Laws and Regulations
Chinese Law
Source: Ministry of Commerce Website, PRC
REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON IMPORT AND EXPORT COMMODITY INSPECTION
Friday, October 23, 1992 Posted: 10:53 BJT (0253 GMT)
(Valid From:1992.10.23)
(Approved by the State Council on October 7, 1992 and promulgated by Decree No. 5 of the State Administration for Import and Export Commodity Inspection on October 23, 1992)
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II INSPECTION OF IMPORT COMMODITIES
- CHAPTER III INSPECTION OF EXPORT COMMODITIES
- CHAPTER IV SURVEY OF IMPORT AND EXPORT COMMODITIES
- CHAPTER V SUPERVISION AND CONTROL
- CHAPTER VI LEGAL RESPONSIBILITY
- CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity Inspection (hereinafter referred to as the Law of Commodity Inspection).
Article 2 The State Administration for Import and Export Commodity Inspection of the People’s Republic of China (hereinafter referred to as the State Administration for Commodity Inspection) shall be in charge of the inspection work of import and export commodities throughout the country.
Article 3 The import and export commodity inspection bureau and their branches (hereinafter referred to as the commodity inspection authorities) set up by the State Administration for Commodity Inspection in the provinces, autonomous regions and municipalities directly under the Central Government, as well as at ports and concentrating and distributing centres of import and export commodities shall be in charge of the inspection work of import and export commodities in the regions under their jurisdiction. The commodity inspection authorities are held responsible for inspection and surveying of the import and export commodities, administration and supervision over the quality and inspection work of import and export commodities.
Article 4 In the light of the need in the development of foreign trade, the State Administration for Commodity Inspection shall formulate, adjust and publish a List of Import and Export Commodities Subject to Inspection Enforced by the Commodities Inspection Authorities (hereinafter referred to as the List of Commodities) for those commodities which involve social and public interests.
Article 5 The statutory inspection on imports and exports by the commodity inspection authorities or inspection agencies designated by the State Administration for Commodity Inspection or commodity inspection authorities covers:
(1) inspection of import and export commodities included in the List of Commodities;
(2) hygiene inspection on the foods for export;
(3) testing and inspection on the performance and employment of the packages and containers for dangerous export goods;
(4) cargo worthiness inspection on such means of transportation as vessels’ holds and containers for carrying perishable foods and frozen goods for export;
(5) inspection of imports and exports to be conducted by the commodity inspection authorities according to relevant international treaties; and
(6) inspection of imports and exports to be carried out by the commodity inspection authorities as stipulated in other laws and administrative regulations.
Article 6 Hygiene inspection of imported and exported medicine, calibration of weighing and measuring instruments, supervision and inspection on the safety of imported and exported boilers and pressure vessels, survey of the ships (including offshore platform, main equipments and materials for the ships) and containers, inspection on airworthiness of aeroplanes (including the plane’s engine and equipment) and safety inspection on nuclear pressure-bearing equipment are to be undertaken by other inspection organizations according to the provisions of relevant laws and administrative regulations.
Article 7 The commodity inspection authorities may conduct random inspection of and exercise supervision and control over the import and export commodities other than those subject to statutory inspection.
With regard to the import and export commodities other than those subject to statutory inspection for which the commodity inspection authorities have issued inspection certificates as provided for in the foreign trade contract or as applied for by the consignees and consignors of the commodities, the commodity inspection authorities shall undertake inspection accordingly.
Article 8 Samples of imports and exports, gifts, non-trade exhibits and other non-trade articles may be exempted from inspection, unless otherwise stipulated by the State or specified in the foreign trade contract.
Those import and export commodities included in the List of Commodities having been found consistent in quality through inspection by the commodity inspection authorities, or having been certified in quality by the relevant foreign organizations approved by the State Administration for Commodity Inspection may be exempted from inspection upon application by the consignees, consignors or manufacturers of the goods and the approval by the State Administration for Commodity Inspection.
The specific measures for the exemption of import and export commodities from inspection shall be formulated by the State Administration for Commodity Inspection.
Article 9 The inspection on import and export commodities by the commodity inspection authorities covers quality, specifications, quantity, weight, packages, as well as safety and hygiene requirements.
