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It is more dangerous than selling expired drugs, and some pharmacies have been transferred to prosecution for review or sentenced for this.
A pharmacy was transferred for review and prosecution because of.
A pharmacy was transferred for review and prosecution because of.
According to reports, in June 2020, the Xiejiaji Branch of the Huainan Public Security Bureau filed and investigated the suspected sale of toxic and harmful health food in a pharmacy in Xiejiaji based on the clues transferred by the district market supervision bureau.
It is now found that the suspect Xu (a pharmacy owner) purchased a large number of health foods containing prohibited substances from the suspects Ren, Zhu and Li at prices far below the market, and then sold them at normal prices.
The criminal suspect Xu and others have been transferred for review and prosecution on suspicion of selling toxic and harmful food.
If it causes serious harm to human health or has other serious circumstances, it shall be sentenced to not less than five years but not more than 10 years of fixed-term imprisonment and a fine; if it causes death or other particularly serious circumstances, it shall be sentenced to not less than 10 years of fixed-term imprisonment, life imprisonment, or Death penalty and fines or confiscation of property.
The minimum fine is 100,000, and the relevant personnel shall bear joint and several liabilities
The minimum fine is 100,000, and the relevant personnel shall bear joint and several liabilitiesArticle 38 of the "Food Safety Law of the People's Republic of China" clarifies that no drugs may be added to the food produced and sold, but substances that are traditionally both food and Chinese medicinal materials may be added.
For the production and operation of drug-added foods, Article 123 of the "Food Safety Law of the People's Republic of China" stipulates that if such a situation exists and does not constitute a crime, the illegal income shall be confiscated by the food safety supervision and management department of the people's government at or above the county level And illegally produced and operated food, and tools, equipment, raw materials and other items used in illegally produced and operated products may also be confiscated.
If the value of illegally produced food is less than 10,000 yuan, a fine of more than 100,000 yuan and less than 150,000 yuan shall be imposed; if the value of the food is more than 10,000 yuan, a fine of 15 times to 30 times the value of the goods shall be imposed.
At the same time, if the circumstances are serious, the permit shall be revoked, and the person in charge and other persons directly responsible may be detained for not less than 5 days but not more than 15 days by the public security organ.
Where the food safety supervision and administration department of the people’s government at or above the county level shall order the stop of the illegal act, confiscation of the illegal income, and impose a penalty of more than 100,000 yuan and 20 A fine of less than 10,000 yuan; if the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with food producers and operators.
Sentenced to fixed-term imprisonment for illegally adding drugs
Sentenced to fixed-term imprisonment for illegally adding drugsCoincidentally, on March 12, the official website of China's anti-infringement and counterfeiting work website also exposed a similar case.
In June 2019, the Wuzhou City Market Supervision Bureau successively received reports that some herbal tea shops in the city claimed that the herbal tea they sold was effective in treating colds, and suspected that they had added western medicine ingredients.
The Wuzhou Municipal Market Supervision Bureau immediately organized law enforcement officers to spend 4 months to carry out pull-net visits and touch-ups to more than 100 herbal tea shops in the city.
The Food Safety Law clearly stipulates that the addition of drugs to food is prohibited.
In October 2020, 6 people involved in the case were sentenced to fixed-term imprisonment ranging from 10 months to 1 year and 2 months for the crime of producing and selling toxic and harmful food, and paid civil compensation ranging from 35,000 to 640,000 yuan, and they were in Wuzhou The media above the municipal level publicly apologized to the society.