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SAMR 76-2023 English PDF (SAMR76-2023)

SAMR 76-2023 English PDF (SAMR76-2023)

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SAMR 76-2023: Industrial product seller implement regulations on supervision and management of quality and safety subject responsibilities
Sellers shall establish and improve the product quality and safety management system, implement the product quality and safety responsibility system, equip quality and safety directors and quality safety officers that are suitable for the seller scale, product category and risk level in accordance with the law, and specify the job responsibilities of the main person in charge of the seller, quality and safety directors and quality and safety officers.
SAMR Order 76 [2023]
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Provisions on Supervision and Administration of Implementing Primary
Quality and Safety Responsibilities by Sellers of Industrial Products
Decree of the State Administration for Market Regulation (No. 76)
Provisions on Supervision and Administration of Implementing Primary Quality and Safety Responsibilities by Sellers of Industrial Products was adopted at the 6th executive meeting of the State Administration for Market Regulation on 27 March 2023. It is hereby promulgated and shall be implemented from 5 May 2023.
Director: Luo Wen
4 April 2023
Provisions on Supervision and Administration of Implementing
Primary Quality and Safety Responsibilities by Sellers of Industrial
Products
Article 1 In order to urge sellers of industrial products (hereinafter referred to as sellers) to fulfill the primary product quality and safety responsibilities, strengthen the product quality and safety responsibilities of the main persons in charge of sellers, and regulate the behavior of quality and safety management personnel, these Provisions are formulated in accordance with the Product Quality Law of the People’s Republic of China, Standardization Law of the People’s Republic of China, Certification and Accreditation Regulations of the People’s Republic of China, Regulations on the Administration of Industrial Product Production Licenses of the People’s Republic of China and other laws and regulations.
Article 2 These Provisions apply to the acts of fulfilling product quality and safety responsibilities in accordance with the law and their supervision and administration by the main persons in charge, quality and safety directors and quality safety officers of sellers of products subject to the industrial product production license and compulsory product certification management, and products that involve personal health and safety of life and property and subject to the requirements of compulsory national standards, within the territory of the People’s Republic of China. Article 3 Sellers shall establish and improve the product quality and safety management system, implement the product quality and safety responsibility system, equip quality and safety directors and quality safety officers that are suitable for the seller scale, product category and risk level in Page 2 of 6
accordance with the law, and specify the job responsibilities of the main person in charge of the seller, quality and safety directors and quality and safety officers.
The main person in charge of the seller is fully responsible for the seller’s product quality and safety work, and establishes and implements a long-term mechanism for primary product quality and safety responsibilities. The quality and safety directors and quality safety officers shall assist the main person in charge of the seller to do a good job in product quality and safety management according to their job responsibilities.
Article 4 The main person in charge of the seller shall support and ensure that the quality and safety directors and quality and safety officers carry out product quality and safety management work in accordance with the law, and shall fully listen to the opinions and suggestions of the quality and safety directors and quality and safety officers before making major decisions involving product quality and safety.
When the quality and safety directors or quality safety officers discover that a product has defects that endanger safety, they shall veto suggestions such as stopping the sale of the corresponding product. The main person in charge of the seller shall immediately organize analysis and judgment, take disposal measures and eliminate hidden risks; for products that have been sold and are confirmed to be defective, the seller shall cooperate with the manufacturer to recall them in a timely manner.
Article 5 On the basis of equipping quality and safety officers in accordance with the law, the following sellers shall be equipped with quality and safety directors:
(1) Sellers that sell products subject to industrial product production license management; (2) Sellers that sell products subject to compulsory product certification management; (3) Other large and medium-scale sellers of industrial products that involve personal health and safety of life and property and subject to compulsory national standards. Local market supervision and administration departments at or above the county level shall guide qualified sellers in their jurisdiction to appoint quality and safety directors based on the actual conditions of the region.
Article 6 Quality and safety directors and quality safety officers shall have the following quality and safety management capabilities:
(1) Be familiar with laws and regulations related to quality and safety of industrial products, compulsory national standards and the seller’s quality management system; (2) Have professional educational background and work experience related to the work they are responsible for, be familiar with the work tasks and requirements of the position, and have the professional knowledge and skills to identify, prevent and control the quality and safety risks of corresponding industrial products;
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(3) Implement control over non-conforming products, urge employees to take effective measures to rectify quality problems and report to the quality and safety director in a timely manner;
(4) Manage and maintain the quality and safety files of the products sold by the seller, and save relevant information as required;
(5) Accept and cooperate with tasks such as supervision and inspection, defective product recall, accident investigation, quality and safety traceability that are carried out by the market supervision and administration department, and truthfully provide relevant materials.