Article 10 The commodity inspection authorities shall conduct inspection on import and export commodities according to the following standards:
(1) If the compulsory standards or other inspection standards which must be complied with are specified by laws or administrative regulations, the inspection shall be performed according to the standards as specified by laws and administrative regulations;
(2) In the absence of the compulsory standards or other inspection standards which must be complied with as specified by laws or administrative regulations, the inspection shall be performed according to the standards agreed upon in the foreign trade contracts; if the trade is conducted against the sample, the inspection shall be performed simultaneously according to the sample provided;
(3) In case the compulsory standards or other inspection standards which must be complied with as specified by laws or administrative regulations are lower than the standards agreed upon in the foreign trade contract, the inspection shall be conducted according to the standards agreed upon in the foreign trade contract. If the trade is conducted against the sample, the inspection shall be performed simultaneously according to the sample provided; and
(4) In the absence of compulsory standards or other inspection standards which must be complied with as specified by laws or administrative regulations, and in case inspection standards are either not agreed upon or agreed upon unclear in the contract, the inspection shall be conducted according to the standards of the manufacturing country, or relevant international standards or the standards designated by the State Administration for Commodity Inspection.
Article 11 Based on the need of foreign trade and inspection work, the State Administration for Commodity Inspection may formulate the sector standards for the methods in the inspection of import and export commodities.
Article 12 The inspection personnel of the commodity inspection authorities are allowed to undertake inspection assignments after they pass the qualification test and obtain certificates.
While performing their duties according to law, the inspection personnel shall be free from any illegal interference or obstruction.
CHAPTER II INSPECTION OF IMPORT COMMODITIES
Article 13 For import commodities subject to statutory inspection, the consignees must make registration for the import commodities with the commodity inspection authorities located at the port of discharge or the station of arrival, which shall affix a stamp indicating “registration accepted” on the Customs declarations.
The commodities shall be checked and released by the Customs against that stamp on the Customs declaration.
Article 14 For the import commodities of which the inspection sites are agreed upon in the foreign trade contracts or shipping contracts, the inspection shall be conducted at the said sites; in the absence of such agreement, the inspection shall be conducted at the port of discharge or the station of arrival or at the sites designated by the commodity inspection authorities.
For large-volumed commodities in bulk and perishable goods or for those commodities found damaged or deficient in quantity or weight during discharge, the inspection must be performed at the port of discharge or the station of arrival.
For the complete sets of equipment, machinery, electrical equipment and meters and instruments of which inspection must go along with their installations and trial performance and for the commodities which are difficult to be repacked after opening up for inspection, the inspection may be conducted at the sites of the consignees.
Article 15 For the import commodities subject to statutory inspection, the consignees, having made the registration, must apply to the commodity inspection authorities for inspection by presenting the contracts, invoices, packing lists, bills of lading and other necessary documents at the inspection sites designated within the specified time limits and the commodity inspection authorities shall conduct the inspection or organize the conduct of the inspection. Those commodities that have not undergone application and inspection are not permitted to be marketed or otherwise put to use.
For the import commodities other than those subject to statutory inspection which, however, shall be inspected by the commodity inspection authorities as agreed upon in the foreign trade contract, the procedures for application and inspection shall be followed as stipulated in the preceding paragraph.
Article 16 For the import commodities which already have been applied for inspection, the commodity inspection authorities shall complete the inspection within the time limit of claim. For those found up to standard, notices shall be issued about the results of inspection; for those found substandard or for those subject to inspection results by the commodities inspection authorities according to the agreement in the foreign trade contract, the inspection certificates should be issued respectively.
Article 17 The import commodities that are found not in compliance with the compulsory standards as stipulated by laws and administrative regulations or other inspection standards that must be complied with by the commodity inspection authorities shall undergo technical treatment under the supervision of the commodity inspection authorities; only those proved up to standard through re-inspection are permitted to be marketed or put to use. As for those which cannot undergo technical treatment or those found still not up to standard through re-inspection even after technical treatment, the commodity inspection authorities shall order the consignees to return or destroy the commodities.
Article 18 For complete sets of equipment and accessories found not up to standard through inspection, the commodity inspection authorities shall issue notices indicating “installation and use not allowed.” Those found up to standard through re-inspection by the commodity inspection authorities after technical treatment may be installed and used.
Article 19 Upon the arrival of import mobile vehicles, the consignees shall procure license-plates from the traffic control office on the strength of the inspection certificate for import vehicles issued by the commodity inspection authorities, and report to the commodity inspection authorities the vehicles’ condition 30 days prior to the expiration of the validity date of quality warranty for record.
