Article 1 In order to protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of the socialist market economy, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 The term "consumers" as mentioned in these Regulations refers to individuals and units that purchase or use commodities or receive services for daily consumption.
The term "operator" as mentioned in these Regulations refers to the units and individuals that provide goods or services to consumers.
Article 3 The protection of consumers' legitimate rights and interests follows the principle of combining state protection, industry self-discipline and social supervision, and ensures and facilitates consumers to exercise their rights.
Article 4 When formulating laws, regulations, policies and trade rules concerning consumers' rights and interests, relevant state organs and trade associations shall listen to consumers' opinions and demands, and shall not make provisions that harm consumers' legitimate rights and interests.
Article 5 People's governments at or above the county level shall strengthen their leadership over the protection of consumers' legitimate rights and interests, establish an office meeting system for the protection of consumers' legitimate rights and interests, coordinate and solve major problems in the protection of consumers' legitimate rights and interests, and urge relevant administrative departments to perform their duties of protecting consumers' legitimate rights and interests according to law.
Article 6 The administrative departments for industry and commerce and the relevant administrative departments of quality and technology supervision, food and drug supervision, health and price of the people's governments at or above the county level shall, according to their respective functions and duties, strengthen supervision over operators, investigate and deal with illegal acts that harm the legitimate rights and interests of consumers, and protect the legitimate rights and interests of consumers.
Article 7 Consumer organizations established according to law, such as consumer associations, are social organizations that protect consumers' legitimate rights and interests and supervise goods and services according to law.
Article 8 Relevant industry associations shall urge industry operators to standardize their business practices, strengthen industry self-discipline and protect the legitimate rights and interests of consumers according to law.
The mass media should do a good job in propaganda to safeguard the legitimate rights and interests of consumers and supervise the acts that harm the legitimate rights and interests of consumers.
Any unit or individual has the right to supervise acts that harm the legitimate rights and interests of consumers.
Chapter II Consumer Rights
Article 9 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.
Article 10 When purchasing or using commodities or receiving services, consumers have the right to know the real situation and trading conditions of commodities or services.
Consumers have the right to require commodity operators to provide information such as the price, place of origin, producer, use, performance, specifications, grade, main components, production date, expiration date, ownership certificate, inspection certificate, instruction manual and after-sales service of commodities according to different conditions of commodities or services; Contents, specifications, fees, standards, inspection reports or maintenance service records required by service operators.
Article 11 Consumers have the right to choose their own goods or services.
Consumers have the right to choose their own operators of goods or services, their own varieties of goods or services, and their own decisions to buy or accept any kind of goods or services.
Consumers have the right to compare, identify and choose their own goods or services.
Article 12 Consumers have the right to fair trade.
When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
Article 13 When consumers purchase or use commodities or services, their personal rights and property such as life and health rights, name rights, portrait rights, reputation rights and personal privacy are damaged, and they have the right to claim compensation from business operators according to law. If there are no provisions in laws and regulations, consumers have the right to demand compensation from operators according to industry rules.
Article 14 Consumers have the right to establish social organizations to safeguard their legitimate rights and interests according to law.
Fifteenth consumers have the right to obtain consumer knowledge and knowledge about consumer rights and interests, business operators' obligations and consumer dispute handling methods.
Article 16 Consumers have the right to respect their personal dignity and national customs and habits when purchasing or using commodities or receiving services.
Seventeenth consumers have the right to put forward opinions and suggestions on the quality, price, measurement and mode of operation of goods and services, report the infringement of business operators to the relevant administrative departments, and truthfully report the relevant situation to the mass media.
Consumers have the right to put forward opinions and suggestions on the work of consumer associations and other consumer organizations, and put forward opinions and suggestions on amending the contents of industry rules formulated by industry associations or agreed by operators that are not conducive to protecting consumers' legitimate rights and interests.
Consumers have the right to make suggestions on the work of state organs to protect consumers' legitimate rights and interests, and criticize, report and accuse the illegal and dereliction of duty of state organs and their staff in protecting consumers' legitimate rights and interests.
