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Anhui Province’s Interim Provisions on Investigating and Dealing with the Distribution of Counterfeit and Substandard Products

Article 1 In order to strengthen the supervision and management of commodity quality, stop the distribution of counterfeit and shoddy goods, and safeguard the legitimate rights and interests of the country and consumers, in accordance with the "Standardization Law of the People's Republic of China" and its implementation regulations, The "Industrial Product Quality Responsibility Regulations", the "Interim Regulations on Administrative Punishments for Speculation" and other laws and regulations formulate these regulations. Article 2 All units and individuals engaged in selling goods within the province must comply with these regulations. Article 3 It is strictly prohibited to distribute the following counterfeit and shoddy goods:

(1) Ineffective or spoiled;

(2) Endangering safety and personal health;

(3) ) The indicated indicators are inconsistent with the actual;

(4) Pretending to use high-quality or certification marks and counterfeit license marks;

(5) Mixing to make it fake or passing it off as genuine Or exchanging old items for new ones;

(6) Production and sales are expressly prohibited by relevant national laws and regulations. Article 4 Anyone who distributes any of the following commodities and refuses to make corrections after being pointed out shall be deemed to be distributing counterfeit and shoddy commodities:

(1) Without an inspection certificate or a sales permission certificate from the relevant unit;

(2) Failure to indicate the product name, manufacturer and place of origin in Chinese (important industrial products do not indicate the factory address);

(3) Use within a limited period without indicating the expiration date;

(4) Implementing production (manufacturing) license management without indicating the license number and validity period;

(5) Using Chinese to indicate specifications, grades, main technical indicators or ingredients, Content, etc. but not indicated;

(6) High-end durable consumer goods without Chinese instructions for use;

(7) Processed goods (including defective goods, substandard goods) without The word "processed product" is marked on a prominent part of the product or package;

(8) Highly toxic, flammable, explosive and other dangerous goods without relevant labels and instructions for use. Article 5 Anyone who violates the provisions of Items (3) and (4) of Article 3 of these Regulations shall be ordered to stop selling and shall be fined not more than twice the illegal income.

If this batch of goods is indeed of use value after inspection, the price can be reduced after approval by the local price department. Article 6 Anyone who violates the provisions of Article 3 (5) of these regulations shall have the items sold at a fixed price and the illegal income confiscated; or the items shall be confiscated and the sales price shall be confiscated, and a fine of less than twice the illegal income or less than 20% of the business revenue shall be imposed fine. Article 7 Anyone who violates items (1), (2), and (6) of Article 3 of these Regulations shall be ordered to stop selling; goods that need to be recovered, supervised and destroyed, or subjected to necessary technical processing shall be recovered within a time limit. Destroy or dispose of the goods; confiscate the illegal gains; impose a fine of 10% to 20% of the value of the goods; and impose a fine of not more than 5,000 yuan on the relevant responsible persons. Article 8 Anyone who violates the provisions of Article 4 of these regulations and does not change after being educated will have his or her illegal income confiscated, be fined 15 to 20 percent of the illegal income, and be ordered by the competent department to suspend business for rectification. Article 9 The penalties prescribed in Articles 5 to 8 of these Regulations do not exempt the responsible person from liability for damages to others. Damaged units or individuals have the right to demand compensation for losses from those responsible. Article 10: If the counterfeit and shoddy goods distributed cause personal injury or death or significant property losses, and the circumstances are serious and violate criminal laws, they shall be transferred to judicial organs for investigation of criminal liability in accordance with the law; those who connive and cover up the distribution of counterfeit and shoddy goods shall also be held criminally liable. Article 11: Fines imposed on units that have been punished shall be paid from their own funds and shall not be included in costs and shall not occupy the fiscal revenue that should be turned over; fines imposed on individuals shall not be paid from public funds.

The fines and confiscated items and the price change of confiscated items shall be paid to the finance department at the same level.

Article 12 Standard measurement administrative departments and industrial and commercial administrative agencies at all levels shall do a good job in investigating and dealing with the distribution of counterfeit and inferior goods according to the following division of labor:

(1) In the field of circulation, all goods that are responsible for product quality Problems shall be investigated and dealt with by the standard metrology administrative department; if assistance from the industrial and commercial administrative authorities is needed, the industrial and commercial administrative authorities shall cooperate;

(2) The distribution of adulterated goods and counterfeit goods is discovered during market management and trademark management Illegal acts on commodities shall be investigated and dealt with by the industrial and commercial administrative authorities, and the standard measurement administrative departments shall cooperate;

(3) Any acts of reselling or deceptively selling inferior goods in the market shall be investigated and dealt with by the industrial and commercial administrative authorities. If the administrative department for industry and commerce needs assistance from the administrative department for industrial and commercial administration, the administrative department for standard metrology shall provide assistance; if the administrative department for standard metrology discovers it, the administrative department for standard measurement shall investigate and deal with it. If the administrative department for industry and commerce requires assistance, the administrative department for industrial and commercial affairs shall Administrative agencies will provide assistance. The same problem cannot be dealt with repeatedly. Article 13 When enforcing the law, staff who investigate and deal with counterfeit and shoddy goods must wear and show law enforcement signs and certificates, and use penalty notices and penalty and confiscation receipts in accordance with the provisions of the "Anhui Province Interim Regulations on the Management of Fines and Confiscated Property". Article 14 If a one-time fine of the county (city) standard metrology administrative department exceeds 20,000 yuan, it shall be reported to the city (prefecture) standard metrology administrative department for approval; if it exceeds 50,000 yuan, it shall be reported to the provincial standard metrology administrative department for approval. Article 15 If the punished unit or individual is dissatisfied with the punishment decision, it may apply for reconsideration or file a lawsuit in the People's Court in accordance with the provisions of the Administrative Procedure Law of the People's Republic of China and the Administrative Review Regulations.

If no application for reconsideration, no prosecution, and no performance is made within the prescribed time limit, the authority that made the penalty decision shall enforce the penalty in accordance with the law or apply to the people's court for enforcement.