Punishment for operating health food without a license, and how to punish without a health care prod

1.Article 84 of the Food Safety Law: Anyone who violates the provisions of this Law by engaging in food production and business activities without permission, or producing food additives without permission, shall be confiscated by the relevant competent departments in accordance with their respective duties and division of labor, and confiscate the illegal income, illegal production and operation of food, food additives, tools, equipment, raw materials and other items used for illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 2,000 and 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed.

2.Paragraph 1 of Article 51 of the Food Safety Law: The state shall strictly supervise food that claims to have specific health functions. The relevant oversight and management departments shall perform their duties in accordance with law and bear responsibility. The specific management measures shall be stipulated by ***.

Penalty Type 1Penalty.

Discretionary standards The discretionary power of administrative punishment for drug supervision in Sichuan Province applies.

Rules Counterparty Rights Protection Channels Dissatisfaction with the conduct made by the implementing entity:

1.Submit an application for administrative reconsideration to the people of Neijiang City** or the Sichuan Provincial Food and Drug Administration within 60 days in accordance with the law, or file an administrative lawsuit with the People's Court of the Central District of Neijiang City within 3 months (the legal procedure before reconsideration).

2.In accordance with the regulations on letters and visits, letters and visits are carried out in accordance with the law.

3.In accordance with the "Sichuan Provincial Administrative Law Enforcement Supervision Regulations", complain to the Neijiang Municipal People's ** Legislative Affairs Office or the Neijiang Food and Drug Administration.

What are the penalties for selling health supplements without permission?

Illegal sales of health supplements may involve the crime of illegal business operation.

In accordance with article 225 of the Criminal Code"Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

Where a natural person commits this crime, he is to be sentenced to up to five years imprisonment or short-term detention and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.

Legal analysis: if the value of the health food illegally produced and operated is not as high as 10,000 yuan, a fine of between 2,000 yuan and 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed. In addition, their illegal gains, health food illegally produced and traded, and tools, equipment, and raw materials used in illegal production and operation may also be confiscated in accordance with the law.

Legal basis: Article 84 of the Food Safety Law of the People's Republic of China Food Inspection Institutions can only engage in food inspection activities after obtaining qualification certification in accordance with the relevant national certification and accreditation regulations. However, unless otherwise provided by law.

The qualification conditions and inspection specifications of food inspection institutions shall be prescribed by the food safety supervision and management department. The inspection report issued by the food inspection agency that meets the provisions of this Law shall have the same effect. People at or above the county level shall integrate food inspection resources and realize resource sharing.

If the value of the health food illegally produced or traded is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed. In addition, they may also confiscate their illegal gains, health food illegally produced and traded, and tools, equipment, and raw materials used in illegal production and operation in accordance with the law.

Legal analysis: operating health care products without a license is an illegal act, and the administrative department for industry and commerce may confiscate the illegal gains of the perpetrator and fine the perpetrator, and if the perpetrator constitutes a crime, the perpetrator also needs to bear criminal responsibility. If the value of the health food illegally produced or traded is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed.

In addition to such belts, they may also confiscate their illegal gains, health food illegally produced and traded, and tools, equipment, and raw materials used in illegal production and operation in accordance with the law.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China? Whoever violates state regulations by engaging in any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission; 2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; 3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; 4) Other illegal business activities that seriously disrupt market order.

In addition to confiscating their illegal gains, health food illegally produced and traded, and tools, equipment, and raw materials used in illegal production and operation, a fine shall also be imposed in accordance with the law. If the value of the health food illegally produced or traded is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed.

Article 23 of the Food Safety Law, the people's food and drug supervision and administration departments and other relevant departments at or above the county level, the expert committee on food safety risk assessment and its technical institutions shall, in accordance with the principles of science, objectivity, timeliness and openness, organize food producers and operators, food calendar surplus inspection agencies, certification bodies, food industry associations, consumer associations and news to communicate on food safety risk assessment information and food safety supervision and management information.

Punishment for operating drugs without a license: The operation of drugs without a license may involve multiple competing punishments of criminal nature, so it will be punished according to the crime of illegal operation, the crime of producing and selling counterfeit drugs, and the crime of producing and selling counterfeit and shoddy products.

Article 47 of the Measures for the Supervision and Administration of Inspection and Quarantine of Imported and Exported Dairy Products; If the imported dairy products do not meet the national food safety standards after inspection and quarantine, and are sold or used without authorization, the inspection and quarantine agency shall confiscate the dairy products obtained from illegal acts and illegal production and operation, and the tools, equipment, raw materials and other items used for illegal production and operation in accordance with the provisions of Articles 85 and 89 of the Food Safety Law; If the value of dairy products illegally produced and operated is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 50,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed; and where the circumstances are serious, the license is revoked.