No. 117

　　《Mandatory Product Certification Regulations》It has been deliberated and approved by the Bureau Meeting of the General Administration of Quality Supervision, Inspection and Quarantine on May 26, 2009, and is hereby promulgated for implementation as of September 1, 2009.

　　　　　　　　　　　　　　　　　　　　　　　　Director

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　July 3, 2009

Mandatory Product Certification Regulations

Chapter I General Provisions

Article 1 In order to standardize compulsory product certification, improve the validity of certification and safeguard the national, social and public interests,according to《Regulations of the People's Republic of China on Certification and Accreditation》These Provisions are formulated in accordance with laws, administrative regulations and relevant state regulations, such as the Regulations on Certification and Accreditation hereinafter referred to as the Regulations on Certification and Accreditation.
     Article 2 In order to protect national security, prevent fraudulent acts, protect human health or safety, protect animal and plant life or health, and protect the environment, relevant products prescribed by the State must be certified (hereinafter referred to as compulsory product certification) and marked with certification marks before they can be exported, sold, imported or used in other business activities.
     Article 3 The General Administration of quality supervision, inspection and Quarantine of the people's Republic of China (hereinafter referred to as AQSIQ) is in charge of the national compulsory product certification.
　　      The State Accreditation and Accreditation Regulatory Commission (hereinafter referred to as the State Accreditation and Accreditation Regulatory Commission) is responsible for organizing, implementing, supervising and coordinating the compulsory product certification throughout the country.
　　      Local quality and technical supervision departments at all levels and entry-exit inspection and quarantine agencies (hereinafter referred to as the local quality and quarantine bureaus) are responsible for the supervision and management of compulsory product certification activities and law enforcement and investigation in their respective areas according to their respective responsibilities.
　　      Article 4 The state shall unify the product catalogue (hereinafter referred to as catalogue) for products subject to compulsory product certification, unify the compulsory requirements, standards and conformity assessment procedures of technical specifications, unify the certification marks and unify the charging standards.
　　      The General Administration of Quality Supervision and Inspection, the National Accreditation and Supervision Committee and the relevant departments under the State Council formulate and adjust catalogues, which are jointly issued by the General Administration of Quality Supervision and Inspection and the National Accreditation and Supervision Committee, and implemented jointly with relevant parties.
　　      Article 5 The state encourages the international mutual recognition of compulsory product certification on the basis of equality and mutual benefit. Mutual recognition activities shall be carried out within the framework of international mutual recognition agreements signed by the General Administration of Quality Supervision and Inspection, the State Accreditation Supervision Commission or the relevant departments authorized by the State.
　　      Article 6 Institutions and their personnel engaged in compulsory product certification activities shall be obliged to keep confidential the trade secrets and technological secrets and information known to them in their business activities, such as production technologies and processes.

