Provisions on the procedures for administrative punishment of food and drugs

1. The food and drug supervision and administration department shall comply with these provisions in accordance with the provisions of the administrative punishment of units or individuals who violate the laws, regulations and rules on the administration of food, health food, drugs, cosmetics and medical devices. 2. The food balance and drug supervision and administration department shall implement administrative penalties, follow the principles of openness, fairness and justice, and ensure that the facts are clear, the evidence is conclusive, the procedures are legal, the application of laws, regulations and rules is accurate and appropriate, and the use of law enforcement documents is standardized. 3. Citizens, legal persons or other organizations have the right to make statements and defenses against the administrative penalties given by the food and drug supervision and administration departments; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

4. The food and drug supervision and administration department shall establish an administrative punishment supervision system.

Legal basis: Food Safety Law of the People's Republic of China

Article 2: Those who engage in the following activities within the territory of the People's Republic of China shall comply with this Law:

1) Food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food business);

2) production and operation of food additives;

3) The production and operation of packaging materials, containers, detergents, disinfectants and tools and equipment used for food production and operation (hereinafter referred to as food-related products);

4) The use of food additives and food-related products by food producers and traders;

5) Safety management of food, food additives and food-related products.

Legal analysis: 1. The food and drug supervision and administration department shall comply with these provisions in accordance with these provisions to impose administrative penalties on units or individuals that violate the laws, regulations and rules on the administration of food, health food, drugs, cosmetics and medical devices. 2. The administrative punishment of the permeable food and drug supervision and administration department shall follow the principles of openness, fairness and impartiality, so that the facts are clear, the evidence is conclusive, the procedures are legal, the application of laws, regulations and rules is accurate and appropriate, and the use of law enforcement documents is standardized.

3. Citizens, legal persons or other organizations shall have the right to make statements and defenses against the administrative penalties given by the food and drug supervision and administration departments; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. 4. The food and drug supervision and administration department shall establish an administrative punishment supervision system.

Legal basis: Food Safety Law of the People's Republic of China

Article 2: Those engaged in the following activities within the territory of the People's Republic of China shall comply with this Law:

1) Food production and processing (hereinafter referred to as food production), food distribution and catering services (hereinafter referred to as food business);

2) The production and operation of food additives;

3) The production and operation of packaging materials, containers, detergents, disinfectants and tools and equipment used for food production and operation (hereinafter referred to as food-related products);

4) The use of food additives and food-related products by food producers and traders;

5) Safety management of food, food additives and food-related products.

The provisions on the administrative penalty procedures for food and drugs were deliberated and approved by the State Food and Drug Administration at the executive meeting on March 14, 2014, and promulgated by Order No. 3 of the State Food and Drug Administration on April 28, 2014. The Provisions are divided into 8 chapters and 61 articles of General Provisions, Jurisdiction, Case Filing, Investigation and Collection of Evidence, Punishment Decisions, Service, Enforcement and Case Closure, and Supplementary Provisions, and shall come into force on June 1, 2014.

1. Does the business license need to be reviewed annually? How often it should be reviewed.

The business license does not need to be reviewed annually, and according to the reform plan of the registered capital registration system, the annual report publicity system of the enterprise officially replaces the annual inspection system of the enterprise. On February 19, 2014, the State Administration for Industry and Commerce issued a notice to officially stop the annual inspection system for enterprises from March 1, that is, the annual inspection system for enterprises will no longer be implemented.

2. How to determine interest on delayed performance of debts.

Determination of interest on deferred performance of debts Before August 1 of the year in which the deferred performance interest is determined, the deferred performance interest shall be paid at twice the amount of the debt determined by the court (including the basic interest determined by the judgment After August 1 of the year, it is divided into two parts: the interest on the judgment shall be calculated according to the interest rate determined by the judgment; Interest for the period of delay in performance shall be calculated at the rate of 1.75/10,000 per day.

