|
Regulations for The Implementation
of The Law of The People's Republic of China
On Import and Export Commodity Inspection
Chapter I
General Provisions
Article
1 These Regulations are formulated
in accordance with the Law of the People's Republic of China on
Import and Export Commodity Inspection (hereinafter referred to
as the Law of Commodity Inspection).
Article 2 The State
Administration for Import and Export Commodity Inspection of the
People's Republic of China (hereinafter referred to as the State
Administration for Commodity Inspection) shall be in charge of
the inspection work of import and export commodities throughout
the country.
Article 3 The import
and export commodity inspection bureaux and their branches (hereinafter
referred to as the commodity inspection authorities) set up by
the State Administration for Commodity Inspection in the provinces,
autonomous regions and municipalities directly under the Central
Government, as well as at ports and concentrating and distributing
centers of import and export commodities shall been change of
the inspelction work of import and export commodities in the regions
under their jurisdiction. The commodity inspection authorities
are held responsible for inspection and surveying of the import
and export commodities, administration and supervision over the
quality and inspection work of import and export commodities.
Article 4 In the light
of the need in the development of foreign trade, the State Administration
for Commodity Inspection shall formulate, adjust and publish a
List of import and Export Commodities Subject to Inspection Enforced
by the Commodities Inspection Authorities (hereinafter referred
to as the List of Commodities) for those commodities which involve
social and public interests.
Article 5 The statutory
inspection on imports and exports by the commodity inspection
authorities or inspection agencies designated by the State Administration
for Commodity Inspection or Commodity Inspection Authorities covers:
- Inspection of import and export commodities included
in the List of Commodities;
- Hygiene inspection on the foods for export;
- Testing and inspection on the performance and employment
of the packages and containers for dangerous export goods;
- Cargo worthiness inspection on such means of transportation
as vessels' holds and containers for carrying perishable
foods and frozen goods for export;
- Inspection of imports and exports to be conducted by
the commodity inspection authorities according to relevant
international treaties;
- Inspection of imports and exports to be carried out
by the commodity inspection authorities as stipulated
in other laws and administrative regulations.
|
Article 6 Hygiene inspection
of imported and exported medicine, calibration of weighing and measuring
instruments, supervision and inspection on the safety of imported
and exported boilers and pressure vessels, survey of the ships (including
offshore platform, main equipments and materials for the ships )
and containers, inspection on airworthiness of aeroplanes (including
the plane's engine and equipment) and safety inspection on nuclear
pressure-bearing equipment are to be undertaken by other inspection
organizations according to the provisions of relevant laws and administrative
regulations
Article7 The commodity
inspection authorities may conduct random inspection of and exercise
supervision and control over the import and export commodities other
than those subject to statutory inspection.
With regard to the import and export commodities other
than those subject to statutory inspection for which the commodity
inspection authorities have issued inspection certificates as provided
for in the foreign trade contract or as applied for by the consignees
and consignors of the commodities, the commodity inspection authorities
shall undertake inspection accordingly.
Article 8 Samples of
imports and exports, gifts, non-trade exhibits and other non-trade
Articles may be exempted from inspection, unless otherwise stipulated
by the State or specified in the foreign trade contract.
Those import and export commodities
included in the List of Commodities having been found consistent
in quality through inspection by the commodity inspection authorities,
or having been certified in quality by the relevant foreign organizations
approved by the State Administration for Commodity Inspection may
be exempted from inspection upon application by the consignees,
consignors or manufacturers of the goods and the approval by the
State Administration for Commodity Inspection.
The specific measures for the exemption
of import and export commodities from inspection shall be formulated
by the State Administration for Commodity Inspection.
Article 9 The inspection
on import and export commodities by the commodity inspection authorities
covers quality, specifications, quantity, weight, packages, as well
as safety and hygiene requirements.
