1993年2月22日第七届全国人民代表大会常务委员会第三十次会议通过 根据2000年7月8日第九届全国人民代表大会常务委员会第十六次会议《关于修改〈中华人民共和国产品质量法〉的决定》第一次修正 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国产品质量法〉等五部法律的决定》第三次修正
Product Quality Law of the People's Republic of China (2018 Revision)
(1993年2月22日第七届全国人民代表大会常务委员会第三十次会议通过 根据2000年7月8日第九届全国人民代表大会常务委员会第十六次会议《关于修改〈中华人民共和国产品质量法〉的决定》第一次修正 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国产品质量法〉等五部法律的决定》第三次修正)
(Adopted at the 30th session of the Standing Committee of the 7th National People's Congress on February 22, 1993; amended for the first time according to the Decision on Revising the Product Quality Law of the People's Republic of China at the 16th session of the Standing Committee of the 9th National People's Congress on July 8, 2000; amended for the second time according to the Decision on Revising Certain Laws at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the third time according to the Decision on Revising Five Laws including the Product Quality Law of the People's Republic of China at the 7th session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted for the purposes of strengthening the supervision and control over product quality, raising the level of product quality, defining the responsibilities for product quality, protecting the legitimate rights and interests of consumers and maintaining 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.
For the purpose of the Law, products refer to products processed or manufactured for the purpose of sale.
This law is not applicable to construction projects. However, the construction materials, components, 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 establish and improve their internal product quality management systems, and rigorously implement post-oriented quality regulations, quality responsibilities and corresponding measures for their assessment.
Article 4 Producers and sellers are responsible for product quality in accordance with the Law.
Article 5 It is forbidden to forge or fraudulently use certification marks or other quality marks; to forge the origin of products, or to forge or fraudulently use the factory names or factory addresses of others; to mix impurities or imitations into products that are manufactured or for sale, or to pass fake goods off as genuine ones or shoddy products as good ones.
Article 6 The State encourages the use of scientific quality control methods and adoption of advanced science and technology, and encourages enterprises to make their product quality reach or surpass the trade standards, national standards and even international standards.
The entities and individuals that have made outstanding achievements in ensuring advanced product quality control and in raising product quality to the advanced international standards shall be awarded.
Article 7 The people's governments at all levels shall ensure the implementation of the Law by incorporating the improvement to product quality into their plans for national economic and social development, reinforcing the overall planning, organization and leadership regarding product quality, instructing and urging producers and sellers to reinforce the management of product quality and improve product quality, and organizing relevant departments to lawfully take measures for stopping any violations of the Law in the process of product production and selling.
Article 8 The market supervision and administration department of the State Council shall be in charge of supervision and administration of product quality nationwide. Other relevant departments of the State Council shall be responsible for the supervision of product quality within their respective functions and duties.
Local market supervision and administration authorities at or above the county level are in charge of product quality supervision within their respective administrative jurisdictions. The relevant departments of the local people's governments at or above the county level are responsible for product quality supervision according to their respective responsibilities.
If the product quality supervision departments are otherwise provided by the law, such provisions apply.
Article 9 No functionaries of the people's governments at all levels or of other state organs may abuse their power, neglect their duties or engage in malpractices for personal gain, cover up for or connive at violations of the Law in the process of product production and selling that occur within the locality or within the trade, or hinder or interfere with the lawful investigation into and handling of violations of the Law that occur in the process of product production and selling.
Where any of the local people's governments or other state organs covers up or gives loose to the violations of this Law that occur in the production or selling of products, the principal person-in-charge shall be subject to legal liabilities.
Article 10 Any organisation or individual shall have the right to report any violation of the provisions of this Law to the market supervision and administration authorities or other relevant authorities.
Market regulatory authorities and the relevant authorities shall keep confidentiality of whistle-blowers, and reward them pursuant to the provisions of the People's Government of the province, autonomous region or centrally-administered municipality.
Article 11 No entity or individual may prevent any qualified products produced outside of the region or trade from entering the region or trade.
CHAPTER 2 SUPERVISION OVER 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 human health and personal or property safety shall meet the national standards and trade standards for ensuring human health and personal or property safety. In the absence of such national standards or trade standards, the products shall conform to the requirements for ensuring human health and personal or property safety.
It is prohibited to produce or sell industrial products which do not conform to the standards and requirements for the protection of human health and personal and property safety. The specific administrative measures shall be formulated 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, according to the principle of voluntariness, apply for certification of their quality systems to the certification organizations recognized by the market regulatory department under the State Council or by the departments authorized by the market regulatory department under the State Council. If the system is certified as up to standard, an enterprise quality system certificate shall be issued by the certification organ.
