Regulations for the Implementation of the Law of the People's Re-public of China on Import and Export Commodity Inspection
Regulations for the Implementation of the Law of the People's Re-public of China on Import and Export Commodity Inspection
(Approved by the State Council on October 7, 1992 Promulgated bythe State Administration of Import and Export Commodity Inspection onOctober 23, 1992)
Whole Doc.
Chapter 1 General Provisions
Article 1
These Regulations are formulated in the light of the Law of the
People's Republic of China on Import and Export Commodity Inspection
(hereinafter referred to as the Law of Commodity Inspection).
Article 2
The State Administration of Import and Export Commodity Inspection of
the People's Republic of China (hereinafter referred to as the State
Administration of Commodity Inspection) shall be in charge of the
inspection work of import and export commodities across the country.
Article 3
The import and export commodity inspection bureaus and their branches
(hereinafter referred to as the commodity inspection authorities) set up
by the State Administration of Commodity Inspection in the provinces,
autonomous regions and municipalities directly under the Central
Government, as well as at ports and concentrating and distribution centers
of import and export commodities in the regions under their jurisdiction.
The commodity inspection authorities are held responsible for inspection
and surveying of the import and export commodities, administration and
supervision over the quality and inspection work of import and export
commodities.
Article 4
In the light of the need in the development of foreign trade, the
State Administration of Commodity Inspection shall work out, adjust and
publish a "List of Import and Export Commodities Subject to Compulsory
Inspection Enforced by the Commodity Inspection Authorities" (hereinafter
referred to as the List of Commodities) for those commodities which
involve public interest.
Article 5
The compulsory inspection on imports and exports by the commodity
inspection authorities or inspections agencies designated by the State
Administration of Commodity Inspection or commodity inspection authorities
covers:
(1) inspection of import and export commodities included in the List
of Commodities;
(2) sanitary inspection on the foods for export;
(3) testing and inspection on the performance and employment of the
packages a nd containers for the outbound dangerous goods;
(4) suitability inspection on the vessels' holds, containers and
other means of transportation for carrying the outbound perishable foods
and frozen goods;
(5) inspection of imports and exports to be conducted by the
commodity inspection authorities according to relevant international
treaties; and
(6) inspection of imports and exports to be carried out by the
commodity inspection authorities as stipulated in other laws and
administrative rules and regulations.
Article 6
Sanitary inspection of imported and exported medicine, calibration of
weighing and measuring instruments, supervision and inspection on the
safety of imported and exported boilers and pressure vessels, survey of
the ships (including offshore platform, main equipment and materials for
the ships) and containers in the light of relevant rules and regulations,
inspection on flight safety and fitness of the aeroplanes (including the
plane's engine and equipment) and safety inspection on nuclear equipment
are to be undertaken by other inspection organizations according to the
provisions of relevant laws and administrative rules and regulations.
Article 7
The commodity inspection authorities may conduct random inspection of
and exercise supervision and control over the import and export
commodities other than those subject to compulsory inspection. With regard
to the import and export commodities other than those subject to
compulsory inspection for which the commodity inspection authorities shall
issue inspection certificates as provided for in the foreign trade
contract or as applied for by the receivers and consignors of the
commodities, the commodity inspection authorities shall undertake
inspection accordingly.
Article 8
Samples of imports and exports, gifts, non- trade exhibits and other
non-trade goods may be exempted from inspection, unless otherwise
stipulated by the State or specified in the foreign trade contract.
Those import and export commodity inspection authorities, or having
been certified with regard to their quality by relevant foreign agencies
accredited by the State Administration of Commodity Inspection may be
exempted from inspection upon application by the receivers, consignors or
manufacturers of the goods and subject to the approval of the State
Administration of Commodity Inspection.
The specific provision for the exemption of import and export
commodities from inspection shall be worked out by the State
Administration of Commodity Inspection.
Article 9
The inspection on import and export commodities by the commodity
inspection authorities covers quality, specifications, quantity, weigh,
packages, as well as safety and sanitation requirement.