Article 10 The commodity
inspection authorities shall conduct inspection on import and export
commodities according to the following standards:
- If the compulsory standards or other inspection standards
which must be complied with are specified by laws or administrative
regulations, the inspection shall be performed according
to the standards as specified by laws and administrative
regulations;
- In the abSense of the compulsory standards or other
inspection standards which must be complied with as specified
by laws or administrative regulations, the inspection
shall be performed according to the standards agreed upon
in the foreign trade contracts; if the trade is conducted
against the sample, the inspection shall be performed
simultaneously according to the sample provided;
- In case the compulsory standards or other inspection
standards which must be complied with as specified by
laws or administrative regulations are lower than the
standards agreed upon in the foreign trade contract, the
inspection shall be conducted according to the standards
agreedupon in the foreign trade contract, the inspection
shall be conducted according to the standards agreedupon
in the foreign trade contract .If the trade is conducted
against the sample, the inspection shall be performed
simultaneously according to the sample provided;
- In the abSense of compulsory standards or other inspection
standards which must be complied with as specified by
laws or administrative regulations, and in case inspection
standards are either not agreed upon or agreed upon unclearly
in the contract, the inspection shall be conducted according
to the standards of the manufacturing country, or relevant
international standards or the standards designated by
the State Administration for Commodity Inspection.
|
Article 11 Based on the
need of foreign trade and inspection work, the State Administration
for Commodity Inspection may formulate the sector standards for
the methods in the inspection of import and export commodities.
Article 12 The inspection
personnel of the commodity inspection authorities are allowed to
undertake inspection assignments after they pass the qualification
test and obtain certificates.
While performing their duties
according to law, the inspection personnel shall be free from any
illegal interference or obstruction.
Chapter II
Inspection of Import Commodities
Article 13 For import
commodities subject to statutory inspection, the consignees must
make registration for the import commodities with the commodity
inspection authorities located at the port of discharge or the
station of arrival, which shall affix a stamp indicating "registration
accepted" on the Customs declarations. The commodities shall
be checked and released by the customs against that stamp on the
customs declaration.
Article 14 For the
import commodities of which the inspection sites are agreed upon
in the foreign trade contracts or shipping contracts, the inspection
shall be conducted at the said sites; in the abSense of such agreement,
the inspection shall be conducted at the port of discharge or
the station of arrival or at the sites designated by the commodity
inspection authorities.
For large-volumed commodities
in bulk and perishable goods or for those commodities found damaged
or deficient in quantity or weight during discharge, the inspection
must be performed at the port of discharge or the station of arrival.
For the complete sets of equipment, machinery, electrical equipment
and meters and instruments of which inspection must go along with
their installations and trial performance and for the commodities
which are difficult to be repacked after opening up for inspection,
the inspection may be conducted at the sites of the consignees.
Article 15 For the
import commodities subject to statutory inspection, the consignees,
having made the Article 17 The import commodities that are found
not in compliance with the compulsory standards as stipulregistration,
must apply to the commodity inspection authorities for inspection
by presenting the contracts, invoices, packing lists, bills of
lading and other necessary documents at the inspection sites designated
within the specified time limits and the commodity inspection
authorities shall conduct the inspection or organize the conduct
of the inspection. Those commodities that have not undergone application
and inspection are not permitted to be marketed or otherwise put
to use.
For the import commodities other than those subject to statutory
inspection which, however, shall be inspected by the commodity
inspection authorities as agreed upon in the foreign trade contract,
the procedures for application and inspection shall be followed
as stipulated in the preceding paragraph.
Article 16 For the
import commodities which already have been applied for inspection,
the commodity inspection authorities shall complete the inspection
within the time limit of claim. For those found up to standard,
notices shall be issued about the results of inspection; for those
found substandard or for those subject to inspection results by
the commodities inspection authorities according to the agreement
in the foreign trade contract, the inspection certificates should
be issued respectively. ated by laws and administrative regulations
or other inspection standards that must be complied with by the
commodity inspection authorities shall undergo technical treatment
under the supervision of the commodity inspection authorities;
only those proved up to standard through re-inspection are permitted
to be marketed or put to use. As for those which cannot undergo
technical treatment or those found still not up to standard through
re-inspection even after technical treatment, the commodity inspection
authorities shall order the consignees to return or destroy the
commodities.