The State shall practice a product quality certification system with reference to the internationally advanced product standards and technical requirements. Enterprises may apply voluntarily for certification of the quality of their products with the market regulatory department under the State Council or quality certification organizations recognized by the departments authorized by the market regulatory department under the State Council. The qualified enterprises shall be issued with the certificates for product quality and allowed to use quality certification marks on the products or on the packages thereof.
Article 15 The State, with respect to product quality, adopts a supervision and inspection system with random inspection as the main method. The products that may endanger human health and personal or property safety, the important industrial products that influence the national economy and the people's livelihood and the products that have been reported by consumers or relevant organizations as defective in quality are subject to random inspection. The samples for random inspection shall be randomly taken from the market or the products for sale stored in the warehouse of an enterprise. The supervision and random inspection shall be planned and organized by the market regulatory authority under the State Council. A local market supervision and administration department at or above the county level may also organize the supervision and random inspection within its administrative region. Where there are different provisions concerning the supervision and inspection, such provisions shall be applied.
The products supervised and randomly inspected by the state shall not be subject to repeated random inspection by local administrations; the products supervised and randomly inspected by the administration at a higher level shall not be subject to repeated random inspection by an administration at a lower level.
Products may be tested when required by supervision and random inspection. The quantity of samples shall not be larger than that is reasonably needed, and no fees may be charged from the inspected. The inspection cost for the supervision and random inspection shall be disbursed in accordance with the regulations of the State Council.
Where manufacturers and sellers have any objection to the results of random inspection and tests, they may, within 15 days from the date of receiving the results of inspection and tests, apply for re-inspection to the market supervision and administration departments that implement supervision and random inspection or the market supervision and administration departments at a higher level. The market supervision and administration departments that accept the re-inspection shall issue a re-inspection conclusion.
Article 16 No producer or seller may reject any supervision or inspection over product quality that is carried out in accordance with the law.
Article 17 Where any product is found to be unqualified by any supervision and random inspection that is carried out in accordance with the Law, the market supervision and administration department carrying out the supervision and random inspection shall order the producer or seller to make corrections within a prescribed time limit. If the producer or seller fails to make corrections within the time limit, the market supervision and administration department of the people's government at the provincial level or above shall make an announcement. If the product is still found to be unqualified upon re-inspection after the announcement, the producer or seller shall be ordered to suspend business for rectifications within a time limit. If the product quality is still found to be unqualified upon re-inspection after the expiration of the period of rectification, the business license shall be revoked.
Where serious quality problems arise in the supervision and random inspection of products, penalties shall be imposed in accordance with the relevant provisions in Chapter V of this Law.
Article 18 A market supervision and administration department at the county level or above may, when investigating and handling any act suspected to be in violation of this Law according to the evidence acquired concerning the suspected violation of law or the report, exercise the following powers:
1. Conducting on-spot inspection over the site where the parties concerned are suspected to engage in production or sale activities by violating this Law;
2. Inquiring the legal representative, the principal person-in-charge and other relevant persons about information relevant to the suspected activities of production and sale in violation of this Law;
(III) To examine and copy relevant contracts, invoices, account books and other materials of parties concerned;
(IV) Sealing up or detaining any product that may be considered on the basis of existing grounds as not meeting the national standards or trade standards for ensuring human health and personal or property safety, any product that has other serious defects in quality, and raw or subsidiary materials, wrappings, or production tools directly used for production or sale of this product.
Article 19 Product quality inspection institutions shall have the corresponding testing facilities and capabilities and shall conduct product quality inspection only after they have passed the examination of the market supervision and administration departments of the people's governments at or above the provincial level or of departments authorized thereby. If there are separate provisions by other laws or administrative decrees, the relevant laws or administrative decrees shall apply.
Article 20 Social intermediary institutions engaged in the inspection and certification of product quality shall be established in accordance with the law, and shall not be subordinate to or have any other interest relations with any administrative organs or state organs.
Article 21 Product quality inspection institutions and certification institutions shall make objective and fair inspection 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 inspections on the products that are allowed to bear certification marks. If any product fails to meet the certification requirements and still bears certification marks, the institutions shall order the producers or sellers to make corrections; if the circumstances are serious, the institutions shall revoke their 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 market supervision and administration departments or the relevant departments. The departments accepting complaints shall be responsible for handling such 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 market supervision and administration departments under the State Council and the market supervision and administration departments of 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 supervised and randomly inspected.
Article 25 Market supervision and administration departments, other state organs, and product quality inspection institutions may not recommend producers' products to the public, nor may they engage in the operational activities of products by means of supervising the production or sale of products.
