The General Administration of Market Supervision issued a number of typical cases of market supervision and law enforcement.
1. Jiangsu Shanghai Railway Station Speed Regulation Technology Center Co., Ltd. is suspected of issuing a false inspection report.
In September 2021, in the supervision and spot check of the national qualification certification inspection and testing institutions, the administrative supervisors found that the two reports (No.:JC2021029, JC2021030) of Shanghai Railway Station Speed Regulation Technology Center Co., Ltd. (Shanghai Railway Bureau Station Speed Regulation Equipment Testing Station) were tested on September 9 and September 14, 2021, respectively. By collecting the company’s equipment handover form, The sealing testing machine (equipment number: 070711-01) used for testing was sent for repair on September 3, 2021. No equipment was found in the on-site inspection, and the company could not provide evidence for testing with this equipment. In addition, the other four inspection reports (No.:JC2021011-DX, JC2021013, JC2021018, JC2021026) failed to obtain the qualification recognition on the items such as pressure retaining performance and dustproof performance. As the stationmaster, technical director and authorized signatory of the organization, Xing Moumou was transferred from the company in March 2021; The standard method TB/T 2460-2016 has replaced TB/T 2460-2009, and the company has not reported the change according to law. The company is suspected of violating Article 14 of the Measures for the Supervision and Administration of Inspection and Testing Institutions and Article 14 of the Measures for the Administration of Accreditation of Inspection and Testing Institutions, and there are illegal acts such as issuing false inspection and testing reports. The case has been handed over to the local market supervision department for investigation and dealt with and punished according to law.
2. Xinjiang Academy of Agricultural Sciences is suspected of issuing a false inspection report.
In October, 2021, in the supervision and spot check of national qualification certification inspection and testing institutions, administrative supervisors conducted on-site inspection on Xinjiang Academy of Agricultural Sciences [Agricultural Products Quality Supervision, Inspection and Testing Center of Ministry of Agriculture and Rural Affairs (Urumqi)], and found that the inspection report issued by this institution with the number of 2021-N-1935 failed to meet the requirements of GB23200.113-2018. The amino acid test records in the inspection reportNo. 2021-N-0525 show that the parallel samples were tested on June 28th, 2021 and July 2nd, 2021, respectively. The injection volume of standard working solution and sample determination solution was 0.03mL, which was the same as that of the standard method GB5009.124-2016. In addition, the original legal representative of the institution was transferred from the institution in December 2018, and the institution did not apply for change according to law. The agency is suspected of violating Article 14 of the Measures for the Supervision and Administration of Inspection and Testing Institutions and Article 14 of the Measures for the Administration of Accreditation of Inspection and Testing Institutions, and there are illegal acts such as issuing false inspection and testing reports. The case has been transferred to the local market supervision department for investigation, handling and punishment according to law, and transferred to the competent department of the industry.
3. JD.COM, Taobao and other e-commerce platform stores provide false quality inspection reports for the qualification of counterfeit inspection and testing institutions.
In December, 2021, the General Administration of Market Supervision received reports from the masses that Taobao Jiahuaxuan Living Furniture Hall, Jianmei Living Life Museum, Tmall Suojiangxuan Flagship Store and JD.COM Stanao Furniture Flagship Store were suspected of using counterfeit inspection reports in advertising for sofa beds. All the reports of home appliance manufacturers are printed with CMA logo, numbered DEZ190700092, and stamped with the special inspection seal of Shenzhen Dece Testing Co., Ltd., but the entrusting unit and inspection date are different. After receiving the report, the General Administration immediately deployed Zhejiang Market Supervision Administration, Beijing Market Supervision Administration and Guangdong Market Supervision Administration to carry out investigation and verification. Upon verification by the local market supervision department, Shenzhen Dece Testing Co., Ltd. has not issued the test report with the number DEZ190700092, and the test reports used by four home appliances companies are counterfeit reports, and the company has made a statement. Foshan Pumu Furniture Co., Ltd., a subsidiary of JD.COM Stanao Furniture Flagship Store, is unaware of the authenticity of the quality inspection report. At present, the company has been interviewed by Foshan Shunde Market Supervision Administration. Zhejiang Market Supervision Bureau informed Alibaba (China) Co., Ltd. about the illegal behavior of the online store involved, and asked the platform to carry out investigation and disposal, strictly implement the main responsibility, and dispose of the e-commerce involved in the relevant stores according to law. At present, all 64 products displayed by the stores using counterfeit reports for advertising have been removed from the shelves, and merchants are required to check and correct themselves and maintain close monitoring.
