The state has the following provisions on penalties for selling fake and shoddy products:
1. According to the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, the following regulations:
1. Article 55 Where an operator commits fraudulent acts in providing goods or services, it shall increase the compensation for the losses suffered by the consumers according to their requirements, and the amount of compensation shall be three times the price of the goods purchased or the cost of receiving services; If the amount of increased compensation is less than that of 5 yuan, it shall be 5 yuan. Where there are other provisions in the law, such provisions shall prevail.
2. Article 56 In case of any of the following circumstances, in addition to bearing corresponding civil liabilities, if other relevant laws and regulations have provisions on punishment organs and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may, according to the circumstances, impose a single warning, confiscate the illegal income, and impose a fine of more than 1 time but less than 1 times the illegal income. If there is no illegal income, impose a fine of less than 5, yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(1) the goods or services provided do not meet the requirements for safeguarding personal and property safety;
(2) doping or adulterating commodities, passing off the fake as the real, passing off the inferior as the good, or passing off unqualified commodities as qualified commodities;
(3) producing commodities explicitly eliminated by the state or selling expired or deteriorated commodities;
(4) forging the origin of goods, forging or falsely using the name and address of others, tampering with the date of production, forging or falsely using quality marks such as certification marks;
(5) failing to inspect or quarantine the goods sold, or forging the inspection and quarantine results;
(6) making false or misleading propaganda about goods or services;
(7) refusing or delaying the relevant administrative department's order to take measures such as stopping the sale, warning, recall, harmless treatment, destruction, production or service of defective goods or services;
(8) deliberately delaying or unreasonably refusing the consumer's request for repair, rework, replacement, return, replenishment of commodity quantity, refund of payment for goods and services or compensation for losses;
(9) Infringe on the personal dignity of consumers, personal freedom of consumers or the right of consumers' personal information to be protected according to law;
(1) other circumstances that should be punished for harming consumers' rights and interests as stipulated by laws and regulations.
in case of any circumstance specified in the preceding paragraph, the operator shall be punished in accordance with laws and regulations, and the punishment organ shall record it in the credit file and announce it to the public.
article 57 if an operator provides goods or services in violation of the provisions of this law and infringes on the legitimate rights and interests of consumers, which constitutes a crime, he shall be investigated for criminal responsibility according to law.
II. According to the following provisions of the Criminal Law of the People's Republic of China:
1. Article 14 Producers and sellers who adulterate their products, pass off fake products as genuine ones, shoddy products or pass off unqualified products as qualified products, and the sales amount is more than 5, yuan but less than 2, yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 5% but not more than two times the sales amount. If the sales amount is more than 2, yuan but less than 5, yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 5% but not more than two times the sales amount; If the sales amount is more than 5, yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 5% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 5% but less than 2 times the sales amount or his property shall be confiscated.
2. article 149 the production and sale of the products listed in articles 141 to 148 of this section do not constitute the crimes specified in these articles, but those whose sales amount is more than 5, yuan shall be convicted and punished in accordance with the provisions of article 14 of this section.
whoever produces or sells the products listed in articles 141 to 148 of this section, which constitutes a crime stipulated in each article and also constitutes a crime stipulated in article 14 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
3. article 15 if a unit commits the crimes specified in articles 14 to 148 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of these articles.
