Notice on the announcement of ten typical cases of administrative penalty in 2020
衢 City Supervision Law  No. 1
Counties (cities, districts) market supervision bureaus, municipal bureau units:
In 2020, in the administration according to the law, it is necessary to withstand self-examination, withstand the challenge of others, withstand the review and review, and withstand the test of litigation. Under the requirement of”affordable”, there were no administrative reconsiderations and no cases of administrative loss in the city system. The city’s administrative law enforcement revolves around the requirements of “grasping with two hands, hard with two hands, winning two wars, and two leading”, focusing on epidemic prevention and control and the “Liangjian 2020” series of law enforcement actions, intensifying the investigation and handling of various illegal acts, and achieving strict regulations, Fair and civilized law enforcement and ensuring administration according to law provide a strong legal guarantee for our city to create a legalized business environment. In order to summarize and promote typical cases, the Municipal Bureau selected 10 typical cases involving food and drug safety, special equipment, trademark infringement, wildlife protection, etc. from the general procedural administrative punishment cases completed in 2020 for law enforcement officers at all levels Learn from:
Case 1:A company uses expired food ingredients to produce food span>
[Introduction] In May 2020, the parties used mixed sugar grapefruit peel and pulp, Roselle to produce grapefruit tea, Roselle tea and other products, which were in production. In the process, it failed to truthfully record the variety, quantity, production date, shelf life and other information of food raw materials, and failed to provide accurate purchase inspection records. His behavior violated Article 34, Paragraph 3 and Article 50, Paragraph 2 of the”Food Safety Law of the People’s Republic of China”. The Changshan County Market Bureau issued an order to suspend production and business after reporting to the Municipal Bureau for review; confiscated expired raw materials; fined RMB An administrative penalty of 730,000 yuan.
[Reasons for selection] This case is the first application of Article 81 of the Regulations since the implementation of the new Food Safety Law Implementation Regulations case. The case was investigated and handled by Changshan County Bureau, with a fine of more than 300,000 yuan. After review by the Municipal Bureau, the Changshan County Bureau made a penalty decision, which complies with the State Administration’s”Regulations on the Implementation of the Food Safety Law” Article 81 on the application of opinions on relevant matters”(Shijianjifa  No. 2), which has played a good exemplary role in handling similar cases in the future.
Case 2:Case of using inferior drugs in a hospital< /strong>
[Introduction] On December 12, 2019, law enforcement officers supervised and inspected the parties. In the injection cabinet on the east side of the pharmacy, 13 bottles of Europe? Cefoxitin Sodium for Injection is stored on the same shelf as other drugs that are still within the validity period until they are used. The above-mentioned actions of the parties violated the provisions of Article 98, paragraph 1 and paragraph 3 (5) of the”Pharmaceutical Administration Law of the People’s Republic of China”, and are illegal acts of using inferior drugs. In accordance with the provisions of Article 119 and Paragraph 1 of Article 117 of the”Drug Administration Law of the People’s Republic of China”, an administrative penalty of 120,000 yuan was imposed on the party concerned.
[Reasons for selection] The newly revised”Pharmaceutical Administration Law of the People’s Republic of China” was implemented on December 1, 2019, less than two weeks after the case was investigated . The drug used by the parties expired only 6 days, and the fine was 337.35 yuan in accordance with the original law, and the minimum fine was 100,000 yuan in accordance with the new law. This case became the”first case” since the implementation of the newly revised”Drug Administration Law”, which embodies the spirit of”the most severe punishment” of the new”Drug Administration Law”, and at the same time has played a great warning and deterrent effect on illegal drug dealers and users. .
Case 4:The case of the parties selling non-national key protected wild animals without a legal source certificate
[Introduction to the case] In April 2019, the party concerned did not ask for a legal source certificate from the seller and purchased 1 wild boar (dead), a wild animal that is not under national key protection. One muntjac (dead body) will be sold. The behavior of the parties violated the provisions of the 27th paragraph of the”Law of the People’s Republic of China on the Protection of Wild Animals” and constituted an illegal act of selling non-national key protected wild animals without a legal source certificate. In accordance with the second paragraph of Article 48 of the law, the case-handling unit imposed an administrative penalty of confiscation of the wild boar and yellow deer illegally sold; a fine of 7,700 yuan.
[Reasons for selection] This case is the first case in the field of wildlife sales by the handling unit, and the case was also evaluated by the National Bureau as the 2020 epidemic prevention and control period Typical Case. Although the facts of this case are simple and the fines are not high, law enforcement officers can still treat them carefully and correctly apply the provisions of the”Measures for Value Evaluation of Wild Animals and Their Products” and the”Catalogue of Standard Value Standards for Terrestrial Wild Animals” to deal with wildlife in the future. The calculation of the value of the case has clear guiding significance.
The detailed information of the announced case can be inquired in the”Zhejiang Market Supervision Case System”.
Quzhou City Market Supervision Administration
February 19, 2021