Penalty for selling three no products

Legal analysis:

The punishment for selling three-no products is that the market supervision and management department can order it to stop selling, confiscate the illegally sold products and impose a fine of more than 50% and less than three times the value of the illegally sold products; If the circumstances are serious, the business license of the seller may also be revoked. According to the relevant laws and regulations, if a product defect causes damage to consumers, consumers can ask both the seller and the producer to bear the responsibility. In addition, the sale of "three noes" products is fraudulent, and consumers can ask the seller for three times compensation. China's product quality law stipulates that it is forbidden to forge or fraudulently use quality marks such as certification marks. It is forbidden to forge the origin of products, forge or falsely use the name and address of others; It is forbidden to adulterate and adulterate the products produced and sold, and to pass the fake off as the real one and pass the inferior one as the good one.

Legal basis:

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, 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 amount of additional 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.

Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice. Article 1202 of General Principles of Civil Law of People's Republic of China (PRC) * * * If the product is defective and causes damage to others, the producer shall bear the tort liability.

Article 1203 Where a defect in a product causes damage to others, the infringed party may claim compensation from the producer or seller of the product.

If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

People's Republic of China (PRC) product quality law

Article 49 Whoever produces or sells products that do not meet the national standards and industrial standards for protecting human health and personal and property safety shall be ordered to stop production and sales, the illegally produced and sold products shall be confiscated, and a fine of less than three times the value of the illegally produced and sold products (including sold and unsold products, the same below) shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 50 Whoever adulterates or adulterates a product, passes off the fake as the real one, and passes off the substandard product as the qualified product, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of more than 50% and less than three times the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 51 Whoever produces products that have been explicitly eliminated by the state or sells products that have been explicitly eliminated by the state and stopped selling shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of less than the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.

Article 54 Where the product identification does not conform to the provisions of Article 27 of this Law, it shall be ordered to make corrections; If the product logo with packaging does not conform to the provisions of Items (4) and (5) of Article 27 of this Law, if the circumstances are serious, it shall be ordered to stop production and sales, and a fine of less than 30% of the value of the illegally produced and sold products shall be imposed; Illegal income, if any, shall also be confiscated.

Derivative problem:

Is it legal to sell your own things?

The state has strict regulations on the listing and circulation of commodities. According to the relevant provisions of the law, there is generally no problem with self-made products. For some commonly used products, self-made products are three-no products, and it is illegal to sell three-no products. The products sold by sellers must comply with the Product Quality Law of People's Republic of China (PRC). According to the law, sellers are not allowed to sell products that have been eliminated or stopped by the state, and products that are ineffective or deteriorated. They are not allowed to be adulterated, and they are not allowed to pass off fake products as genuine ones or shoddy ones. They are not allowed to pass off unqualified products as qualified products. It is also illegal to fail to indicate the inspection certificate, manufacturer's name, production address, specifications, production date and other necessary conditions required by China's product quality law, and it belongs to three no products. Consumers can report it once they find it.