Chapter V Penalties
Article 49 The production and sale of products that do not meet the national standards and industry standards for the protection of human health and personal and property safety, shall order the cessation of production and sale, confiscate the illegal production and sale of products, and impose a fine of more than three times the amount of the value of the illegal production and sale of products (including sold and unsold products, hereinafter the same); any illegal income, and impose a confiscation of the illegal production and sale of products, and the confiscation of the illegal income, and impose a fine of more than three times the amount of the goods. Illegal income, and confiscate the illegal income; the circumstances are serious, revoke the business license; constitutes a crime, be held criminally responsible.
Article 50 in the product adulteration, adulteration, fake for real, substandard, or unqualified products passed off as qualified products, shall order the cessation of production and sale, confiscate the illegal production and sale of products, and impose illegal production and sale of products of the value of the amount of more than fifty percent of three times the amount of fines; there are illegal income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses; and constitute a crime, shall be investigated for criminal responsibility. Constitutes a crime, be held criminally responsible.
Article 51 The production of state-ordered out of the product, the sale of state-ordered out and stop selling the product, ordered to stop production and sales, confiscate the illegal production and sale of products, and impose illegal production and sale of products equal to the amount of fines; illegal income, and confiscate the illegal income; the circumstances are serious, the revocation of business licenses.
Article 52 The sale of failed, deteriorated products, ordered to stop selling, confiscate the illegal sale of products, and impose illegal sale of products worth two times the amount of fines; with illegal income, and confiscate the illegal income; the circumstances are serious, revoke the business license; constitutes a crime, be held criminally responsible.
Article 53 of the forged product origin, forged or fraudulent use of other people's factory name, address, forged or fraudulent use of certification marks and other quality marks, shall order rectification, confiscate the illegal production and sale of products, and impose illegal production and sale of products equal to the amount of the following fines; there are illegal income and confiscation of the proceeds of the illegal; the circumstances are serious, the revocation of business licenses.
Article 54 The product identification does not comply with the provisions of Article 27 of this Law, and shall order rectification; there are packaged product identification does not comply with the provisions of Article 27 (4), (5), the circumstances are serious, and shall order the cessation of production and sale, and impose illegal production and sale of products of the amount of value of the fine of thirty percent or less; there are illegal income, and confiscate the illegal income.
Article 55 The seller of the sale of products prohibited under Articles 49 to 53 of this Law, there is sufficient evidence to prove that it does not know that the product is prohibited for the sale of products and truthfully state the source of its purchase, may be lighter or less severe penalties.
Article 56 refuses to accept the product quality supervision and inspection in accordance with the law, be given a warning and ordered to make corrections; refuses to make corrections, ordered to suspend business rectification; the circumstances are particularly serious, the revocation of business licenses.
Article 57 The product quality inspection bodies, certification bodies to falsify test results or issue false certificates, and shall order correction, the unit shall be sentenced to 50,000 yuan more than 100,000 yuan of fines, the directly responsible for the competent person and other personnel directly responsible for the 10,000 yuan more than 50,000 yuan of fines; there is unlawful income and confiscation of the proceeds of the law; the circumstances are serious, the abolition of its inspection qualifications, certification qualifications; constitutes a crime, and shall be revoked. Qualification; constitute a crime, be held criminally responsible.
Product quality inspection bodies, certification bodies issued test results or proof of inaccuracies, resulting in losses, shall bear the corresponding liability; resulting in significant losses, the withdrawal of its inspection qualifications, certification qualifications.
Product quality certification bodies in violation of the provisions of Article 21, paragraph 2 of this Law, does not meet the certification standards and the use of certification mark of the product, not required by law to make corrections or cancel its use of the certification mark qualification, because the product does not meet the certification standards of the losses caused by the consumer, and the producer of the product, the seller assumes joint and several liabilities; the circumstances are serious, revoke its certification qualifications.
Article 58 of the social organizations, social intermediaries on product quality commitments, guarantees, and the product does not meet its commitments, guarantees the quality of the requirements of the consumer losses caused by the producers and sellers of products bear joint and several liability.
Article 59 in the advertisement of product quality for false propaganda, deception and misleading consumers, in accordance with the "Chinese People's *** and State Advertising Law" shall be held legally responsible.
