Measures of Hubei Province for the Administration of Commodity Barcodes

• Document Number：Decree of the People’s Government of Hubei Province No.355
• Area of Law： Standardization Administration, Certification and Accreditation
• Level of Authority： Local Government Rules
• Date issued：09-20-2012
• Effective Date：12-01-2012
• Status： Effective
• Issuing Authority： People's Government of Hubei Province

Decree of the People's Government of Hubei Province
(No. 355)
The Measures of Hubei Province for the Administration of Commodity Barcodes, deliberated and adopted at the Executive Meeting of the People's Government of Hubei Province on September 14, 2012, are hereby promulgated and shall come into force as of December 1, 2012.
Governor: Wang GuoshengSeptember 20, 2012
Measures of Hubei Province for the Administration of Commodity Barcodes
Chapter I General Provisions
Article1 In order to regulate the administration of commodity barcodes, guarantee the commodity barcode quality, accelerate the application in such areas as e-commerce and commodity circulation, etc. and promote the development of informatization of the e-commerce and commodity circulation, these Measures are formulated pursuant to the Standardization Law of the People's Republic of China as well as other relevant laws and regulations, and in the light of the actual circumstance of the Province.
Article 2 Commodity barcodes mentioned in these Measures refer to the globally unified marks that indicate specific information of commodity which consist of a group of regularly arranged bar, space and corresponding code thereof, including codes and barcode marks for retail commodity, non-retail commodity, logistics unit and location.
Article 3 These Measures shall be observed by units and individuals engaged in the registration, coding, designing, printing, application for and administration of commodity barcodes within the administrative area of the Province.
Article 4 The provincial administrative department of quality and technology supervision shall be responsible for the administration of commodity barcodes of the whole province.
Administrative departments of quality and technology supervision of the people's governments at the county and city level shall be responsible for the supervision and examination work of commodity barcodes within their respective administrative area.
Local branches (hereinafter referred to as the BANCC) established within the administrative area of the Province by ANCC (Article Numbering Center of China) shall, in accordance with their specified scope of functions and duties, develop their work and provide corresponding technological services.
The departments of economy and informatization, commerce, health, industry and commerce, food and drug supervision, and other relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, do a good job in the administration of commodity barcodes.
Article 5 Commodity producers, sellers and service providers are encouraged to adopt UPC (universal product code) system actively, use commodity barcodes, ensure commodity barcode quality and enhance the modernized administration level in such links as manufacturing, storage, distribution and sale of the enterprise.
Chapter II Registration, Extension, Alteration and Cancellation
Article 6 The company prefix is an important part of commodity barcodes. Producers, sellers and service providers having obtained in accordance with law business licenses or relevant legal business qualifications legally shall, prior to the use of a commodity barcode, apply for the registration of a company prefix and register as a member of China Commodity Barcode System (hereinafter referred to as a system member) upon verification and approval.
Where the subsidiary company of a group that has independent legal person status needs to use a commodity barcode, it shall apply independently for the registration of company prefix; filed by the ANCC, the subsidiary company may use the company prefix and corresponding commodity barcode authorized by the group on the like products with a unified brand developed, designed, arranged for production in a unified way by the group.
Article 7 Producers shall apply for the registration of a company prefix and use the commodity barcode on the product or its package when producing the following pre-packaging products within the administrative area of the Province:
(1) food, cigarettes;
(2) daily chemicals;
(3) drugs, medical devices;
(4) textile manufactured goods, textile garments, knitwear and its products;
(5) toys;
(6) household appliances (household electric appliances), electric wire and cable;
(7) auto parts and accessories;
(8) products concerned with human health and safety of life and property prescribed and announced by the administrative department of quality and technology supervision of the people's government of the Province in accordance with law.
Pre-packaging products refer to products prepackaged or made with a fixed amount in packaging materials or vessels and provided for consumers directly. Producers of pre-packaging products prescribed in the preceding paragraph having not applied for the registration of a company prefix shall do so within a year from the date of the effectiveness of these Measures and use the commodity barcode on the product or its package.
Article 8 Applicants shall apply for the registration of a company prefix at the BANCC, fill in the Registration Form for Members of China Commodity Barcode System, and show their business license or relevant legal business qualification certificates and provide copies thereof.
Article 9 The BANCC shall finish the preliminary examination within five workdays from the date of application acceptance. If the preliminary examination is qualified, the BANCC shall sign opinions and submit to the ANCC for examination and approval; otherwise the BANCC shall return the application materials to the applicant with reasons given.
Article 10 An applicant whose registration of a company prefix is approved shall be issued the Certificate of Membership of China Commodity Barcode System (hereinafter referred to as the System Membership Certificate) by the ANCC and obtain the system membership.
