中華人民共和國標準化法實施條例
發(fā) 文 號:國務院令第53號發(fā)布
發(fā)布單位:國務院令第53號發(fā)布
hose provisions in law shall prevail.Article 13If there are no national standards for those technical requirements whichneed to be standardized for certain trades throughout the country, tradestandards (including the making of sample standards) may be formulated.Items of trade standards to be formulated shall be determined by therelevant competent administrative departments under the State Council.Article 14In formulating trade standards, the relevant competent administrativedepartments under the State Council shall be responsible for drawing upplans, organizing drafting, examination and approval, numbering andpromulgation and they should report to the administrative department incharge of standardization under the State Council for the record.Trade standards shall be null and void automatically after thecorresponding national standards have taken effect.
Article 15Local standards may be formulated for the safety and sanitationrequirements for industrial goods which need to be unified in theprovinces, autonomous regions and municipalities directly under theCentral Government, in the absence of national standards or tradestandards for them. Items of local standards to be formulated shall bedetermined by the administrative departments for standardization of thepeople's governments in the provinces, autonomous regions andmunicipalities directly under the Central Government.Article 16In formulating local standards, the administrative departments forstandardization of the people's governments in the provinces, autonomousregions and municipalities directly under the Central Government shall beresponsible for drawing up plans, organizing drafting, examination andapproval, numbering and promulgation, and they should report to theadministrative department in charge of standardization under the StateCouncil and the relevant competent departments under the Council for therecord. Where there are, in law, provisions different from those abovefor the formulation of local standards, those provisions in law shallprevail.Local standards shall be null and void automatically after thecorresponding national standards or trade standards go into effect.Article 17In the absence of national standards, trade standards and local standardsfor certain products, the enterprises producing such products shallformulate their own standards as the basis for organizing production.Enterprise standards shall be formulated by the relevant enterprisesthemselves (procedures for formulating standards for agriculturalenterprises shall be provided for separately), and shall be filed for therecord in accordance with the provisions of the people's governments inthe provinces, autonomous regions and municipalities directly under theCentral Government.Where there are already national standards, trade standards and localstandards, enterprises should be encouraged to formulate enterprisestandards which are stricter than the corresponding national, trade orlocal standards and apply them within their enterprises.
Article 18National standards and trade standards are divided into compulsorystandards and recommendatory standards.The following standards belong in the compulsory category:(1) standards for pharmaceuticals, food hygiene and veterinary medicine;(2) safety and hygiene standards for products and the production, storageand transportation and utilization of products; standards for the safetyof labour and hygiene standards and safety standards for transportation;(3) quality, safety and sanitation standards for project construction andother standards for project construction that must be controlled by theState;(4) standards for the discharge of pollutants concerning environmentalprotection and standards for environmental quality;(5) important technical terms, symbols, codes and drafting methods incommon use;(6) standards for commonly used methods of experimentation andexamination;(7) standards for conversion and coordination;(8) quality standards for the important products which need to becontrolled by the State. The catalogue of the important products whichneed to be controlled by the State shall be fixed by the administrativedepartment for standardization under the State Council in conjunction withthe relevant competent administrative departments under the State Council.Those standards which are not compulsory are recommendatory standards.The local standards for safety and hygiene requirements for industrialproducts formulated by the administrative departments in charge ofstandardization of the people's governments in the provinces, autonomousregions and municipalities directly under the Central Government arecompulsory standards in their respective administrative regions.
Article 19Trade associations, research institutions for science and technology, andacademic organizations should be given a role to play in formulatingstandards. The departments responsible for formulating national, tradeand local standards should set up standardization technical committeesconsisting of experts from users, production units, trade associations,research institutions for science and technology, academic organizationsand the departments concerned, which shall be responsible for draftingstandards and examining the technical aspects of the drafts. Wherestandardization technical committees have not been set up, the unitscharged with specific responsibility for standardization technology maytake charge of drafting standards and examining the technical aspects ofthe drafts.It is necessary to heed fully the opinions of the users and researchinstitutions for science and technology in formulating enterprisestandards.Article 20After standards go into effect, the departments which formulated thestandards shall carry out timely reexaminations in light of thedevelopment of science and technology and the needs of economicconstruction. Normally, reexamination should be conducted every fiveyears, at the longest.Article 21The procedures of coding and numbering for national, trade and localstandards shall be provided for by the administrative department in chargeof standardization under the State Council.The procedures of coding and numbering for enterprise standards shall beprovided for by the administrative department in charge of standardizationunder the State Council in conjunction with the relevant competentadministrative departments under the State Council.Article 22The procedures of publication and distribution of standards shall bestipulated by the departments which have formulated the standards.
【章名】Chapter IV Implementation and Supervision Concerning Standards
Article 23Any units and individuals that are engaged in scientific research,production and operation must strictly implement compulsory standards. Theproducts which do not measure up to compulsory standards may not beallowed to be produced, marketed or imported.Article 24Enterprises may go by the national, trade and local standards orenterprise standards in production. The codes, serial numbers and names ofthe standards should be marked on their products, or written in thetechnical manuals or on the packages.Article 25The technical requirements for export products shall be agreed upon by thetwo contracting parties.When those export products which should be subject to compulsory standardsof China are sold at domestic markets, they must meet the requirements ofthe relevant compulsory standards.Article 26Enterprises should meet standardization requirements in developing newproducts, improving products or carrying out technical innovations.Article 27The administrative department in charge of standardization under the StateCouncil organizes or authorizes the relevant competent departments underthe State Council to set up trade attestation agencies for carrying outproduct quality attestation.Article 28The administrative department in charge of standardization under the StateCouncil shall be responsible for the supervis