Article 2 These Regulations shall apply to investigating and handling illegal acts of producing and selling fake and inferior commodities and providing services for producing and selling fake and inferior commodities within the administrative region of this province.
Article 3 To investigate and deal with illegal acts of producing and selling fake and inferior commodities, the principles of unified leadership, division of responsibilities, social supervision, combination of crackdown and prevention, and comprehensive management shall be implemented, and the combination of daily supervision and special investigation shall be adhered to, with emphasis on investigating and dealing with fake and inferior commodities closely related to human health and life safety, such as food and medicines.
Fourth people's governments at all levels are responsible for organizing and leading the investigation and punishment of illegal acts of producing and selling fake and shoddy goods within their respective administrative areas.
Quality supervision, industry and commerce, food and drug supervision and management, health, agriculture, intellectual property, public security and other departments. At or above the county level (hereinafter referred to as the supervision and management departments) shall, according to their respective duties, be responsible for investigating and handling illegal acts of producing and selling fake and shoddy goods, and other relevant departments shall be responsible in accordance with laws and regulations.
Supervision, taxation, finance, price, communication management and other departments shall, in accordance with their respective duties, cooperate with the supervision and management departments to investigate and deal with illegal acts of producing and selling fake and shoddy goods.
Article 5 People's governments at all levels shall guarantee the funds for investigating and dealing with illegal acts of producing and selling fake and inferior commodities according to law.
Article 6 Producers and sellers shall abide by laws and regulations and be responsible for the quality of the commodities they produce and sell.
Article 7 Trade associations, consumers' associations, news organizations and other relevant organizations are encouraged to supervise the illegal acts of producing and selling fake and inferior commodities.
Encourage units and individuals to supervise and report illegal acts of producing and selling fake and inferior commodities and providing services for producing and selling fake and inferior commodities. Article 8 Producers shall establish a sound commodity quality management system, and sellers shall establish a commodity incoming inspection system, a voucher and ticket collection system and a purchase and sale ledger system to ensure the quality of commodities.
Prohibit the production and sale of fake and shoddy goods; It is forbidden to provide services for the production and sale of fake and shoddy goods.
Article 9 No unit or individual may support, shield or condone the production and sale of fake and inferior commodities.
Tenth any of the following circumstances, for fake and shoddy goods:
(a) does not meet the national standards, industry standards and local standards to protect human health and personal and property safety;
(two) adulteration, shoddy, shoddy, substandard goods as qualified goods;
(3) Failing to obtain a license according to law or forging a license number;
(four) the use of fake and shoddy raw materials, spare parts for production, processing, production or assembly;
(five) the use of raw materials prohibited by the state from producing food additives;
(six) there are additives in food that violate the national standards and exceed the limit;
(seven) expired, invalid or deteriorated;
(eight) the state explicitly eliminated or prohibited the production and sale;
(nine) tampering with the production date, safe use period, validity period, expiration date or shelf life;
(10) Forging the place of origin of goods, forging or falsely using the name and address of the factory;
(11) Forging certification marks, adopting international standard product marks, brand-name marks, anti-counterfeiting marks, special marks for geographical indications, special marks for health foods, commodity bar codes and other marks, or forging quality certification documents such as certificates of conformity, inspection reports and quality guarantee letters;
(twelve) the quality of the goods does not meet the quality conditions indicated in the labels and instructions;
(thirteen) piracy or counterfeiting of registered trademarks and patents;
(fourteen) other fake and shoddy goods as prescribed by laws and regulations.
Eleventh the use of goods listed in Article 10 of these regulations to provide business services, or as promotional gifts, prizes for sales activities, as the sale of fake and shoddy goods.
