Measures for the Safety Registration Management of Plate Heat Exchanger Products (Trial)
Article 1 Aim
The Measures are formulated in accordance with the relevant regulations in order to strengthen the safety registration management of plate heat exchanger products, ensure the safe use of plate heat exchanger products, and protect the personal and property safety of operators and consumers.
Article 2 Scope of Application
The Measures shall apply to the safety registration of products that use plates as their heat exchange elements (hereinafter referred to as “plate heat exchanger products”) and the relevant arrangement of safety supervision.
Article 3 Definition
“Safety registration number” means the registration information of a plate heat exchanger product released by the authority of the State after examination and approval;
“Safety certificate” means the safety certificate of a plate heat exchanger product issued by the authority of the State after examination and approval;
“Product filing” means the product filing for a plate heat exchanger carried out before sale by the responsible department of the State;
“Spot check” means sampling inspection carried out to plate heat exchangers in the process of production quality (supervision and consultation), use, and product market circulation,
Article 4 Supervisory Departments
The ministry in charge of the State’s quality, technology and industry supervision and administration is responsible for the overall coordination and management of the safety registration management of plate heat exchangers.
The responsible departments in charge of product quality and safety in the local people’s governments shall perform supervision over the safety registration management of plate heat exchangers within the administrative areas under their jurisdiction.
Article 5 Responsibilities
1. The equipment manufacturer shall, when applying for registration and obtain the license, assume the duty of retrieving the records of the equipment registration information in accordance with the requirements of this measure.
2. The inspectorate departments in charge of product quality and safety inspection at various levels are responsible for the examination and approval of the safety registration for plate heat exchangers as well as for carrying out spot check.
3. The market supervision and management department at various levels is responsible for the supervision over the plate heat exchangers produced, circulated, and sold in its area of jurisdiction as well as for carrying out spot check.
Article 6 Rights and Obligations of Equipment Manufacturers
1. The equipment manufacturers applying for or obtaining the safety registration license shall abide by the laws, regulations and relevant provisions, and abide by the technical standards, use and inspection requirements and other obligations imposed by the state and meet the requirements of the safety registration.
2. The equipment manufacturer shall, when producing and selling the products, correctly indicate the safety registration certificate number on the outer package of the product and attach the production instruction manual and safety(instruction) manual issued by the supervising department.
3. The equipment manufacturer shall, in accordance with the provisions of this measure and product safety regulations, timely inspection and/or repair of plate heat exchangers, provide relevant information to consumers, produce and supply parts and accessories for the plate heat exchangers, keep the records of sale and traceability of the equipment and process.
4. The equipment manufacturer shall, when applying for product amendment, extension and renewal of the safety registration license, supply all relevant product parameter information and safety measure requirements
Article 7 Rights and Obligations of the Inspectorate Department
1. The inspectorate department in charge of product quality and safety inspection shall be responsible for the examination and approval of the safety registration for plate heat exchangers.
2. The inspectorate department in charge of product quality and safety inspection shall carry out spot check on the production site of plate heat exchanger products, inspection and/or repair of plate heat exchangers as well as the quality inspection of the involved parts and accessories of plate heat exchangers in their territory of jurisdiction.
3. The inspectorate department in charge of product quality and safety inspection shall ensure that the test results obtained in its investigation and inspection projects on plate heat exchangers comply with the relevant provisions of the product safety regulations, standards and technical specifications.
4. The inspectorate department in charge of product quality and safety inspection shall immediately deal with the violations of product safety regulations which it discovers and report the results to the supervising department.
Article 8 Rights and Obligations of the Market Supervision and Management Departments
1. The market supervision and management departments at various levels shall, when performing their duties of supervision and management, carry out spot checks on the production sites of plate heat exchanger products, inspection and/or repair of plate heat exchangers as well as the quality inspection of the involved parts and accessories of plate heat exchangers in their jurisdiction.
2. The market supervision and management departments at various levels shall ensure that the products produced, circulate and sold in its jurisdiction are within the scope of safety registration and meet the requirements of the safety registration regulations.
3. The market supervision and management departments at various levels shall investigate and deal with the violations of product safety regulations which they discover.
Article 9 Rights and Obligations of the User of Plate Heat Exchangers
1. The user of plate heat exchanger shall, when purchasing and using the products, ensure that the products to be used have already obtained the safety registration certificate and shall not use the products which are not in conformity with the regulations and requirements of the safety registration.
2. The user of plate heat exchanger shall, when using, overhauling, and replacing the parts and accessories of plate heat exchangers, consciously accept safety education, observe safety rules and take safety precautions.
3. The user of plate heat exchanger shall, when making suggestions and complaints on the safety registration of products, truthfully provide relevant information, earnestly cooperate with investigation and inspection by the related departments, and consciously accept technical guidance and supervision.
Article 10 Rights and Obligations of the Agents of Plate Heat Exchangers
1. The agents of plate heat exchanger shall, when performing their duties on behalf of the operator, strictly abide by the laws, regulations, relevant provisions, and safety regulations.
2. The agents of plate heat exchanger shall, when selling and purchasing the products, ensure that the products to be sold and purchased have already obtained the safety registration certificate, strictly abide by the regulations related to the safety registration, and may not sell and purchase the products which are not in conformity with the regulations and requirements of the safety registration.
3. The agents of plate heat exchanger shall, when engaging in after-sale service and inspection of plate heat exchangers in his jurisdiction, conscientiously provide professional services and advice to customers, and ensure the quality and safety of the products sold.
Article 11 Rights and Benefits for the Plate Heat Exchangers
1. The operators and users of the products complying with the regulations of the safety registration shall have the right to obtain legal protection.
2. The operators, producers, and users of the products complying with the safety regulations shall have the right to obtain necessary rights protection in the process of product filing, registration and use.
3. The associated departments shall, depending on the situations and results of plate heat exchangers, give rewards in accordance with the relevant provisions of the state in order to encourage the operators, producers, and users of the products complying with the safety regulations.
Article 12 Penalty for Violation
Any operator, producer, or user of the products that violate the provisions of this measure or related laws and regulations shall be punished in accordance with the relevant regulations and laws.
Article 13 Supervision and Inspection
The responsible departments of the State shall carry out comprehensive supervision and inspection in terms of the safety registration management of plate heat exchangers, and investigate and dispose the violations.
Article 14 Interpretation
This measure shall be construed and interpreted by the relevant responsible department of this measure or the supervising department of this measure.
Article 15 Entry into Force
The measure shall enter into force from the day of promulgation.