Chapter III Obligations of Operators
Article 18 When dealing with consumers, business operators should follow the principles of voluntariness, equality and fairness, observe business ethics, and be honest and trustworthy.
Article 19 Business operators shall not make false advertisements or false propaganda for goods or services, deceive or force consumers to buy goods or accept services, and shall not tie in goods or services in any form or attach other unreasonable conditions.
Operators providing optional goods or services shall inform in advance and obtain the consent of consumers.
Twentieth operators should provide consumers with a safe place or environment for consumption; If there are risk factors, warning signs shall be set up and safety protection measures shall be taken.
Article 21 The goods and services provided by business operators shall conform to the mandatory national standards, industrial standards or local standards for the protection of personal and property safety; If there are no mandatory national standards, industry standards and local standards, they shall meet the quality, hygiene and safety requirements recognized by the society.
If it is found or proved by facts that there are serious defects in the goods or services provided by the operators, even if the goods or services are used correctly, it may still cause damage to the personal and property safety of consumers, and the operators shall immediately stop selling the goods or providing the services; If the goods have been sold, emergency measures shall be taken to inform consumers, recall the goods for repair, replacement or destruction, and report to the relevant administrative departments and trade associations.
Where the operator fails to take the measures specified in the preceding paragraph, the relevant administrative department shall order the operator to immediately stop selling goods or providing services, and take recall measures for the sold goods.
Twenty-second operators to sell goods that need unpacking inspection, should be unpacking inspection on the spot; Where there are other agreements between consumers and business operators, such agreements shall prevail.
Twenty-third operators in accordance with the relevant provisions of the state and the province or the agreement with consumers to undertake the responsibility of commodity repair, replacement and return (hereinafter referred to as the three guarantees), they shall issue a certificate of three guarantees and fulfill their commitments. The "three guarantees" certificate shall indicate the rights of consumers and the obligations of operators, and designate qualified maintenance units. If there are quality problems with the goods subject to the "Three Guarantees", the business operator shall return, replace or repair them according to the requirements of consumers, and shall not refuse or shirk. If the term of the "three guarantees" promised by the operator exceeds the prescribed time limit, its provisions shall prevail.
In addition to the "three guarantees" of goods stipulated by the state, the provincial administrative department for industry and commerce may, jointly with the provincial administrative department of quality and technical supervision, business and other relevant industry management departments, formulate the "three guarantees" commodity catalogue and the "three guarantees" period according to the actual situation of this province. The formulation of the "three guarantees" catalogue should listen to the opinions of consumer associations and consumer representatives.
Twenty-fourth operators who undertake the responsibility of returning goods in accordance with the "three guarantees" provisions shall refund the purchase price at one time according to the invoice price of the goods, and shall not charge depreciation fees in violation of state regulations.
If the operator undertakes the replacement responsibility in accordance with the "Three Guarantees", it shall replace the goods of the same model and specification for consumers free of charge. If there are no goods of the same model and specification, the business operator shall return them according to the requirements of consumers, and shall not charge any fees.
If the operator undertakes the repair responsibility in accordance with the "Three Guarantees", it shall repair it within 20 days from the date of receiving the repaired goods, and shall not charge any fees; If the goods cannot be repaired within the validity period, the business operator shall replace the goods of the same model and specification according to the requirements of consumers; If it cannot be used normally after two repairs within the warranty period, the operator shall be responsible for replacement or return.
Twenty-fifth operators to provide goods or services, shall not require consumers to provide personal information unrelated to consumption. Without the consent of consumers, operators shall not disclose consumers' personal information for any reason. Except as otherwise provided by laws and regulations.
Twenty-sixth business operators should guarantee the quality of goods or services given or rewarded to consumers, and shall not be exempted from civil liability such as replacement, repair and rework.
Article 27 If the goods or services insured by an operator in an insurance company cause damage to consumers, the operator shall compensate the consumers for the losses; Consumers can also claim directly from insurance companies according to law.
