was fined more than 30,000 yuan for fake wine by the Food and Drug Administration, how much can be p

Article 9 of the Food Sanitation Law of the People's Republic of China prohibits the production and operation of the following foods:

7) Adulteration, adulteration, or falsification, affecting nutrition and hygiene;

The violator shall be based on the following health department: Article 42 Whoever violates the provisions of this Law by producing or trading food that prohibits production and operation shall be ordered to stop production and operation, immediately announce the recall of the food that has been sold, destroy the food, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; where there are no unlawful gains, a fine of between 1,000 and 50,000 RMB is to be imposed. If the circumstances are serious, the health permit shall be revoked.

However, in 2007, the "Special Provisions on Strengthening the Safety Supervision and Administration of Food and Other Products" (Order No. 503) Article 3 stipulates that producers and operators shall be responsible for the safety of the products they produce and sell, and shall not produce or sell products that do not meet the statutory requirements.

If the production or sale of products in accordance with laws and administrative regulations requires a license or certification, it shall engage in production and business activities in accordance with the statutory conditions and requirements. If the production and business activities are not carried out in accordance with the statutory conditions and requirements, or the production or sale of products that do not meet the statutory requirements, the supervision and management departments of agriculture, health, quality inspection, commerce, industry and commerce, and drugs shall, in accordance with their respective duties, confiscate the illegal gains, products, tools, equipment, raw materials and other items used for illegal production, and if the value of the goods is less than 5,000 yuan, a fine of 50,000 yuan shall be imposed; if the value of the goods is more than 5,000 yuan but less than 10,000 yuan, a fine of 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 10 and 20 times the value of the goods shall be imposed; If serious consequences are caused, the license shall be revoked by the original licensing department; Where the crime of illegal business operation or the crime of producing or selling counterfeit or shoddy goods is constituted, criminal responsibility shall be pursued in accordance with law.

If the producer or operator no longer meets the statutory conditions and requirements and continues to engage in production and business activities, the license shall be revoked by the original licensing department, and the list of producers and operators whose licenses have been revoked shall be announced on the local main **; Where the crime of illegal business operation or the crime of producing or selling counterfeit or shoddy goods is constituted, criminal responsibility shall be pursued in accordance with law.

Some local health departments are punished in accordance with the "Food Sanitation Law of the People's Republic of China", and some are punished in accordance with the "Special Provisions on Strengthening the Safety Supervision and Administration of Food and Other Products".

For the specific amount of fines, you can also ask a lawyer through the legal consultation post.

According to the provisions of Article 85 of the Food Safety Law: confiscate illegal gains, illegal production and operation of food, tools, equipment, raw materials and other items used in illegal production and operation; where the value of food 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; and where the circumstances are serious, the license is revoked.

As a result, five cases of counterfeit wine were confiscated and a fine was imposed (a fine of $2,000 was sought).

Legal analysis: If the sale of counterfeit wine is investigated and punished, it shall be punished according to the circumstances of the sale of counterfeit wine, and criminal responsibility shall be investigated if it constitutes a crime, and if it does not constitute a crime, it shall be ordered to stop selling, confiscate the fake wine, impose a fine, revoke the business license and other punishments.

Legal basis: Article 140 of the Criminal Law of the People's Republic of China: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

Article 50 of the Product Quality Law of the People's Republic of China Article 50 Anyone who mixes or adulterates a product, passes off a fake product as genuine, shoddy, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, confiscate the illegally produced or sold product, and impose a fine of not less than 50% but not more than three times the value of the illegally produced or sold product; where there are unlawful gains, confiscation of the unlawful gains is to be given; where the circumstances are serious, the business license is revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Lawyer's analysis: If the sale of counterfeit wine is investigated and punished, punishment shall be carried out according to the circumstances of the sale of counterfeit wine, and criminal responsibility shall be investigated if it constitutes a crime, and if it does not constitute a crime, it shall be ordered to stop selling, confiscate the counterfeit wine, impose a fine, revoke the business license and other punishments.

Legal basis]:

Criminal Law of the People's Republic of China Article 140 Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

Article 50 of the Product Quality Law of the People's Republic of China Article 50 Anyone who mixes or adulterates a product, passes off a fake product as genuine, shoddy, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, confiscate the illegally produced or sold product, and impose a fine of not less than 50% but not more than three times the value of the illegally produced or sold product; where there are unlawful gains, confiscation of the unlawful gains is to be given; where the circumstances are serious, the business license is revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention, and/or a fine of not less than 50 percent but not more than two times the sales amount.

Legal basis: Article 214 of the Criminal Law of the People's Republic of China: Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Article 140:Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of not less than 50 percent but not more than two times the sales amount.

Legal analysisAccording to the relevant provisions, the production or sale of products that do not meet the national standards and industry standards for the protection of human health and personal and property safety shall be ordered to stop production and sales, confiscate the illegally produced and sold products, and impose a fine of more than three times the equivalent value of the illegally produced and sold products (including sold and unsold products, the same below); where there are unlawful gains, confiscation of the unlawful gains is to be given; where the circumstances are serious, the business license shall be revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law. Adulteration or adulteration of products, passing off fake products as genuine, shoddy products, or passing off substandard products as qualified products, shall be ordered to stop production and sales, confiscate the products illegally produced or sold, and impose a fine of not less than 50% but not more than three times the value of the products illegally produced or sold; where there are unlawful gains, confiscation of the unlawful gains is to be given; where the circumstances are serious, the business license is revoked; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal basis]:Criminal Law of the People's Republic of China Article 140 Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention for imitation of divination, and/or shall be fined not less than 50% but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, a sentence of 15 years imprisonment or life imprisonment is to be given, and a concurrent sentence of 50% or more of the sales amount is to be given.