Article 11 The period of validity of a company prefix is 2 years.
The system members shall, within three months before the expiration of the company prefix, hold their business license or relevant legal business qualification certificates and copies thereof to the BANCC of their locality to conduct the extension formality. If they fail to handle such procedures within the time limit, the BANCC shall, after submitting to the ANCC for verification and approval, cancel their company prefix and system membership.
Article 12 If such information as the name, address and legal representative has changed, the system member shall hold relevant documents and the System Membership Certificate to the BANCC of the locality to go through alteration procedures within 30 days after the approval by the relevant department.
Article 13 The system member shall hold the System Membership Certificate to the BANCC of the locality to go through cancellation procedures within 3 months from the date of stopping the use of company prefix.
The system member shall, if revoked, dismissed, declared bankruptcy or terminated by other reasons in accordance with law, stop the use of commodity barcodes simultaneously and go through cancellation procedures in accordance with provisions in the preceding paragraph.
Article 14 Producers and sellers and service providers whose company prefix has been cancelled shall reapply for it for the use of commodity barcodes.
Article 15 If the System Membership Certificate is lost or damaged, the system member shall make a statement in social public media and promptly apply for a new one at the BANCC of the locality. The BANCC shall promptly accept the application and handle replacement procedures.
Chapter III Encoding, Designing and Printing
Article 16 The encoding, design and printing of commodity barcodes shall accord with the Commodity Barcodes (GB12904) and other provisions of the State standards.
If the printing area of a commodity barcode exceeds the surface area of a commodity's package or occupies 1/4 of the label printing area, the system member may apply for the use of shortened-version commodity barcodes. Shortened-version commodity barcodes shall be compiled by the ANCC in accordance with relevant State standards.
Article 17The system members should go to the BANCC of the locality for record within 30 days of the compilation completion of the commodity barcodes.
The system members shall establish commodity barcode management system, determine branches or personnel for commodity barcode management, set up commodity barcode management accounts and the commodity barcode management personnel shall master knowledge related to commodity barcode technology.
Article 18 The printing enterprises having obtained business licenses legally may apply for the qualifications of printing commodity barcodes to the BANCC of the locality and provide the following materials:
(1) application form of commodity barcode printing qualification;
(2) the duplicate of business license and its photocopy;
(3) commodity barcode printing quality management manual. Article 19 The printing enterprises having obtained commodity barcode printing qualification certificates in accordance with relevant provisions of the State may have priority to undertake the business of printing commodity barcodes and accept the entrustment from the system members or lawful users of commodity barcodes to print commodity barcodes.
Article 20 The printing enterprises shall check and examine, while undertaking the business of printing commodity barcodes, the clients' System Membership Certificate or the proof documents for the lawful use of the commodity barcodes and keep the certificate numbers or document batch numbers for record.
It is forbidden for the printing enterprises to print commodity barcodes for clients who have not obtained System Membership Certificate or fail to offer proof documents for the lawful use of the commodity barcodes.
Article 21 The system members and relevant units are encouraged to entrust the printing enterprises having obtained commodity barcode printing qualification certificates to print commodity barcodes.
Chapter IV Use and Administration
Article 22 The system members have the sole use right of the registered company prefix and corresponding commodity barcodes and are not allowed to transfer them to others for use.
Article 23 No units or individuals may commit the following acts:
(1) to use the company prefix and corresponding commodity barcodes on the product or product package without verification and registration (record);
(2) to use other barcodes as commodity barcodes or fake ones on the product or product package;(3) to use the cancelled company prefix and corresponding commodity barcodes on the product or product package.

Article 24 Where the company prefix and corresponding commodity barcode registered overseas are adopted for the product produced within the administrative jurisdiction of the Province, the producer shall provide such relevant proofs as registration materials and power of attorney and put it on record in the BANCC of the locality.
Producers entrusted by enterprises overseas not to sell in their own names home and abroad but to produce the products within the administrative jurisdiction of the Province may use the company prefix and corresponding commodity barcodes registered overseas by the clients without reporting for file.
Article 25 If products are entrusted to be processed, the company prefix and corresponding commodity barcodes registered by the clients shall be used on the product or product package.
Article 26 The company prefix and corresponding commodity barcodes registered either by manufacturers abroad or by domestic sellers or clients may be used for imported products.
Article 27 Sellers shall adopt commodity barcodes for retail settlement actively, if qualified commodity barcodes already are already on the product or product package they deal in, no barcode for shop may be used to replace or cover, otherwise barcode for shop may be used. The use of barcode for shop shall accord with relevant provisions of the State standards Barcode for Shop (GB/T 18283).