Article 20 As to the import commodities subject to neither statutory inspection nor to that by commodity inspection authorities as agreed upon in the foreign trade contracts, the consignees shall receive the commodities through their own inspection in a way as stipulated in the contract. The commodity inspection authorities may supervise and urge the inspection-receiving of the consignees and conduct random and check- up inspection. In case the commodities are found substandard through inspection, for which a claim is to be lodged on the strength of the inspection certificate, the consignees shall apply in time to the commodity inspection authority at the locality for inspection and certification.
Article 21 For the import commodities found substandard through inspection or random and check-up inspection by the commodity inspection authorities with a claim already lodged with the foreign party for compensation, a sufficient quantity of the goods or samples shall be retained by the consignees provided that the commodities are not to be replaced or returned; while the commodities intended for replacement by or return to the foreign party must be well kept and may not be used until the settlement of the compensation case.
Article 22 If the import commodities are found damaged or short in quantity or weight during discharge at the port for which a claim for compensation is to be lodged, the consignees shall apply in time to the commodity inspection authority at the port for inspection and certification. The unloading unit shall discharge and store damaged goods separately.
Article 23 For those important import commodities and large sized complete sets of equipment involving the interests of the State and the people, or of fairly high value and technical sophistication, the consignees shall stipulate in the foreign trade contracts the clause to conduct initial inspection and supervise the manufacturing or loading in the exporting countries before shipment; and shall reserve the right of final inspection after the arrival of goods and the right for lodging a claim in the contract, and shall carry out the initial inspection and supervision over the manufacturing or loading as agreed upon in the contracts.
The competent departments of the consignees shall strengthen the supervision over the initial inspection, supervision of manufacturing or loading of imported commodities before shipment. The commodity inspection authorities, when necessary, may dispatch inspection personnel to take part in, or may organize the conduct of, the initial inspection and supervision over the manufacturing or loading before shipment.
CHAPTER III INSPECTION OF EXPORT COMMODITIES
Article 24 For export commodities subject to statutory inspection, the consignors shall apply to the commodity inspection authorities for inspection by presenting the contract and other relevant documents at the site and within the time limit specified by the commodity inspection authorities. The commodity inspection authorities shall conduct inspection or organize the conduct of the inspection.
For export commodities that are not subject to statutory inspection, but subject to inspection by the commodity inspection authorities as agreed upon in the foreign trade contract, the procedures for application and inspection shall be followed as stipulated in the preceding paragraph.
Article 25 For the export commodities already applied for inspection, the commodity inspection authorities shall complete the inspection within the time limit of not delaying the shipment. For those found up to standard through inspection, the commodity inspection authorities shall issue inspection certificates or releasing notices or shall affix stamps for releasing on the Customs declaration as specified.
With regard to the export commodities to be inspected at the production site while requiring a change of certification at the outbound port for export, the commodity inspection authority at the production site shall issue a certificate for the change of inspection certification as specified. The consignor shall apply to the commodity inspection authority at the port for check-up by presenting the said certificate and relevant documents within the specified time limit.
For those up to standard through inspection, the commodity inspection authority at the port shall issue its inspection certificates instead and the releasing notice or affix a releasing stamp on the Customs declaration.
Article 26 For export commodities other than those subject to statutory inspection, the commodity inspection authorities may carry out random inspection at regular or irregular intervals on the basis of the inspection by manufacturers and trade units.
Article 27 For the export commodities found up to standard through inspection by the commodity inspection authorities, the consignors shall apply for outbound shipping within 60 days from the date of issuance of the inspection certificates or releasing notices; for outbound fresh and live export goods, the consignors shall apply for shipping within the specified time limit. Any deferment in export requires the consignors to apply to the commodity inspection authorities for re-inspection.
Article 28 Enterprises manufacturing packing containers for dangerous goods for export must apply to the commodity inspection authorities for performance testing of the packing containers. Only those packing containers meeting the requirements through testing by the commodity inspection authorities with performance testing certificates procured shall be permitted for carrying dangerous goods.
Enterprises producing dangerous goods for export must apply to the commodity inspection authorities for employment testing of the packing containers. Only those packing containers for dangerous goods meeting the requirements through testing by the commodity inspection authorities with employment testing certificates procured shall be permitted to be employed for carrying dangerous goods for export.
Article 29 For such means of transportation as vessels’ holds and containers for carrying perishable foods and frozen goods for export, the carriers and stuffing units or their agents must, before shipment, apply to the commodity inspection authorities for inspection on fitness for carrying the goods in respect to conditions like cleanliness, hygiene, freezing efficiency, and sealing and tightness. Only those found up to the requirements with certificates procured shall be allowed for shipment.