Article 10
The commodity inspection authorities shall conduct inspection on the
import and export commodities according to the following standards or
practices:
(1) the compulsory standards as specified by laws or administrative
rules and regulations or other inspection standards which must be complied
with;
(2) in the absence of the compulsory standards or other inspection
standards which must be complied with as stated in the preceding
paragraph, the import and export commodities shall be inspected according
to the standards stipulated in the foreign trade contracts. If the trade
is conducted according to the sample, the inspection shall be performed
according to the sample provided in addition to other provisions of the
contract;
(3) in case the requirements of the compulsory standards or other
inspection standards that must be complied with as stated in Paragraph 1
are lower than those of the standards stipulated in the foreign trade
contract, the inspection shall be conducted according to the latter. If
the trade is conducted according to the sample, the inspection shall be
performed according to the sample provided in addition to other provisions
of the contract; and
(4) in the absence of compulsory standards or other inspection
standards that must be complied with as stated in Paragraph 1, and in case
inspection standards are either absent or not clearly stipulated in the
contract, the inspection shall be conducted according to the standards of
the producing country, or relevant international standards of the
standards designated by the State Administration of Commodity Inspection.
Article 11
Based on the need of foreign trade and inspection work, the State
Administration of Commodity Inspection may formulate its specialized
standards for the inspection of import and export commodities.
Article 12
The inspection personnel of the commodity inspection authorities
should obtain official credentials based on the qualification test before
they are allowed to undertake inspection assignments.
While performing their duties according to law, the inspection
personnel shall not be interfered with or obstructed without
justification.
Chapter 2 Inspection of Import Commodities
Article 13
For import commodities subject to compulsory inspection, the
receivers must make registration for the import commodities with the
commodity inspection authorities located at the port of discharge or the
station of arrival. The commodities shall be checked and released by the
customs authorities upon presentation of the seals of the commodity
inspection authorities affixed on the customs declaration.
Article 14
For the import commodities of which the inspection sites are
prescribed in the foreign trade contracts or shipping documents, the
inspection shall be conducted at the said sites; In the absence of such
prescription, the inspection shall be conducted at the port of discharge
or the station of arrival or at the sites designated by the commodity
inspection authorities.
For large-sized commodities in bulk, and perishable goods and the
commodities found damaged or deficient in quantity weight during
discharge, the inspection shall be performed at the port of discharge or
station of arrival.
For the complete sets of equipment, machinery, electrical equipment
and meters and instruments of which inspection must go along with their
installations and trial performance and for the commodities whose
repacking is impractical after opening up for inspection, the inspection
may be conducted at the sites of the receivers.
Article 15
For the import commodities subject to compulsory inspection, the
receivers, having made the registration, must apply to the commodity
inspection authorities for inspection by presenting the contract, invoice,
packing list, bill of lading and other necessary documents at the
inspection site within the time limit specified and the commodity
inspection authorities shall conduct inspection or organize the
departments concerned to carry out inspection. Those that have not
undergone inspection are not permitted to be marketed or otherwise put to
use.
For the import commodities other than those subject to compulsory
inspection which, however, shall be inspected by the commodity inspection
authorities as provided for in the foreign trade contract, the procedures
of application for inspection shall be followed as stipulated in the
preceding paragraph.
Article 16
For the import commodities which already have been applied for
inspection, the commodity inspection authorities shall complete the
inspection within the valid time limit of claim. For those found up to
standard, reports shall be issued about the results of inspection; for
those found substandard or for those subject to certification in order to
settle the account according to the foreign trade contract, the inspection
certificates should be issued respectively.
Article 17
The import commodities that are found not in compliance with the
compulsory standards stipulated by laws and administrative rules or other
standards that must be complied with through inspection by the commodity
inspection authorities shall undergo technical treatment under the
supervision of the commodity inspection authorities; only those proved up
to standard through reinspection are permitted to be marked or otherwise
put to use. As for those which cannot undergo technical treatment or those
found still not up to standard through re-inspection even after technical
treatment, the commodity inspection authorities shall instruct the
receivers to return or destroy the commodities.
