of non-retail commodity. In the link of circulation, it is applicable to the price-fixing on, placing an order for or invoice issuance of the commodity unit.

Logistic unit number and barcode refers to the number and barcode logo that is encoded for the temporary commodity package unit in logistic.

Location number and barcode refers to the number and barcode logo that is encoded for the geographic location and functioning department of the company.

Company prefix refers to the unique code that stands for the manufacturer in UPC system and is an important part of code for commodity.

Commodity number refers to a group of numbers containing company prefix that carry out the global unique identification for retail commodity, non-retail commodity, logistic unit, location, asset and service.

Barcode for shop refers to the number and barcode logo that is encoded by the shop itself for convenient management of commodity in the shop.

Article 43

The charge for barcode for commodity shall be implemented in accordance with relevant provisions of the state.

Article 44

The power to interpret this Measures shall be vested in the AQSIQ.

Article 45

This Measures shall be implemented as of October 1, 2005. The Measures for the Administration of Barcode for Commodities as promulgated by the former General Administration of Quality and Technology Supervision on July 3, 1998 shall be abolished simultaneously.