Article 17 For complete
sets of equipment and accessories found not up to standard through
inspection, the commodity inspection authorities shall issue notices
indicating "installation and use not allowed." Those
found up to standard through re-inspection by the commodity inspection
authorities after technical treatment may be installed and used.
Article 18 Upon the
arrival of import mobile vehicles, the consignees shall procure
license-plates from the traffic control office on the strength
of the inspection certificate for import vehicles issued by the
commodity inspection authorities, and report to the commodity
inspection authorities the vehicle's condition 30 days prior to
the expiration of the validity date of quality warranty for record.
Article 19 As to the
import commodities subject to neither statutory inspection nor
to that by commodity inspection authorities as agreed upon in
the foreign trade contracts, the consignees shall receive the
commodities through their own inspection in a way as stipulated
in the contract. The commodity inspection authorities may supervise
and urge the inspection-receiving of the consignees and conduct
random and check-up inspection. In case the commodities are found
substandard through inspection, for which a claim is to be lodged
on the strength of the inspection certificate, the consignees
shall apply in time to the commodity inspection authority at the
locality for inspection and certification.
Article 20 For the
import commodities found substandard through inspection or random
and check-up inspection by the commodity inspection authorities
with a claim already lodged with the foreign party for compensation,
a sufficient quantity of the goods or samples shall be retained
by the consignees provided that the commodities are not to be
replaced or returned; while the commodities intended for replacement
by or return to the foreign party must be well kept and may not
be used until the settlement of the compensation case.
Article 21 If the import
commodities are found damaged or short in quantity or weight during
discharge at the port for which a claim for compensation is to
be lodged, the consignees shall apply in time to the commodity
inspection authority at the port for inspection and certification.
The unloading unit shall discharge and store damaged goods separately.
Article 22 For those
important import commodities and large sized complete sets of
equipment involving the interests of the State and the people,
or of fairly high value and technical sophistication, the consignees
shall stipulate in the foreign trade contracts the clause to conduct
initial inspection and supervise the manufacturing or loading
in the exporting countries before shipment; and shall reserve
the right of final inspection after the arrival of goods and the
right for lodging a claim in the contract, and shall carry out
the initial inspection and supervision over the manufacturing
or loading as agreed upon in the contracts.
The competent departments of
the consignees shall strengthen the supervision over the initial
inspection, supervision of manufacturing or loading of imported
commodities before shipment. The commodity inspection authorities,
when necessary, may dispatch inspection personnel to take part
in, or may organize the conduct of, the initial inspection and
supervision over the manufacturing or loading before shipment.
Chapter III
Inspection of Export Commodities
Article 23 For export
commodities subject to statutory inspection, the consignors shall
apply to the commodity inspection authorities for inspection by
presenting the contract and other relevant documents at the site
and within the time limit specified by the commodity inspection
authorities. The commodity inspection authorities shall conduct
inspection or organize the conduct of the inspection. For export
commodities that are not subject to statutory inspection, but
subject to inspection by the commodity inspection authorities
as agreed upon in the foreign trade contract, the procedures for
application and inspection shall be followed as stipulated in
the preceding paragraph.
Article 24 For the
export commodities already applied for inspection, the commodity
inspection authorities shall complete the inspection within the
time limit of not delaying the shipment. For those found up to
standard through inspection, the commodity inspection authorities
shall issue inspection certificates or releasing notices or shall
affix stamps for releasing on the Customs declaration as specified.
With regard to the export
commodities to be inspected at the production site while requiring
a change of certification at the outbound port for export, the
commodity inspection authority at the production site shall issue
a certificate for the change of inspection certification as specified.