Article 18
For complete sets of equipment and their parts found substandard
through inspection, the commodity inspection authorities shall issue
notices to prohibit their installation and operation. Permission of their
installation and operation is to be granted only to those found up to
standard through re-inspection by the commodity inspection authorities
after technical treatment.
Article 19
Upon the arrival of import mobile vehicles, the receivers should
procure the license-plates from the traffic control office on the strength
of the inspection- certificate for the import vehicles issued by the
commodity inspection authorities, and provide the commodity inspection
authorities with the vehicle's condition report 30 days prior to the
expiration of the validity date of quality warranty.
Article 20
As to the import commodities other than those subject to compulsory
inspection by the commodity inspection authorities, the receivers shall
receive the commodity through their own inspection as stipulated in the
contract. The commodity inspection authorities are entitled to conduct
random and check-up inspection and to supervise the inspection-receiving
procedures of the receivers. In case the commodities are found substandard
through inspection, for which a claim is to be lodged on the strength of
the inspection certificate, the receivers shall apply in time to the
commodity inspection authorities at the locality for inspection and
certification.
Article 21
For the import commodities found substandard through inspection or
random/check-up inspection by the commodity inspection authorities and
with a claim already lodged for compensation, a sufficient quantity of the
goods or samples should be retained by the receivers provided that the
commodities are not to be replaced by or returned to the foreign party;
and the commodities intended for replacement by or return to the foreign
party must be kept intact until the settlement of the case.
Article 22
If the import commodities are found damaged or short in
quantity/weight during discharge at the port for which a claim for
compensation is to be lodged, the receivers should apply in time to the
commodity inspection authorities at the port for inspection and
certification. The unloading unit should discharge and store damaged goods
separately.
Article 23
For those important import commodities and large-sized complete sets
of equipment involving the vital interest of the State and the people, or
of fairly high value and technical sophistication, the receivers shall
stipulate in the foreign trade contracts that the initial inspection be
conducted and the manufacturing or loading in the exporting countries be
supervised before shipment; and in addition, the right of final inspection
after the arrival of goods and the right for lodging a claim should also
be reserved and provided for in the clauses of the contract. Thus the
receivers shall carry out the initial inspection and supervision over the
manufacturing and loading as agreed upon stipulated in the contracts.
The competent authorities of the receivers shall strengthen
supervision over the initial inspection and supervision of manufacturing
and loading of imported commodities before shipment. The commodity
inspection authorities, when deemed necessary, may dispatch inspection
personnel or make arrangement to take part in the initial inspection and
supervision over manufacturing and loading.
Chapter 3 Inspection of Export Commodities
Article 24
For export commodities subject to compulsory inspection according to
laws and administrative rules and regulations, the consignors shall apply
to the commodity inspection authorities for inspection by presenting the
contract and other relevant documents at the site and within the time
limit specified by the commodity inspection authorities. The commodity
inspection authorities shall conduct inspection or organize the
departments concerned to carry out inspection.
For export commodities that are not subject to compulsory inspection,
but subject to inspection by the commodity inspection authorities as
stipulated in the foreign trade contract, the procedures of application
and inspection shall be followed accordingly as stipulated in the
preceding paragraph.
Article 25
For the export commodities already applied for inspection, the
commodity inspection authorities shall complete the inspection within the
time limit of not delaying the shipment. For those found up to standard
through inspection, inspection certificates or releasing notices shall be
issued as specified or seals for releasing shall be affixed on the customs
declaration.
With regard to the export commodities to be inspected at the
production site for which however, certification at the outbound port is
required, the commodity inspection authorities at the production site
shall issue vouchers for shifting the site of certification as specified.
The consignors shall apply to the commodity inspection authorities at the
port for check-up inspection within the time limit specified. For those
checked to be up to standard through inspection, the commodity inspection
authorities at the port shall issue inspection certificates or releasing
notices or affix releasing seals on the customs declaration.