Article 28 Where an operator sells goods by mail order, television (telephone) or the Internet, it shall ensure that the quality, performance and specifications of the goods are consistent with the advertising and provide them within the promised time limit. If the business operator fails to make a commitment to the time limit for providing goods, it shall deliver the goods within 3 days from the date of receiving the remittance from consumers.
If the goods sold in the way specified in the preceding paragraph are inconsistent with the advertising, consumers can return the goods within 7 days from the date of receiving the goods, and the business operator shall bear the reasonable expenses paid by the consumers and shall not charge any fees to the consumers; There are quality problems, in accordance with the relevant provisions of the state.
Article 29 Operators engaged in the transportation of passengers and goods shall ensure the personal and property safety of passengers and shippers.
The operator shall transport passengers according to the time and frequency specified in the ticket. If the operator delays the delivery, it shall explain the reasons in time, arrange to change other flights or refund tickets as soon as possible according to the passenger's requirements, and properly arrange passenger accommodation in accordance with relevant regulations, and shall not charge any fees.
Operators shall not lower service standards, overload or increase prices midway, and shall not detour, refuse to carry, stop or transport midway without reason.
Thirtieth operators engaged in tourism services shall conclude a written contract with tourists, stating the tourist routes and attractions, prices, schedules, accommodation standards, means of transportation, liability for breach of contract and other matters. When arranging tourism shopping, the place, frequency and time of shopping should be clearly stipulated in the contract in accordance with relevant regulations.
To operate tourism projects that may endanger the personal and property safety of tourists, they should have the technical conditions, service equipment and necessary ambulance facilities to ensure the personal and property safety of tourists, and make a true explanation and a clear warning to tourists.
Operators arbitrarily increase scenic spots or improve the standard of accommodation and transportation, and the increased expenses shall be borne by the operators; If the number of scenic spots is reduced or the standard of accommodation and transportation is lowered without authorization, the corresponding expenses shall be refunded and the liability for breach of contract shall be borne.
Tour guides shall not cheat, coerce or collude with operators to cheat and coerce consumers in tourism activities.
Article 31 Food business operators shall not deal in foods with toxic and harmful substances exceeding the standards prescribed by the state, and shall not use toxic and harmful substances to preserve, polish, color, smoke and bake foods.
Operators engaged in catering industry shall provide food that meets the requirements of health and safety; If it does not meet the health and safety requirements and causes damage to consumers' health, it shall compensate consumers for their losses. Business operators shall inform consumers in advance of the prices of the food and services they provide and accept their choices.
Thirty-second operators engaged in photography and printing should ensure the quality of photography and printing; If the photos taken and developed do not meet the quality requirements, the fees shall be refunded or re-taken or reproduced free of charge according to the requirements of consumers. After providing services, business operators shall deliver all photos and negatives (including digital pictures) to consumers, and shall not keep them themselves or charge them separately; If the consumer's film and negatives are damaged or lost, they should refund the printing fee and pay compensation at 10 times the price of the whole film. If the shooting content has special value, consumers can agree with the operator in advance to print at insured price, and the insured cost does not exceed 3% of the insured amount; If the business operator fails to provide services as agreed or the services provided do not meet the agreed requirements, it shall compensate the consumers for losses according to the agreed insurance amount.
Article 33 Operators engaged in washing and dyeing services shall confirm the condition of clothes with consumers before washing and dyeing, introduce the washing and dyeing effect of clothes to consumers, and indicate it in the service documents. If the operator fails to provide services in accordance with the agreement, resulting in the damage, cross-color, dyeing, loss and other consequences of clothing, it shall refund the fees collected and bear the liability for compensation.
Thirty-fourth operators who hold exhibitions, performances and sports activities shall not arbitrarily reduce the activities and contents announced; If it is really necessary to change the activity items and contents, it shall inform consumers in an effective way 3 days before the scheduled activity time, and refund the ticket according to the requirements of consumers. If the operator fails to inform the consumer 3 days before the scheduled activity time, it shall not only refund the fare to the consumer, but also bear the reasonable expenses paid by the consumer.
