2019 August 20th Tuesday

§5 Penal Provisions

2015-08-21 Source:www.ccc-certificate.org.cn
< Font size: Big Standard Small >

49) Any uncertified CCC mandatory products, which left the factory, have been sold, imported or used in other business activities, are to be punished by the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine in accordance with Art. 67 of the Regulations on the Certification and Accreditation of the People’s Republic of China.

50) The certified products, which are not legally produced or sold, are punishable in accordance with art.2 and Kl.2 of Art.3 of Special Measures Adopted by the State Council for The Purpose of Enhanced Management of Food and Other Products.

51) In case of infringing Art.29, Cl.2 of the present regulations, products that do not meet the certification requirements but still leave the factory, or have been sold, imported or used in other business activities, shall be punished by the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine according to Art.67 of the Regulations on the Certification and Accreditation of the Peoples’ Republic of China.

52) In case that the attainment of the certificate for the non-applicability of the CCC duty violates Art.42 of the present regulations and is carried out by means of false statements, the provincial Administrations for Entry & Exit Inspection and Quarantine has to punish those illegalities in accordance with Article 67 of the Regulations on the Certification and Accreditation of the Peoples’ Republic of China.

53) The provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine have to prosecute any distortion, modification, rental, lending, and usage of others’ certificates, sale or transfer of allowances with a fine of 30,000 RMB.
Re-sale of CCC marking shall be prosecuted by the provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine with a fine of maximal 30,000 RMB.

54) Furthermore the following cases are to be prosecuted with a fine of max. 30,000 RMB:
• Breach of Art.13, Cl.1 of the present rules: non-compliance of the test pattern with the actual produced products;
• Violation of Art.24 of the present rules: CCC mandatory products are transported without application for certificate modification from the factory, sold, imported or used in other business activities;
• Violation of Art.25 of the present rules: CCC mandatory products are transported without application for certificate extension from the factory, sold, imported or used in other business activities;
55) The local technical supervision departments as agencies for export and import inspections have the following illegalities by a fine i H. v maximum penalize 20,000 RMB..:
• Violation of Art.23 of the present rules: non-compliance of certificate content with the labeling content;
• Violation of Art.32 of the present rules: illegal use of the CCC mark.

56) In the case of detected false, fraudulent, the truth outlying results, the CNCA has to withdraw the designation granted to the certification organizations, supervisory authorities and laboratories. Furthermore, the authorization of personnel involved shall be withdrawn as well. In case of crime, criminal responsibility shall be ascertained. If damage is caused, the compensation responsibility of the relevant personnel shall be ascertained.

57) In the following cases, the CNCA has to admonish the certification organizations, supervisory authorities and laboratories to improve and withdraw their designation in aggravating circumstances:
• Certification, inspection and testing activities have been practiced by exceeding the division;
• The certification services have been assigned;
• Certification bodies, inspection and testing activities have been exercised during the business suspension for rectification;
• The reorganization does not meet the prescribed requirements after the business suspension.

58) In case of abuse, irregularities, nepotism and dereliction of duty, an administrative penalty is to be imposed on the relevant personnel of the CNCA and provincial Quality and Technical Supervision Authorities and Administrations for Entry & Exit Inspection and Quarantine. In case of crime, the legal responsibility shall be ascertained.

59) Other illegalities must be made punishable according to relevant laws.

Contact