Chapter II Certification Implementation

Article 7 The basic norms for compulsory product certification are formulated and promulgated by the General Administration of Quality Supervision and Inspection and the State Accreditation and Supervision Commission. The compulsory product certification rules (hereinafter referred to as the certification rules) are formulated and promulgated by the State Accreditation and Supervision Commission.
　　      Article 8 Compulsory product certification shall apply the following single certification mode or combination of multiple certification modes, including:
     (1) Design appraisal;
　　      (2) Type test;
　　      (3) Sample testing or inspection on the production site;
　　      (4) Market sampling inspection or inspection;
　　      (5) Inspection of enterprise quality assurance capability and product consistency;
　　     (6) Follow-up inspection after certification.
　　      The product certification mode should be based on the performance of the product, and the comprehensive factors, such as the degree of hazards, the life cycle of the product, the production and the risk situation of imported products, which may arise in the aspects of public safety, human health and environment, should be determined in accordance with the principles of science and convenience.
　　      Article 9 Authentication rules should include the following:
　　      (1) Applicable product range;
　　      (2) The mandatory requirements of the national standards, industry standards and national technical specifications corresponding to the applicable products;
　　      (3) Authentication mode;
　　      (4) Principles or provisions for the division of application units;
　　      (5) Sampling and delivery requirements;
　　      (6) Requirements for confirmation of key components or raw materials (when required);
　　      (7) Requirements for testing standards (when required);
　　      (8) Requirements for factory inspection;
　　      (9) Requirements for follow-up inspection after certification;
　　      (10) Requirements for the validity of certification certificates;
　　      (11) Requirements for labeling certification marks of certified products;
　　      (12) Other provisions.
　　     Article 10 Producers, sellers and importers of catalogued products (hereinafter referred to as certification trustees) shall entrust certification bodies designated by the State Accreditation and Supervision Commission (hereinafter referred to as certification bodies) to certify the products they produce, sell or import.
　　      If other enterprises are entrusted to produce catalogued products, the entrusted enterprises or the entrusted enterprises may entrust certification to the certification authority.
　      Article 11 The certification client shall provide relevant technical materials to the certification authority in accordance with the provisions of the specific product certification rules.
　　      When the seller or importer acts as the certification trustee, they shall also provide the certification authority with copies of relevant contracts concluded between the seller and the producer or between the importer and the producer.
　　      If other enterprises are entrusted to produce catalogued products, the certification trustor shall also provide the certification authority with copies of the relevant contracts concluded between the entrusted enterprises and the entrusted enterprises.
　　      Article 12 After accepting the certification commission, the certification authority shall arrange the product type test and factory inspection in accordance with the specific product certification rules.
　　      Article 13 The certification principal shall ensure that the samples provided by the certification principal are consistent with the products actually produced. The certification authority shall examine the authenticity of the samples provided by the certification principal.
　　      The certification authority shall, in accordance with the requirements of the certification rules and according to the product characteristics and actual conditions, entrust the laboratory designated by the State Accreditation and Supervision Commission (hereinafter referred to as the laboratory) to carry out product type tests by means of sampling such as the delivery of samples by the certification client, the on-site sampling or the delivery of samples by the certification client after on-site sealing.
　　      Article 14 Laboratories should ensure the authenticity and accuracy of the test results, record the whole process of the test, archive and retain the records, ensure the traceability of the test process and results, and cooperate with certification bodies to effectively track and inspect the certified products.
　　      Laboratories and their relevant personnel shall be responsible for the contents of their test reports and test conclusions. If they have doubts about the authenticity of the samples, they shall explain the situation to the certification authority and make corresponding treatment.
　　      Article 15 Where factory inspection is required, the certification authority shall appoint compulsory product certification inspectors with national registration qualifications to inspect the quality assurance capability of the production enterprises, the consistency of the products produced and the type test samples, etc. in accordance with the specific product certification rules.
　　     The certification authority and its compulsory product certification inspectors shall be responsible for the inspection conclusions.
　　      Article 16 After completing the product type test and factory inspection, the certification authority shall normally issue certification certificates to the certification client within 90 days from accepting the certification commission.
　　      If the certification requirements are not met, the certification trustee shall be notified in writing and the reasons shall be explained.
     The certification authority and its relevant personnel shall be responsible for the certification conclusions they have made.
　　     Article 17 The certification authority shall carry out classified management and effective follow-up inspection of the certified products and their production enterprises by means of on-site product inspection or inspection, market product sampling inspection or inspection, and quality assurance capability inspection, so as to control and verify the consistency between the certified products and the type test samples, and that the quality assurance capability of the production enterprises consistently meets the certification requirements.
　      Article 18 The certification authority shall make a complete record of the whole process of follow-up inspection and keep it in file to ensure that the certification process and results are traceable.
　　      If the certification requirements cannot be met continuously, the certification authority shall suspend or revoke the certification certificate in accordance with the relevant circumstances and publish it.
　      Article 19 The certification authority shall, in accordance with the provisions of the certification rules, classify and manage the certified products and their production enterprises according to the factors such as the safety level of the certified products, the stability of product quality and the good and bad records of the production enterprises, and determine the reasonable frequency of the follow-up inspection.

