General Order No. 111, "Supervision and Administration of Import and Export Toy Inspection" 2009.3.2
No. 111

"Import and Export Toy Inspection supervision and management" has been May 30, 2008 General Administration of Quality Supervision, Inspection and Quarantine Bureau of Finance meeting, is hereby promulgated, September 15, 2009 shall come into force.
Secretary
March 2, 2009

Import and Export Toy Inspection Supervision and Administration

Chapter I General Provisions

The first toy to regulate the import and export inspection and supervision, strengthen the management of import and export of toys, to protect human health and safety of consumers, according to "Import and Export Commodity Inspection Law" and its implementing regulations and "the State Council on strengthening food and product safety supervision and management of special provisions "and other relevant provisions of the development of this approach.

Article 2 The State General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) Import and Export Toy Inspection charge of the national supervision and management.

State Administration of Quality Supervision, Inspection and Quarantine in parts of the body (hereinafter referred to as inspection and quarantine institutions) is responsible for import and export of toys within the inspection area supervision and management.

Article The test must be implemented for the inclusion of import and export catalog (hereinafter referred to as directories) and legal and administrative regulations to import and export inspection and quarantine institutions toy inspection and supervision. Import and export inspection and quarantine agencies and toy production, enterprises should comply with these measures.

Inspection and quarantine agencies outside of the directory import and export of toys in accordance with the provisions of the AQSIQ to implement random testing.

Imported toys in accordance with Article IV of our national technical specifications of the mandatory requirements for the inspection.

Toy exports by importing country or region of the technical regulations and standards for the inspection, such as trading parties agreed technical requirements than technical regulations and standards, in accordance with the agreed requirements for the inspection. Importing country or region of the technical regulations and standards of defined, according to China's national technical specifications called for the implementation of mandatory testing.

Intergovernmental agreement has been signed, the agreement shall be in accordance with the requirements for the inspection.

Article export toy manufacturers toy exports should be registered before being engaged in export production and export of toys.

The State Administration of Quality Supervision of the defects could cause harm to children's toys recall the implementation of import and export supervision and management.

Chapter test imported toys

Article imported toys consignee or its agent in the process of inspection, it should be in accordance with "entry-exit inspection and quarantine inspection rule" fill out the entry of goods inspection form, provide relevant documents. The inclusion of compulsory product certification directory of imported toys should also provide a copy of mandatory product certification.

Article inspection and quarantine authorities inclusion of compulsory product certification directory of imported toys, according to "import licensing system for civilian goods immigration verification management approach," the implementation of the requirement verification management.

Not included in the mandatory product certification directory of imported toys, the inspection is to provide import and export toy testing laboratories (hereinafter referred to as toy lab) issued by a qualified test reports, inspection and quarantine agencies to provide the relevant inspection documents and whether the goods meet the audit.

For failure to provide test reports or audited find relevant documents and the goods do not match, it should be implemented on-site inspection of the goods and toys sent to the laboratory test sample.

Article IX of imported toys have passed the test, inspection and quarantine inspection certificate issued by the agency.

Article toys imported by the unqualified, issued by the inspection and quarantine inspection and quarantine institution processing notice. Involving personal and property safety, health, environmental protection projects failed, the parties shall be ordered by the inspection and quarantine authorities returned or destroyed; other projects failed, in the inspection and quarantine institutions under the supervision of technical processing, the re-inspection, before sale or use.

Article 11 The domestic market imported toys, their security, in line with our use of the logo should be a mandatory requirement for the safety of toys.

Chapter exports of toys tested

Article XII of toys for export inspection, the inspection shall truthfully fill in single-exit inspection of goods, except in accordance with "entry-exit inspection and quarantine inspection requirement" to provide relevant materials, should also provide the following materials:

(A) "Export Toy Registration Certificate" (copy);

(B) the goods meet the importing country or region of the standards or technical regulations of the statement. Importing country or region of the technical regulations and the lack of defined standards, to provide the goods meet the technical specifications of our national mandatory requirements of the statement;

(C) toy lab test report issued;

(D) the provisions of the AQSIQ and other materials.

Article XIII of the inspection and quarantine agencies in accordance with the provisions of Article 4 of the Measures on the export of toys for the inspection.

Toy export inspection and quarantine institutions shall be implemented by the origin inspection. Toy exports passed the test, the origin of inspection and quarantine agency issued the replacement voucher; port inspection and quarantine agencies in inspection, port inspection and quarantine agencies directly issued by the Customs Clearance of export goods. Export toy by the unqualified, unqualified notice issued.

Article XIV toy export inspection and quarantine institutions by origin after passing inspection, the consignor shall be held within the period specified in the renewal of vouchers, to the port inspection and quarantine authorities for inspection. Upon inspection, qualified by the port inspection and quarantine agencies to issue Customs Clearance of goods. Certificate does not match the goods, may not be exported.

Not export or the inspection period changes in the test period and the importing country or region requires a different test should be to re-inspection and quarantine institution.