The consignor shall apply to the commodity inspection authority
at the port for check-up by presenting the said certificate and
relevant documents within the specified time limit. For those
up to standard through inspection, the commodity inspection authority
at the port shall issue its inspection certificates instead and
the releasing notice or affix a releasing stamp on the Customs
declaration.
Article 25 For export
commodities other than those subject to statutory inspection,
the commodity inspection authorities may carry out random inspection
at regular or irregular intervals on the basis of the inspection
by manufacturers and trade units.
Article 26 For the
export commodities found up to standard through inspection by
the commodity inspection authorities, the consignors shall apply
for outbound shipping within 60 days from the date of issuance
of the inspection certificates or releasing notices; for outbound
fresh and live export goods, the consignors shall apply for shipping
within the specified time limit. Any deferment in export requires
the consignors to apply to the commodity inspection authorities
for re-inspection.
Article 27 Enterprises
manufacturing packing containers for dangerous goods for export
must apply to the commodity inspection authorities for performance
testing of the packing containers. Only those packing containers
meeting the requirements through testing by the commodity inspection
authorities with performance testing certificates procured shall
be permitted for carrying dangerous goods.
Enterprises producting dangerous
goods for export must apply to the commodity inspection authorities
for employment testing of the packing containers. Only those packing
containers for dangerous goods meeting the requirements through
testing by the commodity inspection authorities with employment
testing certificates procured shall be permitted to be employed
for carrying dangerous goods for export.
Article 28 For such
means of transportation as vessels' holds and containers for carrying
perishable foods and frozen goods for export, the carriers and
stuffing units or their agents must, before shipment, apply to
the commodity inspection authorities for inspection on fitness
for carrying the goods in respect to conditions like cleanliness,
hygiene, freezing efficiency, and sealing and tightness. Only
those found up to the requirements with certificates procured
shall be allowed for shipment.
Article 29 Export commodities
subject to statutory inspection shall be released by the Customs
against the certificates, notices or the releasing stamps affixed
on the Customs declarations as prescribed in Articles 25, 28,
and 29 of these Regulations.
Article 30 No commodities
for export that are found substandard through inspection, check-up
at the port or random inspection by the commodity inspection authorities
shall be permitted for export.
Chapter IV
Survey of Import and Export Commodities
Article 31 The commodity
inspection authorities, and the inspection agencies designated
by the State Administration for commodity Inspection or by the
commodity inspection authorities and other inspection agencies
approved by the State Administration for Commodity Inspection
may accept the entrustment of the foreign trade interested parties,
relevant units at home and abroad or foreign inspection agencies
for surveying services of import and export commodities within
the specified scope and may issue certificates of survey.
Article 32 The surveying
services of import and export commodities include:
- Quality inspection, quantity and weight survey, packaging
survey and evaluation of weight tonnage of import and
export commodities;
- Supervision over loading and unloading of import and
export commodities;
- Stowage survey, damage survey, cargo damage survey,
and average survey of import and export commodities;
- Survey of the cargo worthiness of transportation as
vessels, wagons, vehicles, aeroplanes and containers for
the shipping of export commodities;
- Sealing of the vessels' holds or tanks, hatch survey
and ullage measurement for the shipping of import and
export commodities;
- Survey of containers and containerized goods;
- Estimation and determination of the value, classifications,
quality, quantity and loss of the assets invested by the
foreign business bodies relevant to import and export
commodities;
- Drawing and sealing of various kinds of samples;
- Issuance of certificates of value and other surveying
and inspection certificates; and Other surveying services
for import and export commodities.
|
Article 33 Upon the application
of foreign trade interested parties, the commodity inspection authorities
may undertake issuance of certificates of origin in connection with
the General System of Preferences (G.S.P) and general certificates
of origin according to relevant laws and administrative regulations.
Article 34 When foreign
trade interested parties intend to apply to the commodity inspection
authorities for survey services, they shall provide contracts, letters
of credit and other relevant documents.
