Conditions for breaking the law:
1. Drinks that meet food safety conditions and are approved by the state can be sold nationwide by business operators, which is legal.
2. As long as it is a genuine and qualified beverage product, operators can sell it wholesale at will, which is completely legal.
Illegal conditions:
1, string drinks belong to three no products.
2. String drinks do not meet the quality standards.
3. Sign sales contracts with operators and merchants.
Smuggling can be divided into benign smuggling, vicious smuggling and natural smuggling. If it is benign smuggling and natural smuggling, it is not illegal. If it is vicious smuggling, it may involve breaking the law. In general, smuggling is just a contract. It is only a civil act between the two parties, and only bears the liability for breach of contract at most. The area of commodity sales is only the contract between the manufacturer and the distributor, which has no effect on the third party and does not belong to the scope of industrial and commercial management. If the party is not a distributor, it is not restricted. As long as it is a legally purchased commodity, where to sell it is the freedom of the parties, and manufacturers and industry and commerce have no right to punish and deal with the parties.
Second, how to punish the sale of fake wine?
1, plagiarizing other people's trademarks, suspected of selling goods with counterfeit registered trademarks;
2, if the wine is fake, it is blended with alcohol and water, and its behavior seriously endangers food safety and poses a threat to public health, it constitutes the crime of selling fake and inferior products.
legal ground
According to Article 577 of the Civil Law of People's Republic of China (PRC), if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 214th of the Criminal Law stipulates that whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.