Daniel
Arthur Laprès
Avocat au Barreau de Paris
Barrister & Solicitor (Nova Scotia Canada)
Of counsel to Kunlun
Law Firm, Beijing, China
Product Quality Law of the People's Republic of China
Adopted at the 30th Meeting of the Standing Committee of
the Seventh National People's
Congress on February 22, 1993
Amended in accordance with the Decisions on Amending the
Product Quality Law of the People's
Republic of China which was adopted at the 24th Session
of the Standing Committee of the Ninth
National People's Congress on October 27, 2001
Chapter I General Principles
Chapter II Supervision and Control of Product Quality
Chapter III Responsibilities and Obligations of Producers
and Sellers
Chapter IV Compensation for Damage
Chapter V Penalty Provisions
Chapter VI Supplementary Provisions
Article 1
The law has been formulated with a view to reinforcing
the supervision and regulation of product quality, improving the quality of
products, clarifying the liabilities for product quality, protecting the
legitimate rights and interests of consumers and safeguarding the social
and economic order.
Article 2
The law applies to all production and marketing
activities within the territory of the People's Republic of China.
Products mentioned in the law are referred to products
processed and manufactured for the
purpose of marketing.
This law is not applicable to construction projects.
However, the construction materials,
structural components and fittings and equipment that
fall within the category as provided in the
previous paragraph shall be governed by this law.
Article 3
Producers and sellers shall have their own proper
regulations for the management of product
quality, rigorously implementing post-oriented quality
regulations, quality liabilities and
relevant measures for their assessment.
Article 4
Producers and sellers are responsible for the product
quality according to the provisions of
the law.
Article 5
It is forbidden to forge or infringe upon quality marks
such as certification marks and marks for fine quality products; it is
forbidden to forge the place of origin, forge or infringe upon the factory
names, factory addresses; it is forbidden to produce or market adulterated
products or to use fake goods as genuine or sub-standard products as standard.
Article 6
The State encourages the use of scientific quality
control methods and adoption of advanced science and technology by enterprises
to make their products surpass the standards set by the various trades, the
State standards and even international standards in their product quality and
awards units and individuals who have made outstanding
achievements in quality control and in bringing the product quality up to the
advanced international levels.
Article 7
The people's government at all levels shall ensure the
implementation of this law by incorporating the improvement of product quality
into their plans for national economy and social development, reinforcing the
integrated planning and organization regarding product quality, guiding,
supervising and urging the producers and sellers to reinforce the management of
product quality and improve the quality of products, organizing relevant
departments to lawfully taking measures for stopping those acts that violate
this law in the process of product production and product selling.
Article 8
The product quality supervision and administration
departments of the State Council are responsible for the supervision and
administration of the quality of products of the whole country. All relevant
departments of the State Council shall be responsible for the supervision
of product quality within their own functions and duties.
Local administrations for the supervision of product
quality at and above the county level are responsible for the supervision of
product quality within their own administrative jurisdictions. The relevant
departments of the local people's governments at and above the county
level are responsible for the product quality within
their respective functions and duties.
If there are different provisions concerning the
supervision departments of product quality,
such provisions shall be applied.
Article 9
The staff members of the people's governments at all
levels and other state organs may not abuse their power, neglect their duties
or misconduct to seek private interests, cover up or giveloose to the acts
violating this law that occurs within the locality or within the industry,
hinder or meddle with the investigation of acts violating this law that
occurred in the process of the producing or selling products.
Where any of the local people's governments or other
state organs covers up or give loose to the violations of this law that
occurred in the production or selling of products, the person who is held to be
mainly responsible shall take legal liabilities.
Article 10
Any entity or individual is entitled to report to the
product quality supervision administrations or other relevant departments about
any of the acts violating this law.
The product quality supervision department and relevant
departments shall hold all information about the reporter as confidential and
give awards to the reporter in accordance with the provisions of the province,
autonomous region or municipality directly under the Central
Government.
Article 11
No entity or individual may prevent any of the qualified
products produced outside of the region or trade from entering the region or
trade.
Chapter II Supervision and Control of Product Quality
Article 12
Quality of products shall pass standard examinations and
no sub-standard products shall be
used as standard ones.
Article 13
Industrial products which may be hazardous to the health
of the people and the safety of lives and property shall conform to the State
and trade standards for ensuring the health of the human body and safety of
lives and property. In absence of such State or trade standards, the
products shall conform to the minimum requirements for
ensuring the health of the human body and the safety of lives and property.
