Decision No. 196 of the General Administration of Quality Supervision, Inspection and Quarantine on Repealing and Amending Certain Regulations

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Recently, the **General Administration for Quality Supervision, Inspection and Quarantine issued a decision on repealing and amending certain regulations; 16 departmental regulations were repealed, and certain provisions of 16 other departmental regulations were amended. These decisions shall take effect as of the date of publication. **Order No. 196 of the General Administration of Quality Supervision, Inspection and Quarantine: **Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Repealing and Amending Certain Regulations**. The **Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Repealing and Amending Certain Regulations** was approved at the administrative meeting of the General Administration on February 23, 2018; it is now hereby promulgated and shall come into force as of the date of promulgation. Director-General, March 6, 2018 **Decision of the General Administration of Quality Supervision, Inspection and Quarantine on Repealing and Amending Certain Regulations In order to advance the reform of administrative procedures in accordance with the law, by combining decentralization with proper regulation and by improving services, the General Administration of Quality Supervision, Inspection and Quarantine carried out a comprehensive review of its departmental regulations. Following the review, the General Administration of Quality Supervision, Inspection and Quarantine decided as follows: 1. 16 departmental regulations shall be repealed, as detailed in Attachment 1. 　　II. Certain provisions of 16 departmental regulations have been amended; details are provided in Annex 2. 　　This decision shall come into force as of the date of its publication. 　　Appendix: 1. Departmental regulations decided to be repealed by the General Administration of Quality Supervision, Inspection and Quarantine 2. Departmental regulations decided to be amended by the General Administration of Quality Supervision, Inspection and Quarantine Appendix 1: Departmental regulations decided to be repealed by the General Administration of Quality Supervision, Inspection and Quarantine I. “Administrative Measures for Inspection and Quarantine of Feed for Exported Food Animals” (issued by the Inspection and Quarantine Bureau Order No. 5 on November 24, 1999) II. “Administrative Measures for Reviewers of Quality Licensing and Health Registration” (issued by the Inspection and Quarantine Bureau Order No. 15 on December 17, 1999) III. “Interpretations of the Standardization Law of the People’s Republic of China” (issued by the Technical Supervision Bureau Order No. 12 on July 23, 1990) IV. “Administrative Measures for Energy Standardization” (issued by the Technical Supervision Bureau Order No. 16 on September 6, 1990) V. “Administrative Measures for Administrative Law Enforcement Personnel in Technical Supervision” (issued by the Technical Supervision Bureau Order No. 27 on January 24, 1992) VI. “Administrative Measures for Arbitration Inspection and Product Quality Appraisal of Products” (issued by the Quality and Technical Supervision Bureau Order No. 4 on April 1, 1999) VII. “Regulations on Safety Supervision of Small and Atmospheric Pressure Hot Water Boilers” (issued by the Quality and Technical Supervision Bureau Order No. 11 on June 15, 2000) VIII. “Regulations on Quality Supervision and Safety Inspection of Special Equipment” (issued by the Quality and Technical Supervision Bureau Order No. 13 on June 29, 2000) IX. “Administrative Measures for China’s Famous Brand Products” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 12 on December 29, 2001, revised according to the General Administration of Quality Supervision, Inspection and Quarantine Order No. 124 on December 18, 2009) X. “Regulations on Administrative Penalties for Safety Inspection of Boilers, Pressure Vessels, Pressure Pipelines and Other Special Equipment” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 14 on December 29, 2001) XI. “Administrative Measures for Supervision and Management of the Manufacturing of Boilers and Pressure Vessels” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 22 on July 12, 2002) XII. “Regulations on the Management of the Green Channel System for Inspection and Quarantine of Exported Goods” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 50 on July 18, 2003) XIII. “Administrative Measures for Supervision and Management of Licenses for the Manufacturing and Repair of Measuring Instruments” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 104 on December 29, 2007) XIV. “Administrative Measures for the Classification of Enterprises Producing Export Industrial Products” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 113 