Chapter III Certificate and Certification Mark

Article 20 The State Accreditation Regulatory Commission uniformly stipulates the format, content and types of mandatory product certification certificates (hereinafter referred to as certification certificates) and mandatory product certification marks (hereinafter referred to as certification marks).
　　      Article 21 The certification certificate shall include the following basic contents:
　　      (1) The name and address of the certification client;
　　      (2) Name and address of the producer (manufacturer) of the product;
　　      (3) The name and address of the entrusted production enterprise (when necessary);
　　      (4) Product name and product series, specifications and models;
　　      (5) Basis for certification;
　　      (6) Authentication mode (when needed);
　　      (7) The date of issuance and the period of validity of the certificate;
　　      (8) Licensing institutions;
　　      (9) Certificate number;
　　      (10) Other contents that need to be marked.
　　      Article 22 The certificate is valid for five years.
　　      The certification authority shall, on the basis of its follow-up and inspection of the licensed products and their production enterprises, put on the certification certificate the inquiry website and telephone number for the next year's inspection of the valid status.
     If the validity period of the certification certificate expires and needs to be extended, the certification client shall apply for processing within 90 days before the expiration of the validity period of the certification certificate.
　　      Article 23 If the contents of the certification certificate are marked on the certified products and their sales packages, they shall conform to the contents of the certification certificate and conform to the relevant national regulations on product identification and labelling management.
　　     Article 24 In any of the following circumstances, the certification trustee shall apply to the certification authority for the change of the certification certificate, which shall be handled by the certification authority in accordance with different circumstances:
　　      (1) If a change in the naming method of a certified product results in a change in the name or model of the product or in the name or address of the producer or manufacturer of the certified product, the certificate shall be changed after verification by the certification authority;
　　      (2) Certified product type change, but does not involve changes in safety performance and internal structure of electromagnetic compatibility; or if the certified product reduces the same product type, the certification certificate shall be changed after confirmation by the certification authority;
　　      (3) If the key components, specifications and models of the certified products, as well as the design, structure, process and materials related to the safety or electromagnetic compatibility of the whole machine, or the production enterprises of raw materials, etc. are changed, the certification certificate shall be changed after the certification body has re-tested the products to be qualified;
　　      (4) Where the location of the licensed production enterprise or its quality assurance system or production conditions have changed, the certification certificate shall be changed after the certification authority has re-checked and passed the certification.
　　      (5) Other circumstances that should be changed.
　　     Article 25 If the certification client needs to expand the coverage of the certified products, he shall apply to the certification authority for the extension of the certification certificate. The certification authority shall verify the consistency of the extended products with the original certified products and confirm the validity of the original certification results for the extended products. After being confirmed to be qualified, the certification certificate may be issued separately or re-issued according to the requirements of the certification client.
　　      The certification authority may carry out product type test or factory inspection according to the requirements of the certification rules.
　　      Article 26 In any of the following circumstances, the certification authority shall cancel the certification certificate and publish it to the public:
　　      (1) When the validity period of the certification certificate expires, the certification client has not applied for the continuation of the use of the certification certificate;
　      (2) Certified products are no longer produced;
　　      (3) The certified product type has been listed in the catalogue of products that are explicitly eliminated or prohibited from production by the State;
　　      (4) where the certification client applies for cancellation;
(5) Other situations that should be cancelled according to law.
     Article 27 In any of the following circumstances, the certification authority shall suspend the certification certificate within the time limit specified in the certification rules and publish it to the public:
　      (1) if the certification basis or rules applicable to the product have changed and the product fails to meet the requirements of the change within the prescribed time limit;
(2) During the follow-up inspection, it was found that the certification client violated the certification rules and other provisions;
(3) refuse to accept follow-up inspection without justified reasons or find that the product can not meet the certification requirements continuously;
(4) where the certification client applies for suspension;
(5) Other circumstances that should be suspended according to law.
　     Article 28 In any of the following circumstances, the certification authority shall revoke the certificate and publish it to the public:
　　      (1) defective licensed products leading to quality and safety accidents;
(2) During the follow-up inspection, it was found that the certified products were inconsistent with the samples provided by the certification client;
(3) During the period of suspension of certification certificate, the certification client is still unqualified without taking corrective measures or after rectification;
(4) the certification client obtains the certificate by deception, bribery and other improper means;
(5) Other circumstances that should be revoked according to law.
     Article 29 Where the certificated product is cancelled, suspended or revoked, the certification authority shall determine the category and scope of the product that does not meet the certification requirements.
　　     Since the date of cancellation or revocation of certification certificates or the period of suspension of certification certificates, products that do not meet the requirements of certification shall not continue to be exported, sold, imported or used in other business activities.
　　      Article 30 The pattern of certification mark is composed of basic pattern and certification type labeling. The basic pattern is as follows:

In the basic pattern, "CCC" is the abbreviation of the English name "China Compulsory Certification" for "China Compulsory Certification".
　　     Article 31 On the right side of the basic pattern of the certification mark, the certification type is marked, which consists of abbreviations of English words representing the certification type of the product.
　　      The State Accreditation Regulatory Commission shall formulate specific requirements for the labeling of certification types in accordance with the requirements of compulsory product certification.
　　      Article 32 The certification client shall establish a management system for the use of certification marks, record and file the use of certification marks truthfully, and correctly use and label certification marks in products, packaging, advertising, product introduction and other publicity materials in accordance with the certification rules.
　　     Article 33 No unit or individual may forge, alter, falsify, buy, sell or transfer certificates and certification marks.

Chapter IV Supervision

Article 34 The State Accreditation Supervision Commission shall carry out annual supervision and inspection and special supervision and inspection at irregular intervals on the certification, inspection and testing activities of certification bodies, inspection institutions and laboratories.
Article 35 The certification authority shall communicate to the State Accreditation Supervision Commission and provincial local quality inspection bureaus the information of the certification client, the certificated products and their production enterprises, as well as the cancellation, suspension or revocation of the certification certificate.
Article 36 Under the unified plan of the General Administration of Quality Supervision and Inspection, the State Accreditation and Supervision Commission shall supervise and inspect the licensed products periodically or irregularly.
Producers, sellers, importers and users of licensed products shall not refuse supervision and inspection.
The State Accreditation and Supervision Commission establishes a system for publishing certified products and their producers, and publishes the results of supervision and inspection to the public.
Article 37 The two local quality inspection bureaus shall, in accordance with their respective responsibilities, supervise and inspect compulsory product certification activities in their respective areas and investigate and punish illegal acts.
If the products listed in the catalogue have not been certified, but have not yet been manufactured or sold, the two local quality inspection bureaus shall warn their production enterprises to conduct mandatory product certification in time.
Article 38 When the two local quality inspection bureaus conduct mandatory supervision and inspection of product certification, they may enter production and business premises for on-site inspection according to law, consult and duplicate relevant contracts, bills, account books and other information, seal up and seize unauthorized products or products that do not meet the certification requirements.
Article 39 If a producer or seller of a catalogued product finds that there are potential safety hazards in the products it produces or sells, which may cause harm to human health and life safety, he or she shall publish relevant information to the public, take the initiative to take remedial measures such as recalling the product, and report to the relevant supervisory and administrative departments in accordance with relevant regulations.
If the producers and sellers of catalogued products fail to fulfill the obligations stipulated in the preceding paragraph, the AQSIQ shall initiate the product recall procedure, order the producers to recall the products, and the sellers to stop selling the products.
Article 40 The entry-exit inspection and quarantine organ shall administer the entry verification of imported products listed in the catalogue, examine certification certificates, certification marks and other certification documents, and check whether the certificates are in conformity with each other. If the certification is not qualified, it shall be dealt with in accordance with relevant laws and regulations, and the imported products listed in the catalogue shall be subject to follow-up supervision.
Article 41 If an imported item listed in the catalogue meets one of the following circumstances, no compulsory product certification shall be required at the time of entry:
(1) Self-use articles of foreign embassies, consulates or international organizations stationed in China and their diplomats;
(2) Self-use articles of the official organs of the governments of Hong Kong and Macao Special Administrative Regions stationed on the mainland and their staff;
(3) Self-use articles brought by entry personnel from abroad;
(4) Goods donated or aided by foreign governments;
(5) Other situations where compulsory product certification is not required according to law.