It shall be prohibited to produce or sell industrial
products that do not come to the requirements and demands for physical health
and safety of body and property. The specific measures for management will be
enacted by the State Council.
Article 14
The State shall institute the system for certifying
quality control system of enterprises according to the quality control
standards commonly accepted internationally. Enterprises may apply voluntarily
for certification of their quality control systems with the product quality
supervision and control departments under the State Council or quality
certification
organizations recognized by the departments authorized by
the quality supervision and control departments under the State Council. The
qualified enterprises shall be issued with the certificates for the quality
control systems.
The State shall institute the system for certifying the
product quality in reference to the internationally advanced product quality
standards and technical requirements. Enterprises may apply voluntarily for
certification of the quality of their products with the product quality
supervision and control departments under the State Council or quality
certification organizations recognized by the departments authorized by the
quality supervision and control departments under the State Council. The
qualified enterprises shall be issued with the certificates for product quality
and are allowed to use quality certification marks on the products or on the
packages of their products.
Article 15
An supervision and inspection system based on random
inspection is implemented by the state to test those products that may injure
physical health or the safety of body or property, those important industrial
products that have a great bearing on the national economy and those products that
have been reported by consumers or relevant organizations as to be defective in
quality. The samples shall be randomly taken from the market or the products
stored in the warehouse of the enterprise for sale. The supervision and
inspection shall be planned and organized by the product quality supervision
administrations of the State Council. The local administrations for product
quality supervision on and above the county level may organize and supervise
sample tests. Where there are different provisions concerning the supervision
and inspection, such provisions shall be applied.
The products supervised and inspected by the state
administrations shall be not resupervised and reinspected by the local
administrations; the products supervised and inspected by the administration on
a higher level shall be not reinspected by that on a lower level.
Products may be tested according to the demand of
supervision and random inspection. The quantity of samples for random sample
test shall not be bigger than that is reasonably needed, and no fees may be
collected from the person under supervision and inspection. The expenses for
supervision and random inspection shall be covered in
according to the provisions of the State Council.
Where the producer or seller refuses to accept the
results of sample test, he may apply to the product quality supervision
departments on the higher level within 15 days from the day he receives the
results for reexamination. The reexamination conclusion shall be made by the
product
quality department that does the reexamination.
Article 16
No producer or seller may reject any supervision or
inspection of product quality that is lawfully carried out.
Article 17
Where any product is found to be unqualified by any
supervision and inspection that is carried out according to this law, the
producer or seller shall be ordered to make corrections within the time limit
by the product quality supervision administration that carries out the
supervision and inspection. Where the producer or seller fails to make
corrections within the time limit, he shall be publicized by the product
quality supervision administration of the people's government on or above the
provincial level; if the product quality is still not
qualified after reexamination, the producer or seller
shall be ordered to suspend business for rectifications within the time limit;
if the product quality is still proved unqualified by reexamination after the
period for rectifications, the business license of the producer or seller shall
be canceled.
If the products are proved to be seriously unqualified by
sample test, penalty be given according to the provisions of Chapter Five of
this law.
Article 18
Product quality supervision administrations at and above
the county level may exercise, when investigating acts violating this law
according to the evidence acquired concerning the act suspected of violating
the law or according to reports, the following powers:
(1) conduct on-spot inspection over the site where the
parties concerned are suspected of committing production or sale activities as
against the provisions of this law;
(2) inquire the legal representative, main leaders and
other relevant personnel about information relevant to the suspected activities
of production and sale violating this law;
(3) read and copy contracts, invoices, account books and
other materials connected with the parties concerned;
(4) close down or detain any product that they have good
reason to deem as not meeting the national standards or trade standards for
ensuring physical health and the safety of body and property, any products that
have other serious defects and raw subsidiary materials, wrappings, tools
directly used for production or sale of products.
The administrations at and above the county level may,
when investigating activities suspected of violating this law within the
functions as stipulated by the State Council, exercise the powers as mentioned
in the previous paragraph.
Article 19
Product quality testing organizations shall have the
corresponding testing facilities and capabilities and shall conduct product
quality testing only after the examination and approval of the quality
supervision and control departments under the people's governments at and above
the provincial level or of the organizations they have authorized. If there are
separate provisions
by other laws or administrative decrees, the relevant
laws or administrative decrees shall apply.
Article 20
Social intermediary institutions engaging in the test and
certification of product quality shall be established in conformity with the
law and shall not be subordinate to or have any other interest with any
administrative organs or state organs.
