Article 30 The administrative¹ departments for measurement of the people's governments above the county level may， in the light of actual needs， authorize² the agencies of measurement examination and determination and technical agencies in the following ways to conduct compulsory³ examination and determination and other kinds of examination and determination and testing within the prescribed scope：

　　（1） authorizing⁴ professional or regional agencies for measurement examination and determination to act as legal agencies；

　　（2） authorizing the designation of public standard instruments；

　　（3） authorizing the agencies for measurement examination and determination of certain departments or units to conduct compulsory examination and determination of the relevant measurement instruments used therein；

　　（4） authorizing relevant technical agencies to undertake the other tasks of examination and determination and testing prescribed by law.

　　Article 31 Units which have been authorized⁵ in accordance with the provisions of Article 30 of these Rules should abide⁶ by the following stipulations：

　　（1） the personnel in charge of examination and determination and testing in the authorized units must pass the examinations supervised by the authorizing units；

　　（2） the corresponding measurement standards of the authorized units must be examined and determined⁷ according to the datum⁸ instruments or the public standard instruments；

　　（3） the authorized units must conduct the authorized work of examination and determination and testing under the supervision⁹ of the authorizing units；

　　（4） administrative departments for measurement of the people's governments above county level shall conduct mediation¹⁰ and arbitration¹¹ when the authorized units become a party to a measurement dispute， which cannot be settled by the parties themselves through consultation¹².

　　Chapter VII Measurement Attestation¹³ of Agencies for Examination of Product Quality

　　Article 32 The agencies for examination of product quality which provide the society with notarization data must be attested¹⁴ by administrative departments for measurement of the people's governments above provincial¹⁵ level.

　　Article 33 Measurement attestation of agencies for examination of product quality covers the following aspects：

　　（1） examining and determining measurements and testing the function of equipment；

　　（2） examining and determination measurements and testing the environmental conditions for the functioning of the equipment and the personnel's operational skills；

　　（3） measures ensuring the uniformity of measurement values and accuracy， and systems ensuring the equity¹⁶ and reliability¹⁷ of the data for examination and determination of measurements.

　　Article 34 After receiving applications for attestation from agencies for examination of product quality， administrative departments for measurement of the people's governments above provincial level shall instruct the measurement examination agencies under their jurisdiction¹⁸ or the authorized technical agencies to arrange the examinations for the applicants¹⁹ in accordance with the provisions of Article 33 of these Rules. The administrative departments for measurement of the people's governments above provincial level shall issue certificates for measurement attestation to those applicants who have passed the examinations. Those who have not obtained the certificates shall not be allowed to conduct examination of product quality.

　　Article 35 Administrative departments for measurement of the people's governments above provincial level are empowered to conduct supervision and inspection²⁰ over those agencies which have obtained certificates for measurement attestation according to the provisions of Article 33 of these Rules.

　　Article 36 Agencies for examination of product quality which have obtained a certificate for measurement attestation should apply for separate confirmation²¹ of measurement attestation for new items， if they deem these additional examinations necessary， according to the relevant provisions of these Rules.

　　Chapter VIII Measurement Mediation and Arbitrative Examination and Determination

　　Article 37 Administrative departments for measurement of the people's governments above county level are responsible for mediation and arbitrative examination and determination for measurement disputes and may appoint relevant agencies for measurement examination and determination to conduct arbitrative examination and determination as entrusted²² by judicial²³ organs， administrative organs for contracts， arbitration agencies dealing²⁴ with cases involving foreign parties， or other organizations.

　　Article 38 No litigant²⁵ shall change the technical status of the measurement instruments involved in the dispute in the course of the mediation， arbitration and hearing of the cases.

　　Article 39 If a party rejects the arbitrative examination and determination， it may appeal to the administrative departments for measurement of the people's governments at the next higher level within 15 days of receipt of the notice of the arbitrative examination and determination. The arbitrative examination and determination by the administrative departments for measurement of the next higher people's governments shall be final.

