Chapter III Liability and Obligation of Producers and Sellers in Respect of Product Quality
Section 1 Liability and Obligation of Producers in Respect of Product Quality
Article 26 Producers shall be liable for the quality of the products they produce. The products shall meet the following quality requirements:
(1) constituting no unreasonable threats to personal safety or safety of property, and conforming to the national standards or the sectoral standards for ensuring human health, personal safety and safety of property, where there are such standards;
(2) possessing the properties as required, except for those with directions stating their functional defects; and
(3) conforming to the product standards marked on the products or on the packages thereof, and to the quality conditions indicated by way of product directions, samples, etc.
Article 27 Marks on the products or on the packages thereof shall be authentic and meet the following requirements:
(1) with certificate showing that the product has passed quality inspection;
(2) with name of the product, name and address of the producer, all marked in Chinese;
(3) with the necessary indications in Chinese regarding the specifications and grade of the product, the main ingredients and their quantities contained in the product, where such particulars are required to be indicated according to the characteristics and the instructions for use of the product; with the indications on the package of information necessary for consumers to know in advance, or providing consumers in advance with documents indicating such information;
(4) with production date, safe-use period or date of expiry clearly indicated in easily spotted areas if the product is to be used within a time limit; and
(5) with a warning mark or statement in Chinese for a product which, if improperly used, may cause damage to the product itself, or may endanger personal safety or safety of property.
Food products without package and other non-packed products which are difficult to be marked due to their special nature may dispense with product marks.
Article 28 The packages of dangerous products, such as fragile, inflammable, explosive, poisonous, corrosive, radioactive products, of products that should be kept upright during storage and transportation, and of other products with special requirements shall meet the necessary requirements in respect of their quality and carry warning marks or statements in Chinese indicting directions for storage and transportation, as required by relevant State regulations.
Article 29 No producer may produce any product that has been eliminated by State orders.
Article 30 No producer may forge the origin of a product, or forge or illegally use another producer’s name and address.
Article 31 No producer may forge or illegally use another producer’s authentication marks or other product quality marks.
Article 32 In producing products, no producer may mix impurities or imitations into the products, or substitute a fake product for a genuine one, a defective product for a high-quality one, or pass a substandard product off as an up-to-standard one.
Section 2 Liability and Obligation of Sellers in Respect of Product Quality
Article 33 A seller shall establish and practise a check-for-acceptance system for replenishment of his stock, and examine the quality certificates and other marks.
Article 34 A seller shall adopt measures to keep the products for sale in good quality.
Article 35 No seller may sell products which are eliminated and the sale of which is stopped by State organs, or expired and deteriorated products.
Article 36 The marks of a seller’s products shall conform to the provisions of Article 27 of this Law.
Article 37 No seller may forge the origin of a product, or forge or fraudulently use another producer’s name and address.
Article 38 No seller may forge or fraudulently use another producer’s authentication marks or other product quality marks.
Article 39 In selling products, no seller may mix impurities or imitations into the products, or substitute a fake product for a genuine one, a defective product for a high-quality one, or pass a substandard product off as an up-to-standard one. Chapter 4