Chapter V
Supervision and Control
Article 35 The State
Administration for Commodity Inspection and commodity inspection
authorities shall exercise supervision and control over the inspection
work conducted by the inspection agencies and personnel designated
or accredited by the consignees, consignors, manufacturers, trading
units, storage and transportunits of the import and export commodities,
the State Administration for Commodity Inspection and commodity
inspection authorities.
Article 36 The State
Administration for Commodity Inspection shall, in the light of
the need, conclude quality certification agreements on import
and export commodities with relevant foreign bodies. The commodity
inspection authorities shall conduct quality certification for
import and export commodities according to the relevant agreements
or upon entrustment by relevant foreign bodies. For those import
and export commodities and their manufacturers found qualified
through certification, due certificates shall be issued, and the
use of quality certification marks for import and export commodities
shall be allowed. The specific measures shall be formulated by
the State Administration for Commodity Inspection.
Article 38 In the light
of the need, the State shall implement an import safety license
and export quality license system for important import and export
commodities involving safety and hygiene and their manufacturers.
The specific measures shall be formulated by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council. No import commodities subject
to the import safety license system shall be allowed for import
unless they have been granted an import safety license by the
State Administration for Commodity Inspection,
No export commodities subject
to the export quality license system shall be allowed for export
unless they have been granted an export quality license by the
State Administration for Commodity Inspection or granted jointly
by the State Administration for Commodity Inspection and the relevant
departments under the State Council.
Article 38 The State
shall implement a hygiene registration system for the foods for
export and their manufacturers (including processing plant, slaughter-houses,
storehouses and cold storage, similarly hereinafter). The specific
measures shall be formulated by the State Administration for Commodity
Inspection in conjunction with the relevant competent departments
under the State Council. Manufacturers of foods for export which
are subject to a hygiene registration system shall apply to the
commodity inspection authorities for hygiene registration; they
shall not be allowed to produce, process or store foods for export
unless they have obtained the approval from the State Administration
for Commodity Inspection.
Manufacturers of foods for export which need overseas registration
shall apply to the State Administration for Commodity Inspection
for unified handling of the matter after they have gone through
registration as stipulated in the preceding paragraph.
Article 39 Upon the
application of manufacturers of goods for export or at the request
of foreign parties, the commodity inspection authorities shall
assess their quality assurance system. The specific measures shall
be formulated by the State Administration for Commodity Inspection.
Article 40 In case
the manufacturers of import and export commodities which have
been approved to use certification marks or granted the import
safety license, export quality license or certificates of hygiene
registration are found not up to the specified requirements through
re-examination, the commodity inspection authorities shall instruct
them to make improvements within the specified time limit. If
they still fail to meet the specified requirements beyond the
time limit, their qualification for using the certification marks
shall be canceled or their import safety license, export quality
license or certificates of hygiene registration shall be rescinded
subject to the approval by the State Administration for Commodity
Inspection.
Article 41 In the light
of the need of inspection work, the commodity inspection authorities
may dispatch inspectors to the manufacturers of export commodities
subject to statutory inspection to undertake supervision over
the quality inspection of the export commodities before their
release from the factories, to conduct examination and supervision
over the production and testing conditions and quality assurance
system of the manufacturers, and to conduct random inspection
on raw materials, parts and finished products, packaging, marking,
etc., used for the export commodities.
Article 42 The commodity
inspection authorities may, in the light of the need, affix commodity
inspection marks on the import and export commodities found up
to standard through inspection; and carry out the sealing for
the import and export commodities found up to standard or those
that must be sealed. The making and issuance of the commodity
inspection marks and seals shall be regulated by the State Administration
for Commodity Inspection.
Article 43 The commodity
inspection authorities or the inspection agencies designated or
accredited by the State Administration for Commodity Inspection
or commodity inspection authorities shall conduct sampling inspection
of import and export commodities according to relevant stipulations.
The relevant units shall recollect the remainder of the samples
after the inspection within the specified time limit. In case
they fail to recollect within the time limit, the inspection authorities
have the right to dispose of the samples.
