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Which laws and regulations violate the use of expired or invalid ISO certification?
Date：2021/3/22 Clicks：1242
"Product Quality Law of the People's Republic of China"
Article 14: The state implements an enterprise quality system certification system in accordance with internationally accepted quality management standards. Based on the voluntary principle, enterprises may apply for enterprise quality system certification to certification bodies recognized by the market supervision and management department of the State Council or authorized by the market supervision and management department of the State Council. The certification body shall issue an enterprise quality system certification certificate if the certification is qualified.
The country implements a product quality certification system with reference to international advanced product standards and technical requirements. Enterprises may apply for product quality certification to certification agencies recognized by the market supervision and management department of the State Council or authorized by the market supervision and management department of the State Council in accordance with the principle of voluntariness. Those who have passed the certification shall be issued a product quality certification certificate by the certification body, allowing the enterprise to use the product quality certification mark on the product or its packaging.
Article 53 Anyone who falsifies the place of origin of a product, forges or fraudulently uses the name and address of another person’s factory, or forges or fraudulently uses certification marks and other quality marks, shall be ordered to make corrections, the illegally produced and sold products shall be confiscated, and the illegally produced or sold products shall be confiscated. Fines below the equivalent value of the goods; if there are illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked.
Article 59: Anyone who falsely publicizes product quality in advertisements, deceives and misleads consumers, shall be investigated for legal responsibility in accordance with the provisions of the Advertising Law of the People's Republic of China.
"Administrative Measures for Certification Certificates and Certification Marks"
"Administrative Measures for Certification Certificates and Certification Marks" (General Administration Order No. 63, revised in accordance with State Administration of Quality Supervision, Inspection and Quarantine Order No. 162 on March 31, 2015, "Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Abolishing and Modifying Certain Regulations" )
Article 4 The National Certification and Accreditation Administration (hereinafter referred to as the National Certification and Accreditation Administration) shall be responsible for the management, supervision and comprehensive coordination of certification certificates and certification marks in accordance with the law.
Local quality and technical supervision departments and local entry-exit inspection and quarantine agencies (hereinafter collectively referred to as local certification supervision and management departments) shall be responsible for the supervision and inspection of certification certificates and certification marks within their jurisdiction in accordance with their respective responsibilities.
Article 5: Forgery, fraudulent use, transfer and illegal trading of certification certificates and certification marks are prohibited.
Article 10: Organizations that have obtained certification shall correctly use certification certificates and related information in advertising, publicity and other activities. When major changes occur in the certified products, services, and management systems, the certified organizations and individuals shall apply to the certification body for changes. If no changes are made or the certification body's investigation finds that it does not meet the certification requirements, the certification certificate shall not continue to be used.
Article 11 The certification body shall establish a certification certificate management system, carry out effective follow-up investigations on the use of certification certificates by certified organizations and individuals, and shall suspend its use until the certification certificate is revoked, and publish it if it fails to meet the certification requirements; The revoked or cancelled certification certificate shall be withdrawn; if it cannot be withdrawn, it shall be announced.
Article 12 The product certification certificate and related words and symbols shall not be used to mislead the public to believe that its services and management system have passed certification; the service certification certificate and related words and symbols shall not be used to mislead the public to believe that its products and management systems have passed certification; and the management system shall not be used The certification certificate and related words and symbols mislead the public to believe that its products and services have passed the certification.
Article 18 Organizations that have obtained product certification shall correctly use the product certification mark in advertisements, product introductions and other promotional materials, and may mark the product certification mark on the certified product and its packaging, but shall not use the product certification mark to mislead the public into thinking it. Service and management system passed certification.
Article 19 Organizations that have obtained service certification shall correctly use service certification marks in advertisements and other related publicity, and may hang service certification marks in the area where they have obtained service certification, but they shall not use service certification marks to mislead the public into their products and management systems. Pass the certification.
Article 20 Organizations that have obtained management system certification shall correctly use the management system certification mark in advertisements and other related publicity, and shall not mark the management system certification mark on the product, only if it is indicated that the certified organization has passed the relevant management system certification. Mark the management system certification mark on the product packaging.
Article 21: The CNCA organizes local certification supervision and management departments to supervise and inspect the use of certification certificates and certification marks, and investigate and deal with violations of forgery, fraudulent use, transfer, and illegal trading of certification certificates and certification marks in accordance with the law.
Article 22: The State Certification and Accreditation Administration shall supervise and inspect the management of certification bodies' certification certificates and certification marks.
The certification body shall provide an annual report to the CNCA on the management of its certification certificates and certification marks. The annual report shall include its follow-up investigation on the use of certification certificates and certification marks by certified organizations.
Article 27 In violation of the provisions of these Measures, illegal trading or transfer of certification certificates shall be ordered by the local certification supervision and management department to make corrections and impose a fine of 30,000 yuan; if the certification body sells or transfers the certification certificate to a certification client who has not passed the certification, Punishment in accordance with Article 62 of the Regulations.
Article 28: If the certification mark developed by the certification body violates the provisions of Article 15 of these Measures, it shall be punished in accordance with the provisions of Article 61 of the Regulations; those that violate the provisions of other laws and administrative regulations shall be punished in accordance with other laws and administrative regulations.
Article 29 If a certification body discovers that its certified products, services, and management systems cannot continue to meet the certification requirements, and fails to suspend its use of the certification certificate and certification mark in time, or fails to revoke the certification certificate or stop using the certification mark in time, it shall follow the regulations Article 60 provides for penalties.
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