Recently, the State Administration for Market Regulation issued a notice on carrying out a special rectification of the quality and safety of key industrial products, deciding to organize a special rectification nationwide from April to October for industrial products with high risks and potential regional, industry, and systemic quality and safety problems.
Time: April to October
Key products and concerns: Food paper packaging
Recycling material usage, process control, label identification, total migration volume, and specific migration volume of individual units and projects
Wire and cable
Discounted cable issue
Explosion proof electrical
Explosion proof joint surface and structural project
grinding wheel
Hardness and Safe Rotation Strength Project
hazardous chemicals
Key process monitoring and process inspection
Dangerous chemical packaging materials and containers
Projects such as airtightness and shock resistance.
Enterprises implement the main responsibility for quality and safety
Food paper packaging, wire and cable, explosion-proof electrical equipment, grinding wheels, hazardous chemicals and their packaging materials, and container production enterprises must immediately conduct comprehensive self inspections in accordance with the production license and mandatory product certification requirements, rectify any problems and risks found, and submit self inspection and rectification reports to the local municipal market supervision department by the end of May.
Sales operators of food paper packaging, wires and cables, explosion-proof electrical equipment, grinding wheels, hazardous chemicals and their packaging materials, and containers must strictly fulfill their responsibilities and obligations as stipulated in the Product Quality Law, Consumer Rights Protection Law, and Food Safety Law. They should sort out the management system of the enterprise, establish and improve the purchase acceptance system, improve the sales ledger, be responsible for the quality and safety of the products sold, take effective measures, and resolutely prevent unqualified or counterfeit products from entering the market.
Market supervision department
Through the "double random, one public" approach, increase the supervision and inspection efforts and frequency of key product production and sales operators within the jurisdiction, and check whether enterprises have carried out self inspection and rectification as required. Enterprises that cannot maintain the requirements for production licenses and mandatory product certifications shall be ordered to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall have their qualification certificates revoked by the issuing authority and certification body. For enterprises that no longer engage in the production of key products, their production license certificates and mandatory product certification certificates should be cancelled in a timely manner in accordance with the law.
Strengthen the supervision of quality and safety, give full play to the restraining effect of production licenses, and increase the withdrawal efforts for unqualified enterprises; Give full play to the deterrent effect of supervision and spot checks, and highlight key issues in supervision and spot check projects; Strengthen the role of risk monitoring and early warning, form regular quality and safety risk analysis and evaluation reports, and report serious problems to the General Administration level by level. Promote quality, safety, and social governance.
Industry Association
The China Machinery Industry Federation, China Petroleum and Chemical Industry Federation, China Electricity Council, China Electrical Equipment Industry Association, China Coal Industry Association and other industry associations urge key product user enterprises to further improve procurement control, strictly follow relevant national regulations and standards, carry out key product procurement, entry acceptance, inspection and testing, and prevent unqualified or counterfeit products from entering the use process.
The following is the full text of the notice:
State Administration for Market Regulation on Launching Key Industrial Products
Notice on Special Rectification of Quality and Safety
Provinces, autonomous regions, municipalities directly under the central government, and market supervision bureaus (commissions, departments) of Xinjiang Production and Construction Corps, relevant enterprises, industry associations, and certification agencies:
In order to implement the spirit of the National Conference on Market Regulation, firmly safeguard the bottom line of quality and safety of key industrial products, provide solid guarantees for social stability, promote high-quality development, and continuously meet the needs of the people for a better life, the State Administration for Market Regulation has decided to organize a special rectification nationwide from April to October 2019 for industrial products with high risks and potential regional, industry, and systemic quality and safety problems. The relevant matters are hereby notified as follows:
1、 Highlight the key areas of rectification
（1） Key products. Including key industrial products such as food paper packaging, wires and cables, explosion-proof electrical equipment, grinding wheels, hazardous chemicals and their packaging materials, containers, etc.
（2） Key issues. Food paper packaging focuses on the use of recycled materials, process control, label identification, total migration volume, and specific migration volume of individual products; Pay special attention to the issue of "discounted" cables for wires and cables; Explosion proof electrical focuses on explosion-proof joint surfaces and structural projects; The grinding wheel focuses on hardness and safe rotation strength projects; The focus of hazardous chemicals is on key process monitoring and process inspection; The packaging materials and containers for hazardous chemicals should focus on airtightness, anti drop and other aspects.
2、 Implement the main responsibility of enterprise quality and safety
（1） Implement the main responsibility of production enterprises. From the date of receipt of this notice, all food paper packaging, wire and cable, explosion-proof electrical, grinding wheel, hazardous chemicals and their packaging materials, and container production enterprises shall immediately conduct a comprehensive self-examination in accordance with the production license and mandatory product certification requirements, rectify the problems and risks found, and submit the self-examination and rectification report to the local municipal market supervision department before the end of May 2019.
（2） Implement the main responsibility of sales operators. All food paper packaging, wire and cable, explosion-proof electrical equipment, grinding wheels, hazardous chemicals and their packaging materials, and container sales operators must strictly fulfill their responsibilities and obligations as stipulated in the Product Quality Law, Consumer Rights Protection Law, and Food Safety Law. They must sort out the enterprise's management system, establish and improve the purchase acceptance system, improve sales ledger, be responsible for the quality and safety of the products sold, take effective measures, and resolutely prevent unqualified or counterfeit products from entering the market.