Thirty-fifth Internet service business operators should abide by the law, provide civilized and healthy services to consumers, and may not accept minors to surf the Internet. Internet services shall not be used to produce, download, publish or disseminate information containing cults, superstitions, obscenity, gambling, violence, crime, etc., and false propaganda of goods and services shall not be allowed.
Operators providing short message services shall operate according to law, and shall not force or induce consumers to accept paid services, and shall not publish information containing unhealthy content or false information.
Thirty-sixth operators engaged in beauty salons and medical institutions engaged in beauty and plastic surgery services shall clearly mark the price and charge reasonable fees, and shall not increase the price beyond the marked price, and shall not use fake and inferior products. If the agreed effect cannot be achieved, the business operator shall rework or refund the collected fees according to the requirements of consumers; Those who cause personal injury to consumers shall be liable for compensation.
Non-medical institutions shall not engage in cosmetic plastic surgery projects.
Article 37 Business operators engaged in repair and processing services shall inform consumers in advance of the real situation of spare parts, materials, time limit, price, etc. required for repair and processing, and make a list of repair or processing, and repair and processing can only be carried out after the consent of consumers.
Operators shall not steal parts that do not need to be replaced or replace parts, and shall not falsely list maintenance items or falsely claim to replace parts.
The operator shall repair the repaired parts for a period of not less than 30 days; If the operator promises that the warranty period exceeds 30 days, it shall be subject to its agreement. The warranty period is calculated from the date when the goods are repaired and delivered to consumers.
Article 38 Operators engaged in the sale of commercial housing shall clearly stipulate the address, building structure, building area, decoration standard, pricing method, payment method, supporting facilities, property right handling and other contents of the commercial housing in the contract, so as to ensure that the quality of the commercial housing reaches the standards stipulated by the state.
An operator engaged in the sale of commercial housing commits one of the following fraudulent acts, and shall refund the purchase price and interest paid by consumers, compensate for the losses, and bear the compensation of double the paid purchase price: (1) Failing to inform the buyer to mortgage or sell the house to a third party after the conclusion of the contract for the sale of commercial housing; (two) concealing the fact that the pre-sale permit of commercial housing has not been obtained or providing false pre-sale permit of commercial housing; (3) Concealing the fact that the house sold has been mortgaged or sold to a third party; (four) conceal the fact that the houses sold belong to the demolition compensation and resettlement houses.
Thirty-ninth operators engaged in the sale of commercial housing should implement quality warranty for commercial housing in accordance with state regulations. Under normal use, the anti-leakage warranty period of roof waterproofing works, toilets, sewers, rooms and waterproof external walls shall not be less than 5 years. Unless otherwise agreed by the parties, the warranty period of the commercial house shall be calculated from the date when the commercial house is delivered to the consumer, and the maintenance expenses (including the maintenance expenses of public parts) during the warranty period shall be borne by the operator.
Fortieth operators engaged in residential decoration shall agree with consumers in writing on the construction scheme, time limit, quality, price, environmental protection indicators, quality assurance methods, liability for breach of contract, etc. Operators who provide decoration materials shall agree in writing on the name, specifications, environmental protection and safety indicators, grades and prices of the materials, and be accepted and recognized by consumers.
The warranty period of decoration works shall be calculated from the date of completion and acceptance, and shall not be less than 2 years.
Forty-first operators engaged in property management should conscientiously perform the property management contract, accept the supervision of the owners and the owners' committee, and shall not harm the interests of the owners. Failing to provide services as agreed in the contract, the owners' congress has the right to terminate the contract.
Article 42 Medical institutions and their medical staff shall protect patients' right to know and privacy in receiving medical services according to law, and provide convenience for patients to consult and copy prescription notes, hospitalization records, doctor's orders, inspection reports, operation and anesthesia records. Because of the implementation of protective medical measures, it is not appropriate for patients to know or patients cannot exercise the right to know for some reason, medical institutions shall ensure that the relatives of patients exercise the above rights. Without the consent of the patient or his relatives, medical institutions shall not disclose the patient's condition.