Article XV export toy manufacturers should strengthen the toy products, parts or part of the sub-process quality control and management. Subcontracting or outsourcing to obtain export of toys from the toy should be registered enterprises.

Article XVI of the export toy enterprises should establish a perfect quality control system, its operation is to obtain the export of toys should be registered exports of toys produced by manufacturers of toys.

Article XVII toy exports, enterprises should establish and implement a system for incoming inspection and acceptance, review by suppliers, subcontractors, business qualifications, verification of certificates and product identification products, and the establishment of product purchase account, to accurately record the product name , specifications, quantities, suppliers, subcontractors and their contact information, purchase time, and so on.

Article 18 The export toy manufacturers should be minimal in the export sales of toy or its packaging marked location on the export of the toy business registration certificate number, the specific measures shall be formulated.

Chapter IV Registration

Article 19 The inspection and quarantine institutions included in the directory of export toys, according to the implementation of relevant provisions of the AQSIQ registered.

Diershitiao toy manufacturers export inspection and quarantine institutions shall apply to the local toy export registration, and submit the following information:

(A) "application for registration of export toys";

(B) "business license" (copy);

(C) the application for registration of the first pieces of toy product name, photo, number, test report, the use of raw materials, production processes and toys intended for export to countries or regions, etc.. The use of special chemical substances, chemical substances must also provide security analysis table or toxicological tests or the agency assessment report; are OEM products, brands should also provide confirmation of product design and brand production enterprise authorized supporting documents, etc.;

(D) of the basic situation of enterprises (including: plant layout, plant layout, process flow diagrams, product description and use of raw materials, etc.);

(E) and the production of export products to adapt to professional and technical personnel and production conditions, equipment, capabilities, test methods and other documents;

(F) and the production of export products to adapt to technology, technical documents;

(Vii) quality management system documents (ISO9000 quality management system has been certified copy of the certificate should be provided);

(H) product line intended for export to countries or regions relevant laws, regulations, standards and requirements of the statement;

(I) inspection and quarantine agencies request additional information.

Paragraph (c) the information listed has changed, the toy manufacturer shall promptly submit to the inspection and quarantine institution after the change of the material.

Twenty-one export toys registration, shall comply with the product type test and production quality management system audit qualified two conditions.

Article 22 The export of toys that meet the requirements of registration, inspection and quarantine authorities issued a "toys for export registration certificate", certificate valid for three years.

Type test of the product categories failed, should be required for corrective actions, the re-sampling inspection, only to be registered.

The production quality management system audit failure, it shall require the enterprises for rectification, and rectification reports and evidence submitted by the re-examination of qualified before to be registered.

Chapter Supervision and Administration

Article 23 The export inspection and quarantine agencies in accordance with toy manufacturers of industrial products export enterprise management approach to the implementation of category management.

Article 24 The export of the toy manufacturers of raw materials used in high-risk purchase account management should be implemented.

Article 25 The inspection and quarantine agencies shall export toy production and business enterprises to implement supervision and management, supervision and management including: enterprise quality control process; companies in raw materials, product design, production technology, processing and outsourcing products and safety and quality of critical control points; enterprises to use raw material situation; companies are using paint, additives, raw materials purchase high-risk accounting and so on.

Article 26 The inspection and quarantine authorities of the following circumstances toy production and business enterprises focus on supervision and management:

(A) the enterprise security and effective quality control system can not run;

(B) the occurrence of foreign early warning notification or recall, inspection and quarantine agencies investigating the incident returned indeed corporate responsibility;

(C) the export of toys by lot testing for 2 times, or six months a total of 3 times a security project unqualified;

(D) of imported toys in the sales and use of safety and quality defects are found, or the occurrence of events related to safety and quality, did not seek or take the initiative to the State Administration of Quality Supervision, Inspection and Quarantine of agency reports and cooperate with the investigation;

(E) violation of quarantine laws and regulations subject to administrative penalties.

Article 27 focused on the implementation of supervision and management of enterprises, inspection and quarantine authorities tightened the management of the enterprise, the enterprise's import and export products to increase the sampling ratio, the period is generally six months.

Article 28 The AQSIQ toy laboratory for the implementation of supervision and management. China Toy laboratory should be through the National Accreditation Board for Conformity Assessment (CNAS) of accreditation and the State Administration of Quality Supervision specified.

AQSIQ for the occurrence of accidents in toy testing laboratories, to suspend its test qualification, order rectification, rectification requisite recovery; the circumstances are serious, the abolition of the designated laboratory qualifications.

Article 29 The import and export of toys, the consignee or consignor of the inspection and quarantine inspection agency issued disagrees with the results, which could be "re-import and export commodities inspection measures" apply for re-inspection.

Article 30 The AQSIQ's import and export toy recalls supervision and administration.

Imports into the domestic market of defective toys, imported toys operators, brands should take the initiative to recall; not take the initiative to recall, a recall order by the AQSIQ.

