Article 1 In order to strengthen market supervision, guide producers and sellers to operate in good faith, maintain the market economic order, and protect the lawful rights and interests of producers, sellers, users and consumers, these regulations are formulated in accordance with the provisions of relevant laws and regulations, and in the light of the actual situation of this province.
Article 2 These Regulations shall apply to the activities of investigating and dealing with the production and sale of counterfeit and shoddy commodities, as well as the illegal acts of providing services for the production and sale of counterfeit and shoddy commodities within the administrative area of this province.
Article 3 The investigation and handling of illegal acts of production and sale of counterfeit and shoddy commodities shall be carried out under the principles of unified leadership, division of labor, social supervision, combination of fight and prevention, and comprehensive management, and shall insist on the combination of daily supervision and special investigation and handling, with emphasis on the investigation and handling of counterfeit and shoddy commodities that are closely related to human health and safety of human lives, such as foodstuffs and medicines.
Article 4 The people's governments at all levels are responsible for organizing and leading the work of investigating and dealing with the illegal production and sale of counterfeit and shoddy commodities in their administrative areas.
Departments of quality supervision, industry and commerce, food and drug supervision and administration, health, agriculture, intellectual property rights and public security (hereinafter collectively referred to as the supervisory and management departments) at or above the county level shall be responsible for investigating and dealing with the illegal acts of production and sale of counterfeit and shoddy commodities in accordance with their respective duties, and the laws and regulations stipulating that other relevant departments shall be responsible for the same, shall be governed by the provisions thereof.
Supervision, taxation, finance, price, communications management and other departments shall, in accordance with their respective duties, cooperate with the supervisory and management departments in investigating and dealing with violations of laws and regulations on the production and sale of counterfeit and shoddy goods.
Article 5 The people's governments at all levels shall, in accordance with the law, guarantee the funds for investigating and dealing with the illegal production and sale of counterfeit and shoddy goods.
Article 6 Producers and sellers shall abide by the laws and regulations and be responsible for the quality of the commodities they produce and sell.
Article 7 Encourages trade associations, consumer associations, news organizations and other relevant organizations to supervise the production and sale of counterfeit and shoddy goods in violation of the law.
Units and individuals are encouraged to supervise and report on the production and sale of counterfeit and shoddy goods, as well as the illegal acts of providing services for the production and sale of counterfeit and shoddy goods. Article 8 Producers shall establish and improve the quality management system of commodities, and sellers shall establish the system of commodity purchase inspection and demand for certificates and invoices, and the system of purchase and sale accounts to guarantee the quality of commodities.
Production and sale of counterfeit and shoddy commodities are prohibited; provision of services for production and sale of counterfeit and shoddy commodities is prohibited.
Article 9 No unit or individual shall support, harbor or connive at the production or sale of counterfeit or shoddy goods.
Article 10 Counterfeit and shoddy commodities shall be defined as any of the following:
(1) those that do not conform to the national standards, industrial standards, or local standards for the protection of human health and the safety of persons and property;
(2) those that are adulterated and mixed, passed off as the genuine ones, second-rate ones as the good ones, old ones as new ones, and substandard ones as qualified ones;
(3) those that are not licensed or counterfeit with license numbers according to law; and license or counterfeit license number;
(d) the use of counterfeit raw materials, parts and components for production, processing, production or assembly;
(e) the use of raw materials prohibited by the State for the production of food additives;
(f) the food there is a violation of national standards in excess of the scope of the use of food additives in excess of the limited amount;
(g) the expiration of the expiration date, Failure, deterioration;
(h) the state expressly eliminated or prohibited the production and sale;
(ix) tampering with the date of production, safe use, expiration date, expiration date or shelf life;
(j) counterfeiting of the origin of the goods, forged or fraudulent use of factory names and addresses;
(k) counterfeit certification marks, international standard product mark, mark of fame and quality, anti-counterfeiting marks (k) Counterfeit certification mark, international standard product mark, famous mark, anti-counterfeiting mark, special mark for geographical indications products, special mark for health food products, commodity bar code and other signs, or counterfeit certificates of conformity, inspection reports, quality assurance certificates and other quality documents;
(l) the quality of commodities does not conform to the quality of the logo, the instructions that indicate the quality of the situation;
(m) pirated copies or counterfeit registered trademarks, patents;
(xiv) other counterfeit and shoddy goods as stipulated by laws and regulations.
