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2022-08-08
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The regulations on the administration of compulsory product certification will be implemented soon

the regulations on the administration of compulsory product certification will be implemented soon

August 10, 2009

[China paint information] the General Administration of quality supervision, inspection and Quarantine recently announced that the regulations on the administration of compulsory product certification will be implemented from September 1, 2009

Chapter I General Provisions

Article 1 in order to regulate compulsory product certification, improve the effectiveness of certification, and safeguard national, social and public interests, these Provisions are formulated 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 laws, administrative regulations, and relevant national regulations

Article 2 in order to protect national security, prevent fraud, protect human health or safety, protect animal and plant life or health, and protect the environment, relevant products stipulated by the state must be certified (hereinafter referred to as compulsory product certification) and marked with certification marks before they can be delivered, sold, imported, or used in other business activities

Article 3 the General Administration of quality supervision, inspection and Quarantine (hereinafter referred to as AQSIQ) is in charge of the national compulsory product certification

the national certification and Accreditation Administration (hereinafter referred to as the national certification and Accreditation Administration) is responsible for the organization, implementation, supervision, management and comprehensive coordination of the national compulsory product certification

local quality and technical supervision departments at all levels and local entry-exit inspection and quarantine institutions (hereinafter referred to as the local quality inspection and quarantine bureaus) are responsible for the supervision, management, law enforcement and investigation of compulsory product certification activities within their jurisdiction according to their respective responsibilities

Article 4 for products subject to compulsory product certification, the State shall unify the product catalogue (hereinafter referred to as the catalogue), the compulsory requirements, standards and conformity assessment procedures of technical specifications, the certification marks and the charging standards

AQSIQ and CNCA, together with relevant departments of the State Council, formulate and adjust the catalogue, which is jointly issued by AQSIQ and CNCA and implemented jointly with relevant parties

Article 5 the State encourages the international mutual recognition of compulsory product certification on an equal and mutually beneficial basis. The mutual recognition activities shall be carried out within the framework of the international mutual recognition agreement signed by the General Administration of quality supervision, inspection and Quarantine of the people's Republic of China, the national certification and Accreditation Administration of the people's Republic of China or its authorized relevant departments

Article 6 institutions and their personnel engaged in compulsory product certification activities shall have the obligation to keep confidential the trade secrets, production technology, process and other technical secrets and information they know in their business activities

Chapter II Certification Implementation

Article 7 the basic specifications for compulsory product certification are formulated and issued by the General Administration of quality supervision, inspection and Quarantine of the people's Republic of China and the national certification and Accreditation Administration of the people's Republic of China, and the compulsory product certification rules (hereinafter referred to as the certification rules) are formulated and issued by the national certification and Accreditation Administration of the people's Republic of China

Article 8 compulsory product certification shall apply to the following single certification mode or a combination of multiple certification modes, including:

(1) design appraisal

(II) type test

(3) take samples from the production site for testing or inspection

(4) market sampling inspection or inspection

(V) enterprise quality assurance capability and product consistency inspection

(VI) follow up examination after obtaining the certificate

the product certification mode should be determined in accordance with the principles of science and convenience on the basis of the performance of the product and on the basis of the comprehensive factors such as the possible degree of harm involved in public safety, human health and the environment, the life cycle of the product, the risk status of production and imported products

Article 9 certification rules should include the following:

(I) applicable product scope

(II) mandatory requirements of national standards, industrial standards and national technical specifications corresponding to applicable products

(III) authentication mode

(4) principles or provisions for the division of application units

(V) sampling and sample delivery requirements

(VI) confirmation requirements for key components or raw materials (when necessary)

(VII) requirements of testing standards (when necessary)

(VIII) requirements for factory inspection

(IX) requirements for follow-up inspection after obtaining certificates

(x) requirements for the validity period of the certification certificate

(XI) requirements for the certification mark of certified products

(XII) other provisions

Article 10 the producers, sellers and importers of products listed in the catalogue (hereinafter referred to as certification clients) shall entrust the certification authority designated by the CNCA (hereinafter referred to as certification authority) to certify the products they produce, sell or import

if other enterprises are entrusted to produce products listed in the catalogue, the entrusting enterprise or the entrusted enterprise can 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 and importer act as the certification principal, they should also provide the certification authority with copies of the relevant contracts concluded between the seller and the producer or between the importer and the producer

if another enterprise is entrusted to produce the products listed in the catalogue, the certification client shall also provide the certification authority with a copy of the relevant contract concluded between the entrusting enterprise and the entrusted enterprise

Article 12 after accepting the Certification Commission, the certification authority shall arrange product type tests and factory inspections in accordance with the specific product certification rules