Twelfth in any of the following circumstances, it belongs to providing services for the production and sale of fake and shoddy goods:
(a) knowing or should know that others produce and sell fake and shoddy goods, and providing them with production and operation conditions such as venues, equipment, materials and funds, or warehousing, storage, transportation and network platform services;
(2) imparting and providing technologies and methods for producing and selling fake and inferior commodities or providing producer services for producing fake and inferior commodities;
(three) knowing or should know that others produce and sell fake and shoddy goods, and providing advertising services for them by designing, producing, acting as an agent, publishing or other means;
(four) to provide others with bills, accounts, contracts or false certification materials that they know or should know about the production and sale of fake and inferior commodities;
(five) knowing or should know that others produce and sell fake and inferior commodities, and making or providing commodity labels, packages and instructions for them;
(six) the organizers of the fair did not fulfill the responsibility of examination, resulting in fake and shoddy goods entering the exhibition place;
(7) Concealing, transferring or destroying fake and inferior commodities that have been sealed up or detained for others. Section 1 Daily Supervision
Thirteenth supervision and management departments should establish and improve the supervision and inspection system, strengthen daily supervision through inspections and spot checks, and promptly investigate and deal with illegal acts of producing and selling fake and shoddy goods.
When conducting supervision and inspection, the supervision and management department shall make supervision and inspection records, and truthfully record the supervision and inspection situation and treatment results. The supervision and inspection personnel shall sign the supervision and inspection records.
Supervision and management departments should strengthen the equipment construction of law enforcement team, increase the equipment for on-site rapid detection and investigation, and improve the ability of supervision and law enforcement.
Article 14 The supervisory and administrative departments shall organize the formulation of the catalogue of commodities subject to supervision and spot checks within their respective administrative areas, and conduct spot checks on commodities that may endanger human health and personal and property safety, important commodities that affect the national economy and people's livelihood, and commodities with quality problems reported by consumers and relevant organizations. The supervision and management department may adjust the catalogue of commodities subject to supervision and spot checks according to the actual situation, market changes and social needs.
The supervision and management departments may inspect commodities according to the needs of supervision and spot checks. The number of samples taken for testing shall not exceed the reasonable needs of testing, and testing fees or any other fees shall not be charged.
Fifteenth supervision and management departments of food, medicine, children's products and other commodities related to human health and life safety, should be announced to the public in a timely manner.
Sixteenth supervision and management departments should strengthen the supervision of websites that provide online trading platform services, and investigate and deal with online stores that sell fake and shoddy goods.
Where fake and shoddy goods are sold through online transactions, any unit or individual may complain and report to the supervision and management department at the domicile of the operator or the domicile of the website seller where the illegal act occurs.
If it is necessary to take measures to stop illegal websites from continuing to engage in illegal activities, the supervision and management department shall, in accordance with relevant regulations, request the communication management department where the website is licensed to order it to temporarily block or stop the access service of illegal websites.
Article 17 The supervision and management departments shall strengthen cross-departmental and cross-regional law enforcement cooperation, timely report information and statistical data, conduct regular work exchanges, implement case investigation and mutual recognition of evidence, and implement joint law enforcement for key and difficult cases.
Eighteenth supervision and management departments to investigate cases, can exercise the following functions and powers according to law:
(1) Asking relevant producers, sellers, service providers, interested parties and witnesses to provide relevant information;
(two) to inspect the relevant property and places, consult, copy, register and save the relevant contracts, original records, sales vouchers, account books and other materials;
(three) seizure, seizure of suspected fake and shoddy goods and related raw materials, semi-finished products, tools and equipment;
(4) Other functions and powers as prescribed by laws and regulations.
Nineteenth supervision and management departments to investigate and deal with cases according to law, law enforcement personnel shall not be less than two, and shall produce law enforcement certificates.
When administrative law enforcement personnel investigate and deal with cases according to law, the relevant units and individuals shall cooperate and shall not refuse or interfere; The inquired producers, sellers and service providers shall truthfully provide relevant information and materials.
Twentieth the implementation of the seizure, seizure, must be approved by the person in charge of the supervision and administration department at or above the county level. If the seized or detained articles need to be inspected, they shall be submitted for inspection within seven days from the date of seizure and seizure.
No unit or individual may unseal, transfer, use, alter, destroy or sell the seized goods without the approval of the supervision and administration department that implemented the seizure.
