Article 122?
Anyone who, in violation of the provisions of this Law, engages in food production and marketing activities without obtaining a food production and marketing license, or engages in food additive production activities without obtaining a food additive production license, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other articles used for illegal production and marketing; 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.
Knowing that it is an illegal act stipulated in the preceding paragraph, but still providing production and business premises or other conditions, the food safety supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the producers and operators of food and food additives.
Article 123?
In violation of the provisions of this law, if any of the following circumstances 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 and the food 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 illegally produced and operated is less than 1 10,000 yuan, a fine of more than100,000 yuan and less than150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days:
(a) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health, or using recycled food as raw materials to produce food, or dealing in the above-mentioned foods;
(two) the production and operation of main and auxiliary foods that are specially used for infants and other specific groups, and whose nutritional components do not meet the food safety standards;
(3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in their products;
(4) dealing in meat that has not been quarantined or failed to pass the quarantine inspection, or producing or dealing in meat products that have not been inspected or failed to pass the inspection;
(5) Producing and marketing foods prohibited by the state for special needs such as disease prevention;
(six) the production and operation of food containing drugs.
Knowing that it is an illegal act stipulated in the preceding paragraph, but still providing production and business premises or other conditions, the food safety supervision and administration department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income, and impose a fine of100000 yuan to 200000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators.
Whoever illegally uses highly toxic or highly toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations.
Article 124?
In violation of the provisions of this law, if any of the following circumstances 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 and the 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 registered product formula and production technology requirements;
(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.
The food safety supervision and administration department of the people's government at or above the county level shall punish those who produce new varieties of food-related products that fail to pass the safety assessment, or produce food-related products that do not meet the food safety standards.
Article 125?
In violation of the provisions of this law, in any of the following circumstances, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the 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 ranging from 5,000 yuan to 50,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(a) the production and operation of food and food additives contaminated by packaging materials, containers and means of transport;
(two) the production and operation of unlabeled prepackaged foods, food additives or food and food additives whose labels and instructions do not conform to the provisions of this law;
(three) the production and operation of genetically modified foods are not marked according to the regulations;
(4) Food producers and business operators purchase or use food raw materials, food additives and food-related products that do not meet food safety standards.
The food safety supervision and administration department of the people's government at or above the county level shall order the food safety supervision and administration department of the people's government at or above the county level to correct the defects in the labels and instructions of food and food additives that do not affect food safety and mislead consumers; Refuses to correct, a fine of two thousand yuan.
Article 126?
In violation of the provisions of this law, in any of the following circumstances, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;
(3) The producers and operators of food and food additives fail to check the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records in accordance with the regulations;
(four) the food production and operation enterprises have not formulated the food safety accident disposal plan;
(5) Tableware, drinking utensils and containers for directly-eaten food are not cleaned and disinfected before use, or catering service facilities and equipment are not regularly maintained, cleaned and calibrated according to regulations;
(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;
(seven) the food business operator fails to sell food as required;
(eight) the health food production enterprise fails to file with the food safety supervision and management department in accordance with the provisions, or fails to organize production in accordance with the technical requirements such as product formula and production technology for the record;
(nine) the infant formula food production enterprise fails to file the food raw materials, food additives, product formulas and labels with the food safety supervision and management department;
(ten) the special food production enterprise fails to establish the production quality management system and operate effectively according to the regulations, or fails to submit the self-inspection report regularly;
(eleven) the food producers and operators did not regularly check and evaluate the food safety situation, or the production and operation conditions changed, and did not deal with it according to the regulations;
(twelve) schools, kindergartens, pension institutions, construction sites and other centralized dining units failed to fulfill the responsibility of food safety management;
(thirteen) food production enterprises and catering service providers fail to formulate and implement the control requirements of production and operation process according to the regulations.
If the centralized disinfection service unit of tableware uses detergents and disinfectants in violation of the provisions of this Law, or if the tableware delivered from the factory fails to pass the inspection in accordance with the provisions and is accompanied by the disinfection certificate, or fails to mark the relevant contents on the independent packaging in accordance with the provisions, the health administrative department of the people's government at or above the county level shall punish it in accordance with the provisions of the preceding paragraph.
Where the producer of food-related products fails to inspect the food-related products produced in accordance with the regulations, the food safety supervision and administration department of the people's government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
Whoever sells edible agricultural products in violation of the provisions of Article 65 of this Law shall be punished by the food safety supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.