Article 21
Product quality testing and certification institutions
shall make objective and fair conclusions or certifications in accordance with
the law and relevant criteria.
Product quality certification institutions shall, in
accordance with the provisions of the state, make track-up tests about the
products that have been allowed to use certification marks.
If any product fails to meet the certification
requirements, the institutions shall order the producers or sellers to make
mend up; if the circumstances are serious, the institutions shall repeal the
qualifications for using certification marks
Article 22
Consumers have the right to inquire about the quality
problems of products with producers or sellers of the products, to complain
about product quality to the product quality supervision administrations or the
administrations for industry and commerce or other relevant departments.
The relevant departments accepting complaints shall be
responsible for handling the matters.
Article 23
Social organizations for protecting the rights and
interests of consumers may propose to relevant departments to handle matters
concerning the complaints by consumers about product quality and give aid to
consumers to sue producers whose products have caused damages.
Article 24
The product quality supervision administrations under the
State Council and the people's governments of the provinces, autonomous regions
and municipalities directly under the Central Government shall publicize
regularly the quality situation of the products that they have tested
on the random basis.
Article 25
Product quality supervision administrations and other
state organs as well as product quality testing institutions may not make
recommendations of the producers' products, nor may they engage in the product
management by means of supervising the production or sale of products.
Chapter III Responsibilities and
Obligations of Producers and Sellers
Section 1 Responsibilities and Obligations of Producers
for the Quality of Products
Article 26
Producers shall be responsible for the quality of
products they produce.
Quality of products shall meet the following
requirements:
(1) Products shall be free from any irrational dangers
threatening the safety of people and property. If there are State standards or
trade standards for ensuring the health of the human body and safety of lives
and property, the products shall conform to such standards.
(2) Products shall have the property they are due to
have, except cases in which there are explanations about the defects of the
property of the products.
(3) Products shall tally with the standards prescribed or
specified on the packages and with the quality specified in the instructions
for use or shown in the providing samples.
Article 27
The marks on the products or the package of products
shall be true to the fact and satisfy
the following requirements:
(1) including a certificate of quality inspection;
(2) including the name of product and the name and
addresses of producer in the Chinese language;
(3) If, according to the characteristics and requirements
for use, the specification, grades or the names and contents of the major
ingredients are required to be specified, they shall be specified clearly in
Chinese; if it is required to inform consumers in advance, it shall be marked
on the outer package or relevant materials shall be provided to consumers in
advance;
(4) Products which have a time limit for use, the date of
production or the period for safe use or the date of losing effect shall be specified
clearly in a conspicuous position of the product;
(5) Products which may cause harm to the human body or
injure the safety of body and property due to improper use shall carry warning
marks or warnings written in Chinese.
Unpacked food or other products which are hard to be
packed according to the characteristics of products may not have marks
attached.
Article 28
For products which are easily broken, inflammable,
explosive, toxic, erosive or radioactive and products that cannot be handled
upside down in the process of storage or transportation or for which there are
other special requirements, the package thereof shall meet the corresponding
requirements, carry warning marks or warnings written in Chinese or points of
attention in handling in accordance with the relevant provisions of the state.
Article 29
Producers are forbidden to produce products eliminated
according to State laws or decrees.
Article 30
Producers are not allowed to fake the place of origin or
fake or use the names and addresses of other producers.
Article 31
Producers are not allowed to fake or use the quality
marks such as certification marks and fine quality product marks.
Article 32
Producers shall not adulterate their products or pose fake
products as genuine or shoddy products as good or non-standard products as
standard. Responsibilities and obligations of sellers with regard to product
quality.
Section 2 Responsibilities and Obligations of Sellers for
the Quality of Products
Article 33
Sellers shall implement the system of examination and
acceptance of goods procured, verifying the product quality certificates and
other marks.
Article 34
Sellers shall adopt measures to maintain the quality of
products for sale.
Article 35
Sellers may not sell any product that has been put into
disuse by order of the state and therefore the sale of which has been
prohibited or those that have lost effect or have deteriorated.
Article 36
The marks of products for sale by sellers shall conform
to the provisions of Article 15 of this law.
Article 37
Sellers are not allowed to fake the place of origin or
fake or use the names and addresses of other producers.
Article 38
Sellers are not allowed to fake or use quality marks such
as certification marks and fine quality marks.
Article 39
Sellers are not allowed to adulterate the products for
sale or pose fake ones as genuine or shoddy ones as good or sub-standard ones
as standard.
