Legal basis: Drug Administration Law of People's Republic of China (PRC).
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 119 Drug addicts who use counterfeit drugs or inferior drugs shall be punished in accordance with the provisions on selling counterfeit drugs and retailing inferior drugs; If the circumstances are serious, if the legal representative, principal responsible person, directly responsible person in charge and other responsible personnel have the practice certificate of medical and health personnel, their practice certificate shall also be revoked.
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.