　      Article 42 Under any of the following circumstances, producers, importers, sellers or their agents of catalogued products may apply to the local entry-exit inspection and quarantine authorities for exemption from compulsory product certification, submit relevant certification materials, liability guarantee certificates, product conformity statements (including type test reports) and other information, and carry out product testing as required. After obtaining the Certificate of Exemption from Mandatory Product Certification, it can be imported and used for declared purposes:
(1) Products needed for scientific research and testing;
(2) Parts and components needed for importing production lines to assess technology;
(3) Products required for direct end-user maintenance purposes;
(4) Equipment/components (excluding office supplies) necessary for factory production lines/complete sets of production lines;
(5) Products for commercial display only but not for sale;
(6) Products (including exhibits) that need to be returned after temporary import;
(7) Parts and components imported by general trade for the purpose of exporting the whole machine;
(8) Parts and components imported by means of feeding or incoming processing for the purpose of exporting the whole machine;
(9) Other cases where compulsory product certification is exempted for special purposes.
     Article 43 In any of the following circumstances, the State Accreditation and Supervision Commission shall order the certification authority, inspection institution or laboratory to stop operation and rectify. During the period of closure and rectification, it shall not engage in compulsory product certification, inspection and testing activities within the designated scope:
(1) Increasing, reducing, omitting or changing the procedures prescribed by the basic standards and rules of certification;
(2) failing to carry out effective follow-up investigation on the products certified by them, or finding that the products certified by them can not meet the requirements of certification continuously, failing to suspend or revoke the certificate in time and publish it;
(3) failing to make a complete record of the process of certification, inspection and detection, and keeping it on file with serious circumstances;
(4) Those who engage in certification, inspection and testing activities by using persons who have not obtained corresponding qualifications, if the circumstances are serious;
(5) failing to effectively examine the authenticity of the samples provided by the certification client;
(6) obstructing or interfering with the inspection and enforcement of certification and law by the regulatory authorities;
(7) Mandatory product certification for products not included in the catalogue;
(8) Other violations of laws and regulations.
     Article 44 In any of the following circumstances, the State Accreditation and Supervision Commission may revoke the designation of certification bodies, inspection bodies and laboratories at the request of interested parties or in accordance with its functions and powers:
(1) staff members abuse their powers and neglect their duties to make appointed decisions;
(2) to make a designated decision beyond the statutory authority;
(3) making a designated decision in violation of legal procedures;
(4) To approve the designation of certification bodies, inspection bodies and laboratories that do not have the designated qualifications;
(5) Other circumstances in which the appointment decision may be revoked according to law.
Article 45 Where an accreditation institution, an inspection institution or a laboratory is designated by deception, bribery or other improper means, the State Accreditation and Supervision Commission shall revoke the appointment and make it public.
Certification bodies, inspection institutions or laboratories shall not apply for designation again within three years from the date of revocation of designation.
Article 46 Personnel engaged in compulsory product certification activities who produce false or false conclusions and fabricate false or false documents or records shall be disqualified; within five years from the date of revocation, the certification personnel registration institution of the China Accreditation and Accreditation Association shall no longer accept their application for registration.
Article 47 If a certification trustee has objections to the certification decision of the certification body, he may appeal to the certification body. If he still has objections to the results of the certification body, he may appeal to the State Accreditation Supervision Commission.
Article 48 Any unit or individual shall have the right to report to the General Administration of Quality Supervision and Inspection, the State Accreditation and Supervision Commission or the Local Bureau of Quality Inspection any violation of laws and regulations in the compulsory product certification activities. The General Administration of Quality Inspection and Inspection, the State Accreditation and Supervision Commission or the Local Bureau of Quality Inspection shall promptly investigate and handle such violations and keep the informants confidential.

