Article 1 In order to strengthen market supervision, guide producers and sellers to operate in good faith, maintain market economic order, and protect the legitimate rights and interests of producers, sellers, users and consumers, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and in light of the actual situation of this province.

article 2 these regulations are applicable to the activities of investigating and dealing with the illegal acts of producing and selling fake and inferior commodities and providing services for producing and selling fake and inferior commodities within the administrative area of this province.

article 3 to investigate and deal with the illegal activities 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 treatment 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 such as food and medicines closely related to human health and life safety.

article 4 people's governments at all levels shall be responsible for organizing and leading the investigation and punishment of illegal acts of producing and selling fake and inferior commodities 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 supervision and management departments) are responsible for investigating and handling illegal acts of producing and selling fake and shoddy goods according to their respective responsibilities. If laws and regulations stipulate that other relevant departments are responsible, those provisions shall prevail.

Supervision, taxation, finance, price control, communication management and other departments shall, according to their respective responsibilities, 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 goods 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 the 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 system of commodity incoming inspection, certificate and ticket collection, and a system of purchasing and sales ledger to ensure the quality of commodities.

it is forbidden to produce and sell fake and inferior commodities; 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 shoddy goods.

article 1 is a fake and shoddy commodity under any of the following circumstances:

(1) it does not meet the national, industrial and local standards for protecting human health and personal and property safety;

(2) adulterating, passing the fake as the real, passing the inferior as the good, passing the old as the new, and passing the unqualified goods off as qualified goods;

(3) Failing to obtain the license according to law or passing off the license number;

(4) producing, processing, manufacturing or assembling fake and inferior raw materials and parts;

(5) using raw materials prohibited by the state to produce food additives;

(6) there are additives in the food that violate the national standards and exceed the limit;

(7) expired, invalid or deteriorated;

(8) production and sales are eliminated or prohibited by the state;

(9) tampering with the production date, safe use period, validity period, expiration date or shelf life;

(1) forging the place of origin of goods, forging or falsely using the name and address of the factory;

(11) counterfeiting certification marks, adopting international standard product marks, famous and excellent marks, anti-counterfeiting marks, special marks for geographical indications, special marks for health foods, commodity bar codes and other marks, or counterfeiting quality certification documents such as certificates of conformity, inspection reports, and quality guarantees;

(12) the quality of the goods does not meet the quality conditions indicated in the marks and instructions;

(13) pirated copies or counterfeit registered trademarks and patents;

(14) other fake and shoddy commodities as stipulated by laws and regulations.

article 11 whoever uses the commodities listed in article 1 of these regulations to provide business services, or uses them as promotional gifts or prizes in sales activities with prizes, shall be regarded as selling fake and inferior commodities.

Article 12 provides services for the production and sale of fake and shoddy goods under any of the following circumstances:

(1) provides production and operation conditions such as venues, equipment, materials and funds or services such as warehousing, storage, transportation and network platforms for others who know or should know that they are producing and selling fake and shoddy goods;

(2) teaching and providing techniques and methods for producing and selling fake and shoddy goods or providing producer services for producing fake and shoddy goods;

(3) knowing or ought to know that others are producing and selling fake and inferior commodities, and providing advertising services for them by designing, producing, acting as agents, publishing or other means;

(4) providing bills, accounts, contracts or false certification materials to others who know or should know that they are producing and selling fake and inferior commodities;

(5) making or providing commodity labels, packages and instructions for others who know or should know that they are producing and selling fake and inferior commodities;

(6) The organizer of the fair fails to fulfill the responsibilities such as examination, resulting in counterfeit 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

article 13 the supervision and management department shall 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 and the handling results. The supervision and inspection personnel shall sign the supervision and inspection records.

the supervision and management departments should strengthen the equipment construction of law enforcement teams, increase the equipment for on-site rapid detection and investigation, and improve the ability of supervision and law enforcement.

article 14 the supervision and management department shall organize the formulation of the catalogue of commodities subject to supervision and spot checks within its administrative region, 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 departments 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 department may inspect commodities according to the needs of supervision and spot check. The number of samples taken for testing shall not exceed the reasonable needs of testing, and no testing fees or any other fees shall be charged.

Article 15 The supervisory and administrative departments shall timely publicize the daily supervision and management information of food, medicines, children's products and other commodities related to human health and life safety.

Article 16 The supervision and administration department shall strengthen the supervision of websites providing online trading platform services and investigate and deal with online shops selling fake and shoddy goods.

if fake and shoddy goods are sold by online trading, any unit or individual can complain and report to the supervision and management department where the operator's domicile or the seller's domicile of the website 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 of the place where the website is licensed to order it to temporarily block or stop the access service of the illegal website.

article 17 supervision and management departments should 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 on key and difficult cases.

Article 18 When investigating and handling cases, the supervisory and administrative departments may exercise the following functions and powers according to law:

(1) Ask the producers, sellers, service providers, interested parties and witnesses concerned and ask them to provide relevant information;

(2) to inspect relevant property and premises, and to consult, copy, register and keep relevant contracts, original records, sales vouchers, account books and other materials;

(3) sealing up and detaining commodities suspected of being fake and shoddy and related raw materials, semi-finished products, tools and equipment;

(4) other functions and powers as prescribed by laws and regulations.