Article 127?
Penalties for illegal acts of food production and processing workshops and food vendors shall be implemented in accordance with the specific management measures formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 128?
In violation of the provisions of this law, after a food safety accident occurs, the accident unit fails to handle or report it, and the relevant competent departments shall, according to their respective duties, order it to make corrections and give a warning; Those who conceal, forge or destroy relevant evidence shall be ordered to stop production and business, their illegal income shall be confiscated, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; If serious consequences are caused, the license shall be revoked.
Article 129?
Anyone who violates the provisions of this Law in any of the following circumstances shall be punished by the entry-exit inspection and quarantine institution in accordance with the provisions of Article 124 of this Law:
(1) Providing false materials and importing food, food additives and food-related products that do not meet China's national food safety standards;
(2) importing food without national food safety standards, failing to submit the implementation standards and being examined by the health administrative department of the State Council, or importing food produced with new food raw materials or importing new varieties of food additives and food-related products, and failing to pass the safety assessment;
(3) Exporting food that does not conform to the provisions of this Law;
(4) The importer refuses to recall the imported food after the relevant competent department has ordered it to do so in accordance with the provisions of this Law.
In violation of the provisions of this law, importers fail to establish and abide by the filing system for import sales of food and food additives and the auditing system for overseas exporters or production enterprises, and the entry-exit inspection and quarantine institutions shall punish them in accordance with the provisions of Article 126 of this law.
Article 130?
In violation of the provisions of this law, the promoters of centralized trading markets, counter lessors and exhibition organizers allow food business operators who have not obtained permission according to law to enter the market to sell food, or fail to perform inspection and reporting obligations, the food safety supervision and administration department of the people's government at or above the county level shall order them to make corrections, confiscate their illegal income and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If serious consequences are caused, it shall be ordered to suspend business until the license is revoked by the original issuing department; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the food business operators.
If the wholesale market of edible agricultural products violates the provisions of Article 64 of this Law, it shall be liable in accordance with the provisions of the preceding paragraph.
Article 13 1?
In violation of the provisions of this law, if the provider of the third-party platform for online food trading fails to register the online food business operators with their real names, examine and approve them, or fails to perform the obligations of reporting and stopping providing online trading platform services, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections, confiscate its illegal income, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If serious consequences are caused, it shall be ordered to suspend business until the license is revoked by the original issuing department; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with the food business operators.
Consumers who purchase food through the third-party platform of online food trading may claim compensation from online food operators or food producers if their legitimate rights and interests are damaged. If the third-party platform provider of online food transaction cannot provide the real name, address and effective contact information of the online food business operator, the third-party platform provider of online food transaction shall compensate. After compensation, the third-party platform provider of online food trading has the right to claim compensation from online food operators or food producers. If the provider of the third-party platform for online food trading makes a promise that is more beneficial to consumers, it shall fulfill the promise.
Article 132?
In violation of the provisions of this law, the food safety supervision and administration department of the people's government at or above the county level shall, according to their respective duties, order it to make corrections and give it a warning; Refuses to correct, shall be ordered to stop production and business, and impose a fine of ten thousand yuan and fifty thousand yuan; If the circumstances are serious, the license shall be revoked.
Article 133?
Anyone who, in violation of the provisions of this Law, refuses, obstructs or interferes with the relevant departments, institutions and their staff in carrying out food safety supervision and inspection, accident investigation and handling, risk monitoring and risk assessment according to law, shall be ordered by the relevant competent department to stop production and business in accordance with the division of responsibilities, and shall be fined between 2,000 yuan and 50,000 yuan; If the circumstances are serious, the license shall be revoked; If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law.
Anyone who, in violation of the provisions of this law, retaliates against an informer by dissolving or modifying the labor contract or by other means shall be liable in accordance with the provisions of relevant laws.
Article 134?
If a food producer or business operator violates the provisions of this Law for three times within a year and is ordered to stop production or suspend business or revoke his license, the food safety supervision and administration department shall order him to stop production or suspend business until his license is revoked.
Article 135?
The food producers and business operators whose licenses have been revoked, their legal representatives, the directly responsible persons in charge and other directly responsible personnel shall not apply for food production and business licenses, engage in food production and business management, or serve as food safety managers of food production and business enterprises within five years from the date of making the punishment decision.