Chapter V Penalties

Article 49 Where products listed in the catalogue have not been certified and are discharged, sold, imported or used in other business activities without authorization, the two local quality inspection bureaus shall impose penalties in accordance with Article 67 of the Regulations on Certification and Accreditation.
Article 50 If a catalogued product fails to engage in production and business activities or produces or sells products that do not meet the legal requirements after being certified, the two local quality inspection bureaus shall deal with them in accordance with the provisions of Article 2 and Paragraph 2 of Article 3 of the Special Provisions of the State Council on Strengthening the Safety Supervision and Administration of Food and Other Products.
Article 51 Where, in violation of the provisions of paragraph 2 of Article 29 of these Provisions, during the period of cancellation, revocation or suspension of certification certificates, products that do not meet the requirements of certification continue to be exported, sold, imported or used in other business activities, the two local quality inspection bureaus shall impose penalties in accordance with Article 67 of the Regulations on Certification and Accreditation.
Article 52 Where, in violation of the provisions of Article 42 of these Provisions, false materials are fabricated to defraud the products from the Mandatory Product Certification Certificate or the products from the Mandatory Product Certification Certification Certificate are not used for the original declared purposes, the entry-exit inspection and quarantine organ shall order them to make corrections, revoke the Mandatory Product Certification Certificate and accept the products in accordance with the certification. Article 67 of the Regulations provides for punishment.
    Article 53 Whoever forges, alters, rents, lends, fraudulently uses, sells or transfers certificates of certification shall be ordered by the two local quality inspection bureaus to make corrections and imposed a fine of 30,000 yuan.
If a certification mark is transferred or resold, the two local quality inspection bureaus shall order it to make corrections and impose a fine of less than 30,000 yuan.
    Article 54 In any of the following circumstances, the local quality inspection bureaus shall order them to make corrections and impose a fine of less than 30,000 yuan:
　      (1) In violation of the first paragraph of Article 13 of these Provisions, the samples provided by the certification client are inconsistent with the products actually produced;
(2) In violation of the provisions of Article 24 of these Provisions, failing to apply for the change of certification certificate to the certification authority in accordance with the provisions, the products listed in the catalogue shall be discharged, sold, imported or used in other business activities without authorization;
(3) In violation of the provisions of Article 25 of these Provisions, failing to apply to the certification authority for the extension of the certification certificate in accordance with the provisions, the products listed in the catalogue are discharged, sold, imported or used in other business activities without authorization.
     Article 55 In any of the following circumstances, the local quality inspection bureaus shall order them to make corrections within a time limit. If they fail to make corrections within the time limit, they shall be fined not more than 20,000 yuan.
　      (1) In violation of Article 23 of these Provisions, the contents of the certification certificate marked on the certified products and their sales packages are inconsistent with those of the certification certificate;
(2) Failure to use certification marks in accordance with the provisions of Article 32 of these Provisions.
     Article 56 Where a certification authority, an inspection institution or a laboratory has issued false conclusions or seriously falsified conclusions, the State Accreditation Supervision Commission shall revoke its appointment; the competent persons directly responsible and those directly responsible shall revoke their corresponding qualifications for employment; if a crime is constituted, criminal liability shall be investigated in accordance with the law; if losses are caused, the State Accreditation Supervision Commission shall bear the corresponding liability for compensation.
　　      Article 57 In any of the following circumstances, the State Accreditation Supervision Commission shall order the accreditation authority, inspection institution or laboratory to make corrections. If the circumstances are serious, the designation of the Accreditation Authority shall be revoked until the approval document of the Accreditation Authority is revoked.
　      (1) To engage in certification of catalogued products and inspection activities related to certification beyond the designated scope of business;
(2) Transfer of designated certification services;
(3) to continue to engage in compulsory product certification, inspection and testing activities within the designated scope during the period of closure and reorganization;
(4) After the period of closure and rectification has expired, it still fails to meet the requirements of rectification after inspection.
     Article 58 Where the State Accreditation Supervision Commission and the Local Bureau of Quality Inspection and their staff abuse their powers, engage in malpractices for personal gain or neglect their duties, administrative sanctions shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
　      Article 59 Other illegal acts in compulsory product certification activities shall be punished in accordance with relevant laws and administrative regulations.

Chapter VI Supplementary articles

Article 60 Compulsory product certification shall collect fees in accordance with the relevant provisions of the State.
　　      Article 61 The State Administration of Quality Supervision and Inspection shall be responsible for the interpretation of these Provisions.
　      Article 62 These Provisions shall come into force as of September 1, 2009. The Regulations on Mandatory Product Certification Administration promulgated by the State Administration of Quality Supervision and Inspection on December 3, 2001 shall be repealed at the same time.