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After the revocation and suspension of the 3C certificate, can the previously produced products still be sold in the market?
Date：2022/4/29 Clicks：873
After the revocation and suspension of the 3C certificate, can the previously produced products still be sold in the market?
"After the 3C certificate expires, can the previously produced products still be sold in the market?" We invited the product certification experts of CVC Weikai to give a detailed interpretation to this question that everyone is concerned about.
Article 29 of the "Administrative Regulations on Compulsory Product Certification" (Order No. 117 of the General Administration of Quality Supervision, Inspection and Quarantine) stipulates: "If the certified product is cancelled, suspended or revoked the certification certificate, the certification body shall determine the product category that does not meet the certification requirements and Scope. From the date of cancellation or revocation of the certification certificate or during the suspension period of the certification certificate, products that do not meet the certification requirements shall not continue to leave the factory, sell, import or use in other business activities.”
01. How does the certification body determine the category and scope of products that do not meet the certification requirements?
Before answering this question, we must first know what "certification requirements" are. Generally speaking, certification requirements include national laws and regulations, product standards, certification implementation rules, factory quality assurance capability requirements, etc.
The reason for the cancellation, suspension or revocation of the certification certificate (hereinafter referred to as the certificate invalidation) may be that the certified product does not meet the certification requirements, such as:
The certified product is defective, resulting in a quality and safety accident;
During the follow-up inspection, it is found that the certified product is inconsistent with the sample provided by the certification client;
During the suspension period of the certification certificate, the certification client has not taken rectification measures or is still unqualified after rectification;
The authentication client obtains the authentication certificate by deceit, bribery or other improper means;
The certification basis or certification rules applicable to the product has changed, and the product has not met the change requirements within the specified period;
Refusing to accept follow-up inspections or supervised sampling tests without justifiable reasons;
Supervision and sampling inspection failed; factory inspection failed, etc.
The failure of the certification certificate may not be because the certified product itself does not meet the certification requirements. for example:
The validity period of the certification certificate has expired, and the certification client has not applied for a renewal;
The certified product is no longer produced;
Due to seasonal production, orders, etc., the certification client applies for active suspension or cancellation, etc.
Summarize
If the certificate is invalid because the certified product does not meet the certification requirements, the product categories and product models covered by the certificate shall be deemed to be non-compliant with the certification requirements. From the perspective of risk minimization, even if the product is produced before the certificate expires, it should be regarded as not meeting the certification requirements, so it is not allowed to continue to leave the factory, sell, import or use in other business activities.
So, how do enterprises understand the specific reasons for the failure of the certification certificate?
1. The public can find out through the official website of the issuing agency. Taking Weikai certification as an example, you can log in to the official website of Weikai company and obtain the specific reasons for the failure of the certificate through "Certificate Query", as shown in the figure below.
02. Once the certificate expires, products that do not meet the certification requirements shall not continue to leave the factory, sell, import or use in other business activities. So, how to understand "factory" and "sale"?
"Factory" can be understood as an activity in the field of production, and "sales" can be understood as an activity in the field of circulation.
The "Interpretation of the Regulations on Certification and Accreditation of the People's Republic of China" explains: "The act of leaving the factory means that the ownership of the products in the uncertified catalog has been transferred, such as sales, installation, use, gift, etc. The consequences of the behavior are to cause The products in the uncertified catalogue may be used by consumers and users, which may lead to harm.” It can be seen that the factory means that the ownership of the product has been transferred, and it cannot be simply understood that the product has left the factory area. It is necessary to pay attention to giving, or even giving the product to the user for free use, which is the behavior of the product leaving the factory.
"From the point of view of common sense of the general public, 'sale' is a kind of 'happening' behavior, and it is often not based on the principle of 'actually sold' or 'transfer of ownership' of the relevant goods. As long as the seller purchases The actual uncertified product, and the product has been in the state of 'for sale and saleable', regardless of whether the product is stored on the counter or in the warehouse, can be deemed to have violated the law of 'selling uncertified products'."
The relevant provisions of the "Implementation Rules for Cancellation, Suspension and Revocation of Compulsory Product Certification":
"From the date of cancellation of the certification certificate, the products covered by the factory or import certification shall not continue to be shipped, and the products covered by the factory or imported certification can continue to be sold or used in other business activities."
"The suspension period of the certification certificate shall be regarded as invalid, and the products covered by the certification certificate shall not be shipped from or imported during the suspension period. For the products covered by the certification certificate that have already been shipped from the factory or imported, the certification body shall evaluate the possible safety hazards of the product according to the reason for the suspension of the certificate. If it may cause damage to human health and life safety, it should be reported to the quality inspection department in a timely manner or take corresponding measures in accordance with relevant regulations.
"From the date of the revocation of the certificate, it is not allowed to leave the factory, sell, import or use the products covered by the certificate in other business activities. The certification body must evaluate the possible safety hazards of the product according to the reasons for the revocation of the certificate, and the possible harm to human health and life. If damage is caused to safety, the quality inspection department shall be notified in a timely manner in accordance with relevant regulations or corresponding measures shall be taken.”