Article 30 Export commodities subject to statutory inspection shall be released by the Customs against the certificates, notices or the releasing stamps affixed on the Customs declarations as prescribed in Articles 25, 28, and 29 of these Regulations.
Article 31 No commodities for export that are found substandard through inspection, check-up at the port or random inspection by the commodity inspection authorities shall be permitted for export.
CHAPTER IV SURVEY OF IMPORT AND EXPORT COMMODITIES
Article 32 The commodity inspection authorities, and the inspection agencies designated by the State Administration for Commodity Inspection or by the commodity inspection authorities and other inspection agencies approved by the State Administration for Commodity Inspection may accept the entrustment of the foreign trade interested parties, relevant units at home and abroad or foreign inspection agencies for surveying services of import and export commodities within the specified scope and may issue certificates of survey.
Article 33 The surveying services of import and export commodities include:
(1) quality inspection, quantity and weight survey, packaging survey and evaluation of weight tonnage of import and export commodities;
(2) supervision over loading and unloading of import and export commodities;
(3) stowage survey, damage survey, cargo damage survey, and average survey of import and export commodities;
(4) survey of the cargo worthiness of such means of transportation as vessels, wagons, vehicles, aeroplanes and containers for the shipping of export commodities;
(5) sealing of the vessels’ holds or tanks, hatch survey and millage measurement for the shipping of import and export commodities;
(6) survey of containers and containerized goods;
(7) estimation and determination of the value, classifications, quality, quantity and loss of the assets invested by the foreign business bodies relevant to import and export commodities;
(8) drawing and sealing of various kinds of samples;
(9) issuance of certificates of value and other surveying and inspection certificates; and
(10) other surveying services for import and export commodities.
Article 34 Upon the application of foreign trade interested parties, the commodity inspection authorities may undertake issuance of certificates of origin in connection with the General System of Preferences (G. S. P) and general certificates of origin according to relevant laws and administrative regulations.
Article 35 When foreign trade interested parties intend to apply to the commodity inspection authorities for survey services, they shall provide contracts, letters of credit and other relevant documents.
CHAPTER V SUPERVISION AND CONTROL
Article 36 The State Administration for Commodity Inspection and commodity inspection authorities shall exercise supervision and control over the inspection work conducted by the inspection agencies and personnel designated or accredited by the consignees, consignors, manufacturers, trading units, storage and transport units of the import and export commodities, the State Administration for Commodity Inspection and commodity inspection authorities.
Article 37 The State Administration for Commodity Inspection shall, in the light of the need, conclude quality certification agreements on import and export commodities with relevant foreign bodies. The commodity inspection authorities shall conduct quality certification for import and export commodities according to the relevant agreements or upon entrustment by relevant foreign bodies. For those import and export commodities and their manufacturers found qualified through certification, due certificates shall be issued, and the use of quality certification marks for import and export commodities shall be allowed. The specific measures shall be formulated by the State Administration for Commodity Inspection.
Article 38 In the light of the need, the State shall implement an import safety license and export quality license system for important import and export commodities involving safety and hygiene and their manufacturers. The specific measures shall be formulated by the State Administration for Commodity Inspection in conjunction with the relevant competent departments under State Council.
No import commodities subject to the import safety license system shall be allowed for import unless they have been granted an import safety license by the State Administration for Commodity Inspection.
No export commodities subject to the export quality license system shall be allowed for export unless they have been granted an export quality license by the State Administration for Commodity Inspection and the relevant departments under the State Council.
Article 39 The State shall implement a hygiene registration system for the foods for export and their manufacturers (including processing plant, slaughter-houses, storehouses and cold storage, similarly hereinafter). The specific measures shall be formulated by the State Administration for Commodity Inspection in conjunction with the relevant competent departments under the State Council.
Manufacturers of foods for export which are subject to a hygiene registration system shall apply to the commodity inspection authorities for hygiene registration; they shall not be allowed to produce, process or store foods for export unless they have obtained the approval from the State Administration for Commodity Inspection.
Manufacturers of goods for export which need overseas registration shall apply to the State Administration for Commodity Inspection for unified handling of the matter after they have gone through registration as stipulated in the preceding paragraph.
Article 40 Upon the application of manufacturers of goods for export or at the request of foreign parties, the commodity inspection authorities shall assess their quality assurance system. The specific measures shall be formulated by the State Administration for Commodity Inspection.
