Interim Measures for Product Quality Supervision and Spot Inspection Management (announced by Order No. 18 of the State Administration for Market Regulation on November 21, 2019) Chapter 1 General Provisions Article 1 In order to strengthen product quality supervision and management, standardize product quality supervision To carry out random inspections and protect the legitimate rights and interests of consumers, these Measures are formulated in accordance with the "Law of the People's Republic of China on Product Quality" and the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests" and other laws and administrative regulations. Article 2 The market supervision and management departments shall conduct supervision and spot inspections on products produced and sold within their own administrative regions, and these Measures shall apply. If laws, administrative regulations, and departmental rules have other provisions on product quality supervision and spot inspections, those provisions shall prevail. Article 3 The term "supervision and spot inspection" as mentioned in these Measures refers to the activities in which the market supervision and management department organizes in accordance with the law to sample, inspect and process products produced and sold within the territory of the People's Republic of China in order to supervise product quality. Article 4 Supervision and spot inspections are divided into national supervision and spot inspections organized by the State Administration for Market Regulation and local supervision and spot inspections organized by local market supervision and administration departments at or above the county level. Article 5 The State Administration for Market Regulation is responsible for the overall management, guidance and coordination of national supervisory and spot inspections, organizing and implementing national supervisory and spot inspections, and summarizing and analyzing national supervisory and spot inspection information. Provincial market supervision and management departments are responsible for the unified management of local supervision and spot inspections within their respective administrative regions, organizing and implementing supervisory spot inspections at the same level, and summarizing and analyzing supervisory spot inspection information within their respective administrative regions. Municipal and county-level market supervision and administration departments are responsible for organizing and implementing supervisory spot inspections at the same level, summarizing and analyzing supervisory spot inspection information in their respective administrative regions, cooperating with higher-level market supervision and administration departments to carry out sampling work within their respective administrative regions, and handling the results of supervisory and spot inspections. Article 6 The expenses for the collection, purchase, transportation, inspection, disposal and review of samples required for supervision and spot inspection shall be included in the fiscal budget of the government at the same level in accordance with relevant national regulations. Article 7 Producers and sellers shall cooperate with supervisory spot checks, truthfully provide the materials and information required for supervisory spot checks, and shall not obstruct or refuse supervisory spot checks in any way. Article 8 The same market supervision and management department shall not conduct more than two supervisory and random inspections on products with the same trademark and the same specifications and models produced by the same manufacturer in accordance with the same standards (hereinafter referred to as the same product) within six months. If the sampled producers and sellers can prove that the same product has been supervised and inspected by the superior market supervision and management department within six months during sampling, the lower-level market supervision and management department shall not repeat the spot inspection. The provisions of the first two paragraphs do not apply to follow-up spot inspections of unqualified products found in supervisory spot checks and supervisory spot checks carried out in response to emergencies. Article 9 Supervision and random inspections shall implement a separate random inspection system. Except for on-site inspection, sampling personnel shall not undertake the inspection work of their sampled products. Article 10 The market supervision and management department that organizes supervision and spot inspections shall disclose the results of supervision and spot inspections in accordance with the relevant provisions of laws and administrative regulations. Without the consent of the market supervision and management department that organizes supervision and spot inspections, no unit or individual may disclose the results of supervision and spot inspections without authorization. Chapter 2 Organization of Supervision and Spot Inspections Article 11 The State Administration for Market Regulation is responsible for formulating annual plans for national supervision and spot inspections and notifying the provincial market supervision and administration departments. Local market supervision and administration departments at or above the county level are responsible for formulating annual plans for supervision and spot inspections at the same level and submitting them to the market supervision and administration department at the next higher level for filing. Article 12 The market supervision and management department that organizes supervision and spot inspections shall formulate supervision and spot inspection plans and implementation details of supervision and spot inspections based on the annual plan for supervision and spot inspections at the same level. The supervisory spot inspection plan shall include spot inspection product scope, work division, progress requirements, etc. The implementation details of supervisory spot inspections shall include sampling methods, inspection items, inspection methods, judgment rules, etc. The implementation details of supervisory spot inspections shall be disclosed to the public before sampling. Article 13 The market supervision and management department that organizes supervision and spot inspections shall, in accordance with relevant requirements such as government procurement, determine the sampling agency and inspection agency responsible for supervision and spot inspection sampling and inspection work, and sign an entrustment agreement to clarify rights, obligations, liability for breach of contract, etc. If laws and administrative regulations have provisions on the qualifications of sampling agencies and inspection agencies, agencies with statutory qualifications should be entrusted. Article 14 Sampling agencies and inspection agencies shall carry out sampling and inspection work within the scope of entrustment to ensure the objectivity, fairness and authenticity of the sampling and inspection work and their results. Sampling agencies and inspection agencies shall not engage in the following behaviors: (1) Inform the sampled producers and sellers of the relevant contents of the supervision and spot inspection plan in any way before implementing sampling; (2) Subcontract inspection tasks or market unorganized supervision and spot inspections The supervisory and administrative department agrees to subcontract the inspection task; (3) Issues false inspection reports; (4) During the period of undertaking the work related to supervision and spot inspection, it signs a paid service agreement with the sampled producers and sellers for supervision and spot inspection of similar products or accepts the sampled production Authors and sellers entrust inspections of the same product; (5) Use the results of supervision and spot inspections to carry out product recommendations and evaluations, and issue supervision and spot inspection product certificates, plaques, etc.; (6) Take advantage of the convenience of undertaking supervision and spot inspection-related work to make illegal or improper profits interests; (7) Violating regulations and charging sampled producers and sellers for sampling, inspection and other supervision and inspection-related expenses.