Article 11 Anyone who uses the commodities listed in Article 10 of these Regulations to provide business services, or uses them as promotional gifts or prizes in prize-selling activities shall be deemed to be selling counterfeit and shoddy commodities.
Article 12 Any of the following circumstances shall be regarded as providing services for the production or sale of counterfeit and shoddy commodities:
(1) Knowing or ought to know that another person produces or sells counterfeit and shoddy commodities, and providing him with production and operation conditions such as sites, equipment, materials, funds, etc., or with services such as warehousing, storage, transportation, and network platforms;
(2) Teaching or providing techniques of production or sale of counterfeit and shoddy commodities. or sales of counterfeit and shoddy commodities or providing supervision services for the production of counterfeit and shoddy commodities;
(3) Knowing or ought to know that another person produces or sells counterfeit and shoddy commodities, and providing him with advertising services in the form of designing, producing, acting, publishing or otherwise;
(4) Knowing or ought to know that another person produces or sells counterfeit and shoddy commodities and providing him with (d) Knowing or should know that others produce or sell counterfeit or shoddy commodities, and providing them with commodity labels, packages, and instructions;
(f) Failure of the organizer of an exhibition to fulfill its responsibility of reviewing, etc., which results in the entry of counterfeit or shoddy commodities into the exhibition or sale place;
(g) Providing others with (viii) Concealing, transferring or destroying the seized or impounded counterfeit and shoddy goods for others. Section I Daily Supervision
Article 13 The supervisory and management departments shall establish and improve the system of supervision and inspection, strengthen daily supervision through inspection and random inspection, and investigate and deal with the illegal acts of production and sale of counterfeit and shoddy commodities in a timely manner.
Supervision and inspection departments shall make records of supervision and inspection, and truthfully record the situation of supervision and inspection and the handling results. Supervision and inspection personnel shall sign the supervision and inspection records.
Supervision and management departments shall strengthen the equipment construction of law enforcement team, increase the on-site rapid detection and investigation equipment, improve supervision and law enforcement capabilities.
Article XIV supervision and management departments shall organize the development of the administrative region to supervise the sampling of commodities directory, may endanger human health and personal and property safety of commodities, affecting the national economy and people's livelihood of important commodities, as well as consumers, the relevant organizations reflect the quality of commodities have quality problems to carry out random inspections. Supervision and management departments in accordance with the supervision of the actual situation, market changes, social demand, etc., can be adjusted to the supervision and sampling of goods catalog.
Supervision and management departments in accordance with the needs of supervision and sampling, you can test the goods. Testing the number of samples taken shall not exceed the reasonable needs of testing, and shall not be charged for testing fees and any other costs.
Article 15 of the supervision and management departments of food, drugs, children's products and other commodities related to human health, life safety of daily supervision and management information shall be promptly announced to the community.
Article 16 The supervision and management departments shall strengthen the supervision of websites providing network trading platform services and investigate and deal with online stores selling counterfeit and shoddy goods.
Where the sale of counterfeit and shoddy commodities is conducted by means of online trading, any unit or individual may file a complaint or report to the supervisory and administrative department where the operator of the website where the offense occurred resides or where the seller is located.
The need to take measures to stop illegal websites continue to engage in illegal activities, the supervisory and management departments shall, in accordance with the relevant provisions of the communications management department where the website is licensed to order the temporary blocking or stop the illegal website access services.
Article XVII supervision and management departments shall strengthen cross-departmental, cross-regional law enforcement collaboration, timely notification of information and statistics, regular exchanges of work, the implementation of case co-examination and mutual recognition of evidence, key, difficult cases to implement joint law enforcement.