Chapter IV Compensation for Damage
Article 40
Sellers shall be responsible for repair, replacement or
return and compensate for the damages done to endusers or consumers if one of
the following cases occurs:
(1) Products do not have the property for use it should
have and there is no advance explanations;
(2) The quality of products does not conform to the
standards or to the standards specified in the packages;
(3) The quality of products does not tally with the
quality specified in the instruction for use or with the quality of samples
provided.
After the sellers undertake the repairs, replacement,
return or compensation for damages according to the provisions of the preceding
paragraph, the sellers have the right to recover the losses from producers or
suppliers if the responsibility rests with the producers or other marketers
that provide the products.
If the sellers fail to perform the duty of repairing,
replacing, returning or compensating for damages as provided in the first
paragraph of this articles, the quality supervision and control departments or
administrations for industry and commerce shall order them to correct.
If there are relevant provisions in the contracts for
marketing or processing between producers, marketers or between producers and
marketers, the parties to the contracts shall implement the provisions of the
contracts.
Article 41
Producers shall be responsible for compensating for
damages done to the person or property except the defective products themselves
(hereinafter referred to as "property of others") due to the defects
of products.
Producers shall not be held responsible if they can prove
one of the following cases:
(1) The products have not been put into circulation;
(2) The defects are non-existent when the products are
put into circulation;
(3) The defects cannot be found at the time of
circulation due to scientific and technological reasons.
Article 42
Sellers shall be responsible for compensation if the
damages caused to the property of others are caused by defects resulting from
the fault on the part of sellers.
Sellers shall be responsible if they cannot identify the
producers or suppliers of the defective products.
Article 43
If damages are done to the person or properties of others
due to the defects of products, the victims may claim for compensation either
from the producers or sellers. If the responsibility rests with the producers
and the compensation is paid by the sellers, the sellers have the right to
recover their losses from the producers. If the responsibility rests with the
sellers and the compensation is paid by the producers, the producers have the
right to recover their losses.
Article 44
If bodily injury is caused by the defect of products, the
party responsible shall pay for medical expenses and nursing expenses during
medical treatment, the lost income due to absence from work; if the bodily
injury has resulted in disability, the party responsible shall also be
responsible for the expenses for self-supporting equipment, living allowances,
compensation of the disabled person and the living expenses necessary for those
under the support of the disabled person; if death has resulted, the party
responsible shall pay for the funeral expenses,
compensation and the living expenses necessary for those
supported by the dead.
If the defect of product causes losses in property of the
victims, the party shall be responsible for restoring or compensating for it.
If the victims sustain other major losses, the party responsible shall
compensate for the losses.
Article 45
The validity period for claiming for compensation for
damages due to defects of products is two years, starting from the date when
the parties concerned is notified or should have known the matter.
The right of request for compensation claim for damages
done due to defects of products shall lose effect after the tenth year after
the products shall lose effect after the tenth year after the products with
defects that cause damages was first delivered to the users or consumers.
However, cases in which the specified safe use period has not been exceeded are
exceptions.
Article 46
Defects mentioned in the law are referred to the
irrational dangers existing in the products
that threaten the safety of person or properties or
products that do not conform to the standards set by the State or the specific
trade if there is any.
Article 47
If civil disputes occur from product
quality, the parties concerned may settle their disputes
through consultation or mediation. If any party concerned
refuses to settle the disputes through
consultation or mediation or consultation and mediation
fail to settle the disputes, parties
concerned may, according to their agreement, apply for
arbitration with arbitration
organizations. If the parties concerned fail to reach
agreement on arbitration or if the
arbitration becomes void, the cases may be brought before
the people's courts.
Article 48
Arbitration organizations or the people's courts may
entrust the product quality supervision and control organizations provided for
in Article 11 of this law to test the quality of products
concerned.
Article 49
An enterprise producing products that do not conform to
the state standard or the specific trade standard for ensuring physical health
and the safety of human body and property shall be ordered to stop production
and sale; the products illegally produced and sold shall be confiscated; a fine
less than three times the value of the products illegally produced or sold
shall be imposed upon the producer or seller; where there are illegal proceeds,
such proceeds shall be confiscated; if the circumstances are serious, the
business license shall be revoked. If the case is serious enough to constitute
a crime, criminal responsibility shall be investigated.