Chapter 3 Sampling Section 1 On-site Sampling Article 15 The market supervision and administration department shall take samples on its own or entrust a sampling agency to take samples, and shall randomly select sampled producers and sellers and randomly select sampling personnel in accordance with relevant regulations. Sampling personnel should be familiar with relevant laws, administrative regulations, departmental rules, standards and other regulations. Article 16 The number of sampling persons shall not be less than two, and the sampling personnel shall present the supervision and spot inspection notice issued by the market supervision and management department organizing the supervision and spot inspection and the identity certificate of the sampling personnel to the sampled producers and sellers. When the sampling agency performs the sampling task, it shall also produce a copy of the authorization letter issued by the market supervision and management department organizing the supervision and spot inspection. The sampling personnel shall inform the sampled producers and sellers of the scope of products to be inspected, sampling methods, etc. Article 17 Samples shall be randomly selected by sampling personnel from the products for sale of the sampled producers and sellers, and shall not be sampled by the sampled producers or sellers themselves. If the sampling personnel find that the sampled producers or sellers are suspected of being unlicensed or unlicensed, or other circumstances that can be determined to be illegal without inspection, they should terminate the sampling and immediately report to the market supervision and management department that organizes supervision and spot inspections, and at the same time report the sampled persons who are suspected of violating the law. The county-level market supervision and management department where the producer or seller is located. Article 18 Sampling personnel shall not take samples under any of the following circumstances: (1) The quantity of products to be sold does not meet the requirements of the implementation details of supervisory spot inspections; (2) There is sufficient evidence that the products to be sampled are not for sale, or are only for sale. Export and the export contract has other provisions on product quality; (3) The product or its packaging is marked with words such as "trial production", "processing", "sample", etc. Article 19 Sampling personnel shall conduct sampling in accordance with the sampling methods stipulated in the implementation details of supervisory spot inspections. Sampling personnel shall use prescribed sampling documents to record sampling information, and retain evidence by taking photos or video recordings of the sampling location, storage environment, identification of sampled products, inventory quantities, sampling process, etc. The sampling document shall be signed by the sampling personnel and the sampled producers and sellers. If the sampled producer or seller refuses to sign, the sampling personnel shall indicate the situation on the sampling document, and may invite relevant personnel as witnesses if necessary. If the sampling document really needs to be corrected or supplemented, the sampled producer or seller shall confirm it by signing or sealing the correction or supplement. Article 20 If sampling is impossible due to reasons such as the change of production or suspension of business by the sampled producers or sellers, the sampling personnel shall record the facts truthfully and submit them to the market supervision and management department that organizes supervision and spot inspections. Article 21 If a sampled producer or seller obstructs, refuses or fails to cooperate with sampling through obviously unreasonable sample prices or other means, the sampling personnel shall record the facts and report them immediately to the market supervision and management department that organizes the supervision and spot inspection, and report the same at the same time The county-level market supervision and management department where the sampled producers and sellers are located. Article 22 Samples are divided into inspection samples and spare samples. Unless the inspection is not carried out by destructive testing and will not have a substantial impact on the quality of the sample, the sampling personnel should purchase inspection samples. The price for purchasing inspection samples shall be based on the price of the products produced and sold; if there is no price, the market price of similar products shall prevail. Spare samples shall be provided free of charge in advance by the sampled producers and sellers. If laws, administrative regulations, and departmental rules have other provisions on sample acquisition methods, those provisions shall prevail. Article 23 Sampling personnel shall take effective measures to prevent tampering, seal the inspection samples and spare samples separately, and have them signed and confirmed by the sampling personnel and the sampled producers and sellers. Article 24 Samples shall be carried by sampling personnel or delivered to the inspection agency for inspection. For samples that have special requirements for transportation and storage, such as fragile products and hazardous chemicals, effective measures should be taken to ensure that the transportation and storage processes of the samples comply with relevant national regulations and that no changes will occur that will affect the inspection conclusions. If the samples need to be stored at the location of the sampled producer or seller first, they shall be sealed and sealed with a sealing mark. Producers and sellers who are sampled shall properly keep the sealed samples and shall not conceal, transfer, sell or destroy them. Section 2 Online Sampling Article 25 When the market supervision and management department samples products produced by producers within the same administrative region sold by e-commerce operators and products sold by e-commerce operators within the same administrative region, they may Purchase samples in the name of the consumer. Article 26 When the market supervision and