Article 18 supervision and management departments to investigate and deal with cases, may exercise the following powers and functions:
(1) to question the relevant producers, sellers, service providers and interested parties, witnesses, and require them to provide relevant information;
(2) inspection of property, premises, inspection, copying, registration and preservation of the relevant contracts, records, sales vouchers, books and other information;
(2) inspection of property, premises, access, copying, registration and preservation of relevant contracts, records, sales vouchers, books and other information.
(3) Seizure and detention of goods suspected of being counterfeit or shoddy, as well as raw materials, semi-finished products, tools and equipment;
(4) other powers and functions prescribed by laws and regulations.
Article 19 When the supervisory and administrative departments investigate and handle cases in accordance with the law, the law enforcement personnel shall not be less than two, and shall show their law enforcement documents.
Administrative law enforcement officers in accordance with the law to investigate and deal with cases, the relevant units and individuals shall cooperate and shall not be refused and interference; be questioned by the producers, sellers, service providers, shall truthfully provide the relevant circumstances and information.
Article 20 of the implementation of the seizure, seizure, must be approved by the person in charge of supervision and management departments at or above the county level, the seized, seized commodities need to be tested, it shall be sent to the test within seven days from the date of seizure, seizure.
Without the approval of the supervisory and management department that implements the seizure, no unit or individual shall unauthorized unsealing, transfer, use, alteration, destruction or sale of the seized goods.
Article 21 If the suspected counterfeit or shoddy goods need to be tested, the supervisory and management departments shall take samples in accordance with the regulations and have them tested by the statutory testing organizations, which shall make a written testing report within the specified period; if the suspected counterfeit is another person's trademark or factory name or address, it can be identified by the infringed person.
The testing fee and sample fee shall be charged by the supervisory and management department that sends the samples for testing in the funds for handling the case or in accordance with the relevant provisions of the state.
If the seized or impounded commodities are not counterfeit or shoddy commodities after testing and identification, the supervisory and management departments shall, in accordance with the law, promptly make a decision on lifting the seizure or impoundment and return them immediately; and if the losses are caused by the fault of the supervisory and management departments, they shall be compensated in accordance with the law.
Producers and sellers who have objections to the test results may, within fifteen days from the date of receipt of the test results, apply to the supervisory and management departments or their superior departments for re-inspection, and the department accepting the re-inspection shall make a conclusion on the re-inspection; and where otherwise provided by laws and regulations, such provisions shall apply accordingly.
Article 22 If the supervision and management departments, in investigating and handling cases, find dens of counterfeiting and distribution centers of counterfeit goods, they shall be banned.
Article 23 If, after the announcement of the seizure of counterfeit and shoddy goods, the offender does not come to the supervisory and management departments to accept the treatment for fifteen days from the date of the announcement, the supervisory and management departments may confiscate the counterfeit and shoddy goods together with the articles involved in the case, but they are not exempted from other legal liabilities of the offender.
Article 24 If the supervision and management department investigates or handles a case in accordance with law and finds that the violation is suspected to be a crime, it shall, within seven days, transfer the case to the public security organ for investigation or handling and copy it to the people's procuratorate at the same level and to the supervisory organ.
The public security organs to investigate and handle cases according to law, for violations that do not constitute a crime, shall be transferred to the relevant supervisory and management departments for investigation and handling within seven days.
After receiving the transferred case, the relevant organ or department shall sign the return receipt of the case transfer; the decision to accept, shall inform the transferring department in writing of the results of the investigation and handling; in the case of inadmissibility, shall state the reasons in writing, and notify the department that transferred the case. When the case is transferred, the investigation materials and seized property shall be transferred together, shall not be involved in the case and property shall be dealt with separately.
Article 25 The people's procuratorates and supervisory organs shall strengthen the supervision of the supervisory and management departments in the transfer of suspected crimes, the public security organs of the criminal case and investigation activities.
Supervision and management departments should be transferred to the public security organs suspected of criminal cases but not transferred, any unit or individual has the right to report to the people's procuratorate, the supervisory organs.
