Decree of the State Administration of Quality Supervision, Inspection and Quarantine
No. 93 The Provisions for Administering the Processes for the Nullification of Production Licenses for Industrial Articles have been deliberated December 31, 2006 Provisions for Administering the Processes for the Nullification of Production Licenses for Industrial Articles Article 1 For the purpose of regulating the processes for the nullification of production licenses for industrial articles, protecting the Article 2 These Provisions shall apply to the implementation of the processes for the nullification of production licenses for industrial articles. The term “industrial articles” as mentioned in these Provisions refers to the articles (including food and related articles) specified The term “processes for the nullification of a production license” as mentioned in these Provisions refers to the procedure in which Article 3 The implementation of the processes for the nullification of production licenses shall follow the principles that the facts are clear Article 4 The supervisory department of quality and technology at each level shall withdraw, revoke and terminate production licenses and handle Chapter II Withdrawal and Revocation of Production Licenses Article 5 A decision on withdrawal of the production license shall be made under any of the following circumstances: (1) The law, regulation or rules on the basis of which the production license is granted are revised or repealed, and thus the item under (2) The actual circumstance on which the production license is based has been materially changed, and thus the production license is terminated; (3) The articles licensed for production are listed into the catalogue of articles to be phased out by the state or whose production is (4) Other stations under which the production license shall be withdrawn according to law. Article 6 A decision on revoking the production license shall be made, in case a licensee is under any of the following circumstances: (1) The licensee obtains the production license by means of fraud, offering bribery or in other foul means; (2) The licensee has obtained the production license but is unable to consecutively maintain the necessary conditions, and fails to make (3) Other circumstances under which the production license shall be revoked according to law. In case a licensing authority or any licensing functionary is under any of the following circumstances, sanctions shall be imposed (1) making a decision on granting the production license by abusing its/his power or by neglecting its/his duties; (2) making a decision on granting the production license by exceeding the statutory power; (3) making a decision on granting the production license with violation of the statutory processes; (4) granting a production license to an applicant who is unqualified or who fails to satisfied the statutory requirements; or (5) other circumstances under which the production license may be revoked according to law. In case the revocation of a production license according to the preceding two paragraphs might bring on major damages to public interests, Article 7 The withdrawal or revocation of a production license shall be decided on by the supervisory department of quality and technology The supervisory department of quality and technology at a higher level may revoke the production licenses granted by the departments Article 8 In case the supervisory department of quality and technology at any level finds any circumstance under which a production license Article 9 The supervisory department of quality and technology shall, before making a decision on withdrawing or revoking a production license, The supervisory department of quality and technology shall verify the statements and arguments put forward by the licensee and adopt Chapter III Termination of Production Licenses Article 10 A decision on revocation of the production license shall be made, in case a licensee is under any of the following circumstances: (1) The licensee fails to indicate the mark or serial number of the production license on the articles, packages or instructions according (2) The licensee leases, lends or transfers its license certificate, mark or serial number of the production license, and the circumstance (3) The articles are found to be unqualified from the supervision and spot check conducted by the administrative department at the national (4) Other circumstances under which the production license shall be terminated according to law. Article 11 An administrative penalty decision on terminating a production license shall be made by the supervisory department of quality and Article 12 In case a supervisory department of quality and technology at any level finds any circumstance under which the licensee’s production Article 13 Before making an administrative penalty decision on terminating a production license, the supervisory department of quality and technology In case the licensee requires a hearing within the provisioned time limit, the hearing shall be held according to the related rules Article 14 After the licensee’s statements and arguments are heard or after the hearing ends, in case the supervisory department of quality The supervisory department of quality and technology that grants the production license shall make a reply according to the related The supervisory department of quality and technology at the place where the licensee is located shall, in accordance with the reply Chapter IV Handling of the Nullification Processes Article 15 Where any of the following circumstances arises, the processes for the nullification of the production license shall be gone through (1) The production license is withdrawn, revoked or terminated according to law; (2) The valid term of the production license has expired but is not extended; (3) The licensee has been terminated according to law; (4) The item in the production license is unable to be carried out because of force majeure; or (5) Other circumstances as provisioned in any law or regulation under which the production license shall be nullified. Article 16 In case e a production license is withdrawn, revoked or terminated according to law, the supervisory department of quality and technology Article 17 In case a production license shall be nullified owing to any other circumstance, the supervisory department of quality and technology Article 18 The supervisory department of quality and technology that grants production licenses shall be responsible for announcing the name Chapter V Supplementary Rules Article 19 In case a supervisory department of quality and technology or any staff thereof is violates any law, regulation or rule in the withdrawal, Article 20 The legal affairs office and the administrative supervision office of the supervisory department of quality and technology shall Article 21 In case, after a production license is nullified, the licensee continues its production, the supervisory department of quality and Article 22 The State Administration of Quality Supervision, Inspection and Quarantine shall be responsible for the interpretation of these Provisions. Article 23 These Provisions shall go into effect as of March 1, 2007. |
The State Administration of Quality Supervision, Inspection and Quarantine
2006-12-31