Laws of the Shanghai Province

(Adopted at the 35th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on December 28, 2001)

Chapter I General Provisions

Article 1

For the purpose of strengthening the work of standardization in this Municipality, promoting the advancement of technology, ensuring the quality of products and service, and raising the social economic efficiency, these Regulations are formulated according to the "Standardization Law of the People's Republic of China" , the "Regulations on the Implementation of the Standardization Law of the People's Republic of China" and other relevant laws, administrative regulations with consideration of the actual circumstances in this Municipality.

Article 2

These Regulations apply to the units or individual persons in the administrative area of this Municipality that adopt international standards and advanced foreign standards, implement national standards, standards of the industry in their activities of production, operation and service, and formulate and implement local standards, enterprise standards and other corresponding supervisions and administrations.

Article 3

The municipal and district/county people's governments shall bring the work of standardization into the national economy and social development plan, and ensure the necessary input of funds.

The people's governments at all levels shall encourage and support the enterprises and institutions to take the work of standardization seriously, strengthen the education and training of the professional and technical personnel, and establish a healthy working system of the standardization.

Article 4

The Municipal Quality and Technology Supervision Department (hereinafter referred to as the MQTSD), is the competent administrative department in charge of the standardization in this Municipality, and exercises the unified administration of the work of standardization in this Municipality. The District/County Quality and Technology Supervision Department (hereinafter referred to as the D/CQTSD) shall be responsible for the administration of the work of standardization in its administrative area according to its duty.

The Municipal Quality and Technology Supervision and Inspection Brigade under the MQTSD shall exercise the administrative punishment according to the authorization of these Regulations.

Other relevant administrative departments shall do a good job of the administration of the work of standardization within their own respective duties, and arrange a certain portion of the science and technology investment fund to support the work of standardization.

Article 5

Trade associations, professional academic organizations of standardization and other mass organizations may participate in the promotion of international standards, advanced foreign standards, national standards and standards of trade associations, promotion and drafting of local standards, and conduct the activities of consultation, training and business exchange concerning the standardization.

Article 6

The intermediary organizations that provide the society with service concerning standardization shall have necessary professional technical personnel.

The quality and technology supervision departments at all levels shall guide and supervise the intermediary organizations that conduct service business of standardization jointly with other relevant administrative departments.

Article 7

The quality and technology supervision departments at all levels, relevant administrative departments, news media and relevant mass organizations, enterprises and institutions shall strengthen the propaganda and education of standardization to raise the consciousness of standardization in the society.

The MQTSD shall establish the information inquiry system of standardization, and provide the society with the professional information of standardization and the inquiry service of laws and regulation on standardization.

Chapter II The Adoption of International Standards and Advanced Foreign Standards and The Implementation of National Standards and Standards of Trade Association

Article 8

In the formulation of local standards, if there is an international standard, the local standard shall be formulated on the basis of the international standard.

Enterprises shall be encouraged to adopt international standards or advanced foreign standards in their formulation of the enterprise standard, development of new products and conduct of technical renovation.

The adoption of international standards and advanced foreign standards shall satisfy the provisions of laws, regulations and compulsory standards, adapt to the conditions of the local climate, geography, use of resources, basic technology and infrastructure, and reach the target of advancement in technology, economically reasonable and practical in safety.

Article 9

If the development projects that apply for the governmental finance or the projects of affirmed high and new technology have an international standard or advanced foreign standard that is stricter than the national standard or the standard of the trade association, they shall adopt the international standard or the advanced foreign standard, and shall satisfy the provisions of Clause 3 of Article 8.

In case that any of the projects mentioned in the preceding clause does not adopt the international standard or the advanced foreign standard though it has the possibility to do, the relevant administrative department shall not permit the project to be put under authorized plan.

Article 10

The enterprise may, according to relevant state provisions, use the marks that show that the product is made by adopting international standard on the product produced with international standard.

Article 11

Where there is a compulsory standard or a standard of the trade association, the unit or the individual person who conduct the activities of production, operation and service shall adopt the standard accordingly. The production, selling and importation of products that do not satisfy the compulsory national standard or the standard of the trade association shall be forbidden.

The adoption of the recommended national standard and the standard of the trade association shall be encouraged.

Article 12

In case of a product over which the state enforces a compulsory authentication, the enterprise shall apply for an authentication according to the relevant state provisions, and can sell the product only after it has met the requirements of the corresponding standard and received the authentication certificate.

In case of a product or a quality system that the state promotes a voluntary authentication, the enterprise is encouraged to actively apply for the authentication. If the product or the quality system meets the requirements of the appropriate standard and passes the authentication, the enterprise may print the authentication sign on the product, the package materials, or other advertising materials, or publish relevant statement.

It is forbidden to use the authentication sign without an authentication or the authentication is not passed.