The people's procuratorate shall supervise, in accordance with the law, the failure of the public security organs to file cases that should be filed.
Section II Special Investigations
Article 26 The people's governments at or above the county level may organize the relevant administrative departments to implement special investigations of key commodities, key markets and key areas.
Supervisory and management departments shall take counterfeit and shoddy food, drugs, pesticides, fertilizers, seeds, medical devices, special equipment, etc., which are strongly reflected by the masses and socially hazardous, as key commodities to be investigated and dealt with; and take the distribution centers and areas or markets where counterfeit and shoddy commodities are abundant and where the manufacture and sale of counterfeits is serious, as key areas to be investigated and dealt with.
Article 27 The people's governments at or above the county level shall strengthen the organization and coordination of the special investigation work, formulate the special investigation work plan, and implement the work responsibility and accountability system.
The people's governments at or above the county level, the relevant departments shall cooperate with each other, joint law enforcement.
Article 28 In the event of the occurrence of counterfeit and shoddy commodities that seriously jeopardize the production, human health, life and property safety, the people's governments at or above the county level shall classify them as key cases.
The key cases shall be subject to a leadership responsibility system. The main person in charge of the government is the first person responsible for investigating and dealing with the key cases, and is responsible for supervising the investigation and dealing with the cases.
Investigating and dealing with key cases, the public security organs and supervisory organs shall increase their efforts to investigate and deal with crimes related to commercial bribery.
Article 29 When investigating and dealing with key areas for the production and sale of counterfeit and shoddy commodities, the investigation and dealing with wholesalers of bulk counterfeit and shoddy commodities, as well as units and persons providing transportation, warehousing, storage and other services for the production and sale of counterfeit and shoddy commodities, shall be strengthened.
Article 30 The special investigation and handling of counterfeit and shoddy foodstuffs shall strengthen the supervision and inspection of all kinds of foodstuffs wholesale markets, marketplaces, foodstuffs production and processing workshops, foodstuffs vendors, foodstuffs stores and restaurants scattered in the neighborhoods, urban-rural combinations, villages and towns, and the vicinity of primary and secondary schools.
Special investigations into counterfeit and shoddy medicines should focus on the production and sale of counterfeit, substandard, expired and invalid medicines and medical devices that do not conform to the standard regulations, or that have deteriorated or expired.
Special investigation and handling of counterfeit and shoddy agricultural production materials and agricultural products shall strengthen the monitoring and inspection of agricultural wholesale markets, distribution centers, business stores and logistics and distribution centers.
Article 31 The people's governments at all levels shall report to the people's governments at the next higher level on the deployment of efforts to investigate and deal with counterfeit and shoddy commodities in their respective areas and on the investigation and handling of key cases, and shall make the investigation and handling situation open to the public in accordance with the law.
Section III Credit Information and Categorized Supervision
Article 32 The supervisory and administrative departments shall establish a record system for the illegal behavior of producers and sellers, and record in the supervisory files and strengthen supervision of producers and sellers who have been subjected to administrative penalties for the production and sale of counterfeit and shoddy commodities.
Article 33 The supervisory and management departments shall publicize in a timely manner through the government website or other means the relevant information of the producers and sellers who have been subjected to administrative penalties for the production and sale of counterfeit and shoddy commodities, as well as their legal representatives, persons-in-charge and persons directly responsible for them.
Publication matters include the name, name, address, legal representative or person in charge, and the name and position of the directly responsible person of the offending producer or seller, the name of the counterfeit or shoddy goods, the cause of the offense, the decision on the administrative penalty, and the date of the announcement and the end of the information.
Article 34 The people's governments of provinces, prefectures and municipalities shall take measures to establish and improve the information system, and realize the *** enjoyment of resources such as the investigation and handling of cases and enterprise credit information between departments.
Article 35 The supervisory and management departments shall, in accordance with the relevant provisions of the state and provinces, implement categorized supervision based on the credit information records of producers and sellers and other circumstances.