4. Shandong Tianbing Safety Technology Service Co., Ltd. issued a case of false gas cylinders and air respirator inspection report.
On November 17, 2021, Shandong Provincial Market Supervision Bureau received a report from the masses, reflecting that Tianbing (Shandong) Safety Technology Service Co., Ltd. issued false gas cylinders and air respirator inspection report. On November 18th, the Bureau’s Law Enforcement Inspection Bureau, together with Certification and Accreditation Service, Special Supervision Service and technical experts, conducted on-site law enforcement inspection on the company. On November 22, an investigation was initiated to confirm the illegal facts. On February 18th, 2022, Shandong Provincial Market Supervision Bureau served the "Decision on Administrative Punishment" on the parties concerned, and made the punishment of revoking the qualification certificate of the inspection and testing institution of Tianbing Safety Technology Service Co., Ltd. and the approval certificate of the special equipment inspection and testing institution according to law, and revoking the certificate of the special equipment inspection and testing personnel of the responsible personnel of the institution. At the same time, it is listed in the list of serious violations of law and trust, publicized through the national enterprise credit information publicity system, and transferred to the public security organs for further handling.
5. Chongqing Zhongke Construction Engineering Quality Inspection Co., Ltd. issued a false inspection report case.
On September 15, 2021, the inspection team of Chongqing Municipal Market Supervision Bureau supervised and inspected Chongqing Zhongke Construction Engineering Quality Inspection Co., Ltd., and found that the company issued false inspection reports in the inspection of projects such as "concrete water permeability test" and "hot rolled ribbed steel bar test". In the "mortar compressive strength test" test, the steps that should be tested according to the standard are reduced, and false test reports are issued. After investigation, during the inspection of mortar compressive strength on September 11th and 12th, the agency directly filled in the size data of the test specimen without measuring the size of the test specimen before the compressive strength test according to the standard requirements, and made inspection conclusions accordingly, and issued 23 copies of Mortar Compressive Strength Inspection Report on two days. The above acts violate the provisions of Item (3) of Paragraph 2 of Article 14 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, and constitute an illegal act of changing key inspection and testing conditions and issuing false inspection and testing reports. During the inspection of hot-rolled ribbed steel bars on September 11th and 12th, 2021, the company did not bend the steel bar specimen to 180 degrees according to the requirements of national standards, but recorded the bending angle of 180 degrees on the original records, and issued 19 inspection reports of the Inspection Report of Hot-rolled Ribbed Straightened Steel Bar. The above acts violate Article 13, Paragraph 2 (3) of the Measures for the Supervision and Administration of Inspection and Testing Institutions.The provisions of item constitute an illegal act of issuing false inspection reports. On February 18, 2022, Chongqing Jiulongpo District Market Supervision Bureau confiscated the company’s illegal income totaling RMB 1981,000 according to Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, and fined RMB 30,000 for issuing false and false inspection and testing reports respectively. At the same time, the relevant illegal clues were transferred to the Chongqing Municipal Commission of Housing and Urban-Rural Development in accordance with the law. The Chongqing Municipal Commission of Housing and Urban-Rural Development is investigating the company according to the Measures for the Administration of Quality Monitoring of Construction Projects and handling and punishing it according to law.
6. Shandong Linyi Yi ‘an Yufeng Gas Cylinder Testing Co., Ltd. issued a case of false special equipment inspection and test results.