　　Chapter IX Fees

　　Article 40 Fees shall be paid for applications for examinations to designate standard measurement instruments， applications for examination and determination of measurement instruments to be used， applications for model approval and prototype instrument testing for manufacturing new measurement products， applications for the licence for manufacturing and repairing measurement instruments and applications for measurement attestation and arbitrative examination and determination. Actual procedures or rates of charges shall be worked out by the measurement administration under the State Council in conjunction with the financial and price control departments of the State.

　　Article 41 Fees shall not be charged for the examination and determination and testing conducted by administrative departments for measurement of the people's governments above county level in exercising supervision and inspection. The inspected units have the obligation to provide prototype instruments and facilities for examination and determination and testing.

　　Article 42 The funds needed by the agencies of measurement examination and determination under the jurisdiction of administrative departments for measurement of the people's governments above county level for providing technical guarantee for implementating measurement laws and regulations and exercising measurement supervision shall be entered in the budgets of people's governments at the various levels in accordance with the provisions in the State financial administration system.

　　Chapter X Legal Liability

　　Article 43 Those who violate Article 2 of these Rules by using non-legal measures shall be ordered to correct their mistakes. If violations²⁶ have been contained in publications， orders shall be given to stop their circulations and a fine of 1，000 yuan or less may be imposed simultaneously²⁷.

　　Article 44 Those who violate Article 14 of the Measurement Law of the People's Republic of China by manufacturing， marketing²⁸ and importing measurement instruments of non-legal measures which have been declared abolished by the State Council and other measurement instruments which have been prohibited for use by the State Council， shall be ordered to cease these operations. Their measurement instruments and total amount of illegal gains shall be confiscated²⁹. And a pecuniary³⁰ penalty ranging from 10% to 50% of their total illegal gains may be imposed simultaneously.

　　Article 45 If any departments， enterprises and institutions conduct measurement examination and determination with various standard measurement instruments of the highest class which have not passed the examination of the relevant administrative departments for measurement of the people's governments， they shall be ordered to stop using those instruments and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 46 If any units fail to apply for examination and determination for those measurement instruments which are subject to compulsory examinations and determination， or fail to conduct periodic examination and determination for other measurement instruments which are not subject to compulsory examination and determination， or send them to other agencies for periodic examination and determination or continue to use the instruments which have been rejected in examination and determination， they shall be ordered to stop using those instruments and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 47 If any units or individuals are engaged in manufacturing and repairing measurement instruments without Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments， they shall be ordered to stop their production and operation and to seal up for safekeeping the measurement instruments which have been manufactured and those which have been sent for repairing. The total amount of illegal gains shall be confiscated and a fine ranging from 10% to 50% of the illegal gains may be imposed simultaneously.

　　Article 48 Those who manufacture and market the new measurement products which have not passed model approval or prototype testing shall be ordered to stop manufacturing and marketing such products and seal them up for safekeeping. Their total amount of illegal gains shall be confiscated and a fine of 3，000 yuan or less may be imposed simultaneously.

　　Article 49 If the measurement instruments which have not been examined and determined or those instruments which have been rejected in examination and determination are allowed to leave the factory， the units or individuals manufacturing or repairing such instruments shall be ordered to withhold³¹ the same. The total amount of their illegal gains shall be confiscated； in more serious cases， a fine of 3，000 yuan or less may be imposed simultaneously.

　　Article 50 Those who sell imported measurement instruments which have not passed the examination and determination by administrative departments for measurement of the people's governments above provincial level， shall be ordered to stop the sales and seal up the instruments for safekeeping. The total amount of their illegal gains shall be confiscated and a fine ranging from 10% to 50% of the total sales earnings³² may be imposed simultaneously.

　　Article 51 Those who have caused losses to the State or consumers by using substandard measurement instruments or tampering³³ with measurement instruments and falsifying data shall be ordered to pay reparations for the losses. Their measurement instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously.

　　Article 52 Those who sell damaged and substandard spare parts and components³⁴ of measurement instruments shall be ordered to stop their business. The instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously； in more serious cases， the business licence shall be revoked³⁵ by administrative departments for industry and commerce.

　　Article 53 If any units or individuals manufacture， market or use certain measurement instruments for the purpose of cheating consumers， their instruments and total amount of illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously. If the deceit constitutes a crime， the persons directly responsible shall be investigated for their criminal liabilities according to law.