management department conducts online sampling, it shall record the sampling personnel, payment account, registered account number, delivery address, contact information and other information. Sampling personnel should record sampled seller information, sample web page display information, order information, payment records, etc. by taking screenshots, taking photos, or video recordings. Article 27 The samples purchased by sampling personnel shall include inspection samples and spare samples. Article 28 After receiving the samples, the sampling personnel shall record the unpacking process by taking photos or videos, inspect the delivery packaging, sample packaging, sample identification, sample delivery status, etc., and seal the inspection samples and spare samples separately. , and carry or send the inspection samples and spare samples to the inspection agency for inspection. Sampling personnel should fill in the sampling documents according to the sample conditions. After the sampling document is signed by the sampling personnel and stamped with the official seal of the sampling unit, it will be sent to the sampled seller together with the supervisory spot inspection notice. When the sampling agency performs the task of purchasing samples, it shall also send a copy of the authorization letter issued by the market supervision and management department that organizes the supervision and spot inspection.

Chapter 4 Inspection Article 29 After receiving the sample, the inspector shall check and record the appearance and status of the sample, whether the seal is damaged, and other conditions that may affect the inspection conclusion by taking photos or videos, and check whether the sample is consistent with the inspection conclusion. Whether the records in the sampling documents are consistent. For samples with irregular sampling, inspectors should refuse to accept them and explain the reasons in writing, and report to the market supervision and management department that organizes supervision and spot inspections. For network sampling inspection samples and spare samples, corresponding labels should be affixed respectively and stored in accordance with relevant requirements. Article 30 If the sampled products are subject to production licensing, compulsory product certification, etc., inspectors shall verify whether the producer of the sample meets the corresponding requirements before inspection. If the inspector discovers that the producer of the sample is suspected of being unlicensed, etc., which can be determined to be illegal without inspection, the inspection should be terminated, and the inspection should be immediately reported to the market supervision and management department that organizes supervision and spot inspections, and at the same time, the location of the producer of the suspected illegal sample should be reported. County-level market supervision and administration departments. Article 31 Inspectors shall conduct inspections in accordance with the inspection items, inspection methods, judgment rules, etc. stipulated in the implementation details of supervisory spot inspections. If it is found during the inspection that the inspection cannot be carried out due to sample failure or other reasons, the inspection personnel shall record the facts truthfully, provide relevant supporting materials, and submit them to the market supervision and management department that organizes supervision and spot inspections. Article 32 The inspection report issued by the inspection agency shall be true and complete in content, accurate in data and clear in conclusion, and shall be signed and sealed in accordance with relevant regulations. Inspection agencies and inspection personnel shall be responsible for the inspection reports issued by them. Article 33 The inspection agency shall submit the inspection report and relevant materials to the market supervision and management department that organizes supervision and spot inspections within the specified time. Article 34 If the inspection conclusion is that the sample is qualified and provided free of charge, the market supervision and administration department that organizes the supervision and spot inspection shall promptly return it after the expiration of the time limit for filing an objection application. For other samples other than those specified in the preceding paragraph, the market supervision and administration department that organizes supervision and spot inspections shall handle them in accordance with relevant regulations after the expiration of the time limit for filing an objection application. Chapter 5 Objection Handling Article 35 The market supervision and management department that organizes supervision and spot inspections shall promptly notify the sampled producers and sellers in writing of the inspection conclusions, and at the same time inform them of their rights according to law. If the sample is taken on-site at the seller's office, the market supervision and management department that organizes the supervision and spot inspection shall also notify the nominal producer of the sample in writing. If the sample is purchased through online sampling, the e-commerce platform operator and the nominal producer of the sample must also be notified in writing at the same time. Article 36 If the sampled producers or sellers have objections, they shall submit a written objection handling application to the market supervision and management department that organizes the supervision and spot inspection within 15 days from the date of receipt of the written notification of the inspection conclusion, and submit relevant materials. Article 37 If the sampled producers or sellers have objections to the sampling process, sample authenticity, etc., the market supervision and management department that receives the application for objection handling shall organize the objection handling and inform the applicant in writing of the handling conclusion. If the sampled producers or sellers have objections to the inspection conclusions and submit a written application for re-inspection and explain the reasons, the market