Article 26
For export commodities other than those subject to compulsory
inspection, the commodity inspection authorities may carry out random
inspection at regular or irregular intervals on the basis of the
inspection of manufacturers and trade departments.
Article 27
For the export commodities judged up to standard by the commodity
inspection authorities, the consignors shall apply for export within 60
days from the date of issuance of the inspection certificates or releasing
notices; for the fresh and live export goods, the consignors shall apply
for export within the time limit for export, otherwise, the consignors
must apply to the commodity inspection authorities for re-inspection.
Article 28
Enterprises manufacturing packages or containers for dangerous goods
for export must apply to the commodity inspection authorities for
performance testing of the packages and containers. Only those packages
and containers meeting the requirements through testing by the commodity
inspection authorities with consequent testing certificates procured shall
be permitted for carrying the dangerous goods.
Enterprises producing dangerous goods for export must apply to the
commodity inspection authorities for the testing of the employment of the
packages and containers. Only those packages and containers for dangerous
goods meeting the requirements through testing by the commodity inspection
authorities with consequent testing certificates procured shall be
permitted to be employed for carrying and shipping the dangerous goods.
Article 29
For the vessels' holds, containers and other shipping facilities for
carrying perishable foods for export and frozen goods, the carriers and
stuffing units or their agents must, before shipment, apply to the
commodity inspection authorities for inspector on fitness for carrying the
goods in respect to conditions like cleanliness, sanitation, freezing
efficiency, and sealing and tightness, etc.. Only those found up to the
requirements with certificates procured shall be allowed for shipment.
Article 30
Export commodities subject to compulsory inspection according to laws
and administrative rules and regulations shall be released by the customs
upon presentation of the certificates, notices or the releasing seals
affixed on the customs declarations as prescribed in Articles 25, 28 and
19.
Article 31
No commodities for export that are found substandard through
inspection, check-up inspection or random inspection by the commodity
inspection authorities shall be permitted for export.
Chapter 4 Survey of Import and Export Commodities
Article 32
The commodity inspection authorities, and the inspection agencies
designated by the State Administration of Commodity Inspection and the
commodity inspection authorities and other inspection agencies approved by
the State Administration of Commodity Inspection may accept the
entrustment of the foreign trade parties, relevant parties at home and
abroad or foreign inspection agencies for surveying services of import and
export commodities within the specified scope and they may issue
certificates of survey.
Article 33
The surveying services of import and export commodities include:
(1) quality inspection, quantity and weight survey, packaging survey
and evalu ation of Dwight tonnage of import and export commodities;
(2) supervision over loading/unloading of import or export
commodities;
(3) stowage survey, damage and cargo damage survey of import or
export commodi ties and inspection of cargo in respect to
general/particular average;
(4) inspection on the fitness of vessels, wagons, vehicles,
aeroplanes and containers etc. for the shipping of export commodities;
(5) sealing of the vessels' holds/tanks, hatch survey and ullage
measurement for the shipping of import and export commodities;
(6) survey of containers and containerized goods;
(7) estimation and determination of the value, classification,
quality, quantity and loss of the assets invested by the foreign business
bodies relevant to import and export commodities;
(8) drawing and sealing of various kinds of samples;
(9) issuance of certificates of value and other surveying and
inspection certi ficates; and
(10) other surveying services for import and export commodities.
Article 34
Upon the application of foreign trade parties, the commodity
inspection authorities may undertake issuance of certificates of origin in
connection with the General System of Preference (G. S. P.) and general
certificates or origin according to relevant laws and administrative rules
and regulations.
Article 35
When foreign trade parties intend to apply to the commodity
inspection authorities for survey services, they should provided the
contract, letter of credit and other necessary documents.