Medical institutions should use drugs scientifically, arrange necessary medical examination items reasonably, and charge medical expenses in accordance with the regulations, list the pricing items and charging standards in detail, and issue charging vouchers, and must not link the dosage and examination items with the interests of medical personnel, thus increasing the economic burden of patients. Fees charged in violation of regulations shall be returned to patients.
Medical institutions and their medical personnel shall not purchase or use counterfeit and inferior drugs and medical devices, and shall not produce, sell or use self-made drugs and preparations without approval number; Do not take advantage of his position to ask for or illegally accept patients' property or seek other illegitimate interests.
Forty-third operators engaged in non-public welfare and non-academic training and education services shall truthfully inform the curriculum, teacher status, tuition items and standards. , shall not commit the following acts that infringe upon the legitimate rights and interests of the educated: (1) those who are not legally qualified to recruit the educated; (two) the success of school education is proved by the results of false educatees; (3) Fictitiously reaching a training agreement with relevant operators to ensure that graduates can find jobs and induce the educated; (four) to raise the charging standard or increase the charging items without authorization; (five) reduce the teaching level, arrange unqualified teachers to engage in teaching activities, and do not provide relevant teaching places, teaching equipment and facilities; (6) forcing the educated to terminate their studies by improper means.
If an operator commits one of the acts specified in the preceding paragraph, it shall refund all tuition fees, training fees and other expenses within 5 days from the date when the educated person requests to withdraw from school, and bear the corresponding liability for compensation.
Forty-fourth operators of public services such as water supply, power supply, gas supply, heating, postal services, telecommunications, cable television and the Internet. Fees shall be collected in accordance with the charging standards approved by the competent price department, and fees shall not be raised or increased without authorization, and deposits and deposits shall not be collected. Consumers shall not be restricted from purchasing designated commodities; Do not provide materials, do not charge material fees; If the consumer requests to suspend the service, no suspension fee shall be charged.
The operator shall be responsible for the inspection and maintenance of the equipment. Operators shall take measures to ensure the normal operation of public services during equipment maintenance and repair; If it is really necessary to affect the normal use of consumers, it shall inform consumers at least 3 days in advance.
Forty-fifth operators should fully fulfill their statutory obligations; Where there are no provisions in these regulations, the obligations shall be fulfilled in accordance with the provisions of relevant laws and regulations.
Chapter IV Consumer Organizations
Forty-sixth provinces, cities and counties (districts) shall establish consumer associations according to law. Local people's governments at or above the county level shall, according to the needs of consumers' associations to perform their statutory functions, equip their offices with necessary personnel, and the required funds shall be included in the fiscal budget at the same level.
Consumers' associations can develop individual members and group members in accordance with state regulations, and set up complaint points in places where consumers are concentrated as needed.
In addition to consumer associations, consumers can also set up other consumer organizations according to law.
Article 47 A consumer association shall perform the following duties:
(a) to publicize the laws and regulations protecting the legitimate rights and interests of consumers, to investigate, compare and analyze the quality, price, after-sales service and opinions of consumers of goods and services, and to provide consumers with consumption information and consulting services;
(two) to participate in the relevant administrative departments and industry associations to supervise and inspect the quality, price, safety, hygiene and measurement of goods and services;
(three) to reflect the protection of the legitimate rights and interests of consumers to the relevant administrative departments, trade associations and operators, and to reflect and inquire about the acts that harm the legitimate rights and interests of consumers to the relevant administrative departments and trade associations;
(four) found that there are serious defects in the goods or services, put forward suggestions for improvement to the operators, and report to the relevant administrative departments and industry associations;
(five) to accept consumer complaints, and to investigate and mediate the complaints;
(six) to support consumers to apply for arbitration or bring a lawsuit against acts that harm the legitimate rights and interests of consumers;
(seven) through the mass media to disclose acts that harm the legitimate rights and interests of consumers;
(eight) other work related to the protection of the legitimate rights and interests of consumers.