"After the 3C certificate expires, can the previously produced products still be sold in the market?" We invited the product certification experts of CVC Weikai to give a detailed interpretation to this question that everyone is concerned about.
Article 29 of the "Administrative Regulations on Compulsory Product Certification" (Order No. 117 of the General Administration of Quality Supervision, Inspection and Quarantine) stipulates: "If the certified product is cancelled, suspended or revoked the certification certificate, the certification body shall determine the product category that does not meet the certification requirements and Scope. From the date of cancellation or revocation of the certification certificate or during the suspension period of the certification certificate, products that do not meet the certification requirements shall not continue to leave the factory, sell, import or use in other business activities.”
01. How does the certification body determine the category and scope of products that do not meet the certification requirements?
Before answering this question, we must first know what "certification requirements" are. Generally speaking, certification requirements include national laws and regulations, product standards, certification implementation rules, factory quality assurance capability requirements, etc.
The reason for the cancellation, suspension or revocation of the certification certificate (hereinafter referred to as the certificate invalidation) may be that the certified product does not meet the certification requirements, such as:
The certified product is defective, resulting in a quality and safety accident;
During the follow-up inspection, it is found that the certified product is inconsistent with the sample provided by the certification client;
During the suspension period of the certification certificate, the certification client has not taken rectification measures or is still unqualified after rectification;
The authentication client obtains the authentication certificate by deceit, bribery or other improper means;
The certification basis or certification rules applicable to the product has changed, and the product has not met the change requirements within the specified period;
Refusing to accept follow-up inspections or supervised sampling tests without justifiable reasons;
Supervision and sampling inspection failed; factory inspection failed, etc.
The failure of the certification certificate may not be because the certified product itself does not meet the certification requirements. for example:
The validity period of the certification certificate has expired, and the certification client has not applied for a renewal;
The certified product is no longer produced;
Due to seasonal production, orders, etc., the certification client applies for active suspension or cancellation, etc.
Summarize
If the certificate is invalid because the certified product does not meet the certification requirements, the product categories and product models covered by the certificate shall be deemed to be non-compliant with the certification requirements. From the perspective of risk minimization, even if the product is produced before the certificate expires, it should be regarded as not meeting the certification requirements, so it is not allowed to continue to leave the factory, sell, import or use in other business activities.
So, how do enterprises understand the specific reasons for the failure of the certification certificate?
1. The public can find out through the official website of the issuing agency. Taking Weikai certification as an example, you can log in to the official website of Weikai company and obtain the specific reasons for the failure of the certificate through "Certificate Query", as shown in the figure below.
2. The certification client can learn about the specific reasons for the invalidation of the certificate through the notice about the invalidation of the certificate issued by the certification authority.
02. Once the certificate expires, products that do not meet the certification requirements shall not continue to leave the factory, sell, import or use in other business activities. So, how to understand "factory" and "sale"?
"Factory" can be understood as an activity in the field of production, and "sales" can be understood as an activity in the field of circulation.
The "Interpretation of the Regulations on Certification and Accreditation of the People's Republic of China" explains: "The act of leaving the factory means that the ownership of the products in the uncertified catalog has been transferred, such as sales, installation, use, gift, etc. The consequences of the behavior are to cause The products in the uncertified catalogue may be used by consumers and users, which may lead to harm.” It can be seen that the factory means that the ownership of the product has been transferred, and it cannot be simply understood that the product has left the factory area. It is necessary to pay attention to giving, or even giving the product to the user for free use, which is the behavior of the product leaving the factory.
"From the point of view of common sense of the general public, 'sale' is a kind of 'happening' behavior, and it is often not based on the principle of 'actually sold' or 'transfer of ownership' of the relevant goods. As long as the seller purchases The actual uncertified product, and the product has been in the state of 'for sale and saleable', regardless of whether the product is stored on the counter or in the warehouse, can be deemed to have violated the law of 'selling uncertified products'."
The relevant provisions of the "Implementation Rules for Cancellation, Suspension and Revocation of Compulsory Product Certification":
"From the date of cancellation of the certification certificate, the products covered by the factory or import certification shall not continue to be shipped, and the products covered by the factory or imported certification can continue to be sold or used in other business activities."
"The suspension period of the certification certificate shall be regarded as invalid, and the products covered by the certification certificate shall not be shipped from or imported during the suspension period. For the products covered by the certification certificate that have already been shipped from the factory or imported, the certification body shall evaluate the possible safety hazards of the product according to the reason for the suspension of the certificate. If it may cause damage to human health and life safety, it should be reported to the quality inspection department in a timely manner or take corresponding measures in accordance with relevant regulations.
"From the date of the revocation of the certificate, it is not allowed to leave the factory, sell, import or use the products covered by the certificate in other business activities. The certification body must evaluate the possible safety hazards of the product according to the reasons for the revocation of the certificate, and the possible harm to human health and life. If damage is caused to safety, the quality inspection department shall be notified in a timely manner in accordance with relevant regulations or corresponding measures shall be taken.”
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