chapter I general provisions article 1 in order to punish the illegal acts of producing and selling fake and inferior commodities, protect the legitimate rights and interests of users, consumers and producers and operators, and maintain the order of the market economy, these regulations are formulated in accordance with relevant laws and the regulations of Guangdong province on investigating and handling illegal acts of producing and selling fake and inferior commodities, combined with the actual situation of Shantou city. Article 2 These Regulations shall apply to the activities of punishing the illegal acts of producing and selling fake and inferior commodities and providing services for producing and selling fake and inferior commodities within the administrative area of Shantou City. Article 3 The administrative departments for quality and technical supervision and the administrative departments for industry and commerce at or above the county level shall organize the implementation of these Regulations. The administrative department of quality and technical supervision is responsible for organizing the investigation and punishment of illegal acts of commodity quality in the field of production and circulation; The administrative department for industry and commerce is responsible for organizing the investigation and punishment of illegal acts such as distribution of adulterated and counterfeit goods found in market management and trademark management. Where laws and regulations have other provisions on the scope of their functions and powers, such provisions shall prevail.

Public security, health, drug supervision, culture, publishing, tobacco, entry-exit inspection and quarantine and other relevant administrative departments and units shall be responsible for investigating and handling illegal acts of producing and selling fake and inferior commodities within the scope of their functions and powers as prescribed by laws and regulations.

all relevant administrative departments should perform their respective duties, cooperate with each other and cooperate closely in investigating and handling the production and sale of fake and inferior commodities.

if both parties have the right to investigate and deal with the same illegal act, the administrative department that filed the case first will investigate and deal with it; The same illegal act shall not be punished repeatedly. Article 4 People's governments at all levels shall strengthen organization and leadership, establish a responsibility system for work, and urge all functional departments to punish illegal acts of producing and selling fake and inferior commodities according to law.

Street offices and neighborhood (village) committees shall cooperate with relevant administrative departments to carry out the work of punishing illegal acts of producing and selling fake and inferior commodities. Fifth users, consumers, social organizations, trade associations and other social organizations and news organizations that protect consumers' rights and interests have the right to conduct social supervision over producers, sellers and related parties of fake and inferior commodities. Article 6 Units and individuals are encouraged to report illegal acts of producing and selling fake and inferior commodities and providing services for them.

for those who report meritorious deeds, the relevant administrative departments shall give a reward of less than 11% of the amount confiscated, and keep it confidential.

anyone who divulges secrets in violation of the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. Chapter II Scope of Punishment Article 7 It is forbidden to produce and sell fake and inferior commodities; Prohibit the production and sale of goods that do not meet the requirements of commodity identification; It is forbidden to provide services for the production and sale of fake and inferior commodities. Article 8 under any of the following circumstances, it is a fake and inferior commodity:

(1) it does not meet the national standards, industrial standards and local standards related to the protection of human health and personal or property safety, and other standards that do not meet the implementation standards;

(2) it has been explicitly eliminated by the state;

(3) expired, invalid, deteriorated, or forged or tampered with the production date and shelf life;

(4) doping, adulterating, passing off the fake as the real, passing off the inferior as the good, and passing off the unqualified goods as qualified goods;

(5) counterfeiting a registered trademark;

(6) forging or fraudulently using the place of origin, factory name and address of goods;

(7) forging or fraudulently using quality marks such as certification marks, inspection-free marks and international standard adoption marks;

(8) goods that must have a production license according to laws and regulations, but are produced without a license, with an invalid license or with a counterfeit license number;

(9) forging or fraudulently using patent marks and patent numbers;

(11) pirated copies. Article 9. In any of the following circumstances, it is a commodity that does not meet the requirements of commodity identification:

(1) There is no commodity quality inspection certificate;

(2) The commodity name, factory name and address are not indicated in Chinese;

(3) The goods for limited use are not marked with production date, safe use period or expiration date;

(4) according to the characteristics and requirements of the use of goods, it is necessary to indicate the specifications, grades, names and contents of the main components contained in the goods, but it is not indicated accordingly;

(5) No execution standard number is indicated;

(6) It may endanger personal and property safety, or improper use may easily cause damage to the commodity itself, and it is not marked with warning signs or warning instructions in Chinese;

(7) The production license number should be marked according to laws and regulations, but it is not;

(8) Dangerous goods such as fragile, inflammable, explosive, toxic, corrosive and radioactive, and commodities that cannot be inverted during storage and transportation and have other special requirements are not marked with warning signs or warning instructions in Chinese;

(9) other items that should be marked according to laws and regulations but not marked. Article 11. Under any of the following circumstances, services are provided for the production and sale of fake and inferior commodities:

(1) Providing venues, equipment and warehouses

for storage, custody, forwarding services and transportation services for fake and inferior commodities;

(2) renting, lending or selling business licenses and production licenses for the production and sale of fake and inferior commodities;

(3) providing advertising agency, design, production, release and publicity for the production and sale of fake and inferior commodities;

(4) issuing invoices, certificates, signing contracts and providing account numbers for the production and sale of fake and inferior commodities;

(5) printing, making, providing counterfeit marks or packaging articles for the production and sale of fake and inferior commodities;

(6) concealing, transferring or destroying the sealed-up and detained fake and inferior commodities for those who produce and sell fake and inferior commodities;

(7) providing perjury for those who produce and sell fake and inferior commodities or helping them escape;

(8) teaching the techniques and methods of producing and selling fake and inferior commodities.