On April 8, 2021, Linyi Municipal Market Supervision Bureau conducted an on-site inspection on the gas cylinder inspection of Linyi Yi ‘an Yufeng Gas Cylinder Inspection Co., Ltd., and found that from March 18 to April 8, the agency had not used the water pressure test bench because of the computer failure, but directly filled in the water pressure test data on the test report without testing, and issued a total of 394 industrial gas cylinders (steel seamless gas cylinders) and 79 CNG gas cylinders (compressed natural gas metal liner fibers surrounding gas cylinders). Since January 2021, when the static evaporation rate of seven LNG cylinders (low-temperature insulated cylinders) has been tested for 3.5 hours, which can’t meet the requirements of the standard specification, the agency has fabricated 24-hour test data without authorization, calculated the static evaporation rate and issued an inspection report. The above acts violate the provisions of Articles 52 and 53 of the Law of the People’s Republic of China on Safety of Special Equipment, and constitute the act of issuing false test data and results. Linyi Municipal Market Supervision Bureau, according to the provisions of Article 93 of the Law of the People’s Republic of China on Safety of Special Equipment, ordered the institution to correct the illegal acts and revoked the approval certificate of its special equipment inspection and testing institution according to law.
7. Anhui Dangshan Xianggege Environmental Protection Technology Co., Ltd. engaged in inspection and testing activities without obtaining the qualification of inspection and testing institutions.
In September, 2021, the market supervision bureau of Dangshan County, Anhui Province, carried out a special rectification campaign in the year of inspection and testing standards, and found that Dangshan Xianggege Environmental Protection Technology Co., Ltd. issued a pollution source treatment plan containing formaldehyde content detection data detected by unqualified equipment to customers without obtaining the qualification certificate (CMA) of inspection and testing institutions. Anhui Dangshan County Market Supervision Bureau ordered it to correct immediately and imposed a fine of 30,000 yuan according to Article 34 of the Measures for the Administration of Accreditation of Inspection and Testing Institutions.
8. Chuzhou Branch of Jiangsu Yongan Construction Machinery Co., Ltd. fraudulently used the qualification certificate of inspection and testing institutions.
In June, 2021, Anhui Provincial Market Supervision Administration conducted an on-site inspection of Chuzhou Branch of Jiangsu Yongan Construction Machinery Co., Ltd. during the investigation of complaints and reports. After investigation, the company used its lease in an office at No.1559 Ziwei South Road, Chuzhou City to inspect and test the fall arresters of 25 construction elevators without obtaining the qualification certificate, and issued the inspection report by using the qualification certificate of Anhui Branch of Yong ‘an Construction Machinery Testing Co., Ltd.. The Bureau fined Chuzhou Branch of Jiangsu Yongan Construction Machinery Co., Ltd. 30,000 yuan according to Article 37 of the Administrative Measures for Qualification Recognition of Inspection and Testing Institutions.
9. The case of false and false inspection report issued by Zhaoqing Traffic Automobile Comprehensive Performance Testing Co., Ltd.
In August, 2021, Panyu District Market Supervision Bureau of Guangzhou inspected Zhaoqing Transportation Automobile Comprehensive Performance Testing Co., Ltd. during the supervision and spot check of qualification certification inspection and testing institutions. It was found that when the company inspected the external lighting equipment and signal devices of Guangdong ARXXXX vehicles on July 30, 2021, the inspectors and drivers did not check the lights interactively, which led to the failure to actually check whether the high beam and the low beam of the headlights were normal, which violated the relevant operating procedures of Technical Inspection Items and Methods for Motor Vehicle Safety (GB38900-2020), and the inspection report issued showed that the inspection result of the project corresponding to "external lighting and signal devices" was "qualified". From July to August, 2021, when four heavy-duty trucks were inspected for the second time, the inspection results were "qualified" by increasing the number of personnel in the driver’s seat, and four false vehicle inspection reports were issued. According to Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, the Bureau ordered the parties to make corrections and imposed a fine of 17,550 yuan; At the same time, according to the second paragraph of Article 94 of the Road Traffic Safety Law of the People’s Republic of China, the qualification certificate of the company’s inspection and testing institutions was revoked.
10. The case of false inspection report issued by Zhongcheng Motor Vehicle Inspection Co., Ltd. in Qianxinan Prefecture of Guizhou Province.