Twenty-first suspected fake and shoddy goods need to be tested, the supervision and management department shall take samples according to the regulations, and the statutory testing agency shall make a written test report within the prescribed time limit; Anyone suspected of counterfeiting another person's trademark or factory name and address may be identified by the infringer.
The inspection fee and sample fee shall be charged by the supervision and management department in the funds for handling cases or spent in accordance with the relevant provisions of the state.
After testing and identification, the goods sealed up and detained are not fake and shoddy, and the supervision and management department shall make a decision to lift the sealing up and detention in time according to law and return them immediately; If losses are caused by the fault of the supervision and management department, compensation shall be made according to law.
Producers and sellers who have objections to the test results may apply to the supervision and administration department or its superior department for re-inspection within 15 days from the date of receiving the test results, and the department that accepts the re-inspection shall make a re-inspection conclusion; Where laws and regulations provide otherwise, such provisions shall prevail.
Twenty-second supervision and management departments to investigate cases, found that counterfeiting dens and distribution centers, should be banned.
Twenty-third after the announcement of the seizure of fake and shoddy goods, if the supervision and management department fails to deal with it within 15 days from the date of the announcement, the supervision and management department may confiscate the fake and shoddy goods and the articles involved, but it will not be exempted from other legal responsibilities.
Twenty-fourth supervision and management departments to investigate cases according to law, found that illegal acts suspected of a crime, should be transferred to the public security organs for investigation within seven days, and send a copy to the people's procuratorate and supervision organs at the same level.
The public security organ shall investigate and deal with cases according to law, and the illegal acts that do not constitute a crime shall be transferred to the relevant supervision and management departments for investigation within seven days.
After receiving the transferred case, the relevant organ or department shall sign the case transfer book; If it decides to accept the case, it shall inform the transfer department in writing of the investigation results; If it is not accepted, it shall explain the reasons in writing and notify the department that transferred the case. When transferring a case, the investigation materials and the seized property shall be transferred together, and the persons and property involved shall not be treated separately.
Twenty-fifth people's procuratorates and supervisory organs should strengthen supervision over the transfer of suspected criminal cases by supervision and management departments, criminal filing and investigation activities by public security organs.
If the supervision and management department should transfer the suspected criminal case to the public security organ without transferring it, any unit or individual has the right to report it to the people's procuratorate and the supervisory organ.
If the public security organ fails to file a case, the people's procuratorate shall supervise it according to law.
Section 2 Special investigation and punishment
Twenty-sixth people's governments at or above the county level may organize relevant administrative departments to conduct special investigations on key commodities, key markets and key regions.
The supervision and management departments should take fake and shoddy food, medicines, pesticides, fertilizers, seeds, medical devices, special equipment, etc., which are strongly reflected by the masses and have great social harm, as the key commodities to be investigated and dealt with; Focus on the distribution centers that are strongly reflected by the masses and flooded with fake and shoddy goods and areas or markets where counterfeiting and selling are serious.
Twenty-seventh people's governments at or above the county level shall strengthen the organization and coordination of special investigations, formulate special investigation work plans, and implement the work responsibility system and accountability system.
The relevant departments of the people's governments at or above the county level shall cooperate with each other and jointly enforce the law.
Twenty-eighth people's governments at or above the county level shall list the incidents of fake and shoddy goods that seriously endanger production, human health and the safety of life and property as key cases.
The leadership responsibility system shall be implemented for key cases. The main person in charge of the government is the first person responsible for investigating and handling key cases, and is responsible for supervising and handling cases.
When investigating key cases, public security organs and supervisory organs should intensify the investigation and punishment of commercial bribery and other criminal acts.
Twenty-ninth in key areas of manufacturing and selling fake and shoddy goods, we should strengthen the investigation and punishment of wholesalers of fake and shoddy goods in batches, as well as units and personnel that provide transportation, storage and custody services for manufacturing and selling fake and shoddy goods.
Article 30 To investigate and deal with fake and shoddy food, we should strengthen the supervision and inspection of all kinds of food wholesale markets, bazaars, food production and processing workshops, food vendors, food stores and restaurants scattered in communities, urban-rural fringe areas, villages and towns, primary and secondary schools.