supervision and management department that received the application for handling the objection shall organize a study. If re-inspection is required and inspection conditions are met, re-inspection shall be organized. Except for inspections that are not carried out by destructive testing and will not have a substantial impact on the quality of the samples, the market supervision and management department organizing the re-inspection shall pay the sampled producers and sellers for spare samples. Article 38 The applicant shall go through the re-inspection procedures within seven days from the date of receipt of the re-inspection notice from the market supervision and administration department. Failure to do so within the time limit will be deemed as giving up the re-inspection. Article 39 The market supervision and administration department shall determine an inspection agency with corresponding qualifications to conduct re-inspection within ten days from the date the applicant goes through the re-inspection procedures. The re-inspection agency and the initial inspection agency shall not be the same agency, but there is only one inspection agency within the administrative area of ??the provincial-level or above-level market supervision and administration department that organizes supervision and spot inspections, or within the jurisdiction of the province where the municipal-level or county-level market supervision and administration departments that organize supervision and spot inspections are located. Except those with corresponding qualifications. Article 40 If the sampled producer or seller conceals, transfers, sells off or destroys the spare samples, the re-inspection shall be terminated and the conclusion of the initial inspection shall be the final conclusion. Article 41 The re-inspection agency shall check and record the appearance and status of the spare samples, whether the seals are damaged and other situations that may affect the inspection conclusion by taking photos or videos, and check whether the backup samples are consistent with the records in the sampling documents . Article 42 The re-inspection agency shall re-inspect the inspection items related to the objection within the specified time in accordance with the inspection methods, judgment rules, etc. stipulated in the implementation details of supervisory spot inspections, and submit the re-inspection results to the organization for re-inspection in a timely manner. The market supervision and administration department, which organizes the re-inspection, shall notify the re-inspection applicant in writing. The conclusion of the re-examination is final. Article 43 The re-inspection fee shall be paid by the applicant to the re-inspection agency in advance. If the re-inspection conclusion is consistent with the initial inspection conclusion, the re-inspection fee shall be borne by the applicant; if the re-inspection conclusion is inconsistent with the initial inspection conclusion, the re-inspection fee shall be borne by the market supervision and management department that organizes supervision and spot inspections. Chapter 6 Result Handling Article 44 The market supervision and administration department that organizes supervision and spot inspections shall summarize and analyze, disclose the results of supervision and spot inspections in accordance with the law, and notify the local people's government, the market supervision and administration department at the next higher level, and relevant departments at the same level about the supervision and spot inspections. .

If the market supervision and management department that organizes local supervision and spot inspections finds that substandard products are produced by producers outside the administrative region, it shall promptly notify the market supervision and management department at the same level where the producer is located. Article 45 For products that are found to be unqualified by inspection, the sampled producer or seller shall immediately stop producing and selling the same product. Article 46 The market supervision and administration department responsible for handling the results shall order the sampled producers and sellers of unqualified products to make corrections within 60 days from the date of the order. Article 47 The market supervision and administration department responsible for handling the results shall organize a review within 75 days from the date of the order in accordance with the detailed implementation rules of supervisory spot inspections. If the sampled producers or sellers fail to pass the re-examination, the market supervision and management department responsible for handling the results shall report it step by step to the provincial market supervision and management department, which will announce it to the public. Article 48 The market supervision and administration department responsible for handling the results shall organize a re-examination of the sampled producers and sellers sixty days from the date of announcement and ninety days before Article 17 of the National Product Quality Law stipulates that businesses shall be ordered to cease operations and rectify within a time limit; if the rectification period expires and still fails to pass the reexamination, the business license shall be revoked. Article 49 The samples required for re-inspection shall be provided free of charge by the sampled producers and sellers. Except for providing samples required for re-examination, the sampled producers and sellers shall not resume production or sale of the same product until the market supervision and management department responsible for processing the results determines that the re-inspection has passed. Article 50: If supervision and spot inspections reveal that products have regional or industry quality problems, the market supervision and management department may convene a quality analysis meeting together with other relevant departments and industry organizations to guide relevant product producers and sellers to strengthen quality management.

Chapter 7 Legal Liability

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