Article 36 The producers and sellers of multiple violations of the law or violations of the circumstances of the bad, the supervision and management departments shall be included in the list of key regulatory objects.
In the daily supervision and inspection and special investigations, the supervision and management departments of the producers and sellers included in the list of key regulatory objects, shall increase the frequency of inspection and sampling, and can be ordered to report on a regular basis on quality management.
Article 37 The supervision and management departments shall notify the list of key regulatory objects at the same level of development and reform, finance, taxation, health, environmental protection, science and technology, quality supervision, industry and commerce, economy and information technology, finance and other departments for reference in the implementation of industrial planning, bidding and purchasing, administrative approvals, import and export management, finance and credit and other related decision-making.
The producers and sellers included in the list of key regulatory objects, the relevant departments shall implement measures to restrict access in accordance with the law.
Article 38 The people's governments at or above the county level shall strengthen the integrity of publicity and education, and urge producers and sellers to strictly abide by the law, integrity management; encourage and support enterprises to enterprise quality system certification, product quality certification, and strive to create famous brands.
Supervision and management departments, certification bodies shall, in accordance with the law, well-known trademarks, famous trademarks and enterprise product quality certification and other information to the public, to facilitate public understanding of the credit status of enterprises and the quality of goods.
For producers and sellers who operate in good faith and have no record of violation of the law, the relevant industry associations can give recognition and disclose to the public.
Section IV: Assessment of Supervisory Work and Accountability
Article 39 The people's governments at or above the county level shall incorporate the work of investigating and dealing with violations of the law on counterfeit and shoddy commodities into the scope of the evaluation of the comprehensive governance of social management, set up and improve the system of assessment of responsibility, and regularly assess the following work of their supervisory and management departments and the people's governments at the lower levels:
(1) to assess the work of the administrative region in producing and sale of counterfeit and shoddy commodities in the administrative area;
(ii) the rectification of key commodities, markets and areas in the administrative area;
(iii) the construction of the regulatory system and law enforcement team;
(iv) the support and cooperation to the higher-level government and its functional departments or law enforcement departments in the field in investigating and dealing with illegal behaviors of producing and selling counterfeit and shoddy commodities in the administrative area;
(v) the support and cooperation to the higher-level government and its functional departments or law enforcement departments in the field in investigating and dealing with
(v) the cooperation and coordination of the relevant departments in the administrative region in the investigation and handling of the production and sale of counterfeit and shoddy goods;
(vi) the implementation of other investigation and handling work.
The criteria, procedures and results of the assessment shall be made public.
Article 40 In areas where the illegal activities of production and sale of counterfeit and shoddy commodities are serious and repeated, the people's governments at or above the county level shall specify the time limit and requirements for rectification, and may directly supervise and oversee the work.
Article 41 The supervisory organs of the people's governments at or above the county level shall strengthen the supervision of the supervisory and management departments of the people's governments at their respective levels and the administrative and law enforcement personnel, and investigate and deal with those who do not exercise their powers in accordance with the law, or who shirk their duties or fail to fulfill their legal obligations.
Article 42 The people's governments at or above the county level and their supervisory and management departments shall strengthen the construction of law enforcement teams, strict management of law enforcement personnel, strict supervision, and strengthen the training and assessment.
The people's governments at or above the county level and their supervision and management departments shall establish administrative law enforcement supervision system, supervision and inspection of law enforcement personnel of administrative law enforcement behavior.
Article 43 The people's governments above the county level and its relevant departments shall establish law enforcement accountability system. One of the following circumstances, shall be investigated according to law, the person in charge, directly responsible for the competent person and other directly responsible personnel responsibility:
(a) supervision and management department supervision and management departments, causing serious consequences;
(b) supervision and management departments and other relevant departments with the responsibility of investigating and dealing with the law should be accepted for referral of cases to shift the blame or not accepted, resulting in serious consequences
(3) abuse of power, causing damage to the legitimate rights and interests of citizens, legal persons and other organizations.