Chapter 5 Supervision and Administration
Article 36
The State Administration of Commodity Inspection and commodity
inspection authorities shall exercise supervision and control over the
inspection work for the import and export commodities of the receivers,
consignors, manufacturers, storage and transport departments and the
inspection agencies and personnel designated or accredited by the State
Administration of Commodity Inspection and commodity inspection
authorities.
Article 37
The State Administration of Commodity Inspection may, when deemed
necessary, conclude quality certification agreements on import and export
commodities with relevant foreign bodies. The commodity inspection
authorities may conduct quality certification for import and export
commodities according to the relevant agreement or upon entrustment by
relevant foreign bodies. For those import and export commodities and their
manufacturers found qualified through certification procedures,
certification vouchers shall be issued, and the commodities shall be
allowed to attach the corresponding quality certification marks. The
specific provisions shall be formulated by the State Administration of
Commodity Inspection.
Article 38
As required by the State, for important import and export commodities
involving safety and sanitation etc. and their manufacturers, an import
safety license and export quality license system shall be implemented. The
specific provisions shall be made by the State Administration of Commodity
Inspection in conjunction with relevant competent departments under the
State Council.
No import commodities subject to the import safety license system
shall be allowed for import unless they have been granted an import safety
license by the State Administration of Commodity Inspection.
No export commodities subject to the export quality license system
shall be allowed for export unless they have been granted an export
quality license by the State Administration of Commodity Inspection or the
State Administration of Commodity Inspection in conjunction with relevant
competent departments under the State Council.
Article 39
The State shall implement a sanitary registration/list-entry system
for the foods for export and their manufacturers (including
slaughter-houses, processing plants, storehouses and cold storage,
inclusive hereinafter). The specific provisions shall be formulated by the
State Administration of Commodity Inspection along with relevant competent
departments under the State Council.
Manufacturers of foods for export which are subject to the above-said
system shall apply to the commodity inspection authorities for sanitary
registration list-entry; they shall not be allowed to produce, process or
store foods for export unless they have obtained the approval from the
State Administration of Commodity Inspection.
Manufacturers of foods for export which need overseas registration
shall apply to the State Administration of Commodity Inspection for
unified handling of the matter after they have gone through
registration/list-entry as stipulated in the preceding paragraph.
Article 40
Upon the application of manufacturers of goods for export or at the
request of foreign parties, the commodity inspection authorities shall
assess their quality assurance system. The specific provisions shall be
formulated by the State Administration of Commodity Inspection.
Article 41
In case the manufacturers of import and export commodities which have
been approved to use certification marks or granted the import safety
license, export quality license or certificates of sanitary
registration/list-entry are found not up to the requirements set upon
re-examination, the commodity inspection authorities shall instruct them
to make improvements within the specified time limit. If they still fail
to meet the requirements beyond the time limit, their qualification for
using the certification marks shall be canceled or their quality license
or certificates of sanitary registration/list-entry shall be rescinded
subject to the approval of the State Administration of Commodity
Inspection.
Article 42
Based on the need of inspection work, the commodity inspection
authorities may dispatch inspectors to the manufacturers of export
commodities subject to compulsory inspection to undertake supervision over
the quality inspection of the export commodities before their release from
the factories, including examination and supervision over the production
and testing conditions and quality assurance system of the manufacturers,
and to conduct random inspection on raw materials, parts and finished
products, packaging, marking etc. of the export commodities.
Article 43
The commodity inspection authorities may, if necessary, affix
commodity inspection marks on the import and export commodities judged up
to standard through inspection; and carry out the sealing for the import
and export commodities judged up to standard or for those that should be
sealed. A system for the commodity inspection marks and seals shall be
worked out by the State Administration of Commodity Inspection.
Article 44
The commodity inspection authorities or the inspection agencies
designated or accredited by the State Administration of Commodity
Inspection or commodity inspection authorities shall carry out sampling of
import and export commodities according to relevant stipulations. The
relevant departments shall regain the remainder of the samples after
inspection within the specified time limit. In case they themselves fail
to regain with the time limit, the afore-said inspection authorities or
agencies have the right to dispose of the samples.
