Cement is an important basic raw material for national economic construction, is the "flesh and blood" of construction projects, and its quality is related to the safety of people's lives and property, and is a major livelihood issue. A few days ago, the State Administration of Market Supervision exposed the illegal case of Yangzhou Yadong Cement Co., Ltd. forging the factory cement test report and changing the cement factory inspection method without authorization. This is one of the typical cases exposed in the seventh batch of the "Iron Fist" action of the State Administration for Market Regulation. Netizens clapped their hands and said fast, "Fortunately, thanks to the 'iron fist' attack, the black curtain of fake cement was punctured so quickly, if the fake cement flowed to the market there was a 'tofu slag' project, it is not certain how many people suffered!" ”
Forged cement test reports
Yangzhou Yadong Cement was fined more than 6 million yuan
Netizens' concerns are not unreasonable. So, how was the counterfeit cement case cracked? According to the person in charge of the case supervision of the Jiangsu Provincial Market Supervision Bureau, on April 23, 2021, the law enforcement personnel of the Yangzhou Market Supervision Bureau found during the law enforcement inspection of Yangzhou Yadong Cement Co., Ltd. that the enterprise forged a total of 5 batches of factory cement test reports, totaling 14,809 tons, the value of the goods involved in the case was 6.0873 million yuan, and the illegal income was 619,300 yuan.
"When the parties conducted factory inspection of ordinary Portland cement finished products, they did not inspect the cement leaving the factory in accordance with the GB/T 176-2017 cement chemical analysis method executed at the time of obtaining the certificate, and changed the cement factory inspection method without authorization." Law enforcement officers of yangzhou market supervision bureau said.
The parties forged the factory cement inspection report
On June 21, 2021, the Yangzhou Municipal Bureau of Market Supervision determined that the parties' actions violated the relevant provisions of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses and the Regulations of Jiangsu Province on punishing the production and sale of counterfeit and shoddy goods, and the Yangzhou Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law: (1) ordered to stop the production and sale of ordinary Portland cement; (2) confiscated the illegal production and sale of ordinary Portland cement ;(3) A fine of 5,478,591.6 yuan was imposed on 90% of the value of the illegal products; (4) 619,281.08 yuan was confiscated for the illegal gains.
According to the law enforcement personnel of Yangzhou Municipal Market Supervision Bureau, in the original data record table of chemical wet analysis of the main components of cement produced by the parties on November 19, 20 and 21, 2020, the burn loss content recorded is inconsistent with the test results in the corresponding factory cement test report, and at the same time, the enterprise tampers with the original test data that does not meet the national standard into the test result data that meets the national standard. It also fabricated chloride ion content data in the cement test reports of November 23, 2020 and March 14, 2021.
Once this counterfeit product flows to the market, what kind of harm will it produce?
According to experts, the loss of burn content in cement components is fraudulent, which will cause cement not to have cohesion, and buildings are prone to collapse, which is what is called "tofu residue" project every day. Experts said that for the chlorine content mentioned in the test report exceeded the standard, it will corrode the steel reinforcement of the building, and it is also prone to "tofu residue" projects, if it flows to the market, the consequences are unimaginable.
Zero tolerance for counterfeiting!
Weave a dense web of legal constraints and comprehensively improve the effectiveness of supervision
So, is there similar counterfeiting in the market? What makes companies desperate to take risks to commit counterfeiting? The normal test report should be a report issued by a third-party testing agency, is there a counterfeiting chain? A series of question marks that need to be opened! To this end, the reporter interviewed the responsible persons of relevant departments.
"At present, it is not very common for production and processing enterprises to tamper with inspection data and inspection reports, except for a few cases such as Yangzhou Yadong Cement in Jiangsu Province, no similar production and processing enterprises have been found to be fraudulent." The relevant person in charge of the Law Enforcement Inspection Bureau of the State Administration of Market Regulation told reporters.
The person in charge further explained that "enterprises tamper with inspection data and inspection reports are mostly driven by interests, starting from the psychology of luck, circumventing formal inspections, trying to pass the customs in a vague manner, and finally obtaining improper benefits." In this regard, the law enforcement department adheres to the principle of 'investigating and punishing once found together' and will never tolerate connivance. ”
In view of the cement enterprises tampering with the details of the test report without permission, the reporter asked whether there is collusion between illegal cement enterprises and lawbreakers who sell fraudulent reports online, thus forming a counterfeiting industry chain problem? The Law Enforcement Inspection Bureau of the State Administration for Market Regulation responded:
"At present, it has not been seen that the fraud of cement companies is related to the network test report transaction exposed some time ago. However, zero tolerance for any counterfeiting! In view of the objective situation that some lawbreakers take advantage of the rapid development of the network economy, the relative opacity of online transactions, the relevant laws and regulations on online transactions that need to be improved, and the technical means of law enforcement still need to be improved, as well as malicious fraud, the sale of false inspection and testing reports and other illegal acts, the State Administration for Market Regulation has launched a special rectification action to crack down on illegal acts of online sales of counterfeit inspection and test reports, focusing on urging online trading platforms to verify the qualifications of business operators, clean up and rectify false advertising and publicity information, and strictly investigate relevant illegal acts in accordance with law. Make every effort to safeguard the rights and interests of consumers and safeguard a fair and orderly market environment. ”
It is reported that the State Administration for Market Regulation recently announced 7 typical cases of special rectification actions to crack down on illegal acts of counterfeit inspection and test reports sold online, further increasing the intensity of interpreting the law by case, releasing a signal of strict management and deterring illegal acts.