State officials who collude with those who make and sell counterfeits, or harbor or connive at illegal activities of producing and selling counterfeits and shoddy goods shall be investigated and dealt with according to law. Article 44 The industry associations shall establish and improve the industry self-regulatory mechanism of honoring trustworthiness and punishing dishonesty, guide and supervise the business activities of producers and sellers, and guide them to produce and operate in accordance with the law, fulfill their social responsibilities, and safeguard their legitimate rights and interests.
Industry associations shall promptly report to the supervisory and management departments if they discover any illegal behaviors in the production and sale of counterfeit and shoddy goods in the industry.
Supervisory and management departments shall learn from the industry associations, producers and sellers about the relevant situation of the quality of goods in the industry, and discover the problems and deal with them in a timely manner.
Article 45 consumer associations and other organizations for the protection of consumer rights and interests on the quality of goods reflected by consumers, have the right to recommend the relevant departments responsible for dealing with the support and assistance to consumers on the damage caused by the quality of goods to the people's court.
Article 46 The product quality certification body shall, in accordance with state regulations on the use of certification mark of goods allowed to carry out post-certification tracking inspection; does not meet the certification standards and the use of certification mark, and require it to make corrections; the circumstances are serious, the use of certification mark of the cancellation of its qualifications.
Article 47 The press, radio, television, Internet and other media shall increase public opinion supervision, focusing on the exposure of counterfeiting dens, the distribution of counterfeit goods, a huge number of key cases, the seriousness of the case, as well as harboring, conniving at the production and sale of counterfeits and other criminal acts.
Article 48 encourages social organizations, grass-roots mass self-governance organizations and the media to carry out knowledge of commodity safety and the popularization of relevant laws and regulations, and to guide consumers to choose legal producers, sellers of goods produced and sold by the goods, as well as legally labeled goods, and to enhance consumers' awareness of commodity safety and the ability to prevent and recognize counterfeiting.
Article 49 Users and consumers have the right to demand that the goods provided by producers and sellers meet the requirements for safeguarding the safety of persons and property; they have the right to enquire, comment on and supervise the quality of goods from producers and sellers of goods, and to criticize and make suggestions on the investigation and handling of the production and sale of illegal acts of producing and selling counterfeit and shoddy goods.
Users and consumers who have suffered personal or property damage from the purchase or use of commodities have the right to receive compensation in accordance with the law.
Encourage and support users and consumers to safeguard their legitimate rights and interests through complaints, mediation, arbitration and civil litigation.
Article 50 Any unit or individual has the right to report to the supervisory and management departments on the production and sale of counterfeit and shoddy goods in violation of the law. Encourage and support the producers and sellers of counterfeit their goods to investigate and report violations.
The legitimate rights of informants are protected by law, prohibit crackdowns and retaliation against informants. Supervision and management shall maintain confidentiality for the informer.
Article 51 The supervision and management departments shall open up channels for complaints and reports to the community to publicize information such as reporting telephone numbers, e-mail addresses.
Supervision and management departments receive complaints, reports, should be timely, complete records and properly preserved. Complaints, reports of matters belonging to the department's responsibilities, should be accepted, and promptly verified according to law, processing, reply; does not belong to the department's responsibilities, it should be transferred to the department entitled to deal with, and inform the report, the complainant.
Article 52 of the cases investigated and dealt with according to law, the supervision and management department to give the informant more than one percent of the amount of confiscated money, less than ten percent of the reward; no confiscated money, give appropriate incentives. Reward in the case of funds.
The specific measures of reward by the provincial people's government to develop.
Article 53 Producers and sellers shall not fabricate or disseminate false information to damage the business reputation and commodity reputation of competitors. Article 54 Anyone who produces or sells counterfeit or shoddy goods or provides services for the production or sale of counterfeit or shoddy goods, constituting a crime, shall be investigated for criminal responsibility according to law.
Article 55 Where a person produces or sells goods listed in Items 1, 2, 3, 4, 5 and 6 of Article 10 of these Regulations, he shall be ordered to stop the production or sale, confiscate the sales proceeds and the illegally produced or sold goods, and shall be subject to a fine of at least equal to or not more than three times the value of the illegal goods in the batch.