The special investigation of counterfeit and shoddy drugs should focus on the investigation of counterfeit drugs, inferior drugs and medical devices that do not meet the standards and are out of date.
The special investigation of fake and shoddy agricultural means of production and agricultural products should strengthen the monitoring and inspection of agricultural wholesale markets, distribution centers, business stores and logistics distribution centers.
Thirty-first people's governments at all levels shall report to the people's government at the next higher level the work arrangements for investigating and dealing with fake and shoddy goods in their respective regions and the investigation of key cases, and publicly investigate and deal with the situation according to law.
Section 3 Credit Information and Classified Supervision
Thirty-second supervision and management departments should establish a record system of illegal acts of producers and sellers, and record producers and sellers who have been subjected to administrative punishment for producing and selling fake and shoddy goods in the supervision files to strengthen supervision.
Thirty-third supervision and management departments shall timely publish the relevant information of producers and sellers, their legal representatives, responsible persons and persons directly responsible who are subject to administrative punishment for producing and selling fake and shoddy goods through government websites or other means.
The published items include the names, shop names and addresses of illegal producers and sellers, the names and positions of legal representatives or responsible persons and persons directly responsible, the names of fake and shoddy goods, the reasons for the violation, the decision on administrative punishment, the date of publication and other information.
Thirty-fourth people's governments at the provincial and prefecture level shall take measures to establish and improve the information system, and realize the * * * sharing of cases and enterprise credit information between departments.
Thirty-fifth supervision and management departments shall, in accordance with the relevant provisions of the state and the province, implement classified supervision according to the credit information records of producers and sellers.
Thirty-sixth producers and sellers have repeatedly violated the law or the circumstances of the illegal acts are bad, and the supervision and management departments shall include them in the list of key supervision objects.
In the daily supervision and inspection and special investigation, the supervision and management department shall increase the frequency of inspection and sampling inspection for the producers and sellers listed in the list of key supervision objects, and may order them to report the quality management regularly.
Article 37 The supervision and management department shall notify the departments of development and reform, finance, taxation, health, environmental protection, science and technology, quality supervision, industry and commerce, economy and informatization, finance and other departments at the same level of the list of key supervision objects for their reference when making relevant decisions on industrial planning, bidding and procurement, administrative examination and approval, import and export management, finance and credit.
For producers and sellers listed in the list of key regulatory targets, the relevant departments shall implement measures to restrict access according to law.
Thirty-eighth people's governments at or above the county level shall strengthen the publicity and education of honesty, and urge producers and sellers to strictly abide by the law and operate in good faith; Encourage and support enterprises to carry out enterprise quality system certification and product quality certification, and strive for famous brands.
Supervision and management departments and certification bodies shall disclose well-known trademarks, the identification of famous trademarks and the quality certification of enterprise products to the public in accordance with the law, so as to facilitate the public to understand the credit status of enterprises and the quality of goods.
For producers and sellers who operate in good faith and have no illegal records, relevant industry associations can commend them and announce them to the public.
Section IV Assessment and Accountability of Supervision Work
Article 39 The people's governments at or above the county level shall incorporate the investigation of illegal acts of fake and shoddy goods into the scope of comprehensive social management assessment, establish and improve the responsibility assessment system, and regularly assess the following work of their supervision and management departments and people's governments at lower levels:
(a) to investigate and deal with the illegal acts of producing and selling fake and shoddy goods within their respective administrative areas;
(two) the rectification of key commodities, key markets and key areas within their respective administrative areas;
(three) the supervision system and the construction of law enforcement team;
(four) to support and cooperate with the higher level government and its functional departments or foreign law enforcement departments to investigate and deal with illegal acts of producing and selling fake and shoddy goods within their respective administrative areas;
(five) to cooperate and coordinate the relevant departments within their respective administrative areas to investigate and deal with the illegal acts of producing and selling fake and shoddy goods;
(six) the development of other investigations.
The evaluation standards, procedures and results shall be made public.