Chapter 3 Responsibilities and Obligations of Producers and Sellers in Respect of Product Quality
Section 1 Producer’s Responsibility and Obligation for Product Quality
Article 26 Producers shall be responsible for the quality of products they produce.
Product quality shall conform to the following requirements:
1. being free from unreasonable dangers that may jeopardize personal and property safety, and meeting national standards or trade standards for ensuring human health and personal and property safety if there are such standards;
(II) having proper functional performance except the circumstances where defects in functional performance are indicated;
(III) 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 packages thereof shall be authentic and shall include the following:
1. there shall be certificates for quality inspection;
(II) Product name, manufacturer name and address in Chinese;
(III) If, according to the characteristics and requirements for use, the specification, grade or the names and contents of the major ingredients are required to be specified, they shall be specified in Chinese; if it is necessary to inform consumers in advance, it shall be marked on the outer package or relevant materials shall be provided to consumers in advance;
(IV) Products which have a time limit for use, the date of production or the period for safe use or the date of losing efficacy shall be indicated clearly in a conspicuous position of the product;
(V) Where it is not properly used, a warning mark or warning specifications in Chinese shall be indicated on the product if the product is easily damaged or may endanger personal or property safety.
Food products without package and other non-packed products, which are difficult to be marked because of their nature, may dispense with product marks.
Article 28 For such dangerous products as fragile, inflammable, explosive, toxic, corrosive or radioactive products, products which cannot be placed upside down in the process of storage or transportation or products which have other special requirements, the packages thereof shall meet the corresponding requirements, carry warning marks or warnings written in Chinese or notes of attention in storage or transportation 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 No producer may forge the origin of a product, nor forge or falsely use another producer name and address.
Article 31 No producer may forge or falsely use certification marks or other quality marks.
Article 32 In producing products, producers shall not mix impurities or imitations into products, or to pass fake goods off as genuine ones or shoddy products as good ones or sub-standard products as standard ones.
Section 2 Liability and Obligation of Seller for Product Quality
Article 33 Sellers shall implement the system of examination and acceptance of goods procured, to verify 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 is eliminated and the sale of which is stopped by State orders, or any expired and deteriorated product.
Article 36 The marks of products for sale by sellers shall conform to the provisions of Article 27 of the Law.
Article 37 Sellers are not allowed to fake the place of origin or fake or fraudulently use the factory names and addresses of others.
Article 38 Sellers are not allowed to forge or fraudulently use certification marks and other quality marks.
Article 39 In selling products, sellers shall not mix impurities or imitations into products, or to pass fake goods off as genuine ones or shoddy products as good ones or sub-standard products as standard ones.
Chapter 4 Damages
Article 40 Sellers shall be responsible for repair, replacement or return and compensate for the damages done to consumers if one of the following cases occurs:
1. The product does not have the function it should have and there is no advance explanations thereabout;
2. The quality of products does not conform to the standards or to the standards specified in the packages;
(III) the quality of products does not meet the quality specified by way of product specifications and samples.
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 sellers that provide the products.
Sellers who fail to make repair, replacement, return or compensation pursuant to the provisions of the first paragraph shall be ordered by the market supervision and administration authorities to make correction.
If there are relevant provisions in the sales contracts or work contracts between producers, between sellers or between producers and sellers, the parties to the contracts shall follow the provisions of the contracts.
Article 41 Producers shall be responsible for compensating for the injury to a person or damage to property other than the defective products per se (hereinafter referred to as the "property of others") due to the defects of products.
Producers shall not be held liable if they can prove one of the following cases:
1. The products have not been put into circulation;
2. the defects causing the damage do not exist when the products are put into circulation; and
(III) the defects cannot be found at the time of circulation due to the scientific and technological level at the time of circulation.
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 personal injury or damage to the property of others is caused due to the defects of products, the victims may claim for compensation from either the producers or sellers. If the liability lies on the producers and the compensation has been paid by the sellers, the sellers have the right to recover their losses from the producers. If the liability lies on the sellers and the compensation has been paid by the producers, the producers have the right to recover their losses from the sellers.
Article 44 If personal injury is caused by the defect of a product, the party liable shall pay medical expenses, nursing expenses during medical treatment and lost income due to absence from work to the victim; if the personal injury has resulted in disability, the party liable shall also pay the expenses for self-supporting equipment, living allowances, disability compensation and the living expenses necessary for those under the support of the disabled person; if death is resulted, the party liable shall also pay the funeral expenses, compensation for death and the living expenses necessary for those supported by the dead.
