What are the administrative penalties for the production and sale of counterfeit medicines?
A. What are the administrative penalties for the production and sale of counterfeit medicines? 1, "Chinese People's *** and State Drug Administration Law" Article 74: the production and sale of counterfeit drugs, confiscate the illegal production and sale of drugs and illegal income, and impose illegal production and sale of drugs more than two times the value of the amount of more than five times the following fine; with the approval of the drug shall be revoked, and ordered to stop production, suspension and reorganization; the circumstances are serious, the revocation of "Drug Manufacturing License," "Drug Operation License" or "Medical Institutions Preparation License"; constitutes a crime, shall be investigated according to law, the administrative penalty measures? " or "medical institutions preparation license"; constitutes a crime, be held criminally responsible. 2. Article 76 of the Drug Administration Law of the People's Republic of China: Enterprises or other units engaged in the production or sale of counterfeit drugs or in the production or sale of substandard drugs under serious circumstances shall be prohibited from engaging in the production or sale of drugs for a period of 10 years for the persons in charge directly responsible and other persons directly responsible. The raw and auxiliary materials, packaging materials and production equipment used by the producer for the production of counterfeit or substandard drugs shall be confiscated. (3) Article 68 of the Regulations for the Implementation of the Drug Administration Law of the People's Republic of China: If a medical institution uses counterfeit or substandard drugs, it shall be punished in accordance with the provisions of Articles 74 and 75 of the Drug Administration Law. Second, the production and sale of counterfeit medicines, what is the administrative penalty procedure? 1, file: found on the production, sale, use of fake drugs to review the illegal behavior, decide whether to file. 2, investigation: the case, designate a person responsible for the timely organization of investigation and evidence collection, law enforcement officers in line with the circumstances should be recused. Investigation of law enforcement officers should show law enforcement documents and not less than two people, inform the parties have the right to state, defense, and should keep the relevant secrets of the parties. 3, review: the case of illegal facts, evidence, investigation and evidence collection procedures, the application of the law, the type and range of penalties, as well as the reasons for the parties to state the defense and other aspects of the review, and put forward processing opinions (the main evidence is insufficient to supplement the investigation in an appropriate manner). 4, inform: before making a decision on administrative penalties, shall inform the parties in writing of the facts of the violation and their rights to state, plead, request a hearing and so on. 5, decision: according to the hearing to decide whether to give administrative penalties, complex or major violations to give heavier administrative penalties, should be the head of the food and drug industry and commerce department to discuss the decision collectively. Need to give administrative penalties according to law, should produce administrative penalty decision, set out the facts and evidence of violations, the basis and content of the penalty, administrative reconsideration and litigation channels and deadlines and so on. 6, delivery: the direct delivery of the administrative penalty decision shall be sent to the party within 7 days, delivery by mail, the period of time in accordance with the "Food and Drug Administrative Penalty Procedures". In summary, the production and sale of counterfeit drugs is an illegal act, the industrial and commercial bureau will make administrative penalties after investigating and dealing with the relevant enterprises, the production and sale of counterfeit drugs administrative penalties are mainly fines, revocation of business license and confiscation of illegal income. The procedure of administrative punishment includes filing a case, investigating the production of counterfeit drugs, reviewing the case and making a decision. If the enterprise is not satisfied with the punishment, it can get the decision letter and initiate a reconsideration.