Article 41 In case the manufacturers of import and export commodities which have been approved to use certification marks or granted the import safety license, export quality license or certificates of hygiene registration are found not up to the specified requirements through re- examination, the commodity inspection authorities shall instruct them to make improvements within the specified time limit. If they still fail to meet the specified requirements beyond the time limit, their qualification for using the certification marks shall be canceled or their import safety license, export quality license or certificates of hygiene registration shall be rescinded subject to the approval by the State Administration for Commodity Inspection.
Article 42 In the light of the need of inspection work, the commodity inspection authorities may dispatch inspectors to the manufacturers of export commodities subject to statutory inspection to undertake supervision over the quality inspection of the export commodities before their release from the factories, to conduct examination and supervision over the production and testing conditions and quality assurance system of the manufacturers, and to conduct random inspection on raw materials, parts and finished products, packaging, marking, etc., used for the export commodities.
Article 43 The commodity inspection authorities may, in the light of the need, affix commodity inspection marks on the import and export commodities found up to standard through inspection; and carry out the sealing for the import and export commodities found up to standard or those that must be sealed. The making and issuance of the commodity inspection marks and seals shall be regulated by the State Administration for Commodity Inspection.
Article 44 The commodity inspection authorities or the inspection agencies designated or accredited by the State Administration for Commodity Inspection or commodity inspection authorities shall conduct sampling inspection of import and export commodities according to relevant stipulations. The relevant units shall recollect the remainder of the samples after the inspection within the specified time limit. In case they fail to recollect within the time limit, the inspection authorities have the right to dispose of the samples.
Article 45 When the inspection personnel of the commodity inspection authorities are conducting inspection, survey, supervision and control according to law at the manufacturers, construction sites, harbours, airports, railway stations and storehouses or on vehicles of transport, the units concerned shall provide necessary conditions for their work, including auxiliary manpower and appliances.
Article 46 The State Administration for Commodity Inspection and commodity inspection authorities may, in the light of the need of inspection work, accredit the qualified domestic and foreign inspection agencies to undertake the entrusted inspection on import and export commodities or testing on the designated commodities for quality licensing and certification and to undertake examination and assessment of the manufacturers. In case the accredited inspection agencies are found not up to the stipulated requirements upon re-examination, the State Administration for Commodity Inspection or commodity inspection authorities shall cancel their qualification for accredited status.
Article 47 The commodity inspection authorities may, in the light of the need, accredit the inspection personnel of relevant units to undertake designated tasks of inspection and assessment.
Article 48 Foreign organizations that intend to set up agencies for the inspection and survey of import and export commodities within China shall receive examination and obtain approval from the State Administration for Commodity Inspection. They are allowed to undertake entrusted inspection and surveying businesses for import and export commodities within the designated scope only after they have fulfilled the procedures for approval and registration according to relevant laws and administrative regulations; they shall be subject to the supervision and control of the State Administration for Commodity Inspection and commodity inspection authorities.
Article 49 In case an applicant for inspection of import and export commodities disagrees with the inspection results of a commodity inspection authority, the applicant may apply to the original commodity inspection authorities or to the higher commodity inspection authority for re-inspection within 15 days from the date when the inspection results are received, and the commodity inspection authority which accepts the re-inspection shall make a conclusion of re-inspection within 45 days from the date of receiving of the application for re- inspection. In case the applicant still disagrees with the conclusion of re-inspection, the applicant may apply to the State Administration for Commodity Inspection for re-inspection within 15 days from the date when the said conclusion is received. The State Administration for Commodity Inspection shall make within 60 days a conclusion of re-inspection which shall be the final.
CHAPTER VI LEGAL RESPONSIBILITY
Article 50 Those who violate the Law of Commodity Inspection or these Regulations by committing one of the following acts, depending on the seriousness of the case, shall be subject to the penalty of criticism by circular, warning or suspension of application for inspection, and may be imposed a fine of more than 1% and less than 5% of the total commodity value by the commodity inspection authorities:
(1) Marketing or using import commodities which are subject to statutory inspection without applying for inspection; or without permission exporting the commodities which are subject to statutory inspection without applying for inspection;
(2) Importing, marketing or using commodities subject to the import safety license system without obtaining import safety license or exporting commodities subject to export safety license system or hygiene registration system without obtaining export quality license or hygiene registration;
(3) Using the vessel’s holds or containers without possessing any certificate to prove their qualified conditions or found not up to the requirements through inspection for carrying the perishable foods or frozen goods;
(4) Providing or using the packing containers for exporting dangerous goods without undergoing survey by the commodity inspection authorities; and
(5) Any other acts of evading the statutory inspection of the commodity inspection authorities.
