Hello, since this year, food supervision in various places has been gradually assigned to the Food and Drug Administration. Therefore, for counterfeit wine, the Industry and Commerce Bureau can now determine that it is a product that infringes on the trademark rights of others and can be punished according to the Trademark Law of the People's Republic of China. Article 60: When the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be 50,000 yuan. If the amount is above, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. It can also be determined based on the "Law of the People's Republic of China and the State Against Unfair Competition" and penalties under trademark law may be applied.
If it is handled by the Food and Drug Administration, qualitative punishment can be imposed under the Food Safety Law or the Product Quality Law.