Article 28 Sellers shall, while stocking commodities, check the System Membership Certificate corresponding to commodity barcodes or other proof materials for the lawful use thereof.
Article 29 No sellers may deal in products in violation of provisions in Article 23.
No sellers may charge the commodity provider with shop-entry fees, shelve fees, information processing fees in the name of commodity barcodes.
The commodity provider may require the refunding in accordance with law if sellers commit the above-mentioned acts.
Article 30 The BANCC shall enhance the service awareness, set up a commodity barcode query system to timely announce registration, extension, alteration, cancellation and record of the company prefix and corresponding commodity barcodes and enterprise list having obtained commodity barcode printing qualification and other relevant information for the convenience of public inquiry.
Article 31 The administrative departments of quality and technology supervision of the people's governments at or above the county level shall make supervision and examination of the use and printing of commodity barcodes. The test report from quality inspection and supervision institutions for commodity barcodes established in accordance with law shall prevail to determine whether the commodity barcodes conform to the State standards.
Article 32 The people's governments at or above the county level and relevant departments shall guide and support commodity producers, sellers and service providers to adopt commodity barcodes and integrate the expansion and use of commodity barcodes into the national economy and social development plan. The departments of quality and technology supervision, agriculture, commerce, health, industry and commerce, food and drug supervision, and other relevant departments of the people's governments at or above the county level shall adopt commodity barcodes to establish and implement quality follow-up and traceability system in accordance with law for pre-packaging products concerned with human health and safety of life and property directly.
Chapter V Legal Liability
Article 33 The System Members who, in violation of paragraph 1, Article 17 of these Measures, fail to go through filing procedures within the time limit, or the producers who, in violation of paragraph 1, Article 24 of these Measures, fail to do so as provided, shall be ordered for corrections and be given warnings.
Article 34 The producers who, in violation of Article 7 of these Measures, fail to apply for registration of company prefix and use commodity barcodes on their products or product packages within a prescribed time limit shall be ordered for corrections; for refusal to correction upon the due day, they shall be imposed on a fine of less than 3000 yuan.
Article 35 The System Members shall be ordered for corrections who fail to use commodity barcodes on their products or product packages as prescribed by the State standards after being tested by quality inspection and supervision institutions for commodity barcodes established in accordance with law; for refusal to correction upon the due day, they shall be imposed on a fine of between not less than 500 yuan but not more than 1000 yuan.
Article 36 The printing enterprises who, in violation of paragraph 2, Article 20 of these Measures, print commodity barcodes for clients who have not obtained System Membership Certificate or fail to offer proof documents for the lawful use of the commodity barcodes shall be ordered for corrections and be imposed on a fine of between not less than 10,000 yuan but not more than 30,000 yuan concurrently.
Article 37 The System Members who, in violation of Article 22 of these Measures, transfer the company prefix and corresponding commodity barcodes shall be ordered for corrections and be imposed on a fine of less than 3000 yuan concurrently.
Article 38 Those who, in violation of Article 23 of these Measures, use the company prefix and corresponding commodity barcodes on the product or product package without verification and registration (record), use other barcodes as commodity barcodes or use fake ones on the product or product package or use the cancelled company prefix and corresponding commodity barcodes on the product or product package shall be ordered for corrections and be imposed on a fine of less than 30,000 yuan concurrently.
Article 39 Where the distributed commodities or packages thereon are printed with the commodity barcode that has not been verified and registered (recorded) or that is forged, the seller shall be ordered for corrections and be imposed on a fine of less than 10,000 yuan concurrently.
Article 40 The administrative punishment prescribed in these Measures shall be implemented by the administrative department of quality and technology supervision of people's governments at or above the county level.If there are other provisions for organs exercising administrative punishment rights in laws and rules, such provisions shall prevail.
Article 41 Where the party concerned is dissatisfied with the administrative penalty, he may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
Article 42 Staff members engaged in commodity barcode administration and examination work who commit dereliction, power abuse or malpractice for selfish end shall be given administrative sanctions by their administrative departments in accordance with law; if a crime is constituted, their criminal liability shall be investigated in accordance with law.
Chapter VI Supplementary Provisions
Article 43 If there are provisions in laws, rules and regulations for the meanings of food, cigarettes, daily chemicals, drugs, medical devices, textile manufactured goods, textile garments, knitwear and its products, toys, household appliances (household electric appliances), electric wire and cable, auto parts and accessories referred to in these Measures, such provisions shall prevail; otherwise concept names and classifications in the State standards Classification of National Economic Trades (GB/T4754-2002) shall be applied.
Article 44 These Measures shall come into force as of December 1, 2012.