Whether it is for personal use or for sale on behalf of the buyer, it is completely legal as long as it is under the supervision of the relevant authorities and has obtained the Imported Drugs Registration Certificate and has been purchased on behalf of the buyer through the normal payment of tariffs. If the purchasing process violates the law, avoids customs supervision and evades tariffs, it is illegal regardless of the method used.
According to the relevant provisions of the Drug Administration Law:
Article 74 The production and sale of substandard drugs shall be subject to the confiscation of the illegally produced and sold drugs and the illegal income, and to a fine of not less than double and not more than triple the amount of the value of the illegally produced and sold drugs; and if the circumstances are serious, the company shall be ordered to stop production, suspend business and rectify the situation, or to revoke the documents certifying the approval of the drugs and to suspend the drug production licenses, drug operation licenses or medical institution preparation licenses. Business License" or "medical institutions preparation license"; constitutes a crime, shall be investigated for criminal responsibility.
Article 75 Enterprises or other units engaged in the production and sale of counterfeit medicines and the production and sale of substandard medicines under serious circumstances shall not allow their directly responsible supervisors and other directly responsible persons to engage in the production and operation of medicines within ten years. Raw and auxiliary materials, packaging materials, and production equipment used exclusively for the production of counterfeit or substandard drugs by the producer shall be confiscated.
Article 76 Anyone who knows or should know that the drugs are counterfeit or substandard and provides them with transportation, storage or warehousing facilities shall be confiscated all the income from transportation, storage or warehousing, and shall be fined at a rate of not less than fifty percent and not more than three times the amount of the unlawful income; and if a crime is constituted, the person concerned shall be held criminally liable in accordance with the law.
But at the same time, Article 48 also provides for six situations that are punishable as counterfeit drugs, including those prohibited for use by the State Council's drug administration department; those that must be approved according to the Drug Administration Law but are not approved for production or importation, or those that must be inspected according to the Law but are sold without inspection; those that are deteriorated; those that are contaminated; those that are used in accordance with the Drug Administration Law and must be given an authorization number but have not obtained one; those produced from raw materials; and those labeled as "raw drugs. Raw materials produced by the drug; labeled indications or functions beyond the prescribed scope.
Expanded
In 2014, Lu Yong sales of fake drugs case sensational, Lu Yong for more than 1,000 netizens to share the purchase of generic Gleevec Indian anticancer drug channels, known as the "anticancer drugs on behalf of the purchase of the first person," the Procuratorate for the crime of selling fake drugs. Gleevec generic drugs are not drugs without efficacy, on the contrary, its efficacy and the original drug is basically the same, but Lu Yong did not obtain the "imported drugs registration certificate", his behavior is suspected of selling fake drugs. Later, the court found that Lu Yong purchased the drugs just to help his friends, did not profit from them, does not constitute the crime of selling fake drugs, and eventually exempted from criminal punishment.
The so-called fake drugs refer to drugs and non-drugs that are fake and punishable as such in accordance with the provisions of the Drug Administration Law. Article 48 of China's Drug Administration Law stipulates that drugs that "must be approved in accordance with this Law but are produced or imported without approval" are punishable as fake drugs.
Zhang Liying said, according to the provisions of the "Amoy drug" due to the specific production of the main body, purchase channels, sales staff, purchasing methods, drug classification, etc., may involve different violations.
For example, part of the so-called "Amoy drug" of the actual manufacturer is no drug production license "black workshop", also did not get the drug approval number, part of the health food posing as a drug, and the "Amoy drug" in the transportation, storage, warehousing process may occur quality changes, involving the violation of the administrative licensing of drugs, drug quality control and other administrative regulations, which led to the perpetrator was confiscated the illegal income, and impose fines and other administrative penalties; serious suspected of producing, selling counterfeit drugs, substandard drugs and other criminal offenses, need to bear criminal responsibility.
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