First of all, the State Administration of Market Supervision will contact the original manufacturer, who will conduct appraisal and issue an appraisal certificate to prove whether the discovered goods are produced by it. Even if it is identified as fake wine, according to the Trademark Law, you can choose to negotiate with the original trademark owner, or file a lawsuit with the original trademark owner, or both parties will hand over the matter to the industry and commerce (depending on the seriousness of the case, the maximum fine is 250,000 yuan).
According to the current law enforcement practice, the State Administration of Market Supervision may also be punished for violating the Food Safety Law, that is, Article 34, paragraph 13 prohibits the sale of "other foods that do not meet the legal requirements ...", and according to Article 124, paragraph 2, of the Food Safety Law of People's Republic of China (PRC), "... dealing in foods that do not meet the legal requirements shall be punished in accordance with the provisions of the preceding paragraph". Illegal production and operation of food ... if the value of the food is less than 10,000 yuan, a fine of 50,000 yuan to 100,000 yuan shall be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed ... "。
Fortunately, there are exemption clauses for operators in both laws, that is, if you inspect the goods you bought and ask the merchants for tickets and certificates to prove that you don't know that this is a fake (that is, you have a purchase invoice and you have a copy of the supplier's business license, food production or business license), then nothing will happen, and the State Administration of Markets will only take away the fake goods, and at most order you to make rectification without a fine. But if it is confirmed that you know it is fake wine, it depends on whether it can be handled through negotiation. If you fail, you will be fined. Those less than 250,000 or more than 50,000 who are dissatisfied with100,000 shall be punished.
No matter what the result is this time, if you plan to continue business, you'd better make a good record of incoming inspection of incoming food in the future (truthfully record the name, specification, quantity, production date or batch number, shelf life, purchase date, supplier name, address, contact information and other contents of the food, and save relevant vouchers).