The quality and technology supervision departments at all levels shall give enterprises guidance and assistance in their activities of applying for the authentication.

Article 13

The public places and facilities shall display necessary public information signs according to the standard regulated by the state and this Municipality.

Chapter III The Formulation and Implementation of Local Standards

Article 14

In case in the production, operation and service-providing activities there is no national standard or standard of the trade association, and there is need of a unified norm of technical requirement in this Municipality, a local standard containing the making of a standard sample may be formulated. The formulation of the compulsory local standard shall be restricted to area of the protection of human health and personal and property safety, the protection of ecology and environment, and prevention of fraud, etc.

The local standard shall be reported to the relevant competent administrative department of the state for the record, and with the implementation of the corresponding national standard or the standard of the trade association, the local standard shall be abolished with the exception that laws have provided otherwise.

Article 15

In case of a compulsory standard, the unit or the individual person who conducts the activities of production, operation and service shall follow it. It is forbidden to produce, sell and import products that do not satisfy the compulsory local standard.

The adoption of the recommended local standard shall be encouraged.

Article 16

The Municipality shall give priority to formulating local standards in the fields concerning the safety and hygiene of industrial products, product marks, safety and hygiene of production, use of energy and resource and environmental protection, etc., and organize their implementation.

Article 17

The Municipality shall give priority to formulating local standards in the fields like the environment of planting or cultivating, the quality of seeds, seedlings, breeding stocks and poultry, the agricultural operative norms, the use of farming chemicals, animal medicines, fertilizers, forages and forage additives, the testing of harmful elements like heavy metal and medicine remaining, and distinctive farm produce, etc., and organize their implementation.

Article 18

The Municipality shall give priority to formulating local standards in the field of service industry like the protection of human health and personal and property safety, norms of service operation, the check and acceptance and evaluation of the service quality, etc., and organize their implementation.

The service, products and facilities provided by the operators in the service industry shall meet the requirements of the compulsory standard. The use of products and facilities that do not meet the requirements of the compulsory standard in the service industry shall be forbidden.

Article 19

The Municipality shall give priority to formulating local standards in the fields of the designing and application of new technique, new technology and new materials in the construction projects; or formulate the operative local standard according to the national standard or the standard of the trade association guiding the construction industry, and organize their implementation.

The survey, designing, operation and the check and acceptance of the construction project shall meet the requirements of the compulsory standard.

Article 20

The Municipality shall give priority to formulating local standards in the fields like the information system of the urban public service, the information coding system of urban basic geography, the establishment of the intelligence system in communities and buildings, the acceptance upon examination and evaluation of the safety of the information application system, and the application of electronic commerce, etc., and organize their implementation.

The designing and project operation of the information application system shall meet the comprehensive requirements of the standardization. Any information application system that does not meet the comprehensive requirements of the standardization shall be forbidden to be connected into the public information network.

Article 21

The proposal of the formulation of a local standard may be proposed by the relevant administrative department to the MQTSD, or may be proposed by the enterprises, trade associations, science and technology research institutions, professional academic organizations of standardization or individual persons.

The MQTSD shall be responsible for the making of the plan of the formulation of local standards, and for the solicitation of opinions from the society. Once the plan of the formulation of local standards is settled, it shall be published in the designated media.

Article 22

The drafting of the local standard may be organized by the relevant administrative department, or may be entrusted by the MQTSD to the organizations like enterprises, trade associations, science and technology research institutions, and professional academic organizations of the standardization, or be entrusted to the experts.

The drafting of the local standard shall solicit opinions from relevant enterprises, trade associations, science and technology institutions, professional academic organizations and experts.

Article 23

The MQTSD shall organize experts to examine the local standards among which, the examination of the compulsory standard shall listen to the opinions from the relevant enterprises and institutions in the form of hearings; in case of necessity, the MQTSD may solicit opinions from the society through media.

Article 24

The local standard shall be approved and published by the MQTSD with the exception that laws and regulations have provided otherwise.

The catalogue and the main contents of the compulsory standards shall be published in the websites of the government departments, and the MQTSD shall timely publish the catalogue of the local standards in the media.

Article 25

The MQTSD shall, in the right time, organize the re-examination of the local standard according to the development of science and technology and the need of economic construction, and decide its continuation, modification or abolishment. The longest re-examination cycle shall be not more than 5 years.

The re-examination of the local standard shall listen to the opinions from relevant enterprises, trade associations, science and technology institutions, professional academic organizations, and experts.

Article 26

The local standard and the regulations related to the technology that should be informed to the international organizations according to the stipulations of the international conventions to which our country is an acceding state shall be reported unifiedly by the MQTSD to the relevant competent administrative department of the state.

Chapter IV The Standardized Management of Enterprises

Article 27

Enterprises shall be encouraged to establish and implement the enterprise standard system that takes the technical standard as the main body, and includes the management standard and the working standard. The quality and technology supervision departments at all levels shall promote the establishment and implementation of the enterprise standard system.