Article 40 People's governments at or above the county level shall clearly put forward the time limit and requirements for rectification in areas where the illegal acts of producing and selling fake and shoddy goods are serious and repeated, and may directly supervise and supervise them.
Article 41 The supervisory organs of the people's governments at or above the county level shall strengthen supervision over the supervisory and administrative departments and administrative law enforcement personnel of the people's governments at the corresponding levels, and investigate and deal with acts that fail to exercise their functions and powers according to law or shirk or fail to perform their legal obligations.
Forty-second people's governments at or above the county level and their supervision and management departments should strengthen the construction of law enforcement teams, strictly manage and supervise law enforcement personnel, and strengthen training and assessment.
The people's governments at or above the county level and their supervision and management departments shall establish an administrative law enforcement supervision system to supervise and inspect the administrative law enforcement behavior of law enforcement personnel.
Forty-third people's governments at or above the county level and their relevant departments shall establish a law enforcement accountability system. Under any of the following circumstances, the principal responsible person, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law:
(a) the supervision of the supervision and management departments is ineffective, resulting in serious consequences;
(two) the supervision and management departments and other relevant departments are responsible for investigating cases that should be accepted according to law, shirking or refusing to accept them, causing serious consequences;
(three) abuse of power, causing damage to the legitimate rights and interests of citizens, legal persons and other organizations.
State functionaries who collude with counterfeiters or sellers, or who shield or connive at illegal acts of producing and selling fake and inferior commodities, shall be investigated and punished according to law. Article 44 Trade associations shall establish and improve the industry self-discipline mechanism of disciplinary punishment for dishonesty, guide and supervise the business activities of producers and sellers, guide them to produce and operate according to law, fulfill their social responsibilities and safeguard their legitimate rights and interests.
The trade association shall report to the supervision and administration department in a timely manner when it finds the illegal acts of producing and selling fake and shoddy goods in the industry.
The supervision and management department shall learn about the commodity quality of the industry from the industry associations, producers and sellers, and find out the problems in time and deal with them.
Forty-fifth consumer associations and other organizations that safeguard consumers' rights and interests have the right to suggest that the relevant departments should be responsible for handling the quality problems of goods reflected by consumers, and support and assist consumers in bringing a lawsuit to the people's court for damage to the quality of goods.
Forty-sixth product quality certification institutions shall, in accordance with the provisions of the state, track and inspect the goods that have been approved to use the certification mark after certification; The use of certification marks that do not meet the certification standards requires correction; If the circumstances are serious, it shall be disqualified from using the certification mark.
Article 47 Newspapers, radio, television, internet and other media should strengthen supervision by public opinion, and focus on exposing fake dens, distribution centers, a large number of serious key cases, and illegal and criminal acts such as shielding and conniving at fake sales.
Article 48 Social organizations, grass-roots mass autonomous organizations and the media are encouraged to spread the knowledge of commodity safety and relevant laws and regulations, guide consumers to choose commodities produced and sold by legal producers and sellers and commodities with legal labels, and enhance consumers' awareness of commodity safety and their ability to prevent and identify counterfeit goods.
Forty-ninth users and consumers have the right to demand that the goods provided by producers and sellers meet the requirements of protecting personal and property safety; Have the right to inquire, put forward opinions and supervise the commodity quality of producers and sellers of commodities, and make criticisms and suggestions on investigating and handling illegal acts of producing and selling fake and shoddy commodities.
Users and consumers who have suffered personal or property damage due to the purchase and use of commodities have the right to compensation according to law.
Encourage and support users and consumers to safeguard their legitimate rights and interests through complaints, mediation, arbitration and civil litigation.
Article 50 Any unit or individual has the right to report the illegal acts of producing and selling fake and inferior commodities to the supervision and administration department. Encourage and support producers and sellers to investigate and report illegal acts of counterfeit and shoddy goods.
The lawful rights of informants are protected by law, and retaliation against informants is prohibited. The supervision and administration department shall keep confidential the informants.
Fifty-first supervision and management departments should unblock the channels of complaint reporting, and publicize the telephone number, email address and other information of complaint reporting to the public.