In June, 2021, the Market Supervision Administration of Southwest Guizhou Province and the Public Security Traffic Administration of Southwest Guizhou Province formed an investigation team to inspect Zhongcheng Motor Vehicle Inspection Co., Ltd. in Southwest Guizhou Province, and found that the company knew that the kerb quality of four trucks was overweight. By modifying the calibration value of weighing equipment, these four trucks passed the kerb quality inspection smoothly and issued false inspection reports for these four trucks. The Public Security Traffic Management Bureau of Qianxinan Prefecture fined the company 24,000 yuan according to the provisions of the second paragraph of Article 94 of the Road Traffic Safety Law of the People’s Republic of China. The Market Supervision Bureau of Southwest Guizhou revoked its qualification certificate of inspection and testing institutions in accordance with the provisions of the second paragraph of Article 94 of the Road Traffic Safety Law of the People’s Republic of China and the second paragraph of Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions.
11. Hebei Hengshui Hengrun Environmental Monitoring Co., Ltd. issued a false inspection report.
In 2021, Hebei Provincial Market Supervision Bureau organized a special inspection of ecological environment monitoring institutions, and found that in the inspection reports issued by Hengshui Hengrun Environmental Monitoring Co., Ltd. (2021) No.04024 and No.12021 (2019), In the unorganized non-methane total hydrocarbon sampling record sheet, five points (upwind at the factory boundary, downwind at the factory boundary # 1, downwind at the factory boundary # 2, downwind at the factory boundary # 3, and production workshop mouth # 1) were sampled at 9: 30am on January 19th, 2021 at the same time. However, in fact, there are only two sampling devices in this organization (Lao should be HHR-116 of model 3036 and Lao should be HHR of model 3036). According to the second paragraph of Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, the Bureau fined the institution 30,000 yuan and copied the illegal acts to the Provincial Department of Ecology and Environment.
12. Botou Antong Motor Vehicle Testing Service Co., Ltd., Hebei Province issued a false inspection report.
In 2021, Hebei Provincial Market Supervision Bureau organized a special inspection of motor vehicle inspection institutions, and found that the data of the inspection item "Lateral sideslip of steering wheel" was abnormal in the all-day inspection report file provided by Botou Antong Motor Vehicle Inspection Service Co., Ltd., and a total of nine vehicles were tested, and the test results all showed "0". After the on-site inspection team checked the relevant data, it was found that the agency used the locking pin to insert the equipment, which affected the data and changed the key inspection and testing conditions of the project. According to the second paragraph of Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, the Bureau fined the institution 30,000 yuan.
13. The Inner Mongolia Autonomous Region Xingchang Science and Technology Development Co., Ltd. issued a false inspection report.
In December, 2020, Inner Mongolia Autonomous Region Market Supervision Bureau found that Inner Mongolia Xingchang Technology Development Co., Ltd. issued inspection reports to vehicles that had not been tested on the line from December 7, 2020 to December 17, 2020, which constituted the behavior of motor vehicle safety technical inspection institutions not testing according to the national safety technical standards of motor vehicles and issuing false inspection reports. According to the second paragraph of Article 94 of the Road Traffic Safety Law of the People’s Republic of China, the Bureau revoked the qualification certificate of the company’s inspection and testing institutions.
14. Shandong Weihai Baishun Motor Vehicle Testing Co., Ltd. issued a false inspection report.
In March, 2021, according to reports from the masses, Weihai Municipal Market Supervision Bureau, together with the Municipal Public Security Bureau and Nanhai New District Comprehensive Supervision and Law Enforcement Bureau, conducted a joint inspection on Weihai Baishun Motor Vehicle Testing Co., Ltd., and found that the inspectors of this institution changed the weighing quality of a truck from 3800KG to 2760KG, and there were cases of tampering with data and issuing false inspection reports. Weihai Market Supervision Bureau handed over the verified clues of illegal acts to the public security department for handling. The Traffic Police Detachment of Weihai Public Security Bureau fined the company 1,000 yuan according to the second paragraph of Article 94 of the Road Traffic Safety Law of the People’s Republic of China, and revoked the inspection qualification according to law.