Those who are sentenced to fixed-term imprisonment or above for food safety crimes shall not engage in food production and management for life, nor shall they serve as food safety managers of food production and management enterprises.
Where a food producer or operator employs personnel in violation of the provisions of the preceding two paragraphs, the food safety supervision and administration department of the people's government at or above the county level shall revoke the license.
Article 136?
A food business operator who has fulfilled the obligation of inspection of incoming goods stipulated in this Law and has sufficient evidence to prove that he is unaware that the purchased food does not meet the food safety standards and can truthfully explain the source of its incoming goods may be exempted from punishment, but the food that does not meet the food safety standards shall be confiscated according to law; Those who cause personal, property or other damage shall be liable for compensation according to law.
Article 137?
In violation of the provisions of this law, technical institutions and technicians who undertake food safety risk monitoring and risk assessment provide false monitoring and assessment information, the directly responsible person in charge and technicians of the technical institutions shall be dismissed according to law; Those who have obtained the practice qualification shall have their practice certificate revoked by the competent department that granted them the practice qualification.
Article 138?
If, in violation of the provisions of this Law, a food inspection institution or food inspector issues a false inspection report, the competent department or institution granting the qualification shall revoke the inspection qualification of the food inspection institution, confiscate the inspection fee collected, and impose a fine of not less than five times but not more than ten times the inspection fee; If the inspection fee is less than 10,000 yuan, a fine of more than 50,000 yuan and less than 100,000 yuan shall be imposed; The person in charge and food inspectors who are directly responsible for food inspection institutions shall be dismissed or dismissed according to law; In the event of a major food safety accident, the directly responsible person in charge and the food inspector shall be removed from their posts.
Personnel of food inspection institutions who are dismissed in violation of the provisions of this law shall not engage in food inspection within ten years from the date of the decision on punishment; Personnel of food inspection institutions who have been criminally punished for food safety violations or who have been dismissed for major food safety accidents due to false inspection reports shall not engage in food inspection for life. Where a food inspection agency employs personnel who are not allowed to engage in food inspection, the competent department or agency that granted the qualification shall revoke the inspection qualification of the food inspection agency.
If a food inspection agency issues a false inspection report and damages the legitimate rights and interests of consumers, it shall be jointly and severally liable with the food producers and operators.
Article 139?
In violation of the provisions of this law, if a certification body issues a false certification conclusion, the certification fee charged shall be confiscated by the certification and accreditation supervision and administration department, and a fine of not less than five times but not more than ten times the certification fee shall be imposed; If the certification fee is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business until the approval document of the certification body is revoked and announced to the public; Certification staff, the directly responsible person in charge and the directly responsible person, was disqualified.
If a certification body issues a false certification conclusion and damages the legitimate rights and interests of consumers, it shall be jointly and severally liable with the food producers and operators.
Article 140?
Whoever, in violation of the provisions of this Law, makes false propaganda about food in advertisements to deceive consumers, or publishes health food advertisements without obtaining approval documents, and the contents of the advertisements are inconsistent with the approval documents, shall be punished in accordance with the provisions of the Advertising Law of People's Republic of China (PRC).
Advertising agents and publishers who design, produce and publish false food advertisements and harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators.
Social organizations, other organizations and individuals that recommend food to consumers in false advertisements or other false propaganda, which damages the legitimate rights and interests of consumers, shall be jointly and severally liable with food producers and operators.
In violation of the provisions of this law, food safety supervision and management departments, food inspection agencies and food industry associations recommend food to consumers by advertising or other forms, and consumer organizations recommend food to consumers by charging fees or other means to seek benefits, the illegal income shall be confiscated by the relevant competent departments, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the circumstances are serious, they shall be dismissed.
False propaganda of food, if the circumstances are serious, shall be decided by the food safety supervision and administration department of the people's government at or above the provincial level to suspend the sale of the food and make an announcement to the public; If the food is still sold, the food safety supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the illegally sold food, and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Article 14 1?
Whoever, in violation of the provisions of this law, fabricates and disseminates false food safety information, which constitutes a violation of public security administration, shall be punished by the public security organ according to law.
If the media fabricates and disseminates false food safety information, it shall be punished by the relevant competent department according to law, and the directly responsible person in charge and other directly responsible personnel shall be punished; Those who damage the legitimate rights and interests of citizens, legal persons or other organizations shall bear civil liabilities such as eliminating the influence, restoring reputation, compensating losses and apologizing according to law.