Sellers shall formulate the Code of Quality and Safety Officers in accordance with the provisions of the preceding paragraph and in light of actual conditions.
Article 9 Sellers shall establish a dynamic management mechanism based on the prevention and control of industrial product quality and safety risks, implement self-inspection requirements based on the actual situation of the seller, formulate an Industrial Product Quality and Safety Risk Management and Control List that includes incoming goods inspection, certificate and invoice request, establishment of ledgers, verification of product quality information, etc., and establish and improve daily management and control, weekly inspection and monthly dispatching work systems.
Article 10 Sellers shall establish a daily management and control system for quality and safety of industrial products. The quality and safety officer shall conduct daily inspections according to the Industrial Product Quality and Safety Risk Management and Control List and form a Daily Industrial Product Quality and Safety Inspection Record. For any hidden quality and safety risks discovered, preventive measures shall be taken immediately and reported to the quality and safety director or main person in charge of the seller in a timely manner. If no problems are found, it shall record and implement zero-risk reporting.
Article 11 Sellers shall establish a weekly inspection system for quality and safety of industrial products. The quality and safety director shall organize risk inspections at least once a week, analyze and judge the product quality and safety status based on the problems discovered during daily control, and form a Weekly Industrial Product Quality and Safety Inspection and Governance Report.
Article 12 Sellers shall establish a monthly dispatch system for quality and safety of industrial products. The main person in charge of the seller shall listen to the management report of the quality and safety director at least once a month, summarize the daily management of the quality and safety of industrial products sold that month and the investigation and management of hidden risks, etc., make arrangements for the key work of the next month, and form a Monthly Industrial Product Quality and Safety Scheduling Meeting Minutes.
Article 13 Sellers shall report the establishment, adjustment and duty performance of the main person in charge, quality and safety directors and quality and safety officers, Responsibilities of Page 5 of 6
Quality and Safety Directors, Code of Quality and Safety Officers, Industrial Product Quality and Safety Risk Management and Control List, Daily Industrial Product Quality and Safety Inspection Record, Weekly Industrial Product Quality and Safety Inspection and Governance Report, Monthly Industrial Product Quality and Safety Scheduling Meeting Minutes and the opinions and suggestions put forward by quality and safety directors and quality and safety officers, and archive them for future reference.
Article 14 The market supervision and administration department shall regard the establishment and implementation of management systems such as the industrial product quality and safety responsibility system by sellers, and the hidden industrial product quality and safety risks discovered by the seller during daily control, weekly inspections and monthly dispatch and their rectification situations as an important part of supervision and inspection. Article 15 Sellers shall organize training and assessment of laws and regulations, standards and professional knowledge for quality and safety directors and quality safety officers, and at the same time record and archive the training and assessment results for future reference. Personnel who fail the assessment are not allowed to serve as quality and safety managers in corresponding positions.
In accordance with the Assessment Guidelines for Quality and Safety Management Personnel of Sellers of Industrial Products formulated by the State Administration for Market Regulation, local market supervision and administration departments at or above the county level shall organize random supervision and spot checks on the quality and safety directors and quality safety officers of sellers within their jurisdictions and publish the results. No fees may be charged for supervision and spot checks.
If the spot check fails, the seller shall take corrective measures immediately. Article 16 Sellers shall provide necessary working conditions, education, training and job benefits to the quality and safety directors and quality safety officers to fully ensure that they perform their duties in accordance with the law.
Sellers are encouraged to establish an incentive and restraint mechanism for quality and safety directors and quality safety officers, commend and reward those with significant work results, and punish those who fail to perform their duties well.
When the market supervision and administration department investigates and punishes illegal acts of a seller, the seller’s fulfilling of primary product quality and safety responsibilities shall be an important factor in judging its subjective fault, illegal circumstances, punishment range and other considerations.
If a seller and its main person in charge fail to adopt the opinions or suggestions put forward by quality and safety directors and quality safety officers in accordance with Article 4 of these Provisions without legitimate reasons, it shall be considered that the quality and safety directors and quality and safety officers have performed their duties in accordance with the law, so the quality and safety directors and quality safety officers will not be punished.
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