Chapter I General Provisions Article 1 In order to severely punish the illegal acts of producing and selling fake and inferior products, protect the legitimate rights and interests of users, consumers and producers and operators, and maintain the market economic order, these Regulations are formulated in accordance with the provisions of the Product Quality Law of People's Republic of China (PRC) and other relevant laws and regulations, and in combination with the actual situation of Shantou Special Economic Zone (hereinafter referred to as the Special Zone). Article 2 All units and individuals engaged in product production and sales activities and providing conditions or services for product production and sales activities in the Special Zone must abide by these Regulations.

The products mentioned in these Regulations refer to articles that have been processed, produced, used for sale or are being sold. Including products imported for sale, products exported for domestic sale, products assembled, repackaged and packaged for sale or being sold, and products provided by operators to users and consumers. Article 3 These Regulations shall be implemented by the administrative department of quality and technical supervision and the administrative department for industry and commerce. The administrative department of quality and technical supervision is responsible for organizing the investigation and punishment of product quality violations in the field of production and circulation; The administrative department for industry and commerce is responsible for organizing the investigation and punishment of illegal acts such as adulteration and counterfeit products found in market management and trademark management. Where laws and administrative regulations provide otherwise for the scope of their functions and powers, such provisions shall prevail.

Health, medicine, culture, publishing, tobacco, import and export commodity inspection and other relevant administrative departments and units, within the scope of their functions and powers as prescribed by laws and regulations, are responsible for investigating and dealing with illegal acts of producing and selling fake and shoddy products.

The relevant administrative departments shall carry out their duties, cooperate with each other and cooperate closely when investigating and dealing with fake and shoddy products.

Have the right to investigate and deal with the same illegal act, and be investigated and dealt with by the administrative department that first filed the case; The same illegal act shall not be inspected and punished repeatedly. Article 4 Users, consumers, social organizations, trade associations and news organizations that protect consumers' rights and interests have the right to conduct social supervision over producers, sellers and related parties of fake and inferior products. Fifth street offices and neighborhood committees shall cooperate with relevant administrative departments to investigate and deal with illegal acts of producing and selling fake and inferior products. Article 6 Units and individuals are encouraged to report illegal acts of producing and selling fake and inferior products and providing them with conditions or services.

The relevant administrative departments shall reward those who report meritorious service according to the following 10% of the fine, and keep it confidential.

Anyone who divulges secrets in violation of the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. Chapter II Scope of Punishment Article 7 The scope of punishment includes:

Illegal acts of producing and selling fake and inferior products;

Illegal acts of producing and selling products that do not meet the requirements of product identification;

An illegal act of providing conditions or services for the production and sale of fake and shoddy products;

The illegal act of teaching the techniques and methods of producing and selling fake and inferior products. Article 8 Under any of the following circumstances, it is a fake and shoddy product:

(a) does not meet the national standards, industry standards and local standards for the protection of human health and personal and property safety, or is in danger of endangering human health and personal and property safety;

(two) eliminated by the state;

(three) expired, invalid or deteriorated;

(four) doping, adulteration, shoddy, substandard products as qualified products;

(five) counterfeiting the registered trademark of others;

(6) Forging or fraudulently using the origin, factory name and address of the product;

(seven) forgery or fraudulent use of certification marks, brand-name marks, inspection-free marks, product barcodes, international standard marks and other marks;

(eight) the laws and regulations must have a production license, but there is no license, the license is invalid or the license number is false;

(9) Forging or counterfeiting patent marks and patent numbers;

(ten) copying audio-visual products and computer software without the permission of the obligee;

(eleven) the marked technical indicators and quality indicators are inconsistent with the actual situation. Article 9 In any of the following circumstances, it is a product that does not meet the requirements of product identification:

(a) there is no product quality inspection certificate;

(2) The product name, manufacturer's name and address not indicated in Chinese;

(three) the production date, safe use period or expiration date are not indicated within a time limit;

(four) according to the characteristics and requirements of the product, it is necessary to indicate the product specification, grade and the name of the main components contained in it, but it is not indicated accordingly;

(5) Marking other false marks on products or packages.

Items (1) to (4) of the preceding paragraph do not apply to naked food and other naked products that are difficult to label according to product characteristics. Article 10 In any of the following circumstances, it is to provide conditions or services for the production and sale of fake and inferior products:

(1) Renting, lending or selling the business license and permit for producing and selling fake and inferior products;

(2) knowingly producing and selling fake and inferior products and providing them with venues, equipment, storage and transportation services;

(3) Providing advertising agency, design, production, release and publicity for fake and shoddy products;

(four) knowing that it is producing and selling fake and inferior products, and issuing invoices, certificates, signing contracts and providing account numbers for them;

(5) knowingly producing and selling fake and inferior products, printing, contracting or providing fake labels or packaged goods for them;

(6) Concealing, transferring or destroying the sealed-up and detained fake and inferior products for those who produce and sell fake and inferior products;

(seven) to provide perjury for the production and sale of fake and inferior products or help them escape.