Administrative Regulations for Compulsory Product Certification
Administrative Regulations for Compulsory Product Certification
Administrative Regulations for Compulsory Product Certification
No. 117 of the General Administration of Quality Supervision, Inspection and Quarantine
July 3, 2009
Administrative Regulations for Compulsory Product Certification was deliberated and adopted on May 26, 2009 by the Bureau Affairs Meeting of General Administration of Quality Supervision, Inspection and Quarantine, and is hereby promulgated and shall be implemented as of September 1, 2009.
Chapter I General Provisions
Article 1 To standardize compulsory product certification, improve the validity of certification and maintain national, social and public interests, these Administrative Regulations is formulated hereby in accordance with the Regulations of the People's Republic of China on Certification and Accreditation (hereinafter referred to as the Regulations on Certification and Accreditation) and other relevant laws, administrative regulations and relevant national provisions.
Article 2 To protect national security, prevent fraud, protect human health or safety, safeguard animal and plant life or health, and protect environment, products specified by the state may not be delivered, sold, imported or used in other business activities until they are certified (hereinafter referred to as compulsory product certification), and labeled with certification mark.
Article 3 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) is in charge of compulsory product certification nationwide.
The Certification and Accreditation Administration (hereinafter referred to as CNCA) is responsible for the organization, implementation, supervision, management and coordination of compulsory product certification nationwide.
Local quality and technical supervision authorities at all levels and local entry-exit inspection and quarantine authorities (hereinafter referred to as local quality supervision and inspection authorities) are responsible for the supervision, management, enforcement and investigation of compulsory product certification activities in their respective jurisdictions according to their respective duties and pursuant to laws.
Article 4 For products that are subject to compulsory product certification, the state implements unified product catalogs (hereinafter referred to as catalogs), unified compulsory requirements, standards and compliance assessment procedures in technical specification, unified certification marks and unified charging standards.
The catalogs are prepared and adjusted by AQSIQ and CNCA in conjunction with relevant departments under the State Council, and issued jointly by AQSIQ and CNCA and implemented by them in junction with other related authorities.
Article 5 The state shall encourage international mutual recognition of compulsory product certification on the basis of equality and mutual benefit, which shall be carried out to the extent specified by international mutual certification agreements signed by and between AQSIQ or CNCA or any of their authorized departments and foreign parties.
Article 6 Agencies and their personnel engaged in compulsory product certification, shall be liable for keeping confidential trade secrets, production technologies, processes, know-how and information acquired by them from such certification.
Chapter II Implementation of Certification
Article 7 Basic standards for compulsory product certification are developed and released by AQSIQ and CNCA, while rules for compulsory product certification (hereinafter referred to as certification rules) are developed and released by CNCA.
Article 8 Compulsory product certification shall apply one or more certification modes hereunder:
1. Design certification;
2. Type test;
3. Taking samples from production site for test or inspection;
4. Taking samples from the market for test or inspection;
5. Enterprise quality assurance capability and product consistency check;
6. Tracking and inspection after being certified.
Product certification modes shall be determined scientifically and conveniently based on product performance, extent of harm on public safety, human health and environment, product life cycle, production and risks of product import.
Article 9 Certification rules shall include the following contents:
1. Applicable range of products;
2. Corresponding compulsory requirements of national standards, industrial standards and national technical specifications applicable to products;
3. Certification mode;
4. Applied unit division principles or regulations;
5. Requirements for taking and delivering samples;
6. Requirement for identifying key components or raw materials (if required);
7. Requirements for test standards (if required);
8. Requirements for factory inspection;
9. Requirements for tracking and inspection after being certified;
10. Requirements for period of validity of certificates;
11. Requirements for labeling certified products with certification marks; and
12. Other provisions.
Article 10 Producers or sellers or importers of products included in the catalogs (hereinafter collectively referred to as certification clients) shall entrust certification authorities designated by CNCA (hereinafter referred to as certification authorities) to certify the products produced, sold or imported thereby.
When other companies are entrusted to produce products included in the catalogs, either such companies or the clients may entrust certification authorities for certification.
Article 11 Certification clients shall provide relevant technical documents to certification authorities as required in certification rules for specific product.
When sellers and importers serve as certification clients, they shall also provide certification authorities with copies of relevant contracts signed by them and producers.
Where other companies are entrusted to produce products included in the catalogs, certification clients shall also provide certification authorities with copies of relevant contracts signed by such companies and the clients.
Article 12 After certification authorities accept certification entrustment, they shall arrange product type test and factory inspection as required in certification rules for specific product.
Article 13 Certification clients shall ensure that samples provided are consistent with products actually produced thereby, and certification authorities shall review the authenticity of such samples provided by certification clients.
Certification authorities shall accept samples sent by certification clients, or take samples on the site, or receive samples that are sealed on the site by themselves and then sent by certification clients based on product characteristics and practical situation as required in certification rules, and entrust laboratories designated by CNCA (hereinafter referred to as laboratories) to carry out type tests on samples.
Article 14 When laboratories carry out type tests on samples, they shall ensure the authenticity and accuracy of test conclusions, and make and file complete records of the entire process of such tests to ensure the traceability of records of testing process and results and assist certification authorities in effectively tracking and inspecting certified products.
Laboratories and their personnel concerned shall be responsible for contents of test reports and test conclusions, and give explanations to certification authorities and make treatment accordingly in case that the authenticity of samples is doubtful.
Article 15 Where factory inspection is required, certification authorities shall appoint inspectors qualified with national registration for compulsory product certification, to check quality assurance capabilities of product manufacturers, the consistency of manufactured products and samples for type tests, etc., as required in certification rules for specific product.
Certification authorities and their inspectors for compulsory product certification shall be liable for inspection findings.
Article 16 Upon completion of product type tests and factory inspection, in case of the compliance with certification requirements, generally certification authorities shall issue certificates to certification clients within 90 days upon the accepting of certification entrustment.
In case of failure to comply with certification requirements, they shall notify certification clients in writing of the reasons thereof.
Certification authorities and their personnel concerned shall be responsible for certification conclusions.
Article 17 Certification authorities shall classify for management and effectively track and inspect certified products and manufacturers thereof by testing or inspecting on-site products, testing or inspecting samples from market products, and checking quality assurance capabilities, etc., so as to control and verify the consistency of certified products and samples for type tests and continuous compliance of quality assurance capabilities of manufacturers with certification requirements.
Article 18 Certification authorities shall make and file complete records of the entire process of tracking and inspection, to ensure the traceability of certification process and conclusions.
In case of the failure to continuously comply with certification requirements, certification authorities shall suspend or revoke certificates, and announce it to the public as the case may be.
Article 19 Certification authorities shall classify for management tracking and inspection of certified products and manufacturers thereof to determine reasonable frequency of tracking and inspection as required in certification rules, based on security level and product quality stability of certified products, and good and bad records of product manufacturers.
Chapter III Certificates and Certification Marks
Article 20 CNCA applies unified format and contents of certificates for compulsory product certification (hereinafter referred to as certificates) and style and type of compulsory product certification marks (hereinafter referred to as certification marks).
Article 21 Certificates shall include basic elements as follows:
1.
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