3、 Strengthen supervision and inspection of production and operation enterprises
Market regulatory departments at all levels should increase their supervision and inspection efforts and frequency of key product production and sales operators within their jurisdiction through the "double random, one public" method, and check whether enterprises have carried out self inspection and rectification as required. For production enterprises, focus on checking whether they have established key quality control point operation control procedures and whether the control records are complete; Have raw materials, semi-finished products, and factory inspections been carried out as required. In addition, for wire and cable production enterprises, strict inspections should be conducted on whether there is a production of "discounted" cables through contracts, production plans, production records, sales ledgers, etc; For food paper packaging production enterprises, it is necessary to check whether product information labeling is in accordance with relevant national regulations and standards. For sales operators, the focus is on checking whether a purchase acceptance system has been established and implemented, and whether they sell products without production licenses or mandatory product certifications.
Enterprises that cannot maintain the requirements for production licenses and mandatory product certifications shall be ordered to make corrections within a specified period of time; Those who fail to make corrections within the prescribed time limit shall have their qualification certificates revoked by the issuing authority and certification body. For enterprises that no longer engage in the production of key products, their production license certificates and mandatory product certification certificates should be cancelled in a timely manner in accordance with the law.
4、 Strengthen the supervision of quality and safety
（1） Utilize the constraint effect of production license. The on-site review and follow-up inspection of key product certification enterprises should be arranged as early as possible, and the role of technical experts should be played to strictly follow the requirements for on-site inspection; We should increase the withdrawal efforts for unqualified enterprises. Conduct supervision and inspection on inspection agencies that issue product inspection reports for enterprise license applications, with a focus on checking whether there are any fraudulent or non-standard behaviors in product inspection; Institutions and enterprises that provide false inspection reports shall be dealt with seriously in accordance with the law.
（2） Give full play to the deterrent effect of supervision and spot checks. Market regulatory departments at all levels may coordinate and arrange supervision and spot checks based on the situation in their respective jurisdictions. In principle, for key products and production concentrated areas, supervision and spot checks by production enterprises shall be the main focus, while for sales and circulation concentrated areas, supervision and spot checks in the circulation field shall be the main focus. The supervision and spot check projects should highlight key issues. For production enterprises that have not received samples, detailed records should be kept, strict tracking should be carried out, and follow-up supervision and inspection should be carried out. The General Administration will organize national supervision and spot checks on key products in a timely manner based on the results of supervision and inspection.
（3） Strengthen the role of risk monitoring and early warning. Organize and carry out quality and safety risk monitoring of key products, collect quality and safety risk information through multiple channels based on production permits and supervision spot checks, and investigate and understand the quality and safety situation. For areas with concentrated production and circulation, it is necessary to strengthen analysis and judgment, form regular quality and safety risk analysis and assessment reports, and report serious problems to the General Administration level by level.
5、 Strictly crack down on quality and safety violations
Any quality violations discovered during enterprise supervision and inspection, as well as product quality supervision and spot checks, shall be investigated and dealt with in accordance with the law; Strictly investigate and punish the production and sale of counterfeit and inferior products, as well as illegal production activities without production licenses or mandatory product certification certificates; Those suspected of committing crimes shall be transferred to the judicial department for handling. Strictly follow the requirements of laws and regulations such as the Interim Regulations on Enterprise Information Disclosure, and publicly disclose relevant administrative penalty information through the National Enterprise Credit Information Disclosure System in accordance with the law. Seriously implement the Guiding Opinions on Strengthening the Management of Serious Quality Dishonest Enterprises, and lawfully include illegal enterprises in the management of serious quality dishonest enterprises. According to the requirements of the "Memorandum of Cooperation on Joint Punishment of Parties with Serious Quality Illegal and Dishonest Behavior", relevant data should be promptly pushed, and relevant departments should jointly punish illegal and dishonest enterprises and their legal representatives in accordance with laws and regulations, so that they are "restricted everywhere for one violation".
6、 Promote quality, safety, and social governance together
Industry associations such as China Machinery Industry Federation, China Petroleum and Chemical Industry Federation, China Electricity Council, China Electrical Equipment Industry Association, and China Coal Industry Association should urge key product user enterprises to further improve procurement control, strictly follow relevant national regulations and standards, carry out key product procurement, entry acceptance, inspection and testing, and prevent unqualified or counterfeit products from entering the use process. If the association and user enterprises discover significant quality and safety hazards in the key products they purchase and use, they should promptly report to the local market supervision department and take effective measures to thoroughly rectify and effectively prevent safety risks.
7、 Regarding requirements
（1） Market regulatory departments at all levels should attach great importance to this special rectification work, immediately organize enterprises to carry out self-examination and self correction, fully utilize their responsibilities and means such as production permits, supervision and spot checks, law enforcement inspections, certification and recognition, and implement them in combination with the quality and safety situation of key products in the local area. For those who have already deployed supervision and inspection, relevant work shall be further supplemented and improved in accordance with the requirements of this notice.
（2） All relevant enterprises should raise their awareness, and the main responsible persons should personally and proactively take charge, actively cooperate with market supervision departments for supervision and inspection, and implement the main responsibilities of enterprises.
（3） Please organize the completion of this special rectification by the end of October 2019, and submit a written summary to the Quality Supervision Department of the State Administration of Market Regulation, and copy the information on case investigation and handling to the Enforcement and Inspection Bureau of the State Administration of Market Regulation.
Contact: Qin Shutong, Quality Supervision Department of the State Administration for Market Regulation
Phone: 010-82262225
Source: State Administration for Market Regulation
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