After receiving complaints and reports, the supervision and management departments shall timely and completely record them and keep them properly. Complaints and reports that fall within the scope of responsibilities of this department shall be accepted according to law and verified, handled and answered in a timely manner; If it does not belong to the responsibilities of this department, it shall be transferred to the department that has the right to handle it and inform the complainant.
Article 52 After the case is investigated and dealt with according to law, the supervision and management department will give the whistleblower a fine of more than 1% and less than 10%; If there is no fine, appropriate rewards will be given. Bonuses are included in the funds for handling cases.
Specific incentives shall be formulated separately by the provincial people's government.
Article 53 Producers and sellers shall not fabricate or disseminate false information, which will damage the business reputation and commodity reputation of competitors. Article 54 Whoever produces or sells fake and inferior commodities or provides services for the production and sale of fake and inferior commodities, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 55 Whoever produces or sells the commodities listed in Item 1, Item 2, Item 3, Item 4, Item 5 and Item 6 of Article 10 of these Regulations shall be ordered to stop production and sales, and the sales income and the illegally produced and sold commodities shall be confiscated, and a fine of less than three times the value of this batch of illegal commodities shall be imposed.
Those who produce and sell the goods listed in Item 7 of Article 10 of these Regulations shall be ordered to stop selling, the illegally sold goods shall be confiscated, and a fine of less than one time the value of the illegally sold goods shall be imposed; Illegal income, if any, shall also be confiscated.
Those who produce and sell the commodities listed in Item 8, Item 9, Item 10, Item 11 and Item 12 of Article 10 of these Regulations shall be ordered to make corrections, the illegally produced and sold commodities shall be confiscated, and a fine of less than the value of the illegally produced and sold commodities shall be imposed; Illegal income, if any, shall also be confiscated.
Where there are other provisions in laws and regulations on the penalties for producing and selling the commodities listed in Item 1, Item 2, Item 3, Item 4, Item 5, Item 6, Item 7, Item 8, Item 9, Item 10, Item 11 and Item 12 of this Ordinance, those provisions shall prevail. Whoever produces or sells the goods listed in Item 13 of Article 10 of these Regulations shall be punished in accordance with the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Copyright Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 56 Where the production and sale of foods listed in Items 1, 2, 3, 4, 5, 6, 7 and 8 of Article 10 of these Regulations endanger human health and life safety, the illegal income, illegally produced and marketed foods and tools, equipment, raw materials and other articles used for illegal production and operation shall be confiscated, and the license shall be revoked; If the value of food illegally produced and operated is less than 1 10,000 yuan, a fine of 50,000 yuan will be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of ten times the value of the goods shall be imposed.
If the production and sale of drugs listed in Item 1, Item 2, Item 3, Item 4, Item 7 and Item 8 of Article 10 of these Regulations are harmful to human health and life safety, the illegally produced and sold drugs and illegal income shall be confiscated, the certificate of drug approval shall be revoked, and the company shall be ordered to stop production, suspend business for rectification and revoke its license; And impose a fine of not less than two times but not more than five times the value of illegal production and sale of drugs.
Production and sale of other commodities listed in Item 1, Item 2, Item 3, Item 4, Item 7 and Item 8 of Article 10 of these Regulations, which endanger human health and life safety, shall be ordered to stop production and sale, and the sales income and commodities illegally produced and sold shall be confiscated; In the case of Item 1, Item 2, Item 3 and Item 4 of Article 10, a fine of three times the value of this batch of illegal commodities shall be imposed; In case of Item 7 of Article 10, a fine of twice the value of this batch of illegal commodities shall be imposed; If it belongs to Item 8 of Article 10, a fine equivalent to the value of this batch of illegal commodities shall be imposed.
Article 57 Whoever commits one of the acts listed in Article 11 of these regulations shall be punished in accordance with the provisions of Articles 55 and 56 of these regulations.
