Article 1 In order to severely crack down on illegal activities of manufacturing and selling counterfeit and shoddy goods, protect the interests of the country and consumers, maintain social and economic order, ensure and promote the smooth progress of reform, in accordance with relevant national laws, regulations and policies , these regulations are specially formulated. Article 2 Anyone who falls under any of the following circumstances shall be deemed to be manufacturing or selling counterfeit and shoddy goods:

(1) Manufacturing or selling goods whose names do not match the quality and are passed off as genuine;

(3) Adultering with fakes, passing off substandard products as good or substandard products as qualified products;

(4) Goods produced or assembled with substandard raw materials and parts;

(5) Manufacturing and selling goods that do not meet safety and health standards;

(6) Manufacturing , selling goods that have been explicitly eliminated by the state;

(7) selling rotten, spoiled, expired goods;

(8) other manufacturing, The act of selling counterfeit and shoddy goods. Article 3 Providing venues, equipment, accounts, printing trademarks and packaging, issuing certificates, invoices, making contracts or providing other convenient conditions for the manufacture and sale of counterfeit and shoddy goods shall be regarded as the act of manufacturing and selling counterfeit and shoddy goods. . Article 4: Counterfeit and shoddy goods shall be identified by the industrial and commercial administration authorities at or above the county level. If testing is required, it shall be identified by a statutory testing agency at or above the county level, and the identification results shall be provided in a timely manner. Article 5: As for the penalties for manufacturing and selling counterfeit and shoddy goods, wherever the state has stipulated them, they shall be implemented in accordance with the state regulations; if the state has no stipulations, Articles 6, 7, and 8 of these regulations shall be implemented. Article 6 Administrative penalties for manufacturing and selling counterfeit and shoddy goods include:

(1) Notice of criticism;

(2) Restricted price sale;

(3) Confiscating goods, trademarks and logos;

(4) Confiscating illegal gains;

(5) Confiscating special means of transportation, equipment and appliances for manufacturing and selling counterfeit and shoddy goods;

(6) Confiscation of payment for goods sold;

(7) Fine;

(8) Order to suspend business for rectification;

(9) Business license revoked.

The above penalties can be imposed concurrently.

If the punished units and individuals cause economic losses to users and consumers, they shall be responsible for compensation for the economic losses. Article 7 If any of the following circumstances occurs when manufacturing or selling counterfeit and shoddy goods, in addition to confiscation of the counterfeit and shoddy goods and illegal gains, the manufacturer shall be fined one to three times the value of the counterfeit goods; the seller shall be fined for illegal gains A fine of one to three times.

(1) Causes damage to the personal health of consumers;

(2) Causes direct losses to industrial and agricultural production;

(3) Evil means , the circumstances are serious;

(4) Those who refuse to change despite repeated admonishment. Article 8 For units that manufacture and sell counterfeit and shoddy goods, in addition to being punished in accordance with Articles 6 and 7 of these regulations, the person in charge and the person directly responsible shall be fined not more than 1,000 yuan each.

If the competent departments and relevant agencies cover up and condone enterprises or individuals in manufacturing and selling counterfeit and shoddy goods, in addition to issuing a notice of criticism, the person in charge and the person directly responsible will be fined not more than 1,000 yuan each; those who profit from it will be fined , all illegal gains shall be confiscated and a fine twice the amount of illegal gains shall be imposed. Article 9: The person in charge and the person directly responsible for the manufacture and sale of counterfeit and shoddy goods that cause serious consequences and constitute a crime shall be held criminally responsible by the judicial authorities in accordance with the law. Article 10 After the penalty decision of the industrial and commercial administrative organ takes effect, if the punished unit or individual refuses to pay fines and confiscations and economic loss compensation, with the approval of the director of the industrial and commercial administrative bureau at or above the county level, a "Notice of Entrusted Withholding of Payments" will be issued to the punished unit. Letter", notify the bank where the person has an account to withhold from his deposit; for a punished individual, his unit should be notified to withhold the amount from the individual's salary income, or the withheld materials can be revalued to offset the amount. Article 11 If the seized counterfeit and shoddy goods still have use value, after the counterfeit trademarks are removed, the industrial and commercial administration authorities at or above the county level shall jointly work with the price management department to set prices and hand them over to state-owned commercial units for inclusion in normal sales channels. The departments involved in pricing shall It is not allowed to be purchased internally; if it has no use value, it will be destroyed on site under the supervision of the industrial and commercial administration authorities at or above the county level or handed over to the relevant departments for technical processing.

Article 12: Any unit or individual has the right to report, expose and accuse illegal activities of manufacturing and selling counterfeit and shoddy goods. Consumer associations, self-employed workers associations and other social groups should provide assistance in investigating and punishing illegal activities of manufacturing and selling counterfeit and shoddy goods. Article 13: Meritorious units and individuals who report the manufacture and sale of counterfeit and shoddy goods shall be rewarded in accordance with relevant national regulations and shall be responsible for confidentiality. Article 14 Anyone who refuses or hinders industrial and commercial administrative personnel from investigating and punishing counterfeit and shoddy goods in accordance with the law shall be punished by the public security organs in accordance with the "Regulations on Public Security Administration Punishments of the People's Republic of China"; if the circumstances are serious enough to constitute a crime, the judicial organs shall be punished in accordance with the law. Pursuing criminal liability. Article 15 If the person being punished is dissatisfied with the penalty decision of the industrial and commercial administrative authority, he shall apply for reconsideration to the next higher level industrial and commercial administrative authority within fifteen days from the date of receipt of the notice of the penalty decision. The industrial and commercial administration authority at the next higher level shall make a reconsideration decision within thirty days from the date of receipt of the reconsideration application.