3. Article 14 is upheld by the judicial interpretation of the enforcement objection lawsuit.

The Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts were adopted at the 1638th meeting of the Adjudication Committee of the Supreme People's Court on December 29, 2014, and promulgated by the Supreme People's Court on May 5, 2015. The "Provisions" have a total of 32 articles and will come into force on May 5, 2015. These Provisions are drafted on the basis of the Civil Procedure Law and other legal provisions, and in consideration of the actual conditions of the people's courts' enforcement work, so as to standardize the people's courts' handling of enforcement objections and reconsideration cases, and to preserve the lawful rights and interests of parties, interested parties, and persons not involved in the case.

Article 1 of the Provisions on Procedures for Administrative Punishment of Food and Drugs, in order to standardize the exercise of administrative punishment power by the food and drug supervision and administration department and protect the legitimate rights and interests of citizens, legal persons and other organizations, these provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law), the Administrative Compulsory Law of the People's Republic of China (hereinafter referred to as the Administrative Compulsory Law), the Food Safety Law of the People's Republic of China, the Drug Administration Law of the People's Republic of China and other relevant laws and regulations.

Legal analysis: administrative penalties such as ordering the suspension of production and business, revoking licenses, revoking approval documents, imposing a large fine, and confiscating a large amount of property.

Legal basis: Provisions on Administrative Punishment Procedures for Food and Drugs

Article 37 The food and drug supervision and administration department shall inform the parties of their right to request a hearing before making a decision on administrative punishment such as ordering the suspension of production and business, revoking the license, revoking the approval certificate, imposing a relatively large fine, confiscating a large amount of property, etc. Where parties request a hearing, a hearing shall be organized in accordance with legally-prescribed procedures. The standards for larger fines shall be implemented in accordance with the provisions of local regulations, local ** rules and other relevant normative documents.

Article 38 The administrative penalty decision to be made shall be submitted to the person in charge of the food and drug supervision and administration department for review. The person in charge of the food and drug supervision and administration department shall make the following decisions according to different circumstances: (1) if there is indeed an illegal act that should be subject to administrative punishment, an administrative punishment decision shall be made according to the severity of the circumstances and the specific circumstances; (2) Where the illegal conduct is minor and administrative punishment may not be given in accordance with law, administrative punishment is not to be given; (3) Where the facts of the violation cannot be established, administrative punishments must not be given;

4) Where the illegal conduct already constitutes a crime, it is to be transferred to the public security organs.

Article 39 The heavier administrative punishment for complex circumstances or major violations shall be decided by the person in charge of the food and drug supervision and administration department through collective discussion. There shall be a written record of the process of discussing and making decisions in a collection of crude and disadvantageous bodies. The standards for major and complex cases shall be determined by the food and drug supervision and administration departments of all provinces, autonomous regions and municipalities directly under the Central Government on the basis of actual conditions.

Procedural provisions on food and drug administrative penalties: the administrative organ shall first discover the illegal act of food and drug or receive a report; Then decide whether to file and accept the case within a certain period of time; If it is decided to file a case, an investigation and evidence collection shall be conducted in accordance with law; Finally, an administrative punishment decision is made and implemented.

1. The consequences of the company being sued by the company.

Bear or accept responsibility for enforcing specific administrative punishment decisions made by administrative organs. Where the plaintiff does not appeal within the prescribed time limit for appeal after losing, and refuses to enforce the specific administrative punishment imposed by the administrative organ, the organ that made the administrative punishment decision may apply to the penalized person to enforce Huaiheng. Administrative enforcement is set by law.

Where the law does not provide for compulsory enforcement by an administrative organ, the administrative organ that made the administrative decision shall apply to the people's court for compulsory enforcement.

2. How long does it take for the administrative punishment letter to become invalid.

The administrative punishment issued by the administrative organ against the offender will generally not become invalid, and the offender shall perform the righteous work within the time limit specified in the punishment decision, otherwise it may be compulsorily enforced. According to the provisions of China's "Administrative Punishment Law", if a party fails to perform an administrative penalty decision within the time limit, the administrative organ that made the administrative penalty decision may impose an additional fine of 3% of the amount of the fine per day.

