Compliance Risk Analysis of the Use of CCC Mark in the Circulation Field
Date:2022/4/22 Clicks:703
Compliance Risk Analysis of the Use of CCC Mark in the Circulation Field
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Products that are not in the catalog are sold with the CCC mark
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The products in the catalog are sold without the CCC mark
Dear Families:
The CCC mark is a certification mark that reflects that the product has passed the China Compulsory Product Certification. Although the compulsory product certification system has been implemented for 20 years, there are still many enterprises who do not understand the use requirements and legal constraints of this mark, and arbitrarily impose it on printing and packaging, and do not know the serious legal consequences of indiscriminate use and misuse of the certification mark.
Today we will talk about the compliance risks of the use of the CCC logo in the circulation field.
· Interpretation of regulations
For compulsory product certification (CCC certification), although the certified products are manufactured by the manufacturer, the illegal facts that violate the laws and regulations are often reflected in the circulation field. The "Regulations of the People's Republic of China on Certification and Accreditation" clearly stipulates that the products in the compulsory product certification catalogue should be certified and marked with the certification mark before they can be shipped from the factory, sold, imported or used in other business activities.
· To put it simply, products that appear in the circulation field and are not in the CCC catalogue must not be marked with the CCC mark; products in the catalogue must have the CCC certificate and the CCC mark. Violation of the above requirements will result in severe penalties in accordance with relevant laws.
01. Products not in the catalog are sold with the CCC mark
Products that are not in the catalogue do not apply to the "Administrative Regulations on Compulsory Product Certification", but apply to the "Product Quality Law of the People's Republic of China". Article 53 "Those who forge or fraudulently use quality marks such as certification marks shall be ordered to make corrections and confiscated. Products that are illegally produced and sold shall be fined less than the value of the illegally produced and sold products; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked.”
02. The products in the catalog are sold without the CCC mark (two cases)
· The product has not been certified and has not applied the CCC mark or applied the CCC mark
The products in the catalog are not certified for sale, regardless of whether they are marked with the CCC mark, this kind of illegal behavior is the most serious in the CCC certification. It belongs to the behavior that the products in the catalog are sold without certification, and will directly violate the "Compulsory". If the products listed in Article 49 of the “Regulations on the Administration of the Certification of Sexual Products” have not been certified, and are manufactured, sold, imported or used in other business activities without authorization, the local quality inspection bureaus shall comply with Article 67 of the Certification and Accreditation Regulations. (Note: Article 66 of the new edition: If the products listed in the catalog are uncertified and are manufactured, sold, imported or used in other business activities without authorization, they shall be ordered to make corrections, and a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed. fines, and if there are illegal gains, the illegal gains will be confiscated).
·The CCC mark is not applied to the certificate
This kind of illegal behavior is relatively minor. If there is any of the following circumstances in Article 55 of the "Regulations on the Administration of Compulsory Product Certification", the local quality inspection and inspection bureaus shall order them to make corrections within a time limit. The following fines. (2) Violating the provisions of Article 32 of these regulations and failing to use the certification mark in accordance with the regulations.
important hint
In the field of production, as long as an enterprise can prove that its products have not left the factory or sold, it is not an illegal act. , sales, the two local quality inspection bureaus should warn their product manufacturers to conduct compulsory product certification in a timely manner." But for certified companies, if the uncertified products are affixed with the CCC mark, it will easily become the behavior of the company that does not meet the certification requirements, resulting in Some certification certificates are suspended or even revoked.