If the defect of a product causes damage to the property of the victims, the party liable shall restore the damaged property to its original state, or pay compensation at the market price. If the victim suffers other major losses, the party liable shall compensate for the losses.
Article 45 The validity period for claiming for compensation for damage due to defects of products is two years, starting from the date when the parties concerned knew or should have known that their rights and interests are damaged.
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 first 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 a civil dispute over product quality occurs, the parties concerned may settle the dispute 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 agreements on arbitration or the agreements on arbitration become invalid, the cases may be brought before the people's courts.
Article 48 Arbitration organizations or the people's courts may entrust product quality inspection institutions provided for in Article 19 of the Law to inspect the quality of products concerned.
第五章 罚 则
Chapter 5 Penalty Provisions
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 crimes are constituted, criminal liabilities 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 not less than 50% of but not more than three times the value of the products illegally produced or sold shall be imposed concurrently; if there are illegal proceeds, such proceeds shall be confiscated concurrently; if the circumstances are serious, the business license shall be revoked; if the case constitutes a crime, criminal liability shall be investigated in accordance with law.
Article 51 Any producer producing products that have been eliminated by State orders or any seller selling products that have been eliminated and the sale of which has been stopped by State orders shall be ordered to stop production or selling; the products illegally produced or sold shall be confiscated and a fine not more than the equivalent of the value of the products illegally produced or sold shall be imposed concurrently; if there are illegal proceeds, the proceeds shall be confiscated concurrently; if the circumstances are serious, the business license shall be revoked.
Article 52 Any seller selling products that are expired or deteriorated shall be ordered to stop selling; the products for illegal sale shall be confiscated and a fine not more than two times the value of the products for illegal sale shall be imposed concurrently; if there are illegal proceeds, such proceeds shall be confiscated concurrently; if the circumstances are serious, the business license shall be revoked. If the case constitutes a crime, criminal liability shall be investigated in accordance with the law.
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, such producer or seller shall be ordered to make corrections; the products illegally produced or sold shall be confiscated and a fine not more than the equivalent of the value of the products illegally produced or sold shall be imposed concurrently; if there are illegal proceeds, such proceeds shall be confiscated concurrently; if the circumstances are serious, the business license shall be revoked.
Article 54 Where the marks of a product do not conform to the provisions of Article 27 of this Law, the producer or seller shall be ordered to set it right; where the marks of the packaged products do not conform to the provisions of subparagraph (4) or (5) of Article 27 of this Law and the circumstances are serious, the producer or seller shall be ordered to stop the production or sale, and be fined not more than 30% of the value of the products illegally produced or sold; if there are illegal proceeds, such proceeds shall be confiscated.
Article 55 If a seller that sells the products prohibited from selling as provided in Articles 49 to 53 of the Law presents sufficient evidence to prove that the seller does not know that the products had been prohibited from selling and truthfully reveals the source of products, the seller may be punished in a lenient way or be given a lesser punishment.
Article 56 Any producer or seller that refuses to accept lawful product quality supervision and inspection shall be given a warning and be ordered to make corrections; if the producer or seller refuses to make corrections, the producer or seller shall be ordered to suspend business for rectifications; if the circumstances are extremely serious, its business license shall be revoked.
Article 57. Where a product quality inspection organ or a product quality certification organ falsifies inspection conclusions or issues a false certificate, it shall be ordered to rectify the situation. The unit involved shall be fined an amount greater than 50,000 yuan and less than 100,000 yuan and the person in charge who is directly responsible and other persons who are directly responsible shall be fined an amount greater than 10,000 yuan and less than 50,000 yuan; where there is illegal income, the illegal income shall be confiscated; where the circumstances are serious, the unit's inspection or certification qualifications shall be cancelled; where the case constitutes a crime, criminal liability shall be pursued in accordance with law.
Any product quality inspection institution or certification institution that produces untrue results and thus leads to losses shall be held liable for corresponding compensations. If the losses are great, it shall be disqualified for inspection or certification.
Where any product quality certification institution violates the provisions of Paragraph 2 of Article 21 of the Law by failing to demand the producers or sellers whose products do not meet the requirements for certification but who use certification marks on their products to make corrections or failing to revoke their qualification for using certification marks in accordance with the law shall, together with the producers or sellers of the products, be liable for any losses caused to consumers due to the products' inconformity with the standards for certification. If the circumstances are serious, it shall be disqualified for certification.
Article 58 Where any public organization or public intermediary organization makes promises or warranties concerning the quality of a product which, however, does not meet the requirements for such promises or warranties, thus causing losses to consumers, the organization shall bear several and joint liability with the producers and sellers of the product.