Article 50
If a producer or a seller is found adulterating their
products or posing fake ones as genuine, inferior ones as superior or
sub-standard ones as standard, it shall be ordered to stop production or
selling; the products illegally produced or sold shall be confiscated and a
fine of more than 50% but less than three times the value of the products
illegally produced or sold shall be imposed; where there are illegal proceeds,
such proceeds shall be confiscated; if the circumstances are serious, the
business license shall be revoked; if the case is serious enough to constitute
a crime, criminal responsibilities shall be investigated.
Article 51
If an enterprise produces products clearly provided as
being eliminated by the State, it shall be ordered to stop production and its
products and illegal proceeds shall be confiscated and a fine amounting to over
one time and less than five times the total amount of proceeds shall be imposed
and, if necessary, the production license may be revoked.
Article 52
Any person selling products that have lost effect or
deteriorated shall be ordered to stop the selling and the products for sale
shall be confiscated and be fined an amount of less than two times the value of
the products for illegal sale; where any illegal proceeds have occurred, such
proceeds shall be confiscated; if the circumstances are serious, the business
license shall
be revoked. if the case is serious enough to constitute a
crime, criminal responsibility shall be investigated.
Article 53
If a producer or a seller is found to have fabricated the
place of origin, fabricated or used without authorization the names and
addresses of other producers, fabricated or used without authorization quality
marks such as certification marks, it shall be ordered to make corrections and
be fined an amount of not more than the total value of the products illegal
produced or sold with the products illegally produced or sold being
confiscated; if any illegal proceeds have occurred, such proceeds shall be
confiscated; if the circumstances are serious, the business license shall be
revoked.
Article 54
If the product marks of a producer do not conform to the
provisions of Article 27 of this law, the producer shall be ordered to make
corrections; If the product marks on the packages of products do not conform to
the provisions of Article 27 (4) (5) and the case is serious enough, the
producer or seller shall be ordered to stop the production or selling and be
fined an amount of not more than 30% of the value of the products illegally
produced or sold; if any illegal proceeds have occurred, such shall be
confiscated.
Article 55
If the seller that sells the products which are
prohibited from selling as provided in articles 49 to 53 of this law have
sufficient evidence to prove that he does not know that the products had been
prohibited from selling and truthfully reveals the source of products, he may
be punished in a lenient way or be given a lesser punishment.
Article 56
Any person who rejects lawful product quality supervision
and inspection shall be given a warning and be ordered to make corrections; if
he refuses to make corrections, he shall be ordered to suspend business for
rectifications; if the circumstances are extremely serious, the business
license shall be revoked.
Article 57
Any product quality test institution or certification
institution fabricates inspection results or issues false certificates shall be
ordered to make corrections, and a fine of not less than 50,000 yuan but not
more than 100,000 yuan shall be imposed upon the institution while a
fine of not less than 10,000 yuan but not more than
50,000 yuan be imposed upon the person-in-charge who is held to be directly
responsible and other personnel who are held to be directly responsible; if any
illegal proceeds have occurred, such proceeds shall be confiscated; if the
circumstances are serious, the institution shall be disqualified for inspection
and certification; if the case is so serious as to have constituted a crime,
criminal liability shall be investigated.
Any product quality test institution or product quality
certification institution that produces unreal results that has led to losses
shall be held responsible for making compensations; if the losses are great,
they may be disqualified for testing and certification.
Where any product quality certification institution
violates the provisions of article 21 (2) of this law by failing to demanding
those producers or sellers whose product does not come up to the requirements
of certifications yet use certification marks on their products to make
corrections or failing to revoke their qualifications for using certification
marks shall
undertake joint and several liabilities with the
producers or sellers of the products; if the circumstances are serious, they
shall be disqualified for certification.
Article 58
Where public organizations or public intermediary
organizations makes promises or warranties concerning the quality of a product
which, however, does not meet the requirements for such promises or warranties
and which causes losses to consumers, they shall take several and joi
liabilities with the producers and sellers.
Article 59
If the producer or seller falsely publicizes the quality
of a product in advertisements so that consumers are cheated or mislead, he
shall take legal liabilities according to the Advertising Law of the People's
Republic of China.
Article 60
The subsidiary materials, packages, tools used by
produced for producing those products as mentioned in articles 49 and 51 of
this law or for producing inferior products in the name of superior products
shall be confiscated.
Article 61
If any one clearly knows or should have known that a
product is prohibited from production and selling by this law but still
facilitates the transportation, safekeeping, storage, etc. or supplies the
production technique for producing inferior products in the name of superior
ones,
all the proceeds incurred from the transportation,
safekeeping, storage or supply of production techniques for producing inferior
products in the name of superior ones shall be confiscated and be fined an
amount of not less than 50% but not more than 3 times of the illegal proceeds;
if the case is so serious as to have constituted a crime, criminal liabilities
shall be investigated.
