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Penalty standards for selling counterfeit wine

The Ministry of Commerce’s Alcohol Circulation Management Measures stipulate that the wholesale, retail, storage and transportation of the following commodities are prohibited:

(1) Alcohol blended with non-edible alcohol and other substances harmful to human health Commodities;

(2) Liquor products that forge or tamper with the name, address, and production date of the production factory;

(3) Liquor products that infringe intellectual property rights such as trademark rights;

(4) Alcoholic products adulterated with fake, substandard, genuine, expired, etc. and illegally imported alcohol;

(5) Prohibited by laws and regulations of other countries Alcoholic beverages for sale.

For those who violate the provisions of these Measures, the competent commerce department or in conjunction with relevant departments will confiscate the illegal goods and impose a fine of not more than 30,000 yuan depending on the severity of the case; for those who violate industrial and commercial administrative laws and regulations and infringe the exclusive right to trademark, The case shall be transferred to the industrial and commercial administrative authorities for handling in accordance with the law; if other laws and regulations are violated, the matter shall be transferred to the relevant authorities for handling in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Anyone who produces or sells products that do not comply with national standards or industry standards that protect human health and personal and property safety shall be ordered to stop production and sales, and the products illegally produced and sold will be confiscated and fined. Products (including sold and unsold products, the same below) shall be fined not less than three times the value of the goods; if there are any illegal gains, the illegal gains shall also be confiscated; in serious cases, the business license shall be revoked; if a crime is constituted , pursue criminal responsibility in accordance with the law.

: Selling counterfeit wine is also suspected of producing and selling fake and inferior products. Anyone 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 separately be fined with the sales amount. A fine of not less than 50% but not more than twice the amount, and a sales amount of not less than 200,000 yuan but not more than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and a fine of not less than 50% but not more than twice the sales amount.

Legal basis: Article 49 of the "Law of the People's Republic of China and Domestic Product Quality"

Production and sales do not comply with national standards for protecting human health and personal and property safety , industry standard products, shall be ordered to stop production and sales, illegally produced and sold products shall be confiscated, and illegally produced and sold products (including sold and unsold products, the same below) shall be subject to a fine of three or more times equivalent to the value of the illegally produced and sold products. A fine of not more than three times; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal liability shall be investigated in accordance with the law.