　　Article 54 If any individual industrial and commercial businesses manufacture and repair measurement instruments other than those prescribed by the State or are engaged in business at unauthorized places， they shall be ordered to stop manufacturing and repairing. The total amount of their illegal gains shall be confiscated and a fine of 500 yuan or less may be imposed simultaneously.

　　Article 55 If any agencies for examination of product quality which have not obtained certificates of measurement attestation provide notarization data for the public， they shall be ordered to stop their operations and a fine of 1，000 yuan or less may be imposed simultaneously.

　　Article 56 If any units or individuals forge， usurp³⁶ or traffic in seals or certificates for compulsory examination and determination， the seals and certificates and the total amount of the illegal gains shall be confiscated and a fine of 2，000 yuan or less may be imposed simultaneously. If crimes are committed in the course， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 57 If the personnel in charge of measurement supervision and administration break the law， neglect their duties or engage in self-seeking misconduct， they shall be given administrative sanctions when the circumstances are not serious. If crimes are committed， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 58 If the units responsible for design appraisement³⁷ and prototype instrument testing for new measurement products violate Paragraph 2， Article 20 of these Rules， they should pay for the losses sustained by the applicants and give administrative sanctions to the persons directly responsible in accordance with the relevant stipulations of the State. If crimes are committed， the persons concerned shall be investigated for criminal liabilities according to law.

　　Article 59 Any person in charge of measurement examination and determination who commits one of the following acts， shall be given administrative sanctions. If crimes are committed， he shall be investigated for criminal liabilities according to law.

　　（1） forging examination and determination data；

　　（2） causing losses to the party sending the instruments for examination as a result of the faulty data provided；

　　（3） violating the rules concerning measurement examination and determination in conducting the work；

　　（4） conducting examination and determination by using those standard measurement instruments which have not passed the relevant examinations；

　　（5） conducting measurement examination and determination without the required certificates.

　　Article 60 The administrative penalties stipulated³⁸ in these Rules shall be meted³⁹ out by administrative departments for measurement of the people's governments above county level. Penalties involving fines of more than 10，000 yuan should be submitted to the administrative departments for measurement of the people's governments above provincial level for decision. The confiscated illegal gains and fines must all be turned over to the state treasury⁴⁰.

　　The administrative penalties provided for in Article 51 of these Rules may also be decided⁴¹ by administrative departments for industry and commerce.

　　Chapter XI Supplementary⁴² Provisions

　　Article 61 The connotations of the following terms as used in these Rules are：

　　（1） “Measurement instrument” refers to a device， an instrument， a meter or a measuring tool which can be used to determine the measurement values of the measured objects directly or indirectly⁴³， as well as a standard matter used to unify⁴⁴ measurement values， which can be a datum measurement instrument， a standard measurement instrument and a working measurement apparatus⁴⁵.

　　（2） “Measurement examination and determination” refers to the work involved in evaluating the functions of the measurement instruments and determining if they are up to the standard.

　　（3） “Design appraisement” denotes the overall checking and examination of the functions of the prototype of a new measurement product.

　　（4） “Measurement attestation” denotes the examination and verification conducted by the government administrative departments for measurement of the capability⁴⁶ and reliability of the relevant technical agencies in measurement examination and determination and testing.

　　（5） “Agency for measurement examination and determination” refers to a relevant technical agency which undertakes measurement examination and determination.

　　（6） “Arbitrative examination and determination” refers to the measurement examination and determination and testing conducted with datum measurement instruments or public standard measurement instruments for the purpose of adjudication.

　　Article 62 These Rules shall also apply to the supervision and administration exercised by the People's Liberation Army and national defence departments of science， technology and industry over the measurement work which deal with matters outside the military setup.

　　Article 63 The procedures and scopes of administration and the symbols of the various seals， certificates provided for in these Rules shall be formulated⁴⁷ by the administrative department for measurement under the State Council.

　　Article 64 The right to interpret these Rules resides with the administrative department for measurement under the State Council.

　　Article 65 These Rules shall come into effect as of the date of promulgation

上一篇：中华人民共和国海关法（一） 下一篇：中华人民共和国计量法实施细则（一）