Article 142?
In violation of the provisions of this law, if the local people's government at or above the county level commits one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a disciplinary sanction of gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed; Causing serious consequences, the main person in charge should also resign:
(a) failing to organize and coordinate the relevant departments to effectively deal with food safety accidents within their respective administrative areas, resulting in adverse effects or losses;
(2) Failing to timely organize rectification of regional food safety problems involving multiple links within the administrative area, resulting in adverse effects or losses;
(3) Concealing, falsely reporting or delaying the reporting of food safety accidents;
(four) a particularly serious food safety accident or a series of major food safety accidents occurred in this administrative area.
Article 143?
In violation of the provisions of this law, if the local people's government at or above the county level commits one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit or gross demerit; Causing serious consequences, demotion or dismissal:
(1) The responsibilities of food safety supervision and management of relevant departments have not been determined, the working mechanism and information sharing mechanism of the whole process of food safety supervision and management have not been established and improved, and the responsibility system for food safety supervision and management has not been implemented;
(2) Failing to formulate an emergency plan for food safety accidents in the administrative region, or failing to set up an accident handling command organization after a food safety accident and immediately starting the emergency plan.
Article 144?
In violation of the provisions of this law, if the food safety supervision and management, health administration, agricultural administration and other departments of the people's government at or above the county level commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a disciplinary sanction of gross demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed; Causing serious consequences, the main person in charge should also resign:
(1) Concealing, falsely reporting or delaying the reporting of food safety accidents;
(2) Failing to investigate and handle food safety accidents in accordance with regulations, or failing to handle food safety accident reports in time, which leads to the expansion or spread of accidents;
(3) Failing to take corresponding measures in time after the conclusion of food safety risk assessment is that food, food additives and food-related products are unsafe, resulting in food safety accidents or adverse social impacts;
(4) granting a license to an applicant who does not meet the requirements, or granting a license beyond the statutory authority;
(5) Failing to perform the duties of food safety supervision and management, resulting in food safety accidents.
Article 145?
If the food safety supervision and management, health administration, agricultural administration and other departments of the people's government at or above the county level violate the provisions of this law and commit one of the following acts, resulting in adverse consequences, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit or gross demerit according to law; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:
(a) failing to report to the higher authorities and the people's government at the same level in accordance with the provisions, or failing to inform each other in accordance with the provisions;
(2) Failing to publish food safety information as required;
(three) do not perform their statutory duties, do not cooperate with the investigation of food safety violations, or abuse their powers, neglect their duties, engage in malpractices for selfish ends.
Article 146?
Food safety supervision and management departments in the process of performing their duties of food safety supervision and management, illegal implementation of inspection, compulsory and other law enforcement measures, resulting in losses to producers and operators, shall be compensated according to law, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 147?
Anyone who violates the provisions of this law and causes personal, property or other damage shall be liable for compensation according to law. When the property of a producer or operator is insufficient to bear civil liability and pay a fine and a fine at the same time, it shall bear civil liability first.
Article 148?
Consumers who suffer from eating food that does not meet the food safety standards may claim compensation from the operators or producers. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.
In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers.
Article 149?
Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.
Extended data:
According to Article 150 of the Food Safety Law, some terms have the following meanings:
Food refers to all kinds of finished products and raw materials for human consumption or drinking, as well as articles that are traditionally both food and Chinese herbal medicines, but do not include articles for therapeutic purposes.
Food safety means that food is non-toxic and harmless, meets nutritional requirements and does not cause any acute, subacute or chronic harm to human health.
Prepackaged foods refers to food prepackaged or made of packaging materials and containers.
Food additives refer to artificial or natural substances added to food to improve the quality, color, aroma and taste of food and meet the needs of preservation, preservation and processing technology, including nutritional fortifiers.
Food packaging materials and containers refer to paper, bamboo, wood, metal, enamel, ceramics, plastics, rubber, natural fibers, chemical fibers, glass and other products. Used for packaging and containing food or food additives, as well as coatings in direct contact with food or food additives.
Tools and equipment used in food production and operation refer to machinery, pipelines, conveyor belts, containers, utensils and tableware. Direct contact with food or food additives in the process of production, sale and use.
Detergents and disinfectants for food refer to substances that are directly used to clean or disinfect food, tableware, drinking utensils and equipment or food packaging materials and containers that come into direct contact with food.
