According to the relevant provisions of the Drug Administration Law:
Article 74 Whoever produces or sells inferior drugs shall have his illegally produced and sold drugs and illegal income confiscated, and shall be fined at least one time but not more than three times the value of the illegally produced and sold drugs; If the circumstances are serious, it shall be ordered to stop production, suspend business for rectification or revoke the drug approval certificate, and revoke the Pharmaceutical Production License, Pharmaceutical Trading License or Pharmaceutical Preparation License of Medical Institutions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 75 If the circumstances of an enterprise or other unit that produces or sells counterfeit or inferior drugs are serious, the person in charge directly responsible and other directly responsible personnel shall not engage in drug production and sales activities within ten years. The raw and auxiliary materials, packaging materials and production equipment specially used by producers to produce counterfeit and inferior drugs shall be confiscated.
Article 76 Whoever knowingly or should have known that it belongs to counterfeit and inferior drugs and provided them with convenient conditions such as transportation, storage and storage, shall confiscate all the income from transportation, storage and storage, and impose a fine of not less than 50% but not more than three times the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law.
But at the same time, Article 48 also stipulates six situations in which counterfeit drugs are punished, including those prohibited by the drug supervision and administration department of the State Council; It is produced or imported without approval in accordance with the Drug Administration Law or sold without inspection in accordance with this Law; Deteriorated; Be polluted; Using raw materials that must obtain the approval number according to the provisions of the Drug Administration Law, but have not obtained the approval number; Indications or functional indications are beyond the prescribed scope.
Extended data
In 20 14, the case of selling counterfeit drugs in Lu Yong caused a sensation. Lu Yong was called "the first person to buy anti-cancer drugs" because he shared the channel of buying imitation Gleevec Indian anti-cancer drugs with more than a thousand netizens, and was prosecuted by the procuratorate for selling counterfeit drugs. Gleevec generics are not ineffective drugs. On the contrary, their efficacy is basically the same as that of the original medicine. However, Lu Yong did not obtain the registration certificate of imported drugs, and his behavior was suspected of selling counterfeit drugs. Later, the court found that Lu Yong bought drugs only to help his friends and didn't make a profit from it, which didn't constitute the crime of selling fake drugs, and he was finally exempted from criminal punishment.
The so-called counterfeit drugs refer to drugs and non-drugs that belong to counterfeit drugs according to the provisions of the Drug Administration Law. Article 48 of China's Drug Administration Law stipulates that drugs "produced or imported without approval according to this law" shall be treated as counterfeit drugs.
Zhang said that according to the regulations, "Haitao Drugs" may involve different illegal acts due to different specific production entities, purchase channels, sales personnel, purchase methods and drug classification.
For example, the actual manufacturers of some so-called "Haitao drugs" are "black workshops" without drug production licenses and have not obtained drug approval numbers. Some are health foods posing as drugs, and some "Haitao drugs" may have quality changes in the process of transportation, storage and warehousing, involving violations of administrative regulations such as drug administrative licensing and drug quality monitoring, resulting in confiscation of illegal income, fines and other administrative penalties. If the circumstances are serious, they are suspected of producing and selling counterfeit drugs, inferior drugs and other criminal crimes, and they need to bear criminal responsibility.
References:
China News Network-A woman who bought drugs overseas was sentenced for selling fakes.