Article 44 When the
inspection personnel of the commodity inspection authorities are
conducting inspection, survey, supervision and control according
to law at the manufacturers, construction sites, harbors, airports,
railway stations and storehouses or on vehicles of transport,
the units concerned shall provied necessary conditions for their
work, including auxiliary manpower and appliances.
Article 45 The State
Administration for Commodity Inspection and commodity inspection
authorities may, in the light of the need of inspection work,
accredit the qualified domestic and foreign inspection agencies
to undertake the entrusted inspection on import and export commodities
or testing on the designated commodities for quality licensing
and certification and to undertake examination and assessment
of the manufacturers. In case the accredited inspection agencies
are found not up to the stipulated requirements upon reexamination,
the State Administration for Commodity Inspection or commodity
inspection authorities shall cancel their qualification for accredited
status.
Article 46 The commodity
inspection authorities may, in the light of the need, accredit
the inspection personnel of relevant units to undertake designated
tasks of inspection and assessment.
Article 47 Foreign
organizations that intend to set up agencies for the inspection
and survey of import and export commodities within China shall
receive examination and obtain approval from the State Administration
for Commodity Inspection. They are allowed to undertake entrusted
inspection and surveying businesses for import and export commodities
within the designated scope only after they have fulfilled the
procedures for approval and registration according to relevant
laws and administrative regulations; they shall be subject to
the supervision and control of the State Administration for Commodity
Inspection and commodity inspection authorities.
Article 48 In case
an applicant for inspection of import and export commodities disagrees
with the inspection results of a commodity inspection authority,
the applicant may apply to the original commodity inspection authorities
or to the higher commodity inspection authority for re-inspection
within 15 days from the date when the inspection results are received,
and the commodity inspection authority which accepts the re-inspection.
Shall make a condusion of re-inspection within 45 days from the
date of receiving of the application for re-inspection. In case
the applicant still disagrees with the conclusion of re-inspection,
the applicant may apply to the State Administration for Commodity
Inspection for re-inspection within 15 days from the date when
the said conclusion is received. The State Administration for
Commodity Inspection shall make within 60 days a conclusion of
re-inspection which shall be the final.
Chapter VI
Legal Responsibility
Article 49 Those who
violate the Law of Commodity Inspection or these egulations by
committing one of the following acts, depending on the seriousness
of the case, shall be subject to the penalty of criticism by circular,
warning or suspension of application for inspection, and may be
imposed a fine of more than 1% and less than 5% of the total commodity
value by the commodity inspection authorities:
- Marketing or using import commodities which are subject
to statutory inspection without applying for inspection;
or without permission exporting the commodities which
are subject to statutory inspection without applying for
inspection;
- Importing, marketing or using commodities subject to
the import safety license system without obtaining import
safety license or exporting commodities subject to export
safety license system or hygiene registration system without
obtaining export quality license or hygiene registration;
- Using the vessel's holds or containers without possessing
any certificate to prove their qualified conditions or
found not up to the requirements through inspection for
carrying the perishable foods or frozen goods;
- Providing or using the packing containers for exporting
dangerous goods without undergoing survey by the commodity
inspection authorities; and
- Any other acts of evading the statutory inspection
of the commodity inspection authorities.
|
Article 50 Those who
violate the Law of Commodity Inspection or these Regulations by
committing one of the following acts., depending on the seriousness
of the case , shall be subject to the penalty of criticism by circular,
warning or suspension of application for inspection, and may be
imposed a fine of more than 5% and less than 20% of the total commodity
value by the commodity inspection authorities;
- Marketing or using the import commodities found by the
commodity inspection authorities through inspection not
up to the compulsory standards or other standards that
must be complied with;
- Exporting the commodities found not up to the standard
through inspection or random inspection by the commodity
inspection authorities;
- Without authorization changing the samples drawn by
the commodity inspection authorities or altering the quality,
specifications, quantity, weight and packaging of the
export commodities already inspected and found up to standard
by the commodity inspection authorities;
- Without authorization changing or impairing the commodity
inspection marks, seals or certification marks affixed
by the commodity inspection authorities on the commodities
and their packages;
- Providing or using the packaging containers already
found by the commodity inspection authorities as substandard
for outbound dangerous goods; and
- Applying to the commodity inspection authorities for
inspection not according to the real condition, obtaining
the relevant certificates or documents from the commodity
inspection authorities by cheating.