Article 45
When the inspection personnel of the commodity inspection authorities
are conducting inspection, survey, supervision and control according to
law at the manufacturers, construction sites, harbours, airports, railway
stations and storehouses or on vehicles of transport, the departments
concerned should provide necessary conditions for their work, including
manpower and appliances.
Article 46
The State Administration of Commodity Inspection and commodity
inspection authorities may, out of the need for inspection work, accredit
the qualified domestic and foreign inspection agencies to undertake the
entrusted inspection on import and export commodities or testing on the
designated commodities for quality licensing and certification and to
undertake examination and assessment of the manufacturers.
In case the accredited inspection agencies are found not up to the
stipulated requirements upon re-examination, the State Administration of
Commodity Inspection and commodity inspection authorities shall cancel
their qualification for accredited status.
Article 47
The commodity inspection authorities, when deemed necessary, may
accredit the inspection personnel of relevant departments to undertake
designated tasks of inspection and assessment.
Article 48
Foreign parties that intend to set up agencies for the inspection and
survey of import and export commodities within China should obtain
approval from the State Administration of Commodity Inspection. They are
allowed to undertake entrusted inspection and surveying businesses for
import and export commodities within the designated scope only after they
fulfil the procedures for approval and registration according to relevant
laws and administrative rules and regulations; in addition, they should be
subject to the supervision and control of the State Administration of
Commodity Inspection and commodity inspection authorities.
Article 49
In case an applicant for inspection of import and export commodities
disagrees with the inspection results of the commodity inspection
authorities, the applicant may apply to the original commodity inspection
authorities or to the higher commodity inspection authorities for
re-inspection within 15 days from the date when the inspection results are
received, and the original or higher commodity inspection authorities
shall undertake the re-inspection, the conclusion of which should be made
within 45 days from the date of application for re- inspection. In case
the applicant for re-inspection still disagrees with the conclusion of
re-inspection the applicant may apply to the State Administration of
Commodity Inspection for re-inspection within 15 days from the date when
the said conclusion is received. The conclusion of re- inspection should
be made within 60 days by the State Administration of Commodity Inspection
and shall be regarded as final.
Chapter 6 Legal Responsibility
Article 50
Those who violate the Law of Commodity Inspection or these
Regulations by committing any one of the following acts, depending on the
seriousness of the case, shall be subject to the penalty of criticism by
circular, warning and suspension of application for inspection, or shall
be imposed a find of 1% up to 5% of the total commodity value:
(1) marketing or using import commodities which are subject to
compulsory inspection according to laws or administrative rules and
regulations without applying for inspection; or purposely exporting the
commodities which are subject to compulsory inspection without applying
for inspection;
(2) importing, marketing or using commodities subject to the import
safety license system or exporting commodities subject to the export
quality license system or sanitary registration/list-entry system without
obtaining the required license or relevant certificates;
(3) using the vessel's holds or containers already found not up to
the requirements through inspection or not in possession of any
certificate to prove their qualified conditions for carrying the
perishable foods or frozen goods;
(4) providing or using the packages and containers for shipment of
export dangerous goods without undergoing survey by the commodity
inspection authorities; and
(5) any other acts of evading the compulsory inspection of the
commodity inspection authorities.
Article 51
Those who violate the Law of Commodity Inspection or these
Regulations by committing any one of the following acts, depending on the
seriousness of the case, shall be subject to the penalty of criticism by
circular, and suspension of application for inspection, or shall be
imposed a fine of 5% up to 20% of the total commodity value; or both the
penalty and fine shall be imposed by the commodity inspection authorities:
(1) marketing or using the import commodities judged by the commodity
inspection authorities through inspection not up to the compulsory
standards or other standards that must be followed;
(2) exporting the commodities judged not up to standard through
inspection or random inspection by the commodity inspection authorities;
(3) purposely changing the samples drawn by the commodity inspection
authorities or altering the quality, specifications, quantity, weight and
packaging of the export commodities already inspected and judged up to
standard by the commodity inspection authorities;
(4) purposely changing or impairing the commodity inspection marks,
seals and certification marks affixed by the commodity inspection
authorities on the commodities and/or their packages;
(5) providing or using the packages and containers already judged by
the commodity inspection authorities as substandard for shipment of
outbound dangerous goods; and
(6) applying to the commodity inspection authorities for inspection
not according to the real condition, getting the relevant
certification/documents from the commodity inspection authorities by
dishonest means, or by any other acts of deception and falsification.