15. Shanxi Changzhi Xinding Motor Vehicle Testing Co., Ltd. issued a false inspection report.
In June 2021, according to reports from the masses, Shanxi Provincial Market Supervision and Supervision Bureau conducted an on-site inspection of Shanxi Changzhi Xinding Motor Vehicle Inspection Co., Ltd., and found that the vehicle appearance inspection result in the motor vehicle safety technical inspection report with the number of 14040001320210526050 issued by the agency on May 26 -27, 2021 was judged as qualified, and the tire of the vehicle safety technical inspection form (manual inspection part) was judged as qualified. On July 15, 2021, Gaoping Jinyiyuan Motor Vehicle Inspection Co., Ltd. re-examined the appearance of the vehicle and concluded that the tires of the vehicle were unqualified. On August 17th, 2021, law enforcement officers inquired about Wang, the actual owner of Jin EXXX trailer, and proved that the vehicle had not changed its tires from May 27th, 2021 to August 17th. Shanxi Changzhi Xinding Motor Vehicle Inspection Co., Ltd. issued the motor vehicle safety technical inspection report with the number of 14040001320210526050 with wrong conclusion, which belongs to false inspection report. According to the first paragraph of Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, the Bureau ordered it to make corrections within a time limit and imposed a fine of 30,000 yuan.
16. A construction engineering inspection limited liability company in pinghu city, Zhejiang Province issued a false inspection report.
In April, 2021, law enforcement officers of pinghu city Market Supervision Administration of Zhejiang Province, together with laboratory audit experts, inspected a construction engineering testing limited liability company in Pinghu according to law. Through the inspection of two batches of impermeability test equipment and the inquiry of tester Mao, it was found that the testing company conducted concrete impermeability tests on two batches of concrete test blocks sent by an energy limited company on April 11, 2021. Mao, the inspector of the company, directly issued the inspection report of the above two batches of concrete test blocks without making up data [report number BGM202100064 (inspection date: April 11, 2021 — April 13, 2021), report number BGM202100065 (inspection date April 11, 2021 — April 13, 2021)], Liu, the chief of the inspection department of the company, was responsible for the data audit of the above two batches of concrete impermeability tests. Liu passed the data audit without on-the-spot inspection when Mao detected the above two batches of concrete test blocks. The bureau ordered the company to make corrections within a time limit and imposed a fine of 30,000 yuan in accordance with the third paragraph of Article 50 of the Regulations on the Administration of Inspection Institutions in Zhejiang Province. At the same time, according to the third paragraph of Article 50 of the Regulations on the Administration of Inspection Institutions in Zhejiang Province, Mao was fined 20,000 yuan; According to Item 2 of Article 50 of the Regulations on the Administration of Inspection Institutions in Zhejiang Province, Liu was fined 20,000 yuan.
17. Zhejiang Shaoxing Zhongda Testing Technology Service Co., Ltd. issued a false inspection report.
In July 2021, the Market Supervision Bureau of Keqiao District, Shaoxing City, Zhejiang Province reviewed the testing situation of Zhejiang Zhongda Testing Technology Service Co., Ltd. according to law, and found that the company issued the instrument use record book of the electronic fabric strength machine with the test report number ZJZD21062401523, and there was no equipment use record in the corresponding date; According to the use record book of the oven instrument with the test reportNo. ZJZD21062901619, there is no equipment use record in the corresponding date. In addition, according to the standard requirements of GB/T3917.4-2009 Textile Fabric Tearing Performance Part 4: Determination of Tearing Strength of Tongue Specimen (Double Seam): "Preparation of 8 Specimen: 8.1 General Provisions: Two groups of samples are taken from each laboratory sample, one in the warp direction and the other in the weft direction. Each group of samples should have at least five samples or more according to the agreement. However, the organization has only done eight tests for four groups of samples, and the main instrument and equipment used, the electronic strength machine, cannot verify individual test data on the testing equipment, and the instrument use record book has no relevant use registration. Moreover, the sample left by the mechanism is not enough for repeated tests, which leads to the inability to check the relevant test data. According to the first paragraph of Article 26 of the Measures for the Supervision and Administration of Inspection and Testing Institutions, the Bureau ordered it to make corrections within a time limit and imposed a fine of 30,000 yuan.
(CCTV reporter Li Jingjing Yao Wenli)