Article 59 If a producer or seller falsely publicizes the quality of a product in advertisements so that consumers are cheated or misled, the producer or seller shall bear legal liability in accordance with the Advertising Law of the People's Republic of China.
Article 60 The subsidiary materials, packages, tools used by producers for producing such products as mentioned in Articles 49 and 51 of the Law or for producing fake products as real ones shall be confiscated.
Article 61 If anyone knows or ought to know that a product is prohibited from being produced or sold by the Law but still facilitates the transportation, safekeeping, and storage for the said product or supplies the production techniques for producing fake products as real ones, all the proceeds from the transportation, safekeeping, storage or supply of production techniques for producing fake products as real ones shall be confiscated and he shall be fined not less than 50% of but not more than three times the illegal proceeds concurrently; if the case constitutes a crime, criminal liability shall be investigated in accordance with the law.
Article 62 Where any business operator of the service industry uses any of the products which are prohibited by Articles 49 to 52 of this Law from selling into business services shall be ordered to stop using; if it knows or ought to know that the products it uses are prohibited from using by this Law, it shall be penalized in accordance with this Law in the same way as applicable to a seller on the basis of the value of the products illegally used (including those already used and those not yet used).
Article 63 Anyone who conceals, transfers, sells or damages any of the articles sealed up or seized by a market supervision and administration department shall be fined an amount not less than one time but not more than three times the value of the articles concealed, transferred, sold or damaged; if there are illegal proceeds, such proceeds shall be confiscated concurrently.
Article 64 Persons who violate the provisions of this Law shall bear civil compensation liability and pay fines and penalties, where their properties are inadequate for both, civil compensation liability shall be borne first.
Article 65 Where any of the functionaries of the people's governments at various levels or other state organs commits any of the acts as mentioned below shall be given an administrative sanction in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
1. covering up or conniving at any of the violations of the Law in the process of production or selling products;
(II) divulging secret information to any of the parties involved in the production or sale activities in violation of this Law so as to help him escape from investigation;
(III) hindering or intervening in the lawful investigation by market supervision and administration departments into acts violating this Law in the process of production or sale of products, thereby causing serious consequences.
Article 66 Where a market supervision and administration department demands more samples than prescribed or collects inspection fees from the persons under inspection in the process of product quality supervision and random inspection, it shall be ordered by the market supervision and administration department or the supervisory organ at the higher level to return them; if the circumstances are serious, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law.
Article 67 Any market supervision and administration department or other state organ which, in violation of Article 25 of this Law, recommends a producer's products to the public or participates in the product business activities by way of supervising the production or selling, it shall be ordered by the department or supervision organ at a higher level to make corrections and clear up the ill effects; the illegal proceeds, if any, shall be confiscated; if the circumstances are serious, the person-in-charge held directly responsible and other persons held directly liable shall be given administrative sanctions in accordance with the law.
Any product quality inspection institution that commits any of the illegal acts specified in the preceding paragraph shall be ordered by the market supervision and administration department to make corrections and clear up any ill effects; the illegal proceeds, if any, shall be confiscated and a fine of not more than double the illegal proceeds may be imposed concurrently; if the circumstances are serious, it shall be disqualified for quality inspection.
Article 68 Any staff member of a market supervision and administration authority who abuses his power, neglects his duty or commits illegalities for personal gains shall be investigated for criminal liability in accordance with the law where a crime is constituted; or shall be subject to administrative sanctions in accordance with the law where no crime is constituted.
Article 69 Whoever by means of violence or threat, obstructs the staff of the market supervision and administration department from performing their duties in accordance with the law shall be investigated for criminal liability in accordance with the law; whoever refuses or obstructs the performance of duties by means other than violence or threat shall be punished by the public security organ in accordance with the provisions of the Law on Penalties for the Violation of Public Security Administration.
Article 70 Administrative penalties stipulated in Article 49 to Article 57 and Article 60 to Article 63 of this Law shall be decided by the market supervision and administration authorities. Where there are different provisions in laws or administrative regulations on exercising the power of giving administrative punishments, such provisions shall be applied.
Article 71 Products that have been confiscated in accordance with the Law shall be destroyed or otherwise disposed of in accordance with the relevant provisions of the State.
Article 72 The value of products as mentioned in Articles 49 to 54, 62 and 63 of the Law 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.
第六章 附 则
Chapter 6 Supplementary Provisions
Article 73 Measures for the supervision and administration over the quality of military products shall be formulated separately by the State Council and the Central Military Commission.
Where the laws and administrative regulations provide otherwise on compensation liability for damages caused by nuclear facilities and nuclear products, such provisions shall prevail.
Article 74 This Law shall go into effect as of September 1, 1993.