If the drugs produced and sold exceed the shelf life, the illegally produced and sold drugs and illegal income shall be confiscated, and a fine of not less than ten times but not more than twenty times the value of the illegally produced and sold drugs shall be imposed; If the value of illegally produced and wholesale drugs is less than100000 yuan, it shall be calculated as100000 yuan; If the value of illegal retail drugs is less than 1 10,000 yuan, it shall be calculated as 1 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend production and business for rectification, until the Drug Approval Certificate, Drug Production License, Drug Business License or Pharmaceutical Preparation License of Medical Institutions are revoked.
If the production and sale of Chinese herbal pieces do not meet the drug standards and do not affect the safety and effectiveness, they shall be ordered to make corrections within a time limit and be given a warning; A fine of not less than 100,000 yuan but not more than 500,000 yuan may also be imposed.
legal ground
People's Republic of China (PRC) Food Safety Law
Article 124 If anyone violates the provisions of this Law in any of the following circumstances, which does not constitute a crime, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, food and food additives illegally produced and operated, and may also confiscate the tools, equipment, raw materials and other articles used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If the circumstances are serious, the license shall be revoked:
(a) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants and other substances, foods and food additives harmful to human health;
(2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives;
(three) the production and operation of food that uses food additives beyond the scope and beyond the limit;
(four) the production and operation of food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties;
(five) the production and operation of food and food additives with false production date, shelf life or beyond the shelf life;
(six) the production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to the regulations, or the organization of production according to the technical requirements of the registered product formula and production process;
(seven) packaging the production of infant formula milk powder, or the same enterprise uses the same formula to produce different brands of infant formula milk powder;
(eight) the use of new food raw materials to produce food, or the production of new varieties of food additives, failed to pass the safety assessment;
(nine) the food producers and business operators still refuse to recall or suspend business after being ordered by the food safety supervision and administration department.
Except in the circumstances specified in the preceding paragraph and Articles 123 and 125 of this Law, those who produce and operate foods and food additives that do not meet the laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph.
People's Republic of China (PRC) Drug Administration Law
Article 98 It is forbidden to produce (including preparation, the same below), sell or use counterfeit and inferior drugs.
In any of the following circumstances, it is a counterfeit drug:
(1) The ingredients contained in the drug are inconsistent with those stipulated in the national drug standards;
(2) passing off non-drugs as drugs or passing off other drugs as drugs;
(3) Deteriorated drugs;
(4) The indications or functional indications of drugs are beyond the prescribed scope.
Under any of the following circumstances, it is inferior medicine:
(a) the content of pharmaceutical ingredients does not meet the national drug standards;
(2) Contaminated drugs;
(3) Drugs whose expiry date has not been marked or changed;
(4) Drugs whose product batch number is not marked or changed;
(5) expired drugs;
(6) Drugs with preservatives and auxiliary materials added without authorization;
(seven) other drugs that do not meet the drug standards.
Prohibit the production and import of drugs without obtaining the drug approval certificate; It is forbidden to use raw materials, packaging materials and containers that have not been examined and approved in accordance with regulations to produce drugs.
Article 117 Whoever produces or sells inferior drugs shall have his illegally produced and sold drugs and illegal income confiscated, and shall be fined at least ten times but not more than twenty times the value of the illegally produced and sold drugs; If the value of illegally produced and wholesale drugs is less than100000 yuan, it shall be calculated as100000 yuan; If the value of illegal retail drugs is less than 1 10,000 yuan, it shall be calculated as 1 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend production and business for rectification, until the Drug Approval Certificate, Drug Production License, Drug Business License or Pharmaceutical Preparation License of Medical Institutions are revoked.
If the production and sale of Chinese herbal pieces do not meet the drug standards and do not affect the safety and effectiveness, they shall be ordered to make corrections within a time limit and be given a warning; A fine of not less than 100,000 yuan but not more than 500,000 yuan may also be imposed.