Article 58 Anyone who commits one of the acts listed in Article 12 of these Regulations shall be ordered to make corrections, his service income shall be confiscated, and a fine of100000 yuan shall be imposed. If the labor income is more than 100,000 yuan, a fine of more than one time and less than three times the labor income shall be imposed. Where laws and regulations provide otherwise, such provisions shall prevail.
Whoever prints, produces or provides counterfeit marks and packaging on his behalf shall, in addition to being punished in accordance with the provisions of the preceding paragraph, confiscate counterfeit marks, packaging, molds, raw materials and semi-finished products. If the circumstances are serious, the production equipment shall be confiscated and the license shall be revoked according to law.
Fifty-ninth producers and sellers in violation of the provisions of this Ordinance, whose licenses are revoked according to law, their legal representatives or the person in charge of the unit and the person directly responsible shall not engage in the production, operation and management activities of the same industry within five years; Where laws and regulations provide otherwise, such provisions shall prevail.
Article 60 Whoever, in violation of the provisions of Article 20 of these regulations, unseals, transfers, uses, alters, destroys or sells sealed articles without authorization shall be fined not more than three times the value of the articles; Illegal income, if any, shall also be confiscated.
Article 61 Under any of the following circumstances, a heavier punishment shall be given in accordance with the provisions of laws and regulations, and the company may be ordered to suspend business for rectification, close down or revoke its license according to law:
(a) mass production and sale of fake and shoddy goods;
(two) the production and sale of fake and shoddy goods as a regular business, or the production and sale of fake and shoddy goods are investigated and dealt with and continue to operate;
(3) Selling fake and inferior commodities by bribery or kickback. ;
(four) the production and sale of fake and shoddy goods is relatively large or there are other serious circumstances.
Article 62 Under any of the following circumstances, a lighter or mitigated punishment shall be given according to law:
(a) take the initiative to stop illegal acts and recall fake and shoddy goods;
(two) report other illegal and criminal acts, with meritorious service;
(3) The seller has sufficient evidence to prove that he doesn't know that the commodity is the commodity listed in Article 10 of these regulations, and truthfully explains its purchase channels;
(four) take effective measures to prevent the harm caused by fake and shoddy goods.
Article 63 If a party refuses to accept the punishment decision made by the supervision and administration department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Sixty-fourth counterfeit and shoddy goods and production tools, equipment, raw materials and semi-finished products confiscated according to law shall be disposed of in accordance with relevant regulations and shall not be directly sold.
Article 65 If the illegal acts of producers and sellers cause damage to users and consumers, they shall bear civil liability according to law.
If the legitimate rights and interests of consumers are damaged due to the purchase and use of goods and demand compensation from the seller, the seller shall bear the liability for compensation first and shall not refuse. If the seller's liability for compensation belongs to the producer or other sellers who provide goods to him, the seller has the right to recover from the producer or other sellers. If it is the producer's responsibility, consumers can also claim compensation from the producer according to law.
Article 66 Any State functionary who is under any of the following circumstances shall be punished by his unit, the appointment and removal organ or the supervisory organ in accordance with the management authority and relevant regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the use of authority to shield illegal units or individuals;
(2) Failing to perform the investigation duties that should be performed, or providing information to the violator to help him evade the investigation;
(3) Failing to hand over the violator to judicial organs for criminal responsibility or refusing to accept the case transferred according to law;
(four) not accepting or delaying the complaint or report that should be accepted;
(5) divulging the information of an informer or taking revenge or framing an informer by taking advantage of his authority;
(six) the use of authority to interfere with or hinder the investigation work;
(seven) abuse of power, causing damage to the legitimate rights and interests of citizens, legal persons and other organizations.
Sixty-seventh supervision and management departments and their law enforcement personnel who exercise their functions and powers illegally and cause damage to the legitimate rights and interests of citizens, legal persons and other organizations shall make compensation in accordance with the relevant provisions of the State Compensation Law of People's Republic of China (PRC).
Article 68 Whoever obstructs an administrative law enforcement officer from performing his duties according to law without using violence or threats shall be punished by the public security organ in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment; Anyone who uses violence or threats shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC). Article 69 These Regulations shall come into force as of 20 12 1 1+0.