Forty-eighth consumer associations shall, according to the handling of consumer complaints and consumer demand, issue consumer warning information and consumer guidance information from time to time to help consumers improve their self-protection ability and guide consumers to spend scientifically and reasonably.
Consumer associations can disclose verified consumer complaints to the society.
Consumers' associations shall publish consumer information and disclose consumer complaints legally, objectively and fairly.
Forty-ninth consumer associations and other consumer organizations should strengthen service awareness, standardize their own behavior, strengthen team building, and may not engage in commodity business or profit-making services, and may not recommend commodities and services to the society for profit.
Article 50 The relevant administrative departments and trade associations shall promptly inform the consumers' associations of the information concerning the legitimate rights and interests of consumers. The relevant administrative departments and trade associations shall give a reply to the inquiries of consumers' associations about protecting consumers' legitimate rights and interests within 10 days.
Chapter V Handling of Consumer Disputes
Article 51 When a consumer disputes with a business operator, it can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations to mediate;
(three) to appeal to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court. Fifty-second consumers and business operators are encouraged to resolve consumer disputes through consultation, but they shall not violate the provisions of laws and regulations and shall not harm the public interests and the legitimate rights and interests of others.
Article 53 If a consumer requests a consumer association to mediate a consumer dispute, the consumer association shall decide whether to accept it within 3 days from the date of receiving the application for consumer mediation; If it is not within the scope of acceptance, it shall explain the reasons to consumers.
After accepting the application for mediation of consumer disputes, the consumer association shall conduct mediation within 5 days from the date of acceptance. If an agreement is reached through mediation, a mediation agreement can be made according to the requirements of both parties to the consumer dispute; If mediation fails, the consumer association shall inform the parties of other solutions.
Consumers' associations shall report to the relevant administrative departments if they think that operators have illegal business practices that harm the legitimate rights and interests of consumers. The relevant administrative departments shall deal with it in a timely manner and inform the consumer association in writing of the results.
Article 54 The administrative department shall, within 7 days from the date of receiving the complaint or appeal, make a decision on whether or not to accept it, and inform the consumer or consumer association in writing.
If the administrative department decides to accept it, it shall handle it in time. If it is really the responsibility of the operator, the administrative department shall order it to repair, redo, replace, return goods, make up the quantity of goods, refund the payment for goods, service fees or compensate consumers for losses.
If the administrative department decides not to accept it, it shall explain the reasons. If the administrative department fails to make a decision on acceptance or rejection within the time limit, or refuses to accept the decision of the administrative department, consumers may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 55 A consumer may apply for arbitration according to the arbitration agreement reached with the business operator, or bring a lawsuit according to law.
The Arbitration Commission may set up an arbitration office in the Consumer Association to provide convenience for the parties to resolve consumer disputes. The arbitration of small disputes shall embody the principle of simplicity and quickness, and the arbitration fee shall be waived or reduced.
Consumers and business operators shall perform the arbitration award. If one party fails to perform within the time limit, the other party may apply to the people's court with jurisdiction for compulsory execution.
Article 56 Consumers should provide physical objects, purchase vouchers, service vouchers or other evidence that can prove the existence of consumption relations when resolving consumption disputes.
Article 57 Where there is a dispute over the quality of goods or services and inspection and appraisal are necessary, inspection and appraisal may be conducted in accordance with the agreement between consumers and business operators; If there is no agreement between the two parties, the consumer association or the relevant administrative department that accepts mediation and appeal shall entrust a testing and appraisal institution to conduct testing and appraisal.
The inspection and appraisal fee shall be paid by the operator in advance, and the consumer shall provide an equal guarantee. After the responsibility is clear, the cost of testing and appraisal shall be borne by the responsible party; If the responsibility is not clear, both parties shall share it.