Article 62
Where any business operator of the services industry uses
any of the products which are prohibited by articles 49 to 52 of this law from
selling into management services shall be ordered to stop using; if he clearly
knows or should have known that the products he is using is prohibited from
using by this law, he shall be punished in the same way as a seller considering
the amount of the total value of the products used (including those already
used and those not yet used).
Article 63
Any one who conceals, transfers, sells out or damages any
of the things sealed up or detained by product quality supervision administrations
or administrations for industry and commerce shall be fined an amount of not
more than three time the value of the things concealed, transferred, sold out
or damaged; if any illegal proceeds have occurred, such proceeds shall be
confiscated.
Article 64
Any one who is held to make compensations and to pay a
fine or forfeiture due to violation of this law but cannot afford to pay at the
same time shall make compensations first.
Article 65
Where any of the staff member of the people's government
at various levels or other state organs commits any of the acts as mentioned
below shall be given an administrative punishment; if he has committed a crime,
criminal liability shall be investigated:
(1) covers up or gives loose to any of the acts violating
this law in the process of production or selling;
(2) divulges secret information to any of the parties
involved in the production or selling activities as against this law so as to
help him escape from investigation;
(3) disturbs or interferes with the investigation
conducted by product quality supervision administrations or administrations for
industry and commerce about the acts violating this law in the process of
production or selling and thus causing serious consequences.
Article 66
If, in the process of product quality supervision by
random tests, any product quality supervision administration demands more
samples than lawfully stipulated or collects test fees from the parties
concerned shall be ordered by the product quality supervision administration or
supervision departments on a higher level to return them; if the circumstances
are serious, the person-in-charge who is directly responsible and other
personnel who are held to be directly
responsible shall be given administrative punishments.
Article 67
Where any product supervision administration or other
state organ violates the provisions of article 25 of this law by recommending
to the public any of the producer's products or is engaged in the product
management by way of supervising the production or selling, it shall be ordered
by the administration or supervision department on a higher level to make
corrections and clears up ill effects; if any illegal proceeds have occurred,
such proceeds shall be confiscated; if the circumstances are serious, the
person-in-charge who is directly responsible and other personnel who are held
to be directly responsible shall be given an administrative punishment.
Any product quality test institution that has committed
any of the illegal acts as mentioned in the previous paragraph shall be ordered
by the product quality supervision administration to make corrections and clear
up ill effects; if any illegal proceeds have occurred, such proceeds shall be
confiscated together with a fine of not more than double the illegal proceeds;
if the circumstances are serious, it shall be disqualified for quality
inspection.
Article 68
If a government official engaging in product quality
supervision and control is found to have abused his/her power or neglected
his/her duties or sought personal gains and the case is serious enough to
constitute a crime, criminal responsibility shall be affixed. If the case does
not constitute a crime, administrative penalties shall be meted out.
Article 69
Any one who hinders by means of force or threat the
personnel of the product quality supervision administrations or the
administrations for industry and commerce from performing their duties
according to law shall take criminal liabilities; any one who refuses to accept
or hinders the performance of duties by means other than violence and threat
shall be penalized by
the public security organs according to the relevant
provisions of the Regulations of the People's Republic of China on Punishments
in Public Order and Security Administration.
Article 70
The administrative punishment of revoking business
licenses as provided in this law shall be subject to the decision of the
administrations for industry and commerce. The administrative punishments as provided
in articles 49 to 57, 60 to 63 of this law shall be subject to the decisions of
the product quality supervision administrations or the administrations for
industry and commerce within their respective functions determined by the State
Council. Where there are different provisions in laws or regulations on
exercising the power of giving administrative punishments, such provisions
shall be applied.
Article 71
Products that have been confiscated in accordance with
this law shall be destroyed or burned
in accordance with the relevant provisions of the state
or be disposed of by other means.
Article 72
The value of products as mentioned in articles 49 to 54,
62 and 63 shall be calculated on the basis of the marked price of the products
illegally produced or sold; where there are no marked prices, it shall be
calculated according to the market prices of the similar products.
Article 73
The provisions on the supervision and control of the
quality of military products shall be formulated separately by the State
Council and the Central Military Commission.
If there are different provisions in laws or
administrative regulations concerning the compensation of losses caused by
nuclear establishments or products, such provisions shall be applied.
Article 74
This law shall come into effect as of September 1, 1993.