1. According to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, the following laws and regulations are formulated:
1. Article 55 Where a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
2. Article 56 In case of any of the following circumstances, in addition to corresponding civil liabilities, other relevant laws and regulations have provisions on the punishment organ and punishment method, which shall be implemented in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income, and impose a fine of more than 1 times the illegal income 10 times the illegal income. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(a) the goods or services provided do not meet the requirements for the protection of personal and property safety;
(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of others, tampering with the date of production, forging or fraudulently using quality marks such as certification marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(6) making false or misleading propaganda about goods or services;
(seven) refusing or delaying the relevant administrative departments to order the sale of defective goods or services to stop, warn, recall, harmless treatment, destruction, stop production or services and other measures;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(9) Infringe on consumers' personal dignity, personal freedom or consumers' personal information rights that should be protected according to law;
(ten) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
In case of any of the circumstances specified in the preceding paragraph, the operator shall be punished in accordance with the provisions of laws and regulations, and the punishment organ shall record it in the credit file and announce it to the public.
Article 57 Where a business operator provides goods or services in violation of the provisions of this Law and infringes on the legitimate rights and interests of consumers, which constitutes a crime, he shall be investigated for criminal responsibility according to law.
Two. According to the following provisions of the Criminal Law of People's Republic of China (PRC):
1. Article 140 Any producer or seller who adulterates or adulterates products, passes off fake products as genuine products, and passes off unqualified products as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or shall only be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
2. Article 149 The production and sale of the products listed in Articles 141 to 148 of this section does not constitute a crime as stipulated in these articles, but if the sales amount is more than 50,000 yuan, it shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Whoever produces or sells the products listed in Articles 141 to 148 of this section not only constitutes a crime as stipulated in each article, but also constitutes a crime as stipulated in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
3. Article 3 If a unit of One Happy and Fifth commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the provisions of these Articles.
Three. According to the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests:
Fifty-sixth operators in any of the following circumstances, in addition to bear the corresponding civil liability, other relevant laws and regulations have provisions on punishment organs and punishment methods, in accordance with the provisions of laws and regulations; Where there are no provisions in laws and regulations, the administrative department for industry and commerce or other relevant administrative departments shall order it to make corrections, and may give a single warning according to the circumstances, confiscate the illegal income, and impose a fine of more than 1 times the illegal income 10 times the illegal income. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification and revoke its business license:
(a) the goods or services provided do not meet the requirements for the protection of personal and property safety;
(two) doping, adulteration, fake genuine, shoddy, or substandard goods as qualified goods;
(three) the production of goods explicitly eliminated by the state or the sale of expired or deteriorated goods;
(4) Forging the place of origin of goods, forging or fraudulently using the name and address of others, tampering with the date of production, forging or fraudulently using quality marks such as certification marks;
(five) the goods sold should be inspected and quarantined without inspection and quarantine, or the inspection and quarantine results are forged;
(6) making false or misleading propaganda about goods or services;
(seven) refusing or delaying the relevant administrative departments to order the sale of defective goods or services to stop, warn, recall, harmless treatment, destruction, stop production or services and other measures;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(9) Infringe on consumers' personal dignity, personal freedom or consumers' personal information rights that should be protected according to law;
(ten) other circumstances stipulated by laws and regulations that damage the rights and interests of consumers should be punished.
Extended data
In order to ensure the people's "safety on the tip of the tongue", since last year, Kunming Municipal Market Supervision Administration has implemented the "four strictest" and concentrated on rectifying fake and shoddy food, and the city's food safety inspection and law enforcement work has achieved remarkable results.
It is reported that since 20 18, the market supervision department of Yunnan Province has fully implemented the "four strictest" and severely cracked down on illegal acts endangering food safety with a "zero tolerance" attitude. Last year, 356 cases were cracked, 8 "black workshops" and "black dens" were destroyed, and 8 146 food cases were investigated.
In the first half of 20 19, Kunming concentrated on investigating 450 cases of food violations, and the comprehensive qualified rate of edible agricultural products increased to 99.54%, and the qualified rate of food sampling increased to 97.7%.
According to reports, on 20 18, Kunming Municipal Market Supervision Administration focused on inspecting food production enterprises engaged in rice, flour, oil, dairy products, beverages and so on;
20 18 before the Mid-Autumn Festival, strengthen the inspection of moon cake production enterprises in the city; Before the Spring Festival of 20 19, we will focus on the inspection of liquor production enterprises and liquor workshops that have obtained food production licenses in Dongchuan, Xundian, Songming, Shilin and Yiliang counties (districts); In the first half of this year, focusing on the production and operation of "spicy strips" reported by CCTV's "3 15" party,
The Municipal Market Supervision and Administration Bureau quickly issued a notice requesting the whole city to strengthen supervision and inspection in the field of "spicy strips" production.
"Through understanding and learning, we have increased our common sense of distinguishing fake and shoddy products." At the theme day of Yunnan Province and Kunming Municipal Market Supervision Bureau held recently, many citizens learned about food safety knowledge through the activities.
At the scene, the Municipal Market Supervision Administration concentrated on interpreting the Food Safety Law and other laws and regulations, and showed the achievements in cracking down on food safety violations in recent years through graphic materials and physical objects.
Article 26 of the Food Safety Law of People's Republic of China (PRC) clearly stipulates the amount of microorganisms, pesticide residues, veterinary drug residues and food additives in food, and clearly expresses the current food safety standards. According to the staff, generally speaking, fake and shoddy products use a small amount of cost to seek more illegal profits. In addition to food quality problems, excessive use of additives is also a common illegal act.
Implementing the "four strictest", Kunming will carry out the rectification of fake and shoddy food, and at the same time strictly punish related illegal acts. For example, from 2065438 to March 2008, an eco-food company overused food additives. After investigation, he was fined 55,243 yuan for producing foods that used food additives beyond the standard and did not meet food safety standards.
China Municipal Government Legal Information Network-People's Republic of China (PRC) Consumer Rights Protection Law
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law
China Municipal Government Legal Information Network-People's Republic of China (PRC) Consumer Rights Protection Law
People's Network-Kunming vigorously rectifies fake and shoddy food? Last year, 8 146 food cases were investigated.