Interpretation of "Measures for the Supervision and Administration of Testing & Inspection agencies"
The State Administration for Market Regulation formulated and published the "Measures for the Supervision and Administration of Testing & Inspection agencies" (hereinafter referred to as the "Measures") on April 8. The purpose of formulating the measures is to further clarify and refine detail provisions and measures on establishing the main responsibility and behavior of Testing & Inspection agencies in existing laws and regulations; to strengthen the systematic supervision of inspection and testing, and to standardize the development of the inspection and testing industry. The "Measures" will be officially implemented on June 1, 2021.
The newly released measures mainly include following contents:
1. The “Measures” emphasizes that Testing & Inspection agencies and their personnel should be responsible for the issuing inspection and testing reports, and, in accordance with the Civil Code, Product Quality Law, Food Safety Law, and Article 229 of the Criminal Code "Crimes of Presenting False Documents" and "Crimes of Major Misrepresentation of Proof of Documents" such institutions and personnel should be held administrative responsibilities according to law, along with civil and criminal responsibilities in comply with the law.
2. The “Measures” supplements and refines the newly revised "Administrative Measures for the Qualification Accreditation of Testing & Inspection agencies" and the newly released "Administrative Measures for the Supervision and Management of Testing & Inspection agencies". It further regulates the behavioral norms of Testing & Inspection agencies after obtaining qualification permission. It clarifies the regulations that are related to the standardization and neutrality of inspection and testing activities which includes basic requirements for a variety of factors such as inspection and testing activities, personnel, process, sample testing specifications, subcontracting, report form, record keeping, confidentiality, social responsibility, and administrative management etc.
3. Article 13 of the "Measures" lists four types of false inspections, and Article 14 lists five types of false inspections. It demonstrates that the “Measures” has gained experience from previous supervision and law enforcement, and it will prioritize tackling false inspection and testing by making it its most important legislative mission.
4. The "Measures" reorganizes the system and supervisory powers of inspection and testing, and stipulates a variety of new supervision methods. It emphasizes the use and transition of credit supervision methods, stipulates that market supervision departments should incorporate credit information such as administrative punishment information of Testing & Inspection agencies into platforms such as the national enterprise credit information publicity system. The “Measures” also promotes the collection and publicity of credit information for inspection and supervision, which provides a basis for the future inclusion of inspections and inspections of violations into the list of business abnormalities and the list of serious violations.
5. In the case of violation on obligatory regulations of Testing & Inspection agencies, the "Measures" adopts different administrative management methods by distinguishing different levels of risks and hazards. It will combat and punish false inspections lawfully and harshly, urges the correction of serious violations of laws and regulations, and prompts the correction of general violations.