Chapter VI Legal Liability
Fifty-eighth operators in any of the following circumstances, laws and regulations, from its provisions; If there are no provisions, the administrative department for industry and commerce or the relevant administrative departments shall order it to make corrections, and the illegal income may be confiscated according to the circumstances, and a fine of more than/kloc-0 and less than 5 times the illegal income may be imposed. If there is no illegal income, a fine of 10000 yuan may be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification:
(a) in violation of the provisions of the first paragraph of Article 19, making false advertisements or false propaganda for goods or services, deceiving or forcing consumers to buy goods or accept services, tying goods or services or attaching other unreasonable conditions;
(two) in violation of the provisions of the second paragraph of article twenty-first, the goods with serious defects are not recalled;
(three) in violation of the provisions of article twenty-eighth, selling goods by mail order, television (telephone) sales, Internet sales, etc., and the goods are inconsistent with the advertising;
(four) in violation of the provisions of the third paragraph of Article 29 of these regulations, the operator is overloaded, increases the price midway, detours without reason, refuses to carry, stops halfway or transports;
(five) in violation of the provisions of the second paragraph of Article 30, operating tourism projects that may endanger the personal and property safety of tourists, failing to have the technical conditions, service equipment and necessary ambulance facilities to ensure the personal and property safety of tourists, or failing to make a true explanation and clear warning to tourists;
(six) in violation of the provisions of article thirty-first, dealing in food containing toxic and harmful substances exceeding the standards prescribed by the state, or using toxic and harmful substances to keep food fresh, polish, color, smoke and bake, and the food provided does not meet the health and safety requirements;
(seven) in violation of the provisions of the first paragraph of Article 35 of these regulations, accepting minors to surf the Internet, or making, downloading, publishing or disseminating information containing cults, superstitions, obscenity, gambling, violence and crime. Or make false propaganda about goods and services;
(eight) in violation of the provisions of article thirty-sixth, operators engaged in beauty salons and medical institutions engaged in beauty and plastic surgery services do not operate according to law;
(nine) in violation of the provisions of the second paragraph of article thirty-seventh, stealing parts that do not need to be replaced, making a false report about the repair project or replacing parts;
(10) in violation of the provisions of Article 42 of this Ordinance, failing to collect medical expenses in accordance with the provisions, or purchasing and using counterfeit and inferior drugs and medical devices, producing, selling and using homemade drugs and preparations without approval numbers, or linking the dose and inspection items with the interests of medical personnel, or taking advantage of his position to ask for or illegally accept patients' property, or seeking other illegitimate interests;
(eleven) in violation of the provisions of article forty-fourth, water supply, power supply and other public service operators to raise fees, increase fees, restrict consumers from buying designated goods, or charge parking fees;
(twelve) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
Article 59 Where a business operator provides commodities or services, causing personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, income reduced due to absenteeism, transportation expenses, accommodation fees and other expenses; If it causes disability, it shall also pay the disabled person's self-help fee, living allowance, disability compensation and the necessary living expenses of his dependents; If a consumer or other victim dies, he shall pay the funeral expenses, death compensation and the living expenses necessary for the dependents of the deceased before his death; If a crime is constituted, criminal responsibility shall be investigated according to law.
The one-time compensation for the expenses specified in the preceding paragraph shall be implemented in accordance with the relevant provisions of the state.
Article 60 Where a business operator causes mental damage to consumers by providing goods and services, it shall stop the infringement, restore its reputation, eliminate the influence and make an apology.
Business operators who insult or fabricate facts by violence or other means to slander consumers, search consumers' bodies or articles they carry, infringe on consumers' personal dignity or infringe on consumers' personal freedom, thus causing serious consequences, shall stop the infringement, restore their reputation, eliminate the influence, make an apology, and compensate for mental damages of more than 2,000 yuan.
Article 61 If the staff of the administrative departments of industry and commerce administration, quality and technical supervision, food and drug supervision, health and price, and consumers' associations neglect their duties, abuse their powers or engage in malpractices for selfish ends in safeguarding the legitimate rights and interests of consumers, they shall be given administrative sanctions by their units or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 62 The purchase and use of means of production directly used for agricultural production by farmers shall be implemented with reference to these Regulations.