1. The illegal production and sale of drugs and the proceeds of the offense will be confiscated, and the illegal production and sale of drugs will be fined more than double the value of the amount of more than triple the amount of fines;
2. If the circumstances of the perpetrators of the seriousness of the situation, they will be ordered to stop production, suspend rectification and or revocation of the approval of the drugs. The company's website is a good source of information about the company's products.
1, suspected of producing and selling substandard drugs crime elements are as follows:
1, the production and sale of substandard drugs crime object is a complex object, including the state's management system of medicines, but also includes the right to health of the citizens;
2, the production and sale of substandard drugs crime in the objective aspect of the production and sale of substandard drugs, the production and sale of substandard drugs, causing serious harm to human health behaviors; 3, The subject of the crime is a general subject, including both natural persons and units;
4. The crime of production and sale of substandard medicines is manifested in the subjective aspect of intentionality, and negligence cannot constitute the crime of production and sale of substandard medicines.
Second, the production and sale of substandard drugs crime filing criteria are as follows:
1, the production and sale of substandard drugs crime filing criteria is must produce and sell counterfeit medicines amounted to more than 50,000 yuan, the production and sale of shoddy products, individuals or units, the amount of money involved in the case of more than 50,000 yuan;
2, the production, sale of shoddy products have not yet sold the situation;
3, the amount of counterfeit and shoddy products sold does not exceed 50,000 yuan, but has sold counterfeit and shoddy products involved in the amount of multiplied by three times, and did not sell the shoddy products, the total amount of the sum of these two more than one hundred and fifty thousand dollars in the case of the total.
The so-called expired drugs are those that have not been used within the expiration date and have potential quality problems. A survey of the drug regulatory department showed that: about 78.6% of the families in China have spare medicines, 52.4% of the families have a small family medicine box. However, as many as 73.6% of families neglect the storage conditions of medicines, and at least 80% of families do not have the habit of cleaning up expired medicines on a regular basis? [2]?
Ninety percent of the respondents had the experience of throwing away expired medicines, and the problem was even more serious in rural areas; some said they were worried that expired medicines would be reintroduced into the market, so they would remove the packaging and throw them away, or flush them down the drain; and some older individuals would sell the medicines to "high-priced" drug dealers.
Harms of expired drugs
Expired drugs not only have no value, but also produce many harms, mainly in the following areas? [3]? :
1. triggering medication? Safety issues after the expiration date of the drugs, not only may lose the original therapeutic effect, but also may be due to the internal quality and other changes, the production of harmful substances to the human body. If people use the expired drugs, light may be delayed treatment, cause other health damage, or even threaten the safety of life. According to the provisions of the Drug Administration Law, drugs that have exceeded the expiration date are inferior drugs and are prohibited from production and sale. Some unscrupulous elements recover expired drugs at low prices, change the packaging and then sell them through illegal channels to remote areas of hospitals, pharmacies and some unlicensed clinics, and then flow into the hands of consumers again, seriously endangering the public's health and safety of life.
2. Triggering environmental pollution problems? Improper handling of expired drugs will have a certain impact on the environment. On the one hand, direct disposal of expired drugs may pollute the environment. According to the survey, most people treat expired medicines the same as ordinary household garbage and do not do any treatment before discarding them. Components in the drug scattered into the environment is easy to cause pollution, and some special properties of the drug, such as strong allergenic, volatile drugs, the degree of pollution of the environment is more serious; on the other hand, the destruction of expired drugs may also pollute the environment. Due to the high cost of professional environmental destruction facilities and services, the current relevant departments, units and consumers on the destruction of expired medicines are often in the dump open burning, which is bound to cause harm to the environment.
3. Trigger the problem of waste of resources? Whether for the country or ordinary consumers, the number of medical expenses can not be underestimated, all aspects are trying to reduce medical expenses. A large number of expired drugs not only have no use value, but also need to invest in human, material and financial resources to deal with them, resulting in a waste of resources.
Legal basis:
The People's Republic of China*** and the State Drug Administration Law
Article 49? It is prohibited to produce or sell inferior medicines.
If the content of a pharmaceutical ingredient does not conform to the national drug standard, it is an inferior drug.
Drugs with one of the following circumstances shall be punished as substandard drugs:
(a) failure to indicate the expiration date or change the expiration date;
(b) failure to indicate or change the production lot number;
(c) exceeding the expiration date;
(d) unauthorized packaging materials and containers that come into direct contact with the drugs;
(e) Unauthorized addition of coloring agents, preservatives, spices, flavoring agents and excipients;
(vi) Other non-compliance with the provisions of the drug standard.
Article 74: Anyone who produces or sells substandard drugs shall confiscate the illegally produced or sold drugs and the illegal income, and shall be fined at not less than double and not more than triple the amount of the value of the illegally produced or sold drugs; if the circumstances are serious, he shall be ordered to stop production, suspend business and rectify the situation, or revoke the approval documents of the drugs, or revoke the "Drug Manufacturing License", the "Drug Business License", or the "Preparation License for Medical Institutions"; Constitutes a crime, shall be investigated for criminal responsibility.
Article 118 If a person produces or sells counterfeit medicines, or produces or sells substandard medicines and the circumstances are serious, the legal representative, the principal person in charge, the directly responsible person in charge, and other responsible persons shall confiscate the income derived from the unit during the period of the illegal act and shall be sentenced to a fine of not less than thirty percent and not more than three times the amount of the income derived, shall be prohibited from engaging in the production and management of medicines for life, and may be sentenced to a fine of not less than five days and not more than fifteen days by the public security organs. public security organs to be sentenced to five days to fifteen days of detention.
Raw materials, auxiliary materials, packaging materials, and production equipment used exclusively by the producer for the production of counterfeit or substandard drugs shall be confiscated.