Whether the counter placed expired medical equipment punishment

After the investigation, B medical equipment is A medical device business enterprise from C medical device business enterprise purchase, with the relevant qualification of the supplier, no purchase acceptance record. A city drug administration on the A medical equipment business enterprises operating expired medical equipment whether to give punishment, produced two different opinions. The first opinion is that the A medical device business enterprises according to the operation of expired medical devices to reduce the penalty. In this case, A medical device business enterprise did not follow the requirements of the expired medical devices stored in the warehouse of the substandard products area, directly placed in the business premises of the counter, and did not make any marking, the law enforcement officers can be regarded as business behavior. According to the second paragraph of Article 26 of the Regulations for the Supervision and Administration of Medical Devices, "Medical device business enterprises shall not deal in unregistered, unqualified, expired, invalid or obsolete medical devices." Punished in accordance with the provisions of Article 39 of the Regulations for the Supervision and Administration of Medical Devices, but taking into account that A medical device business enterprise asked for the relevant qualification of C medical device business enterprise when purchasing B medical device products, although it did not store the expired medical devices according to the requirements, but there is no possibility of actual sales from the appearance of the products, and it can actively cooperate with the inspection during the investigation of law enforcement officers, so it is mitigating the punishment. The second opinion is that A medical device business enterprise shall not be punished. In this case, although A medical equipment business enterprise did not follow the requirements of the expired medical devices stored in the warehouse of the substandard products area, but from the outside of the product does not have the possibility of actual sales, and A medical equipment business enterprise can correct the illegal behavior in time, according to the "Administrative Penalty Law", Article 27, paragraph 2 of the provisions: "The violation of the law is minor and corrected in a timely manner, did not cause any harm, and no administrative penalty. If the violation is minor and corrected in time, without causing harmful consequences, no administrative penalty shall be imposed." Analysis The author agrees with the first opinion for the following reasons: A medical device business enterprise did not follow the requirements of the expired medical devices stored in the warehouse in the substandard products area, although from the appearance of the product can actually sell out the possibility is not large, but does not rule out the existence of sales behavior, and therefore can not be proved not to cause harmful consequences, and therefore should be given administrative punishment. The first opinion takes into account both the objective existence of the illegal behavior of A medical device business enterprise, and also takes into account that the illegal behavior is minor and can be corrected in time, and reduces the punishment of A medical device business enterprise according to the operation of expired medical devices, which is more in line with the legislative purpose of the Administrative Punishments Law. Neither indulge the illegal behavior of the parties, but also take into account the interests of the parties, to ensure the fairness of the punishment. (The author unit: Inner Mongolia Chifeng City Food and Drug Administration)