on June 14, 2009) XV. “Administrative Measures for Supervision and Management of Motor Vehicle Safety Inspection Institutions” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 121 on October 13, 2009) XVI. “Administrative Measures for the Qualification of Equipment Supervision Units” (issued by the General Administration of Quality Supervision, Inspection and Quarantine Order No. 157 on April 28, 2014, revised according to the General Administration of Quality Supervision, Inspection and Quarantine Order No. 166 on August 25, 2015) Appendix 2: Departmental regulations decided to be amended by the General Administration of Quality Supervision, Inspection and Quarantine I. Amendments to the “Detailed Rules for the Implementation of Administrative Measures for the Supervision and Management of Imported Measuring Instruments in the People’s Republic of China” (Technical Supervision Bureau Order No. 44) (I) Delete Paragraph 2 of Article 24. 　　(II) Amendment to Article 30: “Those who, in violation of the provisions of these Implementing Rules, import or sell measuring instruments that use non-statutory units of measurement, or other measuring instruments prohibited from use by the State Council, shall be punished by the **measurement administrative department at or above the county level in accordance with the provisions of the Implementing Rules of the Measurement Law of the People’s Republic of China.” ”　　(III) Amendment to Article 31: “Those who import or sell measuring instruments that have not been approved in terms of design by the metrology administrative department of the State Council shall be punished by the **metrology administrative department at or above the county level in accordance with the provisions of the Measures for the Supervision and Administration of Imported Measuring Instruments of the People’s Republic of China.” ”　　II. Amendments to the Measures for the Administration of Isolation and Quarantine Nurseries for Imported Plant Propagation Materials (Order No. 11 of the Inspection and Quarantine Bureau) (1) Change “approve” in Article 2 to “designate”. 　　(II) An article shall be added after Article 4 as Article 5: The isolation conditions, facilities, instruments and equipment, personnel, and management measures of the quarantine nursery applying to carry out work on isolating imported plant propagation materials shall meet the requirements of quarantine. ”　　(III) Article 5 is renumbered as Article 6, and its first and second items are amended to read: “(1) To apply to become an isolation and quarantine nursery or a specialized nursery, a written application must be submitted in advance to the ** Inspection and Quarantine Bureau, along with supporting documents that meet the requirements of Article 5; those that pass the review will be designated as an isolation and quarantine nursery or a specialized nursery. 　　(II) To apply to become an isolation and quarantine nursery as a local nursery, a written application must be submitted to the competent inspection and quarantine authority 30 days prior to the introduction of plant propagation materials into the nursery, along with supporting documents that meet the requirements set out in Article 5. If the application is found to meet the requirements upon review, it may be designated as a local nursery. ”　　III. Amendments to the Measures for the Quarantine Control of Imported Cultivation Media (Order No. 13 of the Inspection and Quarantine Bureau): Article 13 is deleted. 　　IV. Amendments to the Provisions on Declaration for Entry-Exit Inspection and Quarantine (**Order No. 16 of the Inspection and Quarantine Bureau) (1) Article 6 shall be amended to read: “Declaration entities shall register with the inspection and quarantine authorities when handling business, and it shall be the declaration officers registered by such entities with the inspection and quarantine authorities who shall handle the declaration procedures.” ”　　(II) Delete Article 7. 　　(III) Article 11 shall be renumbered as Article 10, and the first item shall be amended to read: “**For goods subject to a licensing system, relevant certificates shall be provided.” Modify the third item to: “When declaring imported waste materials for inspection, a pre-shipment inspection certificate issued by an inspection and quarantine authority or another inspection agency must also be provided.” ； For materials that belong to the category of restricted waste, an import permit must be provided. 　　(IV) Article 13 is renumbered as Article 12, and the first item is amended to read: “**For goods subject to a licensing system, relevant certification shall be provided.” 　　V. Amendments to the Measures for the Supervision and Administration of Product Anti-counterfeiting (Order No. 27 of the General Administration of Quality Supervision, Inspection and Quarantine): Article 24 is deleted. 　　