How does the Food and Drug Administration handle liquor suspected of counterfeiting trademarks?

According to the provisions of the Food Safety Law, the Trademark Law and the Regulations for the Implementation of the Trademark Law, if the suspected illegal act of counterfeiting brand liquor meets the relevant standards, it shall be handed over to the industrial and commercial department for handling; if the detection of counterfeit brand liquor does not meet the relevant standards, it shall be mainly handled by the food and drug supervision department.

Article 2 of the Trademark Law stipulates that "the Trademark Office of the State Council Administration for Industry and Commerce is in charge of the national trademark registration and management." Therefore, the management of trademarks is the responsibility of the industrial and commercial departments.

Paragraph 2 of Article 5 of the Food Safety Law stipulates that "the food and drug supervision and administration department of the State Council shall supervise and manage food production and business activities in accordance with the responsibilities stipulated in this Law and the State Council." It can be seen that the food supervision department is responsible for food.

The punishment basis of the Trademark Law is as follows:

Article 60 of the Trademark Law stipulates that "if the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to stop the infringement immediately, and it shall not

Seize and destroy infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed. There is no illegal business amount or illegal business amount.

If the camp amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. Selling without knowing it is an infringement of the exclusive right to use a registered trademark.

The administrative department for industry and commerce shall order the sale of commodities that can prove that they are legally obtained and explain the suppliers. "

The punishment basis of the Food Safety Law is as follows:

Article 124 of the Food Safety Law stipulates that "in case of violation of the provisions of this Law, any of the following circumstances does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the illegally produced and operated food and food additives.

Agent, and may confiscate the tools, equipment, raw materials and other items used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; Value of goods

If the amount is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times the value of the goods shall be imposed; If the circumstances are serious, the license shall be revoked:

(a) the production and operation of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants and other substances, foods and food additives harmful to human health ".