"In the next step, the market supervision department will explore and improve the monitoring mechanism of the online trading platform, continue to strengthen the supervision of the online and offline inspection and testing market, weave a dense network of legal constraints, comprehensively improve the efficiency of supervision, and create a good market environment." The relevant person in charge of the Law Enforcement Inspection Bureau of the State Administration for Market Regulation said.
Strong supervision and double promotion
Accurately crack down on illegal chains
Combined with the nationwide "Iron Fist" action, how to introduce the "Iron Fist" working mechanism in daily supervision work, so as to strengthen supervision and guide the high-quality development of the industry has become a problem faced by regulators.
In fact, in the face of the new situation, new requirements and new topics, the State Administration for Market Regulation has always attached importance to strengthening the supervision and law enforcement of cement and other products, actively promoting the deep integration of daily supervision and inspection and case investigation and handling in various places, establishing and improving the linkage mechanism of supervision and law enforcement work, and achieving the same force and double promotion through two hands and two hard hands.
"In 2021, the State Administration for Market Regulation carried out the 'Iron Fist' action of investigating and handling cases in the field of people's livelihood around the prominent problem of 'the deepest public resentment, the greatest harm, and the greatest regulatory responsibility', focusing on solving the things that the Party Central Committee cares about, the people are worried about, and the regulators are worried about." All localities have struck hard, investigated and handled a number of 'iron cases' with social influence and exposed them in a concentrated manner, effectively deterring lawbreakers. This is not only to strengthen law enforcement work, but also to reflect strict supervision, the purpose is to let supervision grow 'teeth'. Yu Jun, director of the Department of Press and Publicity of the State Administration of Market Regulation, said in an interview with reporters a few days ago.
In response to the improvement of the regulatory mechanism, the person in charge of the Law Enforcement inspection bureau of the State Administration for Market Regulation said, "The State Administration for Market Regulation has also established a work coordination mechanism including law enforcement case handling and daily supervision departments and bureaus to promote the connection between law enforcement and supervision." In the next step, the General Administration will continue to increase the supervision of cement products, maintain a high-pressure crackdown posture, resolutely crack down on the problems found by supervision, and effectively combine supervision and law enforcement, create a safe and secure consumer environment, and continuously enhance the satisfaction and sense of gain of the people. ”
Seven ministries and commissions worked together
Establish a traceability mechanism for cement product quality
In fact, for the governance of the cement industry, various ministries and commissions are constantly making efforts.
On May 21, 2021, seven ministries and commissions, including the State Administration for Market Regulation, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Ecology and Environment, the Ministry of Commerce, the General Administration of Customs and the State Intellectual Property Office, jointly issued the Opinions on Improving the Quality of Cement Products and Regulating the Order of the Cement Market (hereinafter referred to as the Opinions), which clearly stated that the regulatory authorities should work with relevant industry associations to explore the establishment of a traceability mechanism for cement and clinker quality, and implement refined management, tracking, and clinker from production to consumption. Record the quality and safety information of the whole chain of cement and clinker production, circulation and use, and keep the bottom line of quality and safety.
In order to ensure the effective implementation of the measures of the Opinions, all ministries and commissions have accelerated the implementation of the measures. The State Administration of Market Regulation, together with the Ministry of Industry and Information Technology, strengthened the guidance of relevant industry associations, promoted the construction of product quality traceability system in the cement industry, carried out extensive research on the feasibility and implementation direction of the establishment of cement product quality traceability system, and initially established a cement (bagged cement) product quality traceability system.
At the same time, the relevant industry associations are further studying and demonstrating the comprehensive product quality control system ideas of the cement product quality risk monitoring station, the cement industry comparison verification and testing platform and the cement industry standardized laboratory platform, and have begun to implement it.
The data is unspoken but convincing. In 2021, the market supervision departments at all levels across the country completed a total of 4357 batches of cement product supervision and random inspection, and found 129 batches of unqualified products, with a non-conformity discovery rate of 2.9%; 2899 cement production license-certified enterprises were fully covered supervision and inspection, 10026 cement production and sales enterprises were inspected on-site, 951 safety hazards were found, and the problems found in the inspection were ordered to be rectified according to requirements; 126 cement quality violations were investigated and handled, and 5 cases were transferred to the public security organs.
The relevant person in charge of the Department of Product Quality Supervision of the State Administration for Market Supervision said that in the next step, the State Administration for Market Supervision will focus on the large provinces of the cement industry, focus on ordinary Portland cement with large use and wide application, focus on chloride ions exceeding standards and unqualified strength, and focus on small grinding stations to increase supervision and inspection and supervision and spot checks. At the same time, organize technical experts to carry out quality diagnosis services for cement enterprises at zero distance, help enterprises find the crux of product quality problems, provide targeted solutions, improve product quality levels, and implement the main responsibility of enterprise quality.
All departments are intensively implementing quality improvement actions, so how to build a social co-governance pattern of quality and safety?
The Department of Product Quality Supervision of the State Administration of Market Supervision responded from three aspects: first, to strengthen the popularization of science, interpret the knowledge of cement product quality to consumers, improve the ability to identify fakes and falsehoods, and enhance the awareness of self-protection; secondly, to strengthen the education of the rule of law, widely publicize laws and regulations and industrial policies related to cement standards, quality, consumer rights and interests protection, and enhance the awareness of cement enterprises to comply with the law; in addition, strengthen the guidance of tips, and timely release cement product quality consumption tips through the news media. Guide consumers to choose cement products scientifically and reasonably, strive to create a good social atmosphere in which the government attaches importance to quality, enterprises pursue quality, and everyone cares about quality, and promote the high-quality development of the cement industry.
This article originated from China Economic Network