Production and sale of commodities listed in Article 10, Item 7 of these Regulations, shall order the cessation of sales, confiscate the illegal sale of goods, and impose a fine of not more than two times the amount of the value of the illegal sale of goods; there are illegal income, and confiscate the illegal income.
Production and sale of goods listed in Article 10, paragraph 8, 9, 10, 11, 12 of these Regulations, shall be ordered to correct, confiscate the illegal production and sale of goods, and impose illegal production and sale of goods the value of the amount of fines equal to or less than the amount of the goods; there is illegal income, and confiscate the illegal income.
Production and sale of goods listed in Article 10, paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of these Regulations, laws and regulations on the punishment of other provisions, shall be subject to its provisions. Production and sale of goods listed in Article 10, Item 13 of the Regulations, in accordance with the "Trademark Law of the People's Republic of China", "Patent Law of the People's Republic of China", "Copyright Law of the People's Republic of China" and other relevant laws and regulations shall be punished.
Article 56 The production and sale of food products listed in Article 10, items 1, 2, 3, 4, 5, 6, 7 and 8 of these Regulations, endangering human health and safety of life, the confiscation of the illegal income, illegal production and operation of food products and tools used for illegal production and operation of equipment, raw materials and other items, revocation of licenses; illegal production and operation of food products less than 10,000 yuan of the value of the amount, and impose a fine of 50,000 yuan; The value of goods amounting to more than ten thousand yuan, and impose a fine of ten times the value of goods.
Production and sale of drugs listed in Article 10, items 1, 2, 3, 4, 7 and 8 of these Regulations, endangering human health and safety of life, confiscate the illegal production and sale of drugs and the proceeds of the violation, the approval of the documents of the drug shall be revoked, ordered to stop production, suspension and reorganization, and revocation of licenses; and impose illegal production and sale of drugs more than two times the amount of value of the goods less than five times the fine.
Production and sale of other commodities listed in Article 10, items 1, 2, 3, 4, 7 and 8 of these Regulations, endangering human health and safety of life, shall order the cessation of production and sale, and confiscate the sales revenue and illegal production and sale of commodities; belonging to the Article 10, items 1, 2, 3, 4, and impose a fine of three times the amount of the value of the goods of the illegal batch of commodities; belonging to the seventh item of Article 10 and impose a fine of two times the amount of the value of the illegal batch of commodities. Commodity value of two times the amount of fines; Article 10, paragraph 8, and impose the illegal goods of the amount of fines equal to the value of the goods.
Article 57 Anyone who commits any of the acts listed in Article 11 of these Regulations shall be punished in accordance with the provisions of Articles 55 and 56 of these Regulations.
Article 58 Anyone who commits any of the acts listed in Article 12 of these Regulations shall be ordered to make corrections, confiscate the service income, and be fined not more than 100,000 yuan, and if the service income is more than 100,000 yuan, be fined not less than double and not more than triple of the service income; laws and regulations provide otherwise, shall be subject to the provisions thereof.
Anyone who prints, produces or provides counterfeit logos or packages on behalf of others shall, in addition to being punished in accordance with the provisions of the preceding paragraph, be subject to the confiscation of counterfeit logos, packages, molds, raw materials and semi-finished products, and, in serious cases, the confiscation of the production equipment, and the revocation of the license in accordance with the law.
Article 59 If a producer or seller violates the provisions of these Regulations and has its license revoked according to law, the legal representative or person in charge of the unit as well as the person directly responsible for the unit shall not be allowed to engage in the production and operation and management activities in the same industry within five years; if otherwise provided by laws and regulations, the provisions shall apply.
Article 60 Violation of the provisions of Article 20 of these Regulations, unauthorized unsealing, transfer, use, alteration, destruction, sale of seized items, shall be imposed on the amount of the goods value of the items more than three times the amount of the fine; there are illegal income, and confiscate the illegal income.