Article 28

In the activities of production, operation and service, if there is no national standard, standard of the trade association or local standard, the enterprise shall formulate an enterprise standard.

In case there is a national standard, a standard of the trade association or a local standard, the enterprise is encouraged to formulate an enterprise standard stricter than the national standard, the standard of the trade association or the local standard.

Article 29

Any enterprise standard may be formulated by the enterprise independently, or be jointly formulated by the relevant enterprises according to the principle of voluntary participation, or be unifiedly formulated by the member enterprises organized by the trade association.

Article 30

The enterprise standard shall not be inconsistent with the compulsory standard. In case of inconsistency, the quality and technology supervision department shall order a rectification.

Article 31

The enterprise shall timely re-examine its own enterprise standard according to the publication, modification and abolishing of the national standard, the standard of the trade association or the local standard.

Article 32

The enterprise shall check the quality of its products according to the standard that the enterprise has implemented.

In case that the enterprise has warranted that its product has reached the international standard and the advanced foreign standard, the recommended national standard, the standard of the trade association, or the local standard, the enterprise may publish a self-qualified statement. And its product shall satisfy the standard warranted in the self-qualified statement.

Article 33

An enterprise shall mark the code, number and name of the implemented standard on its products or the package or guidebook.

The marking of the product marks shall satisfy the relevant provisions of the state. The sale of the product without a product mark is forbidden with the exception of the product that is difficult to mark.

Chapter V Legal Liability

Article 34

The unit or the individual person who violates the "Standardization Law of the People's Republic of China" , the "Regulations on the Implementation of the Standardization Law of the People's Republic of China" , the "Law of the People's Republic of China on the Product Quality" , and other laws and administrative regulations in their activities of production, operation and service shall be handled according to law by the administrative departments provided by laws and administrative regulations.

Article 35

Any act done in violation of these Regulations shall be handled by the Municipal Quality and Technology Supervision and Inspection Brigade according to the following provisions:

1. The violator who produces and sells the product that does not satisfy the compulsory standard shall be ordered to rectify, his illegally produced or sold products shall be confiscated, and he shall be cumulatively penalized with a fine of between the equivalent value of the price value of the illegally produced or sold products and three times of that value. In case there are illegal gains, the illegal gains shall be cumulatively confiscated and a fine of between not less than 500 yuan and not more than 5,000 yuan shall be imposed on relevant liable person;

2. The violator who uses the product or facility that does not satisfy the compulsory standard in the operational service shall be ordered to stop. The person who knows or should know that the product or the facility used does not satisfy the compulsory standard shall be given a fine of an amount below the equivalent value of the price value of the product or the facility used;

3. In case of an infringement of the authentication sign, the violator shall be ordered a rectification, the illegally produced or sold products shall be confiscated, and he shall cumulatively be penalized with a fine of an amount below the equivalent value of the price value of the illegally produced or sold products. In case there are illegal gains, the illegal gains shall be cumulatively confiscated; and

4. In case that a product has an authentication certificate but has failed to satisfy the authentication standard is being sold by using the authentication sign, the violator shall be ordered a rectification, and shall be cumulatively penalized with a fine of an amount below twice the illegal gains.

Article 36

The personnel in the quality and technology supervision departments at all levels, the Municipal Quality and Technology Supervision and Inspection Brigade and other relevant administrative departments who does any one of the following acts shall be given an administrative punishment according to law and if he has any illegal income, the illegal income shall be confiscated:

1. To shield or indulge the action that violates the provisions of these Regulations in the activities of production, operation and service;

2. To tip off the unit or the individual person who violates the provisions of these Regulations in the activities of production, sale and service, and assists him to escape the investigation and handling;

3. To participate in the activities of production, sale and service through the form of supervising the production and sale of the product; and

4. Other acts like abusing power, neglecting duty and malpractice for personal gains, etc..

Article 37

Any unit or individual person who violates the provisions of these Regulations in the activities of production, operation and service, and thus causes personal or property losses to other unit or individual person shall bear corresponding civil liabilities.

Article 38

In case that the violation of the provisions of these Regulations constitutes a crime, the violator shall be prosecuted for the criminal liability.

Article 39

In case that the party concerned does not accept the specific administrative act done by the administrative department, or the Municipal Quality and Technology Supervision and Inspection Brigade, it may apply for an administrative reconsideration or bring an administrative lawsuit according to the "Administrative Reconsideration Law of the People's Republic of China" or the "Administrative Litigation Law of the People's Republic of China" .

Chapter 6 Supplementary Provisions

Article 40

The technical requirements of the exported products shall be carried out according to the terms stipulated in the contract.

Article 41

These Regulations shall become effective on March 15, 2002.