It depends on the circumstances of the case. If the wine is genuine but is just a counterfeit of someone else’s trademark, it is suspected of selling goods with counterfeit registered trademarks; if the wine is fake, it is blended with alcohol and water. , whose behavior seriously endangers food safety and poses a threat to public health, constitutes the crime of selling fake and inferior products.
The specific legal provisions are as follows:
The crimes of producing and selling counterfeit and shoddy products and the production and sale of products that are not in compliance with safety standards in Articles 140 and 143 of the "Criminal Law" For standard food crimes, the sentence must be based on the amount of sales and the consequences. Among them, the lightest penalty is if the sales amount is more than 50,000 yuan but less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than two times of the sales amount. If the counterfeit wine sold causes serious food poisoning accidents or other serious food-borne diseases, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined.
Article 140 of the Criminal Law of the People's Republic of China and the People's Republic of China: the crime of producing and selling counterfeit and inferior products. Whoever sells a substandard product or passes it off as a qualified product, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount;
Anyone with a sales amount of more than 200,000 yuan but less than 500,000 yuan 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 50% but not more than twice the sales amount; if the sales amount is 50% If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than twice the sales amount; if the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment. , and shall be fined not less than 50% but not more than two times of the sales amount or the property shall be confiscated.
Article 143: Producing and selling food that does not meet safety standards is a crime. Producing or selling food that does not meet food safety standards is enough to cause serious food poisoning accidents or other serious food-borne diseases. Those who cause serious harm to human health or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and shall also be fined; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and shall also be fined; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than seven years and not less than seven years. Imprisonment or life imprisonment, and a fine or confiscation of property.
Fake wines mainly include two categories:
First, small wineries counterfeit famous wines in order to achieve sales. This type of counterfeit wines mainly occurs in big cities or urban areas;
2. Blending industrial alcohol into edible liquor for sale mainly occurs in rural areas. Industrial alcohol contains methanol, and methanol is a highly toxic substance. Drinking 4 to 6 grams will cause blindness, and more than 10 grams can cause death. The chemical and physical properties of methanol, especially the smell, taste, specific gravity, etc. are similar to those of ethanol, and it is difficult to distinguish them by sensory identification alone.