ards, safety and sanitary requirements forindustrial products need to be unified within a province, an autonomousregion or a municipality directly under the Central Government, localstandards may be formulated. Local standards shall be formulated bydepartments of standardization administration of provinces, autonomousregions and municipalities directly under the Central Government andreported to the department of standardization administration and thecompetent administrative authorities under the State Council for therecord, and shall be annulled on publication of the national or tradestandards.Where, in the absence of both national and trade standards for productsmanufactured by an enterprise, standards for the enterprise shall beformulated to serve as the criteria for the organization of production. Anenterprise's standards for its products shall be reported to thestandardization administration department and the competent administrativeauthorities under the local government for the record. Where national ortrade standards have been formulated, the State shall encourageenterprises to formulate their enterprise standards, which are morestringent than the national or trade standards, to be used in theseenterprises.Where the formulation of standards is otherwise provided for by law, suchlegal provisions shall be complied with.Article 7National standards and trade standards shall be classified into compulsorystandards and voluntary standards. Those for safeguarding human health andensuring the safety of the person and of property and those for compulsoryexecution as prescribed by the laws and administrative rules andregulations shall be compulsory standards, the others shall be voluntarystandards.The local standards formulated by standardization administrationdepartments of provinces, autonomous regions and municipalities directlyunder the Central Government for the safety and sanitary requirements ofindustrial products shall be compulsory standards within their respectiveadministrative areas.
Article 8The formulation of standards shall be conducive to ensuring safety and thepeople's health, safeguarding consumer interests and protecting theenvironment.Article 9The standards to be formulated shall be conducive to a rational use of thecountry's resources, a wider utilization of scientific and technologicalgains and the enhancement of economic returns, conform to operationinstructions, increase the universality and interchangeability ofproducts, and be technologically advanced and economically rational.Article 10The standards to be formulated shall be coordinated with and supported byrelated standards.Article 11The standards to be formulated shall help promote economic andtechnological cooperation with foreign countries and foreign trade.Article 12The roles of trade associations, scientific research institutions andacademic organizations shall be brought into play in the formulation ofstandards. A department engaged in the formulation of standards shallorganize a committee on standardization technology composed ofspecialists, which shall be responsible for the drafting of the standardsand shall participate in the examination of the draft standards.Article 13After the standards come into force, the department that formulated themshall, in the light of scientific and technological developments and theneeds in economic construction, make timely reviews of the currentstandards to determine if they are to remain effective or are to berevised or annulled.
【章名】Chapter III Implementation of Standards
Article 14Compulsory standards must be complied with. It shall be prohibited toproduce, sell or import products that are not up to the compulsorystandards. With regard to voluntary standards, the State shall encouragetheir adoption by enterprises on an optional basis.Article 15With respect to products for which national or trade standards have beenformulated, enterprises may apply to the standardization administrationdepartment under the State Council or agencies authorized by the samedepartment for product quality authentication. For products which areauthenticated to conform to the standards, certificates shall be issued bythe department that made the authentication and the use of the prescribedauthentication marks shall be permitted on such products and the packingthereof.If products for which authentication certificates have been granted do notconform to national or trade standards, or if products have not undergoneauthentication or found not up to the standards after the authenticationproceedings, no authentication marks shall be permitted for use on suchproducts leaving factories for sale.Article 16Technical requirements for export products shall comply with contractualprovisions.Article 17The development of new products, improvement of products or technicalrenovation by an enterprise shall conform to standardization requirements.Article 18Departments of standardization administration under governments at orabove the county level shall be responsible for supervision over andinspection of the implementation of the standards.Article 19Departments of standardization administration under governments at orabove the county level may, in accordance with needs, establish inspectionorganizations or authorize inspection organizations of other units toexamine whether products conform to the standards. Where the laws andadministrative rules and regulations provide otherwise on inspectionorganizations, such provisions shall apply.Disputes over whether a product conforms to the standards shall be handledin accordance with the inspection data provided by the inspectionorganizations as specified in the preceding paragraph.
【章名】Chapter IV Legal Responsibility
Article 20Whoever produces, sells or imports products that do not conform to thecompulsory standards shall be dealt with according to law by the competentadministrative authorities as prescribed by the laws and administrativerules and regulations. In the absence of such prescriptions, his productsand unlawful proceeds shall be confiscated and he shall be concurrentlyfined by the administrative authorities for industry and commerce; whereserious consequences are caused and crimes are constituted, the persondirectly responsible shall be investigated for criminal responsibility inaccordance with the law.Article 21Where authentication marks are used on products leaving a factory forsale, for which authentication certificates have been issued but which donot conform to national or trade standards, the enterprise concerned shallbe ordered by the department of standardization administration to stop thesale and shall be fined concurrently; where the circumstances are serious,the authentication certificates shall be revoked by the department thatmade the authentication.Article 22Whoever uses authentication marks, without authorization, on productsleaving a factory for sale, which have not undergone authentication orhave been found not up to the standards after the authenticationproceedings, shall be ordered by the department of standardizationadministration to stop the sale and shall concurrently be fined.Article 23A party which refuses to accept the punishment of confiscation of itsproducts and of its unlawful proceeds and a fine may, within 15 days ofreceiving the penalty notice, apply for reconsideration to the officeimmediately above the one that made the punishment decision; a party whichrefuses to obey the reconsideration decision may, within 15 days ofreceiving the reconsideration decision, bring a suit before a people'scourt. The party also may, within 15 days of receiving the penalty notice,directly bring a suit before a people's court. If a party neither appliesfor reconsideration nor brings a suit before a people's court within theprescribed time nor complies with the punishment decision, the office thatmade the punishment decision shall apply to a people'