Article 52
For the export commodities already applied for inspection but found
to be counterfeits of poor quality, the commodity inspection authorities
or in conjunction with relevant competent departments shall order the
manufacturers and trade agencies to cease producing and exporting the
goods; a find less than the corresponding value of the export commodity
may be imposed; alternatively, the counterfeit goods of inferior quality
shall be destroyed under supervision or with the afore-said find to be
imposed in addition.
Article 53
With regard to the acts of violations listed in Articles 50, 51 or
52, if the circumstances are serious with ensuring heavy economic losses,
the personnel directly responsible shall be prosecuted according to the
Criminal Law.
Article 54
Those who falsify, re-make or make illegal use of commodity
inspection certificates/documents, seals/stamps, marks sealings and
quality certification marks, and those who trade or erase/alter commodity
inspection certificates/documents and marks shall be imposed a fine
between 5000-30000 yuan by the commodity inspection authorities if the
certificates have not been used for imports and exports, otherwise, they
shall be imposed a fine less than the total value of the commodities; if
any of the acts of violating constitutes a crime, the personnel directly
responsible shall be prosecuted according to the Criminal Law.
Article 55
For any party that conducts unjustified inspection and surveying of
relevant import and export commodities without the approval of the State
Administration of Commodity Inspection or its authorized commodity
inspection authorities, the commodity inspection authorities shall order
it to stop the said operations. In addition, the said party may be imposed
a fine less than 3 times the illegal revenue.
Article 56
The parties that are imposed a find-should make the payment to the
designated bank within 10 days after receiving the notice for payment of
the fine form the commodity inspection authorities.
All the fines shall be turned over to the State treasury.
Article 57
In case a party does not agree with the penalty imposed by the
commodity inspection authorities, it may, within 30 days after it receives
the notice of penalty, apply to the commodity inspection authorities which
have made the punishment decision or appeal to the higher commodity
inspection authorities for re-consideration. If the party still disagrees
with the decision of re- consideration, it may bring a suit before the
people's court within 30 days after the date it receives the notice of re-
consideration decision.
If the party neither applies for re-consideration nor brings a suit,
and fails to comply with the penalty decision with the specified period,
the commodity inspection authorities which have made the penalty decision
shall appeal to the people's court for compulsory enforcement.
Article 58
As to the functionaries of the State Administration of Commodity
Inspection and the commodity inspection authorities who abuse their power,
practice graft or embezzlement, falsify inspection results or neglect
their duties and delay the timely certification, disciplinary sanctions
shall be imposed on them by their respective or higher organizations; the
serious cases which involve criminal acts shall be turned over to the
judicial department for investigation of criminal responsibilities.
In case of violation of law on the part of the inspection personnel
of the inspection agencies designated or accredited by the State
Administration of Commodity Inspection or commodity inspection authorities
or their accredited inspection personnel, they shall be penalized as
stipulated in the preceding paragraph.
Chapter 7 Supplementary Provisions
Article 59
According to the relevant provisions of the State Council, the
commodity inspection authorities shall act as the organs for the
quarantine inspection of animal products for export and shall carry out
quarantine inspection of animal products in the light of the Law on the
Entry and Exit Animal and Plant Quarantine.
Article 60
The right to interpret these Regulations resides in the State
Administration of Commodity Inspection.
Article 61
These Regulations shall go into effect as of the date of
promulgation.
Note: In case of divergence, the Chinese text shall be regarded as
authentic.
|