|
Article 51 For the export
commodities already applied for inspection but subject to fake and
shoddy goods, the commodity inspection authorities or the commodity
inspection authorities in conjunction with relevant competent departments
shall order the manufacturers and trade agencies to cease producing
and exporting the goods; may have the goods concerned destroyed
under supervision, and impose a fine less than the corresponding
value of the export commodity concerned separately or concurrently.
Article 52 With regard
to the acts listed in Articles 50, 51 and 52 of these Regulations,
if the circumstances are serious enough with ensuing heavy economic
losses to constitute a crime, the personnel directly responsible
shall be investigated for their criminal responsibility according
to law.
Article 53 Those who
falsify, re-make or illegally use commodity inspection certificates,
documents, seals, stamps, marks, sealings and quality certification
marks, or trade, erase or alter commodity inspection certificates,
documents and marks, provided that the certificates have yet not
been used for imports or exports, may be imposed a fine of more
than 5, 000 and less than 30, 000 yuan (RMB) by the commodity inspection
authorities, if the certificates have already been used for imports
or exports, they may be imposed a fine less than the total value
of the commodities by the commodity inspection authorities; if the
circumstances are serious enough to constitute a crime, the personnel
directly responsible shall be investigated for their criminal responsibility
according to law.
Article 54 For any party
that conducts inspection and surveying of relevant import and export
commodities without the approval, designation or accredition of
the State Administration for Commodity Inspection or its authorized
commodity inspection authorities, the commodity inspection authorities
shall order it to stop the said operations. In addition, the said
party may be imposed a fine less than three times the illegal gains.
Article 55 The parties
that are imposed a fine shall make the payment to the designated
bank within ten days after receiving the notice for payment of the
fine from the commodity inspection authorities. All the fines shall
be turned over to the State Treasury.
Article 56 In case a
party dose not agree with the penalty imposed by the commodity inspection
authorities, it may, with 30 days after it receives the notice of
penalty, apply to the commodity inspection authorities which have
made the penalty decision or appeal to the higher commodity inspection
authorities for re-consideration. If the party still disagrees with
the decision of re-consideration, it may bring a suit before the
people's court within 30 days after the date it receives the notice
of re-consideration decision.
If the party neither applies
for re-consideration nor brings a suit, and fails to comply with
the penalty decision, the commodity inspection authorities which
have made the penalty decision shall apply to the people's court
for compulsory execution.
Article 57 The functionaries
of the State Administration for Commodity Inspection and the commodity
inspection authorities who abuse their power, practice graft or
embezzlement, falsify inspection results or neglect their duties
and delay the timely certification shall be subject to disciplinary
sanctions by their respective or higher organizations; if the act
of violation is serious enough to constitute a erime, the personnel
directly responsible shall be investigated for their criminal responsibilities
according to law.
In case of the above offences
on the part of the inspection personnel of the inspection agencies
designated or accredited by the State Administration for Commodity
Inspection or commodity inspection authorities or their accredited
inspection personnel, they shall be penalized as stipulated in the
preceding paragraph.
Chapter VII
Supplementary Provisions
Article 58 The commodity
inspection authorities, when acting as the organs for the quarantine
inspection of animal products for commercial export in accordance
with the decision of the State Council, shall exercise quarantine
inspection over export animal products in conformity with the
provisions of the Law on the Entry and Exit Animal and Plant Quarantine.
Article 59 The State
Administration for Commodity Inspection shall be responsible for
the interpretation of these Regulations.
Article 60 These Regulations
shall go into effect as of the date of promulgation.
|