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After the implementation of mandatory national standards, can the products marked with the old standards continue to be sold?
Date：2022/8/29 Clicks：1021
Question: After the implementation of mandatory national standards, can products marked with old standards continue to be sold?
Do you know the relevant laws and regulations?
To answer the above questions, you must first understand the relevant legal provisions of the "Product Quality Law of the People's Republic of China" and "Standardization Law of the People's Republic of China". Relevant legal provisions include Articles 26 and 49 of the Product Quality Law of the People's Republic of China, and Article 25 of the Standardization Law of the People's Republic of China.
Mandatory national standards (hereinafter referred to as "strong standards") are formulated to ensure personal health and safety of life and property, national security, ecological environment security, and to meet the basic needs of economic and social management. They need to be enforced and include production and sales. . Therefore, from the date of the implementation of the new version of the strong standard, enterprises must produce and sell products that meet the new version of the strong standard.
The author's point of view: only starting from Article 25 of the "Standardization Law" and Article 49 of the "Product Quality Law", for a product that has been released and implemented by the state, to judge whether it can be sold or punished according to law, we must first judge whether the quality of the product is. Meet the strong standard requirements. As for whether it meets the strong standard, the most compliant is to take samples and send them to the statutory qualification testing agency. That is to say, the statutory quality sampling inspection does not consider the standard marked on the product, but is based on the currently valid mandatory standard. Regardless of whether the product is marked with a strong standard, or with an expired old version of the strong standard, it must be judged whether the quality is qualified according to the currently valid mandatory national standards.
Case: Suppose a certain test index in an old strong standard is that the thickness of a certain material is not less than 1.6mm; when the subsequent national standard is changed, the index is revised so that the thickness is not less than 1.9mm.
01 The actual material thickness of the product in the production control of the enterprise is 2.0mm; then the product not only conforms to the old version of the standard, but also conforms to the new version of the standard, and does not violate Article 25 of the Standardization Law and Article 26 of the Product Quality Law after the implementation of the new version of the standard , can still continue to sell.
02 The actual material thickness of the product in the production control of the enterprise is 1.8mm; then the product conforms to the old version of the standard, but does not conform to the new version of the standard. After the implementation of the new version of the standard, it violates Article 25 of the Standardization Law and Article 26 of the Product Quality Law. Can not continue to sell and risk penalties under Article 49 of the Product Quality Law.
Summary: Therefore, if the product marked with the old version of the standard is qualified according to the currently valid mandatory national standard, it does not violate the provisions of Article 25 of the Standardization Law and can still continue to be sold. In other words, for the quality requirements of mandatory national standards, whether the product can be sold legally has no direct relationship with whether the implementation standard marked on the product is an old version, but is directly related to the quality of the product itself.
Of course, since the implementation standard marked on the product is an old version, there may be a process that the market supervision department requires to order correction.
Do you know the relevant laws and regulations?
To answer the above questions, you must first understand the relevant legal provisions of the "Product Quality Law of the People's Republic of China" and "Standardization Law of the People's Republic of China". Relevant legal provisions include Articles 26 and 49 of the Product Quality Law of the People's Republic of China, and Article 25 of the Standardization Law of the People's Republic of China.
Mandatory national standards (hereinafter referred to as "strong standards") are formulated to ensure personal health and safety of life and property, national security, ecological environment security, and to meet the basic needs of economic and social management. They need to be enforced and include production and sales. . Therefore, from the date of the implementation of the new version of the strong standard, enterprises must produce and sell products that meet the new version of the strong standard.
The author's point of view: only starting from Article 25 of the "Standardization Law" and Article 49 of the "Product Quality Law", for a product that has been released and implemented by the state, to judge whether it can be sold or punished according to law, we must first judge whether the quality of the product is. Meet the strong standard requirements. As for whether it meets the strong standard, the most compliant is to take samples and send them to the statutory qualification testing agency. That is to say, the statutory quality sampling inspection does not consider the standard marked on the product, but is based on the currently valid mandatory standard. Regardless of whether the product is marked with a strong standard, or with an expired old version of the strong standard, it must be judged whether the quality is qualified according to the currently valid mandatory national standards.
Case: Suppose a certain test index in an old strong standard is that the thickness of a certain material is not less than 1.6mm; when the subsequent national standard is changed, the index is revised so that the thickness is not less than 1.9mm.
01 The actual material thickness of the product in the production control of the enterprise is 2.0mm; then the product not only conforms to the old version of the standard, but also conforms to the new version of the standard, and does not violate Article 25 of the Standardization Law and Article 26 of the Product Quality Law after the implementation of the new version of the standard , can still continue to sell.
02 The actual material thickness of the product in the production control of the enterprise is 1.8mm; then the product conforms to the old version of the standard, but does not conform to the new version of the standard. After the implementation of the new version of the standard, it violates Article 25 of the Standardization Law and Article 26 of the Product Quality Law. Can not continue to sell and risk penalties under Article 49 of the Product Quality Law.
Summary: Therefore, if the product marked with the old version of the standard is qualified according to the currently valid mandatory national standard, it does not violate the provisions of Article 25 of the Standardization Law and can still continue to be sold. In other words, for the quality requirements of mandatory national standards, whether the product can be sold legally has no direct relationship with whether the implementation standard marked on the product is an old version, but is directly related to the quality of the product itself.
Of course, since the implementation standard marked on the product is an old version, there may be a process that the market supervision department requires to order correction.
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