VI. Amendments to the Measures for the Supervision and Management of Metrology in Gas Stations (Order No. 35 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) In Item 2 of Article 5, the phrase “Metrology personnel at gas stations shall receive training on metrology-related knowledge organized by provincial quality and technical supervision departments and work with relevant certificates” shall be revised to “Metrology personnel at gas stations shall receive appropriate training on metrology-related knowledge”. Delete “or the inspection certificate for imported measuring instruments” from item 4 of Article 5. 　　(II) Change “having not obtained a metrology inspector certificate” in Item 3 of Article 7 to “lacking the capability for metrology inspection”. 　　(III) Delete Item 1 of Article 9 ； Delete “or those without an import meter verification certificate” and “confiscate the measuring instruments and all illegal gains” from Item 2 of Article 9” ； Modify the phrase in Item 5 of Article 9, “and shall be punished in accordance with Article 51 of the Implementing Rules of the Metrology Law of the People’s Republic of China”, to “and shall be punished in accordance with the relevant provisions of the Implementing Rules of the Metrology Law of the People’s Republic of China”” ； Delete the phrase \"In cases of serious circumstances, submit a request to the provincial economic and trade department and the administrative department for industry and commerce to revoke the gas station’s ‘Approval Certificate for Retail Sale of Refined Petroleum Products’ and business license\" from item 5 of Article 9. 　　VII. Amendments to the Measures for the Inspection and Quarantine of Ships Operating on International Routes (Order No. 38 of the General Administration of Quality Supervision, Inspection and Quarantine) Article 33 is amended to read: “Inspection and quarantine authorities shall implement a licensing system for entities that supply food and drinking water on ships, as well as those responsible for carrying out hygiene and pest control measures on ships.” ； A registration system is implemented for entities engaged in ship agency and ship supply services. Its employees shall receive training and assessment in accordance with the requirements of the inspection and quarantine authorities. ”　　VIII. Amendments to the Provisions of the People’s Republic of China on the Implementation of the Kimberley Process Certification Scheme (Order No. 42 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Delete Chapter II. 　　(II) Article 10 is renumbered as Article 7, and the phrases “its place of registration” and “registration certificate” thereon are deleted. 　　(III) Article 15 is renumbered as Article 12, and the phrases “its place of registration” and “registration certificate” are deleted therefrom. 　　IX. Amendments to the Measures for the Supervision and Management of Silkworm Cocoon and Silk Quality (Order No. 43 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Paragraph 1 of Article 4 shall be amended to read as follows: “The purchase of fresh silkworm cocoons and the processing of dried silkworm cocoons must meet basic quality assurance requirements (hereinafter referred to as **basic quality assurance requirements**). Those engaged in the purchase of fresh silkworm cocoons or the processing of dried silkworm cocoons must have the specified conditions in terms of facilities and environment, equipment and instruments, personnel, quality inspection standards, and internal quality assurance systems, and they must also be subject to supervision and inspection by professional fiber inspection agencies.” ” 　　Replace “the basic requirements for quality assurance conditions (hereinafter referred to as **basic quality assurance conditions**)” in Paragraph 2 of Article 4 with “**basic quality assurance conditions**”. 　　(II) Replace “review” in Paragraphs 1, 2, and 3 of Article 5 and Article 7 with “supervision and inspection”. 　　(III) Amend Article 6 to read: “After conducting inspections and supervision on the quality assurance conditions for the purchase of fresh silkworm cocoons and the processing of dried silkworm cocoons by professional fiber inspection agencies, such agencies shall issue an inspection and supervision report.” The format and content of the supervision and inspection report are uniformly established by the China Fiber Inspection Bureau. ”　　(IV) Amendment to Paragraph 5 of Article 8: “The specific measures for the notarized inspection of cocoon silk quality shall be formulated by the China Fiber Inspection Bureau.” ”　　(5) Amend Paragraph 2 of Article 9 to read: “The contents of supervision and inspection include, in addition to whether silkworm reeling operators meeting the requirements for purchasing fresh mulberry cocoons and processing dried mulberry cocoons possess the specified quality assurance conditions, whether such operators conduct instrumental evaluations when purchasing fresh mulberry cocoons as required ； Whether the quality, quantity of the cocoon silk, as well as its packaging and labeling, meet the **standards, local standards, and relevant regulations** without undergoing quality certification inspection ； Whether the labeling of the silk cocoons and the quality certificates match the actual products, etc. ”　　(VI) Replace “15 days” in Article 11 with “15 working days”, replace “5 days” in the first paragraph of Article 12 with “5 working days”, and replace “10 days” in the third paragraph of Article 12 with “10 working days”. 　　