Look! The administration responded to several hot topics in the measures for the administration of qualification accreditation of inspection and testing institutions

Date：2021-06-02 18:26:15 Views：1241

Recently, the Department of accreditation, inspection and testing supervision and administration of the State Administration of market supervision replied to the relevant questions of the public message system on the State Administration of market supervision website about the measures for the supervision and administration of inspection and testing institutions and the measures for the administration of qualification recognition of inspection and testing institutions.

Relevant issues on the provisions of "use of instruments, equipment and facilities that have not been verified or calibrated" in order No. 39 of the general administration.

I would like to ask: "not verified" in Item 2, paragraph 1, Article 13 of the measures for the supervision and administration of inspection and testing institutions, "using instruments, equipment and facilities that have not been verified or calibrated", does it include the behavior of "exceeding the validity period of verification"? If the compulsory verification measuring instruments used have not been verified or calibrated, should the law enforcement department punish the institution according to the measurement law or the measures?

Reply Department: approval, inspection and testing supervision and management department reply

According to Article 22 of the detailed rules for the implementation of the measurement Law of the people's Republic of China, "no unit or individual is allowed to use measuring instruments without verification seal or certificate, exceeding the verification cycle and unqualified after verification." Only the supervision and management of "the used compulsory verification measuring instruments have not been verified or calibrated" does not belong to the adjustment scope of the measures for the supervision and administration of inspection and testing institutions.

About the use of inspection and testing qualification

Our company is a 100% holding independent legal person company subordinate to the parent company. Can we undertake the testing business of the parent company and belong to stakeholders? Can CMA test report be issued?

Reply Department: approval, inspection and testing supervision and management department reply

According to the relevant provisions of the measures for the administration of qualification recognition of inspection and testing institutions, inspection and testing institutions that have obtained qualification recognition according to law can issue data and results with certification to the society as an independent third party.

Want the government authority to explain

I am a hotel owner. According to the requirements of the competent department, I want to detect the indoor microclimate. I entrusted a company to the shop for on-site inspection, but the competent department did not recognize the inspection report because the company was a CMA qualification recognized by other provinces. Let me recheck. I asked for a refund, but the testing company showed me the qualification certificate, which really said that it was valid in the people's Republic of China. I went to consult a lawyer again. The lawyer said "it can be done without prohibition by law" and said that the report issued by the company is OK. I can't figure it out. I can only ask the highest competent department of the state for an explanation. Thank you!

Reply Department: approval, inspection and testing supervision and management department reply

According to the measures for the administration of qualification accreditation of inspection and testing institutions, inspection and testing institutions that have passed the qualification accreditation may issue data and results with certification to the society within the territory of the people's Republic of China.

The measures for the supervision and administration of inspection and testing institutions are different from the punishment of GRS [2018] No. 12

The measures for the supervision and administration of inspection and testing institutions stipulates that if a false inspection and testing report is issued, the market supervision and administration department at or above the county level shall order it to make corrections within a time limit and impose a fine of 30000 yuan. The notice of CNCA on promoting the unified implementation of qualification accreditation of inspection and testing institutions (GRS [2018] No. 12) stipulates: "If false inspection and testing data and results are issued without inspection and testing or by tampering with data and results, the qualification recognition department shall revoke its qualification recognition certificate. The inspection and testing institution whose qualification recognition certificate has been revoked shall not apply for qualification recognition again within three years." If the two are inconsistent, which shall prevail? After the implementation of the supervision and management measures, is the GRS [2018] No. 12 still valid? thank you!

Reply Department: approval, inspection and testing supervision and management department reply

Hello, message received. The act of issuing false inspection and testing reports shall be punished in accordance with Article 26 of the measures for the supervision and administration of inspection and testing institutions: "If an inspection and testing institution is under any of the following circumstances, and the laws and regulations have provisions on administrative punishment for the revocation, revocation or cancellation of inspection and testing qualification or certificate, it shall be implemented in accordance with the provisions of the laws and regulations; if there are no provisions in the laws and regulations, the market supervision and administration department at or above the county level shall order it to make corrections within a time limit and impose a fine of 30000 yuan".

How to understand "changing its original state for inspection and detection" in Article 14 (4) of order 39

Want to know what is the meaning of "changing its original state for inspection and detection" in Article 14 (IV) of order 39? Because many chemical test items are pre - treatment of samples After pre-treatment, the sample will change its original state! In other words, there are many pretreatment needs for chemical analysis, including dissolved samples, diluted samples and so on! The physical state of appearance changes, but the essence remains unchanged.

Reply Department: approval, inspection and testing supervision and management department reply

Hello, message received. The "preliminary treatment of samples" you proposed should carry out inspection and testing activities in accordance with the relevant standards or regulations involved in the inspection and testing items, which does not conflict with the provision of "replacing inspection and testing samples or changing their original state for inspection and testing" in Item 4 of Article 14 of the measures for the supervision and administration of inspection and testing institutions.

Whether the supervision and management measures for inspection and testing institutions are applicable to the third-party medical inspection and testing

Dear national staff, Hello!

The measures for the supervision and administration of inspection and testing institutions will come into effect on June 1, 2021. Is this measure applicable to third-party medical inspection and testing institutions? Or are the third-party medical inspection and testing institutions subject to relevant special laws and regulations because they are medical institutions?

We look forward to and thank you for your reply.

Reply Department: approval, inspection and testing supervision and management department reply

Hello, message received. Paragraph 2 of Article 2 of the measures for the supervision and administration of inspection and testing institutions stipulates: "where there are other provisions on the supervision and administration of inspection and testing institutions in laws and administrative regulations, such provisions shall prevail." In principle, the third-party medical inspection and testing institutions belong to the adjustment scope of special laws and regulations.

Whether CMA and CNAs marks are the necessary qualification conditions for third-party testing institutions

Hello, I am a person engaged in bidding business, because many bidding documents require "providing third-party authoritative test reports with CMA and CNAs marks". This option may exclude potential suppliers. The specific situation depends on whether CMA and CNAs marks are the qualification conditions that third-party testing institutions must possess.

In reply to this question, the Ministry of finance should consult the State Administration of market supervision, so I would like to ask whether CMA and CNAs marks belong to the qualification conditions that third-party testing institutions must have?

Reply Department: approval, inspection and testing supervision and management department reply

Hello! According to the measures for the administration of qualification accreditation of inspection and testing machines, inspection and testing institutions that issue data and results with certification to the society shall obtain qualification accreditation (CMA) according to law. Qualification recognition is an administrative license and mandatory, while CNAs accreditation is a voluntary act. The enterprise laboratory only obtains the CNAs accreditation certificate and cannot issue the data and results with certification to the society. Thank you for your concern and support for market supervision and accreditation testing.