Article 13 the certification client shall ensure that the samples provided by it are consistent with the products actually produced, and the certification authority shall examine the authenticity of the samples provided by the certification client

the certification authority shall, in accordance with the requirements of the certification rules and according to the characteristics and actual situation of the products, entrust the laboratory designated by the national certification and Accreditation Administration (hereinafter referred to as the laboratory) to carry out the product type test on the samples by means of sampling such as the samples sent by the certification client, on-site sampling or the samples sent by the certification client after the on-site sealing

Article 14 when conducting product type tests on samples, the laboratory shall ensure the authenticity and accuracy of the test conclusions, make complete records of the whole test process, archive and retain them, ensure that the records of the test process and results are traceable, and cooperate with the certification authority to carry out effective tracking and inspection of the certified products

the laboratory and its relevant personnel shall be responsible for the content of the test report and the test conclusion made by them. If there is any doubt about the authenticity of the sample, they shall explain the situation to the certification authority and deal with it accordingly

Article 15 Where factory inspection is required, the certification authority shall appoint a compulsory product certification inspector with national registration qualification to inspect the quality assurance ability of the product manufacturer and the consistency of the produced products with the type test samples in accordance with the specific product certification rules

certification bodies and their compulsory product certification inspectors shall be responsible for the inspection conclusions

Article 16 after the certification authority completes the product type test and factory inspection, if it meets the certification requirements, it will generally issue the certification certificate to the certification client within 90 days from accepting the Certification Commission

if it does not meet the certification requirements, it shall notify the certification client in writing and explain the reasons

the model certification authority with the maximum model selection of 5 tons and its relevant personnel shall be responsible for the certification conclusion made by it

Article 17 the certification authority shall carry out classification management and effective follow-up inspection on the certified products and their production enterprises through on-site product testing or inspection, market product sampling testing or inspection, quality assurance ability inspection, etc., to control and verify the consistency between the certified products and the type test samples, and the quality assurance ability of the production enterprises continue to meet the certification requirements

Article 18 the certification body shall make complete records of the whole process of follow-up inspection, archive and keep them, and ensure the traceability of the certification process and results

for those who cannot continuously meet the certification requirements, the certification authority shall, according to the corresponding circumstances, suspend or revoke the certification certificate and publish it

Article 19 the certification authority shall, in accordance with the provisions of the certification rules, carry out the classification management of the follow-up inspection of the certified products and their production enterprises according to the safety grade of the certified products, the stability of the product quality, the good and bad records of the product production enterprises and other factors, and determine the reasonable follow-up inspection frequency

Chapter III certification certificate and certification mark

Article 20 the national certification and Accreditation Administration uniformly stipulates the format and content of compulsory product certification certificate (hereinafter referred to as certification certificate) and the style and type of compulsory product certification mark (hereinafter referred to as certification mark)

Article 21 the certification certificate shall include the following basic contents:

(1) the name and address of the certification client

(2) the name and address of the product producer (manufacturer)

(III) name and address of the entrusted production enterprise (when necessary)

(4) product name, product series, specification and model

(V) certification basis

(VI) authentication mode (when required)

(VII) date of issuance and term of validity

(VIII) issuing authority

(IX) certificate number

(x) other contents that need to be marked

Article 22 the certificate is valid for 5 years

the certification authority shall indicate the inquiry address and the effective status of the annual inspection on the certification certificate according to its follow-up inspection of the certified products and their manufacturing enterprises

if the certification certificate needs to be used continuously after its expiration, the certification client shall apply for it within 90 days before the expiration of the certification certificate

Article 23 the contents contained in the certification certificate shall be consistent with the contents of the certification certificate and comply with the relevant national regulations on the management of product labeling

Article 24 in any of the following circumstances, the certification client shall apply to the certification authority for the change of the certification certificate, which shall be handled accordingly according to different circumstances:

(1) if the change of the naming method of the certified product leads to the change of the product name and model, or the change of the name and address of the producer and manufacturer of the certified product, the certification certificate shall be changed after verification by the certification authority

(II) the model of the certified product is changed, but it does not involve changes in safety performance and internal structure of electromagnetic compatibility; Or if the certified products are reduced to the same product model, 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 of the whole machine or electromagnetic compatibility, or the raw material production enterprise, etc. are changed, the certification certificate shall be changed after the re inspection by the certification authority

(4) if the location of the manufacturer of the certified product or its quality assurance system, production conditions, etc. are changed, the certification certificate shall be changed after the certification body re inspects the factory to be qualified

(V) other circumstances that should be changed

Article 25 If the certification client needs to expand the coverage of its certified products, it shall apply to the certification authority for the extension of the certification certificate. The certification authority shall check the consistency of the extended products with the original certified products and confirm the effectiveness of the original certification results on the extended products. After confirmation, the certification certificate can be issued separately or re issued according to the requirements of the certification client

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