(7) Delete the phrase “In cases of serious circumstances, it is recommended that the qualification-awarding authority revoke their corresponding eligibility for silkworm cocoon procurement” from Article 21. 　　(8) Delete the phrase “In cases of serious circumstances, it is recommended that the qualification-awarding authority revoke their corresponding qualification for silk reeling” from Paragraph 1 of Article 22. 　　Delete the phrase “In cases of serious circumstances, it is recommended that the qualification-awarding authority revoke their corresponding approval for silk cocoon production” from Paragraph 2 of Article 22. 　　X. Amendments to the Measures for the Supervision and Management of Metrology in Eyeglass Manufacturing and Fitting (Order No. 54 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Delete Item 3 of Article 4. 　　(II) Change “having not obtained a metrology inspector certificate” in Item 3 of Article 8 to “lacking the capability for metrology inspection”. 　　(III) Delete Item 1 of Article 9 ； Delete the phrase in Item 2 of Article 9: \"In case of violation of Items (4) and (5) of Article 4 of these measures, namely the use of measuring instruments subject to mandatory inspection without proper registration and filing with the local county-level quality and technical supervision department, orders shall be issued to make corrections.\"” ； Delete “in violation of the provisions of item (6) of Article 4 of these measures” and “confiscate the measuring instruments and all illegal gains” from Item 3 of Article 9. 　　(IV) Delete “confiscate all illegal gains” from Item 2 of Article 10. 　　XI. Amendments to the Measures for the Inspection and Quarantine of Genetically Modified Products Entering and Leaving the Country (Order No. 62 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Delete Articles 12 and 13. 　　(II) Article 14 is renumbered as Article 12, and the phrase “and transit transfer permits” therein is deleted. 　　XII. Amendments to the Measures for the Assessment of Metrological Standards (Order No. 72 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Amend item 4 of Article 6 to read: “Assign at least two metrology verification or calibration personnel who possess the appropriate qualifications and meet the requirements of relevant metrological laws and regulations” ； ”　　Modify item 6 of Article 6 to read: “The stability of the measurement standard and the repeatability of the verification or calibration results meet the technical requirements.” ”　　(II) Amend Article 8 to read as follows: “To apply for the assessment of a new measurement standard, the entity applying for such assessment (hereinafter referred to as the applying entity) shall submit the following application documents to the quality and technical supervision department responsible for conducting the assessment: (I) 2 original copies of the application form for measurement standard assessment (reassessment), 1 original copy of the technical report on the measurement standard, as well as the electronic version thereof ； 　　(II) One copy each of the valid verification or calibration certificates for the measurement standards and the main associated measuring equipment, as well as copies of other technical documents that can demonstrate the corresponding measurement capabilities of the measurement standards ； 　　(III) 1 copy of the certification of the competence of the metrological verification or calibration personnel. ”　　(III) Amend Article 9 to read: “To apply for a re-evaluation of a measurement standard, the applying entity shall submit the following application documents to the quality and technical supervision department responsible for conducting the evaluation: (I) 2 original copies of the application form for measurement standard evaluation (re-evaluation) and 1 original copy of the technical report on the measurement standard, along with an electronic version ； 　　(II) One copy each of the valid verification or calibration certificates for the measurement standards and the main measuring equipment associated with them during the validity period of the certification for measurement standard assessment, as well as copies of other technical documents that can prove the measurement standards possess the appropriate measurement capabilities ； 　　(III) 1 copy of the copy of the “Application Form for Sealing (or Cancellation) of Measurement Standards” (if applicable) ； 　　(IV) 1 copy of the certification of the competence of the metrological verification or calibration personnel. ”　　(IV) Delete the phrase “A registration system shall be implemented for assessors of measurement standards” from Paragraph 3 of Article 12” ； Change “filing” in “**Registration and management by the General Administration of Quality Supervision, Inspection and Quarantine and provincial quality and technical supervision departments” to “carry out”. 　　