Operators of imported toys, toy brands and export production operators, brands of toys provided informed of possible defects, should be investigated to confirm the product quality and safety risks, and within 24 hours report to the local inspection and quarantine institutions. Implementation of the recall should be made and kept a complete record of the recall, and recall the time frame for completion within 15 working days after the expiry to the State Administration of Quality Supervision Inspection and Quarantine Bureau directly under the seat and submit recall summary.

Exports of toys have been recalled in foreign countries, notification or safety and quality issues, and its production operators, brands, inspection and quarantine institutions shall report to the relevant information.

Chapter VI Legal Liability

第三十一条 unauthorized sale of untested imported toys, or unauthorized sale shall be applied without application of import verification of imported toys from the inspection and quarantine agencies shall confiscate the illegal income, impose a value of more than 20% of the amount of 5% of the fine.

Article 32 The export without the export of toys untested by the inspection and quarantine agencies shall confiscate the illegal income, impose a value of more than 20% of the amount of 5% of the fine.

Article 33 of the unauthorized sale of toys imported by the unqualified, or export by the unqualified toy, by the inspection and quarantine agencies ordered to stop selling or exports, shall be confiscated and the illegal sale or export of toys, and impose illegal sale or The value of toys exported more than 3 times the equivalent amount of a fine.

Article 34 The import and export of toys consignee, consignor, agent inspection companies, express operators, inspection personnel did not truthfully provide the real situation of import and export of toys, inspection and quarantine agencies to obtain relevant certificates, or to avoid testing by the inspection and quarantine authorities confiscate the illegal income, impose a value of more than 20% of the amount of 5% of the fine; the circumstances are serious, and to withdraw its registration inspection, inspection practitioners registered.

Import and export of toys, the consignee or consignor the agency inspection companies, operating companies for express entry and exit inspection procedures, not in accordance with the provisions of the agency inspection companies, operating businesses express immigration inspection of the matters entrusted to the real situation , inspection and quarantine agencies to obtain relevant certificates, and the principal in accordance with the preceding paragraph shall be punished.

Agency inspection business, immigration express operators, inspection personnel on the authenticity of the information provided by the client is not a reasonable review of work or because of negligence, fraud lead to relevant certificates of inspection and quarantine institutions results from the inspection and quarantine agencies agency inspection companies, immigration express companies operating more than 20,000 yuan fine of 200,000 yuan; the circumstances are serious, and to withdraw its registration inspection, inspection practitioners registered.

Article 35 of the forge, alter, buy, sell or theft of inspection and quarantine certificates, stamps, signs, seals, Customs Clearance of goods or the use of forged or altered inspection and quarantine certificates, stamps, signs, seals, Customs Clearance of goods, by the inspection and quarantine agencies shall order rectification, confiscate the illegal income, impose a fine of the equivalent value of goods; constitutes a crime, be held criminally responsible.

Article 36 The export inspection and quarantine institution found that toy manufacturers will not meet the statutory criteria, requirements, continue to engage in production and business activities, suspension of export of the toy business registration certificate.

Article 37 The inspection and quarantine institutions exchange without taking samples or inspection of import and export inspection and quarantine institutions of toys, by the inspection and quarantine department shall order correction, given a warning; the circumstances are serious, and impose more than 10% of the value of 50% of the amount of fine .

Article 38 does not get registered exports of toys, by the inspection and quarantine agencies ordered to stop exports, confiscate the illegal income, impose a value of more than 50% of the amount of 10% fine.

Article 39 of the unauthorized exchange, damage inspection and quarantine institutions Gasch sign, seal, and the inspection and quarantine institutions at 50,000 yuan.

Article 40 The import and export of our country's toy manufacturers, operators, brands, one of the following circumstances, inspection and quarantine agencies can be given a warning or a fine of NT $ 30,000:

(A) on the export of toys in the importing country or region do not report quality and safety incidents to hide and cause serious consequences;

(B) the inspection and quarantine institutions shall report to the defective toys, but not reported;

(C) should be recalled for refusing to recall defective toys.

Article 41 inspection and quarantine agencies abuse their powers, deliberately making things difficult for the parties, corruption, falsification of inspection and quarantine results, or negligence, delay in issuance of certificates shall be given administrative sanctions, confiscate the illegal income; constitute a crime shall be criminal prosecution.

Article 42 violation of the provisions, constitutes a crime, be held criminally responsible.

Chapter VII Supplementary Provisions

Article 43 The term first product is mass-produced toys, pre-trial production of the product. First product of the structure or use the key of raw materials, production processes and other changes occur, as the first pieces of different products.

The term refers to the product lot testing export inspection and quarantine agencies in accordance with enterprise management products category, according to the inspection provisions of the ratio of exports-site inspection and sampling to the laboratory testing.

Article 44 These Measures shall be interpreted by the AQSIQ.

Article 45 These Measures September 15, 2009 shall come into force.