What is the administrative penalty for selling counterfeit drugs in Wenling?

1. What are the administrative penalties for selling counterfeit drugs in Wenling? Those who produce and sell counterfeit drugs shall have their illegally produced and sold drugs and their illegal income confiscated, and shall also be fined for more than two times and less than five times the value of the illegally produced and sold drugs; If there is a drug approval certificate, it shall be revoked and ordered to stop production and business for rectification; If the circumstances are serious, the Pharmaceutical Production License, Pharmaceutical Trading License or Pharmaceutical Preparation License of Medical Institution shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law. The administrative punishment shall be decided by the drug supervision and administration department at or above the county level in accordance with the division of responsibilities stipulated by the drug supervision and administration department of the State Council; Revocation of the Pharmaceutical Production License, Pharmaceutical Trading License, Pharmaceutical Preparation License of Medical Institution, Practice License of Medical Institution or Drug Approval Certificate shall be decided by the original issuing and approving department. 2. What is the sentencing standard for the crime of producing and selling counterfeit drugs? Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. According to the provisions of Article 150 of the Criminal Law, if a unit commits the crime of producing and selling counterfeit drugs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the statutory punishment for the crime of producing and selling counterfeit drugs. 3. What are the characteristics of the crime of producing and selling counterfeit drugs? 1. Object Infringement Object is a complex object, which infringes not only the national drug management system, but also the health right of unspecified majority. Drugs refer to substances used to prevent, treat and diagnose human diseases, purposefully regulate human physiological functions, and specify indications, usage and dosage. The state has formulated a series of drug management laws and regulations and established a complete management system to ensure drug quality, improve drug efficacy and ensure drug safety. The production and sale of counterfeit drugs constitutes an infringement on the national drug management system, and also harms the public health. 2. Objectively speaking, producers and sellers violate the national laws and regulations on drug management, producing and selling counterfeit drugs, which is enough to seriously endanger human health. 3. Subject: The criminal subjects are individuals and units, and they are producers and sellers of counterfeit drugs. Producers are manufacturers, and processors, collectors and sellers are paid providers of drugs. 4. Subjective aspects Subjective aspects are intentional and generally for profit. Of course, whether producers and sellers aim at making profits does not affect the establishment of this crime. The subjective intention of the actor is mainly manifested in deliberately making fake drugs, that is, recognizing the harm of fake drugs to human health and holding a hopeful or laissez-faire attitude; In the field of sales, you must have the psychological state of knowing that it is a fake drug and selling it without knowing that it is a fake drug does not constitute the crime of selling fake drugs. To sum up, the production and sale of counterfeit drugs may lead to serious consequences and pose a threat to drug safety management. In Wenling, the local authorities have intensified the investigation and punishment of such illegal and criminal acts, which does not constitute a crime. The Food and Drug Administration may impose fines on the enterprises involved, order them to suspend business for rectification, and even revoke their business licenses and permits in serious cases. These are specific measures of administrative punishment.