(5) Replace “notification of the results of the assessment of measurement standards” in Article 15 with “decision not to grant administrative permission”. 　　(VI) Replace “revoke” in Article 16 with “cancel”. 　　(7) Change “6 months before the expiration of the validity period” in Article 17 to “6 months prior to the expiration of the validity period”. Change “Notice of the Results of the Metrological Standard Assessment” to “Decision to Deny Administrative License”. 　　(8) Change “notification of the results of the assessment of measurement standards” in Article 20 to “decision not to grant administrative permission”” ； Change “apply for administrative reconsideration in accordance with the law to the quality and technical supervision department responsible for conducting the assessment or to the quality and technical supervision department at the next higher level” to “apply for administrative reconsideration in accordance with the law to the people’s ** at the current level or to the quality and technical supervision department at the next higher level”. 　　(IX) Change “notification of the results of the assessment of measurement standards” in Article 21 to “decision not to grant administrative permission”. 　　(10) Delete Article 22. 　　13. Amendments to the Measures for the Supervision and Administration of Inspection and Quarantine of Aquatic Animals Exported (Order No. 99 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) In Article 1, replace “provisions of relevant laws and regulations” with “provisions of relevant laws, regulations and international treaties”. 　　(II) Amend Article 4 to read: “Where ** or certain regions require China to register the production, processing, and storage entities that export aquatic animals to them, the General Administration of Quality Supervision, Inspection and Quarantine shall implement a registration system for aquaculture farms and transit facilities that export aquatic animals.” ”　　XIV. Amendments to the Measures for the Inspection, Quarantine and Supervision of Vegetables Supplied to Hong Kong and Macao (Order No. 120 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Amend item 6 of Article 10 to read: “Full-time or part-time management personnel with basic knowledge of plant protection.” 　　(II) Amend item 4 of Article 11 to read: “Copy of the ID card of the person in charge or operator of the planting base.” 　　(III) Delete Item 6 of Article 11. 　　(IV) Amend Article 13 to read: “Where there is a change in the person in charge of the planting base, such person shall, within 30 days as of the date of the change, apply to the inspection and quarantine authority located at the site of the planting base to go through the procedures for updating the registration of the planting base.” ”　　(5) Amendment to Item 6 of Article 35 to read: “Failing to apply for recordation of the change within 30 days after a change occurs in the person in charge of the planting base.” 　　15. Amendments to the Measures for the Implementation of Administrative Licenses for Quality Supervision, Inspection and Quarantine (Order No. 149 of the General Administration of Quality Supervision, Inspection and Quarantine): Article 38 is amended to read as follows: “If the licensee applies for a replacement due to the loss or damage of the administrative license, the quality supervision department that grants the license shall process it in accordance with the contents of the original license (including the date of issuance), and shall not make any changes or extend its validity.” ”　　16. Amendments to the Measures for the Administration of Health Permits at Border Ports (Order No. 182 of the General Administration of Quality Supervision, Inspection and Quarantine) (1) Delete the phrases “health inspection reports on production water issued by qualified testing institutions” and “health inspection reports on water issued by qualified testing institutions” from Item 5 of Article 14. 　　(II) Delete item 7 of Article 15. 　　(III) Delete items 6 and 7 of Article 16. 　　In addition, the order of the provisions in the relevant regulations was adjusted accordingly. 　　The above 16 regulations are amended accordingly in accordance with this decision and are reissued