According to the Criminal Code of People's Republic of China (PRC):
Article 144? Whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food that is knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount;
Whoever causes serious food poisoning accidents or other serious food-borne diseases and causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50% but not more than two times the sales amount;
Whoever causes death or especially serious harm to human health shall be punished in accordance with the provisions of Article 141 of this Law.
Article 14 1? Whoever produces or sells counterfeit drugs, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than 200% of the sales amount;
Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount;
Whoever causes death or especially serious harm to human health shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined not less than 50% but not more than 2 times the sales amount or confiscated property.
Extended data
Case:
Luo and Lu opened four online stores, selling bitter gourd fat-clearing series, classic slimming health care products and Shennong Fenggucao health care products containing phenolphthalein, diclofenac sodium and other toxic and harmful substances prohibited in food by the state. The sales volume reached more than 6,000 copies, and the sales amount was about 6.5438+0.5 million yuan. Buyers are all over Beijing, Tianjin and other provinces and cities.
After trial, the court held that although Luo and Lu had accepted criminal punishment, their criminal responsibility did not affect the court's determination that the infringer should bear civil liability for infringement according to law. For the acts of Luo and Lu that infringe on consumers' rights and interests and have great risks of harming the public interests, measures should be taken in time to stop the infringement, eliminate the danger and prevent future infringement, so as to meet the greatest protection of the public interests.
Fengtai District People's Court ruled that Luo was guilty of selling toxic and harmful food, sentenced to three years in prison and fined 300,000 yuan; Land offenders who sell toxic and harmful food were sentenced to two years' imprisonment, suspended for two years, and fined RMB 10,000. During the probation period, they were prohibited from engaging in food production, sales and related activities.
China Court Network-People's Republic of China (PRC) Criminal Law
People's Daily Online-Shopkeepers selling toxic and harmful health products were sentenced to apologize to the society.