The General Administration of Quality Supervision, Inspection and Quarantine of the State The Decree of the General Administration of Quality Supervision, Inspection and Quarantine No. 76 The Measures for the Administration of Barcode for Commodity, which was deliberated and adopted in the executive meeting of the General Director of the General Administration of Quality Supervision, Inspection and Quarantine Li Changjiang May 30, 2005 The Measures for the Administration of Barcode for Commodity Chapter I General Provisions Article 1 This Measures is promulgated in accordance with relevant provisions of the state with a view to standardizing the administration of Article 2 The barcode for commodity as referred to in this Measures includes the number and barcode marks of retail commodity, non-retail commodity, The state adopts the international commonly used commodity number and barcode mark system to generalize the application of the barcode Article 3 The Measure applies to the registration, numbering, printing, application for and the administration of the barcode for commodity Article 4 The General Administration of Quality Supervision, Inspection and Quarantine of the State (hereinafter referred to as the AQSIQ) and Article 5 The company prefix is an important constituent of the barcode for commodity. Any entity or individual using the barcode for commodity Chapter II Registration Article 6 The manufacturer, seller and service provider that has obtained in accordance with law the business license and relevant legal business Where the subsidiary company of a group that has independent legal person status needs to use barcode for commodity, it shall apply Article 7 The applicant for the registration of company prefix (hereinafter referred to as the applicant) may apply for the registration of The applicant shall fill in the Registration Table for Members of China Barcode for Commodity System, produce business license or Article 8 The BANCC shall finish the preliminary examination of the applying materials as provided by the applicant within 5 workdays. With Article 9 With respect to the applying materials qualified in the preliminary examination, the ANCC shall finish the examination and approval Article 10 The applicant whose registration of company prefix has been approved will be granted the Certificate of Membership of China Barcode Article 11 The company prefix may not be registered under one of the following circumstances: (1) Where the business license or relevant legal business qualification certificate fails to be produced. (2) With respect to such institutions as the social organization, trade association, intermediate institution or entity, the company prefix (3) Any other circumstance in violation of laws, regulations or the Article of Association of EAN International. Article 12 The ANCC shall publish periodically the members of the system and the registered company prefix thereof. Chapter III Numbering, Design and Printing Article 13 The numbering, design and printing of barcode for commodity shall accord with the regulations of such state standard as the Barcode Article 14 The member of the system shall encode the number for commodity in accordance with relevant state standard and report the numbering Article 15 Where an enterprise designs the barcode for commodity, it shall adopt the barcode marks as provided for in such state standard as Article 16 The enterprise engaged in the barcode for commodity printing business may submit to working organ of barcode application for printing Article 17 The printing enterprise shall print the barcode for commodity in accordance with relevant state standard and assure the printing quality Article 18 The working organ of barcode encourages the members of the system and relevant entities to consign the printing enterprise with barcode Chapter IV Application and Administration Article 19 The member of the system possesses exclusive use rights over its company prefix, number for commodity and corresponding barcode for Article 20 The member of system may not transfer its company prefix and corresponding barcode for commodity for the use of others. Article 21 Any entity or individual that has not been verified and registered may not use the company prefix and corresponding barcode. Any entity or individual shall not use other barcode on the package of commodity to imitate barcode for commodity and shall not forge Article 22 Sellers shall actively adopt barcode for commodity. Where the commodity of the seller has not adopted the barcode for commodity, the The manufacturer shall not apply the barcode for shop to imitate the barcode for commodity. Article 23 Where a seller stocks commodities, it shall examine the System Membership Certificate corresponding to the barcode for commodity or Article 24 A seller shall not sell commodity that violates the provisions of article 21 . A seller shall not charge the commodity provider with shop-entry fees, shelve fees, information processing fees in the name of barcode Article 25 Where the commodity produced domestically adopts the barcode for commodity registered overseas, the manufacturer shall provide such Article 26 The AQSIQ and the SAC are in charge of the supervision of the barcode around the country and the local administrative authorities Article 27 All local administrative authorities in charge of quality and technology supervision shall cooperate actively with local governments Chapter V Extension, Change and Deregistration Article 28 The period of validity of a company prefix is 2 years. The member of the system shall conduct the extension formality in the BANCC at his locality within 3 months before the expiration Article 29 Where the information of the member of the system such as the name, address or legal representative is changed, the change formality Article 30 Where the member of the system stops using the company prefix, it shall conduct the deregistration formalities in the BANCC at his Article 31 Where the manufacturer, seller or service provider whose company prefix has been deregistered needs to use barcode for commodity, Article 32 Any entity or individual shall not use the deregistered company prefix and corresponding barcode without authorization. Article 33 The ANCC shall publish periodically the name of the enterprise whose membership status has been cancelled and the company prefix thereof. Chapter VI Legal Liability Article 34 The member of the system transferring his company prefix and corresponding barcode for commodity shall be ordered to set it right; Article 35 Where a company or individual uses the company prefix and corresponding barcode without verification and registration, or uses other Article 36 Where the distributed commodities are printed with the barcode that hasn’t been verified and registered or has not been recorded or Article 37 Where the seller charges the commodity provider with such unjustified fees as the shop-entry fee in the name of barcode for commodity, Article 38 The administrative punishment prescribed in this chapter shall be implemented by the local authority above county level in charge Article 39 Where the party concerned refuses to accept the administrative penalty, he may apply for administrative reconsideration or institute Article 40 The administrative authority in charge of quality and technology supervision shall strengthen the administration and supervision of Article 41 Where the state functionary engaging in the administration of barcode for commodity abuse his power or practice favoritisms and engages Chapter VII Supplementary Provisions Article 42 The meanings of following terms as referred to in this Measures are: Barcode for commodity consists of a group of regularly arranged bar, space and corresponding code thereof, and it is a logo indicating The number and barcode for retail commodity refers to the number and barcode logo that is encoded for commodity unit for the major The number and barcode for non-retail commodity refers to the number and barcode logo that is encoded for commodity unit for the purpose Logistic unit number and barcode refers to the number and barcode logo that is encoded for the temporary commodity package unit in Location number and barcode refers to the number and barcode logo that is encoded for the geographic location and functioning department Company prefix refers to the unique code that stands for the manufacturer in UPC system and is an important part of code for commodity. Commodity number refers to a group of numbers containing company prefix that carry out the global unique identification for retail Barcode for shop refers to the number and barcode logo that is encoded by the shop itself for convenient management of commodity in Article 43 The charge for barcode for commodity shall be implemented in accordance with relevant provisions of the state. Article 44 The power to interpret this Measures shall be vested in the AQSIQ. Article 45 This Measures shall be implemented as of October 1, 2005. The Measures for the Administration of Barcode for Commodities as promulgated |
The General Administration of Quality Supervision, Inspection and Quarantine of the State
2005-05-30