3. What is the labor arbitration procedure?

The labor arbitration procedure is first submitted by the employer for arbitration; The arbitration institution will then decide whether to accept the case; If it is decided to accept it, the trial will be conducted again, and the parties and their persons will conduct cross-examination and debate; Finally, the arbitral tribunal shall conduct mediation or make a corresponding award in accordance with the law of the canon. If it is not accepted, the decision of inadmissibility shall be served on the applicant in a timely manner.

Article 54 of the Administrative Punishment Law of the People's Republic of China.

In addition to the administrative punishments provided for in article 51 of this Law that may be given on the spot, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.

Where the standards for filing a case are met, the administrative organs shall promptly file the case.

Article 57.

At the conclusion of the investigation, the responsible person for the administrative organ shall conduct a review of the results of the investigation, and make the following decisions based on different circumstances:

1) Where there is truly illegal conduct that should be subject to administrative punishment, an administrative punishment decision is to be made on the basis of the severity of the circumstances and the specific circumstances;

4) Where the illegal conduct is suspected of being a crime, it shall be transferred to the judicial organs.

Article 61.

The administrative punishment decision shall be delivered to the parties at the scene after it is announced; Where the parties are not present, the administrative organs shall follow the relevant provisions of the "Civil Procedure Law of the People's Republic of China" to serve the administrative punishment decision on the parties within 7 days.

1. Where it is discovered that the illegal conduct meets the following requirements, a case shall be filed within 7 working days.

There is a clear suspect of violating the law;

There are objective facts of violation;

It is within the scope of administrative punishment for drug supervision and administration;

It is under the jurisdiction of this department.

2. What are the procedures for administrative punishment of food and drugs?

The administrative section of Zaoguan shall make an administrative punishment decision within three months from the date on which the case is filed. The inspection shall make a decision on the disposal of the items registered and stored in advance within 7 days. For sealed or seized items, a decision on whether or not to file a case shall be made within 7 days; If it is necessary to inspect (within 25 days), a decision on whether to file a case shall be made within 15 days from the date of issuance of the inspection report.

Where a case has already been filed, an "Administrative Disposition Notice" shall be filled out and sent to the party whose items have been sealed or seized, and the time limit for sealing or seizing items shall be extended to the date on which the administrative punishment decision or decision to withdraw the case is made. Within 3 days after receiving the prior notice of administrative punishment, the person concerned may go to the drug regulatory department to make a statement and defense. The "Administrative Punishment Decision Document" shall be delivered to the parties on the spot after it is announced, and the parties are to sign the "Receipt of Service".

Where the parties are not present, the "Administrative Punishment Decision" shall be sent to the parties within 7 days. The "Administrative Punishment Decision Document" is to be delivered by the undertaker to the unit or individual being punished for receipt, and the recipient is to indicate the date of receipt on the receipt of service and sign or affix a seal. The date of receipt is the date of delivery.

3. What are the provisions on the procedures for administrative punishment of food and drugs?

Article 1 In order to standardize the food and drug supervision and administration department's exercise of administrative punishment power and protect the legitimate rights and interests of citizens, legal persons and other organizations, these provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Drug Administration Law of the People's Republic of China and other relevant laws and regulations.

Article 2 The food and drug supervision and administration department shall comply with these provisions in accordance with the administrative penalties imposed on units or individuals who violate the laws, regulations and rules on the administration of food, health food, drugs, cosmetics and medical devices.

Article 3 The food and drug supervision and administration department shall follow the principles of openness, fairness and impartiality in the implementation of administrative punishment, so that the facts are clear, the evidence is conclusive, the procedures are legal, the application of laws, regulations and rules is accurate and appropriate, and the use of law enforcement documents is standardized.

Article 4 citizens, legal persons or other organizations have the right to make statements and defenses against the administrative penalties given by the food and drug supervision and administration departments; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.