Legal analysis: drugs beyond the expiration date are inferior drugs. The sale of inferior drugs shall confiscate the illegal sale of drugs and illegal income, and impose a fine of ten times or more than twenty times the amount of the value of the illegal production and sale of drugs; the illegal production and wholesale of drugs with a value of less than 100,000 yuan, calculated in accordance with the 100,000 yuan, and the illegal retail of drugs with a value of less than 10,000 yuan, calculated in accordance with the 10,000 yuan; if the circumstances are serious, shall be ordered to suspend the production and rectification of the business until the revocation of the approval of the drug The seriousness of the case shall be ordered to suspend production and business until revocation of the drug approval document, drug production license, drug business license or preparation license for medical institutions. However, the law specifically stipulates that if the sale of Chinese herbal medicinal tablets does not comply with the drug standard, which does not yet affect the safety and efficacy, the seller shall be ordered to rectify the situation within a certain period of time, and shall be given a warning; and may be fined from 100,000 yuan to 500,000 yuan. In addition, if the sale of substandard medicines is serious, the legal representative, the main person in charge, the directly responsible person in charge and other responsible persons shall be confiscated from the unit during the period of the illegal behavior, and impose a fine of thirty percent of the income obtained from thirty times, a lifetime ban on engaging in the production and management of medicines and may be sentenced to more than five days to less than fifteen days detention by the public security organs.
Legal basis: "People's Republic of China *** and the State Drug Administration Law" Article 98 prohibits the production (including preparation, the same below), sales, use of counterfeit drugs, substandard drugs. One of the following circumstances, counterfeit drugs: (a) the composition of the drug does not match the composition of the national drug standards; (b) non-drugs as drugs or other drugs as such drugs; (c) deterioration of the drug; (d) the indications or functions of the drug beyond the scope of the provisions of the label. One of the following circumstances, the drug is inferior: (a) the content of pharmaceutical ingredients does not meet the national drug standards; (b) contaminated drugs; (c) not marked or change the expiration date of the drug; (d) not marked or change the product lot number of the drug; (e) exceed the expiration date of the drug; (f) unauthorized addition of preservatives, excipients of the drug; (g) other drugs do not meet the standards of the drug. It is prohibited to produce or import medicines without obtaining documents certifying the approval of medicines; and it is prohibited to produce medicines using raw materials, packaging materials and containers that have not been evaluated and approved in accordance with the regulations. Article 117 of the Drug Administration Law of the People's Republic of China shall confiscate the illegally produced or sold drugs and the illegal income, and impose a fine of not less than ten times but not more than twenty times the amount of the value of the illegally produced or sold drugs; if the amount of the value of the illegally produced or wholesaled drugs is less than one hundred thousand yuan, the amount shall be calculated as one hundred thousand yuan; if the amount of the value of the illegally retailed drugs is less than one ten thousand yuan, the amount shall be calculated as one ten thousand yuan; in serious circumstances, a person shall be ordered to order the production of drugs without the approval of the certificate of approval of drugs. Calculated; if the circumstances are serious, ordered to suspend production and rectification until the revocation of the drug approval certificate, drug production license, drug business license or preparation license for medical institutions. If the production and sale of Chinese medicine tablets do not comply with the drug standard, which does not yet affect the safety and effectiveness, the company shall order rectification within a certain period of time and give a warning; it may impose a fine of not less than 100,000 yuan and not more than 500,000 yuan. Article 118 of the Law of the People's Republic of China on Drug Administration If a person produces or sells counterfeit drugs, or produces or sells substandard drugs under serious circumstances, he shall confiscate the income gained from the organization during the period in which the illegal act took place from the legal representative, the principal person in charge, the supervisory personnel directly in charge, and other responsible personnel, and shall also impose a fine of not less than thirty percent and not more than three times the amount of the income gained, and shall be prohibited from engaging in the production and operation of medicines for life. activities, and may be sentenced by the public security organs to detention of not less than five days and not more than fifteen days. The raw materials, auxiliary materials, packaging materials and production equipment used by the producer for the production of counterfeit or substandard drugs shall be confiscated.