Article 60 The raw and auxiliary materials, packages, and production tools used by producers exclusively for the production of products listed in Article 49 and Article 51 of this Law or products that are counterfeited as the real ones shall be confiscated.
Article 61 Knowing or should know that the production and sale of products prohibited under this Law and to provide transportation, storage, warehousing and other facilities, or for the fake products to provide counterfeiting production technology, confiscate all the transportation, storage, warehousing, or the provision of counterfeiting production technology, and impose a fine of more than 50% of the illegal income of more than triple; constitutes a crime, shall be investigated for criminal responsibility according to law. Constitutes a crime, shall be investigated for criminal responsibility.
Article 62 The operator of the service industry will be prohibited under Articles 49 to 52 of this Law for the sale of products used in business services, and shall be ordered to stop using; know or should have known that the products used are prohibited under the provisions of this Law, in accordance with the amount of the value of the products used in contravention of the law (including products that have been used and have not yet been used), and shall be punished in accordance with the penalties imposed on the seller under the provisions of this Law. Provisions of the penalty.
Article 63 Concealment, transfer, sale, destruction by the product quality supervision department or the administration for industry and commerce seized, imposes a fine of more than three times the amount of the value of the concealed, transferred, sold, destroyed items; illegal income, and confiscate the illegal income.
Article 64 violation of the provisions of this Law, shall bear civil liability and pay fines, penalties, their property is not enough to pay at the same time, the first civil liability.
Article 65 The staff of the people's governments at all levels and other state organs shall be given administrative sanctions in accordance with the law for any of the following cases; if a crime is constituted, criminal responsibility shall be investigated according to law:
(a) harboring, indulging in the production and sale of products in violation of the provisions of this Law;
(b) to the parties engaged in the violation of the provisions of the Law in the production and sale of activities (B) to the parties engaged in the production and sale of activities in violation of the provisions of this Law, to help them to avoid investigation and handling;
(C) obstruct, interfere with the product quality supervision departments or industry and commerce administration departments in accordance with the law on the production and sale of products in violation of the provisions of this Law to investigate and deal with, resulting in serious consequences.
Article 66 product quality supervision departments in product quality supervision and sampling more than the required number of samples or to the inspection of the inspection fees charged by the superior product quality supervision department or supervisory organs shall be ordered to return; the circumstances are serious, the directly responsible for the competent person and other directly responsible personnel shall be given administrative sanctions.
Article 67 The product quality supervision department or other state organs in violation of the provisions of Article 25 of this Law, to the community to recommend the producer's products or to supervise the production, supervision and marketing and other ways to participate in the product business activities, the higher authorities or the supervisory organs ordered to make corrections, to eliminate the impact of the illegal income shall be confiscated; the circumstances are serious, the person in charge of the directly responsible officers and other directly responsible personnel shall be given administrative sanctions according to law. Responsible personnel shall be given administrative sanctions.
Product quality inspection organizations have the violations listed in the preceding paragraph, by the product quality supervision department shall order rectification, eliminate the impact of illegal income shall be confiscated, and may impose a fine of less than double the amount of illegal income; the circumstances are serious, the withdrawal of its quality inspection qualifications.
Article 68 The product quality supervision department or the administration for industry and commerce staff abuse of power, dereliction of duty, favoritism and malpractice, constituting a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions.
Article 69 of violence, threatening methods to obstruct the product quality supervision department or the administration of industry and commerce staff to perform their duties in accordance with law, shall be held criminally responsible; refusal, obstruction without the use of violence, threatening methods, shall be punished by the public security organs in accordance with the regulations on public security administration penalties.
Article 70 The provisions of this Law revocation of business license administrative penalties decided by the administration for industry and commerce, Articles 49 to 57 of this Law, Articles 60 to 63 of the provisions of the administrative penalties provided by the product quality supervision department or the administration for industry and commerce in accordance with the terms of reference specified by the State Council to decide. Laws and administrative regulations on the exercise of administrative penalties for the authorities otherwise provided, in accordance with the relevant laws and administrative regulations.
Article 71 of the confiscated products in accordance with the provisions of this Law, in accordance with the relevant provisions of the State for destruction or other means of disposal.
Article 72 The value of goods under Articles 49 to 54, 62 and 63 of this Law shall be calculated on the basis of the marked price of the products produced or sold in violation of the law; if there is no marked price, the market price of similar products shall be calculated in accordance with the market price.