III. According to the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests:
Article 56 In case of any of the following circumstances, in addition to bearing corresponding civil liabilities, if other relevant laws and regulations stipulate the punishment organ and punishment method, the provisions of laws and regulations shall prevail; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may, according to the circumstances, impose a single warning, confiscate the illegal income and impose a fine of more than 1 time but less than 1 times the illegal income, and impose a fine of less than 5, yuan if there is no illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(1) the goods or services provided do not meet the requirements for safeguarding personal and property safety;
(2) doping or adulterating commodities, passing off the fake as the real, passing off the inferior as the good, or passing off unqualified commodities as qualified commodities;
(3) producing commodities explicitly eliminated by the state or selling expired or deteriorated commodities;
(4) forging the origin of goods, forging or falsely using the name and address of others, tampering with the date of production, forging or falsely using quality marks such as certification marks;
(5) failing to inspect or quarantine the goods sold, or forging the inspection and quarantine results;
(6) making false or misleading propaganda about goods or services;
(7) refusing or delaying the relevant administrative department's order to take measures such as stopping the sale, warning, recall, harmless treatment, destruction, production or service of defective goods or services;
(8) deliberately delaying or unreasonably refusing the consumer's request for repair, rework, replacement, return, replenishment of commodity quantity, refund of payment for goods and services or compensation for losses;
(9) Infringe on the personal dignity of consumers, personal freedom of consumers or the right of consumers' personal information to be protected according to law;
(1) other circumstances that should be punished for harming consumers' rights and interests as stipulated by laws and regulations.
expanding information
in order to ensure people's "safety on the tip of the tongue", since last year, Kunming Municipal Market Supervision Administration has implemented the "four strictest" and concentrated on the rectification of fake and shoddy food, and the city's food safety inspection and law enforcement work has achieved remarkable results.
It is reported that since 218, the market supervision department of Yunnan Province has fully implemented the "four strictest" and severely cracked down on illegal and criminal acts that endanger food safety with a "zero tolerance" attitude. Last year, 356 cases were cracked, 8 "black workshops" and "black dens" were destroyed, and 8,146 food cases were investigated.
in the first half of p>219, Kunming concentrated on investigating and handling 45 cases of food violations, and the comprehensive qualified rate of edible agricultural products increased to 99.54%, and the qualified rate of food sampling increased to 97.7%.
According to reports, in 218, Kunming Municipal Market Supervision Administration focused on the inspection of food production enterprises such as rice, flour, oil, dairy products and beverages in the city;
Before the Mid-Autumn Festival in p>218, strengthen the inspection of the Mid-Autumn Moon Cake production enterprises in the city; Before the Spring Festival in 219, focus on the inspection of liquor production enterprises and liquor workshops that have obtained food production licenses in Dongchuan, Xundian, Songming, Shilin and Yiliang counties (districts); In the first half of this year, focusing on the production and operation of "spicy strips" reported by CCTV's "March 15th" party,
the Municipal Market Supervision and Administration Bureau quickly issued a notice requesting the whole city to strengthen supervision and inspection on the production field of "spicy strips".
"Through understanding and learning, we have increased our common sense of distinguishing fake and shoddy products." At the theme day of Yunnan Province and Kunming Municipal Market Supervision Bureau, a few days ago, many citizens learned about food safety knowledge through activities.
At the scene, the Municipal Market Supervision Administration concentrated on interpreting the Food Safety Law and other laws and regulations, and showed the achievements made in cracking down on food safety violations in recent years through graphic materials and physical objects.
Article 26 of the Food Safety Law of the People's Republic of China clearly stipulates microorganisms, pesticide residues, veterinary drug residues and the dosage of food additives in food, which clearly states the current food safety standards. According to the staff, generally speaking, fake and shoddy products seek more illegal profits by using a small amount of cost. In addition to food quality problems, excessive use of additives is also a common illegal act.
to implement the "four strictest", Kunming will strictly punish relevant illegal acts while carrying out the rectification of fake and shoddy food. Take the handling of illegal cases such as the excessive use of food additives by an eco-food company in March 218 as an example. After investigation, it was fined 55,243 yuan for producing foods that used food additives in excess and did not meet food safety standards.
China government legal information network-Law of the People's Republic of China on the Protection of Consumers' Rights and Interests
Baidu Encyclopedia-Criminal Law of the People's Republic of China
China government legal information network-Law of the People's Republic of China on the Protection of Consumers' Rights and Interests
People's Network-Kunming vigorously punishes counterfeit and shoddy food? Last year, 8,146 food cases were investigated.