Article 61 Where an offender is guilty of any of the following, he shall be punished more severely in accordance with the provisions of laws and regulations, and may be ordered to suspend business, close down, or revoke the license in accordance with the law:
(1) mass production and sale of counterfeit and shoddy goods;
(2) production and sale of counterfeit and shoddy goods as a regular business or production and sale of counterfeit and shoddy goods that has been investigated and punished and then commits a second offense;
(3) producing and selling counterfeit and shoddy goods as a regular business or producing and selling counterfeit and shoddy goods that have been investigated and punished; and investigated and dealt with;
(3) Promoting counterfeit and shoddy goods by means of bribes or kickbacks;
(4) Producing or selling counterfeit and shoddy goods in larger amounts or under other serious circumstances.
Article 62 If the offender has one of the following circumstances, the punishment shall be mitigated or reduced in accordance with law:
(1) voluntarily stopping the unlawful act and recalling the counterfeited or shoddy commodities;
(2) denouncing the other unlawful or criminal acts and showing meritorious performance;
(3) the seller has sufficient evidence to prove that he/she doesn't know that the commodities are the commodities listed in Article 10 of the Regulations and truthfully explains that he/she has bought the commodities. (c) the seller has sufficient evidence to prove that he does not know that the goods are listed in Article 10 of the Regulations and has truthfully stated the channel of purchase;
(d) effective measures have been taken to prevent the harm caused by the counterfeit and shoddy goods.
Article 63 Where a party is not satisfied with the penalty decision made by the supervisory and management department, he may apply for administrative reconsideration or institute administrative proceedings in accordance with law.
Article 64 The counterfeit and shoddy commodities and production tools, equipment, raw materials and semi-finished products confiscated in accordance with law shall be disposed of in accordance with the relevant provisions and shall not be sold directly.
Article 65 If the illegal behavior of producers and sellers causes damage to users and consumers, they shall bear civil liability according to law.
Consumers due to the purchase, use of goods, their legitimate rights and interests have been harmed, to the seller for compensation, the seller shall first assume the responsibility for compensation, and shall not be refused. After the seller compensation, belongs to the producer's responsibility or belongs to the other seller to provide goods to its responsibility, the seller has the right to recover from the producer or other sellers. If it belongs to the producer's responsibility, the consumer may also demand compensation from the producer in accordance with the law.
Article 66 State employees in one of the following circumstances, by their units or the appointment and removal organs, the supervisory organs in accordance with the management authority and the relevant provisions of the sanctions; constitutes a crime, shall be held criminally responsible:
(a) the use of their powers to harbor the illegal units or individuals;
(b) have the responsibility to investigate and deal with but do not fulfill the duties, or for the Violators of the information to help them avoid investigation and handling;
(c) the law should be transferred to the judicial authorities to pursue criminal responsibility and not transfer or transfer of cases that should be accepted in accordance with the law is not accepted;
(d) should be accepted complaints, reports of cases are not accepted or delayed;
(e) divulging information about whistleblowers or the use of authority to the whistleblower retaliation, framing;
(F) the use of authority to interfere with and hinder the investigation and handling of work;
(VII) abuse of power, to the citizens, legal persons and other organizations of the legitimate rights and interests of the damage caused.
Article 67 The supervisory and management departments and their law-enforcement officers who exercise their powers in violation of the law and cause damage to the lawful rights and interests of citizens, legal persons and other organizations shall be compensated in accordance with the relevant provisions of the Law of the People's Republic of China*** and the State Compensation Law.
Article 68 Obstructing administrative law enforcement officers in the performance of their duties in accordance with law, without using violence or threatening methods, shall be punished by the public security organs in accordance with the relevant provisions of the "Law of the People's Republic of China **** and the State of Public Security Administration Punishments"; in the case of the use of violence or threatening methods, shall be investigated in accordance with the "Criminal Law of the People's Republic of China **** and the State of Criminal Law" shall be held criminally liable. Article 69 These Regulations shall come into force on November 1, 2012 .