The shelf life of food refers to the period during which the quality of food can be maintained under the marked storage conditions.
Foodborne diseases refer to infectious and toxic diseases caused by pathogenic factors in food entering the human body, including food poisoning.
Food safety accidents refer to food-borne diseases, food pollution and other accidents that endanger or may endanger human health.
For health care products that have attracted much attention, the food safety law is also involved. Here are two cases.
Case 1: Zhangjiagang City, Jiangsu Province investigated and dealt with the false propaganda case of Kangling Food Store in Jingang Town.
Basic information:
The market supervision bureau of Zhangjiagang Free Trade Zone conducted an on-site inspection of the business premises of Kangling Food Store in Jingang Town, Zhangjiagang City, and found that the parties gathered a large number of elderly people, and also found lines, scripts, publicity planning and other contents in the computer publicized by the parties.
After investigation, the customer publicized the products such as Guyuanfang Capsule, Zaoshe Miaocao Liquor, Intervention Factor Capsule, Xinxue Vitality Peptide Tablets and so on by holding health talks. These products are not medicines, but the clients fabricate the medical effects of these products by playing pre-recorded videos (disguised as live broadcasts) and oral presentations, and induce consumers to think that using these products can cure diseases.
Both parties sold the above goods at a price far higher than the purchase price. By the time of the crime, it was found that Guyuanfang Capsule made a profit of 5,000 yuan, Zaoshe Miaocao Liquor made a profit of 30,000 yuan, intervention factor 1 10,000 yuan, and vitality peptide10.5 million yuan.
Legal basis and punishment: for the behavior of false propaganda by the parties, according to the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal behavior and fined 270,000 yuan. For the behavior of the parties dealing in unlabeled food, according to Item (2) of Article 125 of the Food Safety Law, the parties shall be ordered to stop the illegal behavior and be fined 30,000 yuan.
Penalty case 2: Xiamen investigated and dealt with the false advertisement case of health food store.
Basic information:
When the law enforcement officers visited the site, the sales staff of the business premises were selling products to more than 20 elderly people in the conference room. The promotional product is Meiyiyuan organic whole sheep milk powder. There is a shop advertisement of "Xiamen Workstation of National Longevity Project" hanging in the office.
Law enforcement officers inspected the laptop on the spot and found that the contents stored in the laptop, such as goat milk expert comments and Meiyiyuan video courseware, contained contents that violated the provisions of the Advertising Law, such as promoting the preventive and therapeutic effects of goat milk powder on diseases in the name of doctors.
After investigation, the organic full-fat goat milk powder sold by the client belongs to ordinary food, and it is sold by organizing consumers to attend classes and introducing products. The name and image of the doctor are used in the video courseware to publicize the therapeutic effect of goat milk powder on enteritis, gastritis, gastric ulcer, cancer, tumor, heart disease and other diseases.
The client can't provide evidence to prove that goat milk powder has the above therapeutic effect. Hanging signs of "National Longevity Project Xiamen Workstation" and "National Longevity Project Xiamen Selenium Supplement Workstation" in the business premises without authorization.
Legal basis and punishment:
Without obtaining the power of attorney, the party concerned hangs the signboards of "Xiamen Workstation of National Longevity Project" and "Xiamen Selenium Supplement Workstation of National Longevity Project" in the business premises, which violates the provisions of Article 4 of the Advertising Law of People's Republic of China (PRC), and constitutes that the advertisement contains false and misleading contents, and there are illegal acts of deceiving and misleading consumers.
The parties concerned publicize the efficacy of goat milk powder in preventing and treating diseases to the elderly by playing videos in the business premises, which violates the provisions of the first paragraph of Article 73 of the Food Safety Law, Article 7 of the Interim Provisions on the Publication of Food Advertisements and Article 17 of the Advertising Law, and has constituted an illegal act in which food advertisements contain functions related to preventing and treating diseases.
The use of doctors' names and images in food advertisements violates the provisions of Article 9 of the Interim Provisions on the Release of Food Advertisements, and has constituted an illegal act of using doctors' names and images in food advertisements.
The market supervision department has ordered the parties to stop publishing advertisements and other illegal acts, eliminate the impact within the corresponding scope, and impose administrative penalties of fines.
Database of laws and regulations-food safety law
People's Daily Online-A number of typical cases were announced in the 100-day campaign to rectify the chaos in the "health care products" market