Article 51 Those who violate the Law of Commodity Inspection or these Regulations by committing one of the following acts, depending on the seriousness of the case, shall be subject to the penalty of criticism by circular, warning or suspension of application for inspection, and may be imposed a fine of more than 5% and less than 20% of the total commodity value by the commodity inspection authorities:
(1) Marketing or using the import commodities found by the commodity inspection authorities through inspection not up to the compulsory standards or other standards that must be complied with;
(2) Exporting the commodities found not up to the standard through inspection or random inspection by the commodity inspection authorities;
(3) Without authorization changing the samples drawn by the commodity inspection authorities or altering the quality, specifications, quantity, weight and packaging of the export commodities already inspected and found up to standard by the commodity inspection authorities;
(4) Without authorization changing or impairing the commodity inspection marks, seals or certification marks affixed by the commodity inspection authorities on the commodities and their packages;
(5) Providing or using the packaging containers already found by the commodity inspection authorities as substandard for outbound dangerous goods; and
(6) Applying to the commodity inspection authorities for inspection not according to the real conditions, obtaining the relevant certificates or documents from the commodity inspection authorities by cheating.
Article 52 For the export commodities already applied for inspection but subject to fake and shoddy goods, the commodity inspection authorities or the commodity inspection authorities in conjunction with relevant competent departments shall order the manufacturers and trade agencies to cease producing and exporting the goods; may have the goods concerned destroyed under supervision, and impose a fine less than the corresponding value of the export commodity concerned separately or concurrently.
Article 53 With regard to the acts listed in Article 50, 51 and 52 of these Regulations, if the circumstances are serious enough with ensuing heavy economic losses to constitute a crime, the personnel directly responsible shall be investigated for their criminal responsibility according to law.
Article 54 Those who falsify, re-make or illegally use commodity inspection certificates, documents, seals, stamps, marks, sealings and quality certification marks, or trade, erase or alter commodity inspection certificates, documents and marks, provided that the certificates have yet not been used for imports or exports, may be imposed a fine of more than 5,000 and less than 30,000 yuan (RMB) by the commodity inspection authorities; if the certificates have already been used for imports or exports, they may be imposed a fine less than the total value of the commodities by the commodity inspection authorities; if the circumstances are serious enough to constitute a crime, the personnel directly responsible shall be investigated for their criminal responsibility according to law.
Article 55 For any party that conducts inspection and surveying of relevant import and export commodities without the approval, designation or accreditation of the State Administration for Commodity Inspection or its authorized commodity inspection authorities, the commodity inspection authorities shall order it to stop the said operations. In addition, the said party may be imposed a fine less than three times the illegal gains.
Article 56 The parties that are imposed a fine shall make the payment to the designated bank within ten days after receiving the notice for payment of the fine from the commodity inspection authorities.
Article 57 In case a party does not agree with the penalty imposed by the commodity inspection authorities, it may, within 30 days after it receives the notice of penalty, apply to the commodity inspection authorities which have made the penalty decision or appeal to the higher commodity inspection authorities for re-consideration. If the party still disagrees with the decision of re-consideration, it may bring a suit before the people’s court within 30 days after the date it receives the notice of re-consideration decision.
If the party neither applies for re-consideration nor brings a suit, and fails to comply with the penalty decision, the commodity inspection authorities which have made the penalty decision shall apply to the people’s court for compulsory execution.
Article 58 The functionaries of the State Administration for Commodity Inspection and the commodity inspection authorities who abuse their power, practise graft or embezzlement, falsify inspection results or neglect their duties and delay the timely certification shall be subject to disciplinary sanctions by their respective or higher organizations; if the act of violation is serious enough to constitute a crime, the personnel directly responsible shall be investigated for their criminal responsibilities according to law.
In case of the above offences on the part of the inspection personnel of the inspection agencies designated or accredited by the State Administration for Commodity Inspection or commodity inspection authorities or their accredited inspection personnel, they shall be penalized as stipulated in the preceding paragraph.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 59 The commodity inspection authorities, when acting as the organs for the quarantine inspection of animal products for commercial export in accordance with the decision of the State Council, shall exercise quarantine inspection over export animal products in conformity with the provisions of the Law on the Entry and Exit Animal and Plant Quarantine.
Article 60 The State Administration for Commodity Inspection shall be responsible for the interpretation of these Regulations.
Article 61 These Regulations shall go into effect as of the date of promulgation.