Illegal purchases of medicines and purchases of Angong Bezoar pharmacies lost 110,000

A pharmacy bought 131 boxes of Angong Niuhuang Pills (valued at RMB 16,240, an average of RMB 124 per box) from an individual, and suffered a direct loss of RMB 116,240 and an average of RMB 887 for a box due to suspected violations

Illegal purchase of Angong Niuhuang pills, pharmacy fined 100,000

Recently, the Guangdong Meizhou Municipal Drug Administration announced a case of “Illegal Drug Purchases in Pharmacies” involving the well-known drug Angong Niuhuang Wan.

According to the case information, on February 1, 2021, the law enforcement officers of the Meizhou Municipal Market Bureau supervised and inspected the purchase and sale of drugs at the Yiyuantang Pharmacy in Xinpu Town, Jiaoling County.

The client of the pharmacy explained that the above-mentioned Angong Niuhuang Pills were all obtained from individuals who were not qualified to deal with medicines

According to the provisions of the New Drug Administration Law, if a drug trading company does not purchase drugs from a company with business qualifications, it shall be ordered to make corrections, the illegally purchased drugs and illegal income shall be confiscated, and the value of the illegally purchased drugs shall be more than two times and less than ten times the value Fine; if the value of the goods is less than 50,000 yuan, it will be calculated as 50,000 yuan

If the circumstances are serious, a fine of ten to thirty times the value of the goods shall be imposed, and the drug business license shall be revoked

In April 2021, in accordance with the above regulations, the regulatory authorities will impose the following penalties on pharmacies:

1.

2.

Avoid knockoffs, check regular manufacturers here

According to information on the official website of the State Drug Administration, there are 120 approved domestic pharmaceutical companies for Angong Niuhuang Pills.

How to judge whether the medicine is regular?

For pharmacies, it is very necessary to distinguish whether Angong Niuhuang Pills (other drugs) are produced by formal enterprises.

The operations are as follows: First, open the official website of the State Food and Drug Administration; second, pull down the web page and click the drug icon on the right; third, enter Angong Niuhuang Pill (other drugs) in the quick query menu and click the query button.

Two pharmacies fined 280,000 yuan for selling inferior drugs

What needs to be mentioned is that, in addition to the case of "Illegal Purchase of Drugs in Pharmacies", the Meizhou Municipal Market Supervision Bureau also announced two cases of "Sales of Substandard Drugs"

On January 26, 2021, Meizhou Meixian District Changmaotang Pharmaceutical Retail Co.

On April 16, 2021, according to the relevant inspection report, Ruifeng Pharmacy in Golden Triangle District of Meijiang District was judged to sell inferior drug "Aspirin Enteric Coated Tablets

It is worth noting that according to the definition of the New Drug Administration Law, the sale of expired drugs is the sale of inferior drugs, and the minimum fine for selling inferior drugs is 100,000

In addition, "drugstores selling inferior drugs" can be said to be frequent.

Unintentionally purchase or sell inferior drugs illegally, pharmacies can be exempted from heavy fines

It can be seen from the above that the penalties for pharmacies who illegally purchase drugs or sell inferior drugs must be quite heavy
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In this way, it can effectively deter illegal sales of inferior drugs in the pharmacy industry, but on the other hand, it also indirectly raises the operating costs of pharmacies
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In order to avoid the situation of “pharmacies unintentionally being punished for violation of the law”, the “Pharmacy Exemption” regulations recently introduced by many provinces have taken this into consideration
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On October 4, the Henan Provincial Food and Drug Administration issued the "List of Exemption from Penalties for Minor Violations in the Field of Drug Supervision in Henan Province" and mentioned that retail pharmacies had no subjective intentions, failed to register purchase and sales records in time, and recorded incomplete individual items and corrected them in time.
If it does not cause harmful consequences, it may be exempted from administrative punishment
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On October 27th, Hainan issued a document stating that if the pharmaceutical business enterprise did not violate the relevant regulations and had sufficient evidence to prove that it did not know that the drugs sold or used were counterfeit or inferior drugs, the counterfeit or inferior drugs sold or used by them would be confiscated.
And illegal income, and exempted from other administrative penalties
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On September 29, Shanghai issued an announcement stating that the sale of counterfeit and inferior drugs but there is sufficient evidence to prove that they do not know what they are selling are counterfeit or inferior drugs, and other administrative penalties can be exempted
.

What needs to be reminded is that there is an essential difference between "exemption from administrative punishment" and "exemption from administrative punishment".
The latter only shows the possibility of exemption from punishment, and whether or not punishment is subject to the discretion of the administrative agency
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