Article 19 When the supervision and management departments investigate and deal with cases according to law, there shall be no less than two law enforcement officers, and they shall show their law enforcement certificates.

when administrative law enforcement officers investigate and deal with cases according to law, the relevant units and individuals shall cooperate with them and shall not refuse or interfere; The inquired producers, sellers and service providers shall truthfully provide relevant information and materials.

article 2 the implementation of sealing up or detaining must be approved by the person in charge of the supervision and administration department at or above the county level. if the goods that are sealed up or detained need to be tested, they shall be sent for testing within seven days from the date of sealing up or detaining.

no unit or individual may unseal, transfer, use, alter, destroy or sell the sealed articles without the approval of the supervision and administration department that implemented the sealing.

Article 21 If the suspected fake and inferior commodities need to be tested, the supervision and management department shall take samples according to the regulations, which shall be tested by a statutory testing institution, which 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 infringed.

the inspection fee and sample fee shall be charged by the supervision and administration department for inspection in the funds for handling cases or shall be paid according to the relevant provisions of the state.

if the sealed-up or detained goods are not fake and shoddy after detection and identification, the supervision and management department shall make a decision to lift the sealed-up or detained goods 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.

if the producer or seller disagrees with the test results, they can 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 accepting the re-inspection will make a re-inspection conclusion; Where laws and regulations provide otherwise, such provisions shall prevail.

article 22 when investigating cases, the supervision and management departments find fake dens and distribution centers, which shall be banned.

article 23 after the announcement that fake and shoddy goods have been seized, if the violator fails to be dealt with by the supervision and administration department within fifteen days from the date of the announcement, the supervision and administration department may confiscate the fake and shoddy goods together with the articles involved, but it will not exempt the violator from other legal responsibilities.

article 24 if the supervision and management department investigates a case according to law and finds that the illegal act is suspected of a crime, it shall transfer it to the public security organ for investigation within seven days, and send a copy to the people's procuratorate and the supervisory organ at the same level.

the public security organs 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 authorities or departments shall sign the receipt of the case transfer; 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 involved and the property shall not be handled separately.

article 25 people's procuratorates and supervisory organs shall strengthen their supervision over suspected criminal cases transferred by supervisory and administrative departments, criminal filing and investigation activities of 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 that should be filed, the people's procuratorate shall supervise it according to law.

Section II Special Investigation

Article 26 People's governments at or above the county level may organize relevant administrative departments to carry out special investigations on key commodities, key markets and key areas.

the supervision and management departments should take fake and shoddy food, medicines, pesticides, fertilizers, seeds, medical devices and special equipment that 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.

article 27 the people's governments at or above the county level shall strengthen the organization and coordination of special investigation and punishment, formulate the work plan for special investigation and punishment, 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.

article 28 in the event of counterfeit and shoddy goods that seriously endanger production, human health and safety of life and property, the people's governments at or above the county level shall list them as key cases.

the leadership responsibility system shall be implemented for key cases. The main person in charge of the government is the first responsible person to investigate and deal with key cases, and is responsible for supervising the investigation and handling of cases.

when investigating key cases, public security organs and supervisory organs should intensify their efforts to investigate and deal with criminal acts such as commercial bribery.

article 29 when investigating key areas producing and selling fake and shoddy goods, we should strengthen the investigation of wholesalers of fake and shoddy goods and units and personnel providing transportation, warehousing and storage services for producing and selling fake and shoddy goods.

article 3 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 around communities, urban-rural fringe areas, villages and towns, primary and secondary schools.

to investigate and deal with fake and inferior drugs, we should focus on investigating and dealing with fake drugs, inferior drugs and medical devices that do not conform to the standards, deteriorate and expire.

to investigate and deal with fake and shoddy agricultural means of production and agricultural products, we should strengthen the monitoring and inspection of agricultural wholesale markets, distribution centers, business stores and logistics distribution centers.

article 31 people's governments at all levels shall report the work arrangements for investigating and handling counterfeit and shoddy goods in their respective regions and the investigation and handling of key cases to the people's government at the next higher level, and make the investigation and handling public according to law.

Section 3 Credit Information and Classified Supervision

Article 32 The supervision and management department shall establish a record system of illegal acts of producers and sellers, and record the producers and sellers who have been subjected to administrative punishment for producing and selling fake and inferior commodities in the supervision files and strengthen supervision.

article 33 the supervision and management department shall publish the relevant information of producers and sellers, their legal representatives, responsible persons and persons directly responsible who have been subjected to administrative punishment for producing and selling fake and shoddy goods through government websites or other means in a timely manner.

the items to be announced include the names, shop names and addresses of illegal producers and sellers, the names and positions of legal representatives or responsible persons and the persons directly responsible, the names of fake and shoddy goods, the reasons for the violation, the decision on administrative punishment, the starting and ending dates of announcement and other information.

article 34 the people's governments listed at the provincial and prefecture levels shall take measures to establish and improve the information system, so as to realize the * * * sharing of case investigation between departments and enterprise credit information and other resources.

article 35 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.

article 36 if a producer or seller violates the law for many times or the circumstances of the illegal act are bad, the supervision and management department shall include it 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 of 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 development and reform at the same level of the list of key supervision objects.