If you buy fake fertilizer, how much should you claim

Updated on Three rural 2024-07-28
5 answers
  1. Anonymous users2024-02-13

    This is not explicitly stated in the law.

    Generally, it is to compensate you for the cost of buying fertilizer + %20 of the yield

    You can also go to court to sue.

  2. Anonymous users2024-02-12

    1. How to compensate for the losses caused by fake fertilizers.

    1. The losses caused by the use of fake fertilizers can be requested to the industrial and commercial department to be transferred to the public security organs, or they can be directly reported to the public security organs. Anyone who produces counterfeit chemical fertilizers and sells chemical fertilizers that he knows to be fake or that has lost his effectiveness, or that producers or sellers pass off substandard chemical fertilizers as qualified chemical fertilizers, causing relatively large losses to production, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or shall be fined not less than 50 percent but not more than two times the amount of sales.

    2. Legal basis: Article 23 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).

    Production and sale of fake and shoddy pesticides, veterinary drugs, fertilizers, and seeds (Article 147 of the Criminal Law) Where the production of fake pesticides, fake veterinary drugs, or fake chemical fertilizers, the sale of pesticides, veterinary drugs, fertilizers, or seeds that are known to be fake or have lost their effectiveness, or where producers or sellers pass off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, shall be prosecuted if they are suspected of any of the following circumstances:

    1) Causing production losses of 20,000 yuan or more;

    2) Other circumstances that cause greater losses in production.

    II. What are the sentencing standards for the crime of producing and selling counterfeit and shoddy pesticides, veterinary drugs, fertilizers, and seeds?

    The sentencing standards for the crime of producing and selling counterfeit and shoddy pesticides, veterinary drugs, fertilizers, and seeds are as follows:

    1. Whoever produces fake pesticides, fake veterinary drugs, or fake chemical fertilizers, sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or has lost their effectiveness, or where producers or sellers pass off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, causing relatively large losses in production, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or shall be fined not less than 50% but not more than two times the amount of sales.

    2. Whoever produces fake pesticides, fake veterinary drugs, or fake chemical fertilizers, sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or has lost their effectiveness, or where producers or sellers pass off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, causing major losses in production, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50 percent but not more than two times the amount of sales;

    3. Whoever produces fake pesticides, fake veterinary drugs, or fake chemical fertilizers, sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or has lost their effectiveness, or where producers or sellers pass off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, causing particularly heavy losses in production, shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the amount of the sales amount or confiscation of property.

  3. Anonymous users2024-02-11

    Legal analysis: There will be certain penalties for selling fake fertilizers, which can be ordered to stop selling, confiscate illegal gains, impose fines, etc. If a crime is constituted, there is a certain amount of criminal liability.

    According to the relevant provisions of China's criminal law, under normal circumstances, the act of selling fake fertilizers can be punished by criminal detention or up to two years imprisonment, and/or a fine. if the circumstances are serious, a minimum of two years and a maximum of seven years imprisonment and a concurrent fine may be imposed.

    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.

  4. Anonymous users2024-02-10

    Summary. Hello, I am happy to serve you to answer your questions, the production and sale of fake fertilizers, may constitute the production and sale of fake and shoddy pesticides, veterinary drugs, fertilizers, seeds, according to the provisions of the Criminal Law, the production of fake fertilizers, the sale of chemical fertilizers that are known to be fake or lose the effectiveness of the use of fertilizers, or producers, sellers with substandard fertilizers pretending to be qualified fertilizers, so that production suffers greater losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine of not less than 50% but not more than two times the sales amount.

    Hello, I am happy to serve you to answer your questions, the production and sale of fake fertilizers, may constitute the production and sale of fake and shoddy pesticides, veterinary drugs, fertilizers, seeds, according to the provisions of the Criminal Demolition Law, the production of fake fertilizers, the sale of chemical fertilizers that are known to be fake or lose the effectiveness of the use of fertilizers, or the producers, sellers with substandard fertilizers to pass off qualified fertilizers, so that the production suffers greater losses and losses, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine of not less than 50% but not more than two times the sales amount. Brigade to widen.

    Legal basis: Article 147 of the Criminal Law Whoever, if a person produces fake pesticides, fake veterinary drugs, or fake chemical fertilizers, sells pesticides, veterinary drugs, chemical fertilizers, or seeds that he knows to be fake or have lost their effectiveness, or where the producer or seller passes off unqualified pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, causing relatively large losses in production, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or shall be fined not less than 50% but not more than two times the amount of sales; where production suffers major losses, a sentence of between three and seven years imprisonment and a fine of not less than 50 percent but not more than two times the amount of sales shall be imposed; and where production suffers especially heavy losses, the sentence is to be fixed-term imprisonment of not less than seven years or life imprisonment, and a fine of not less than 50 percent but not more than two times the amount of sales or confiscation of property is to be given.

  5. Anonymous users2024-02-09

    Hello, the sale of fake stool bureau fertilizers may involve administrative penalties, and may also involve the crime of selling counterfeit and shoddy products. According to the circumstances, the supervision and inspection department may impose the following penalties on the production or counterfeit and shoddy goods: (1) order the production or sale to be stopped; (2) confiscation of counterfeit and shoddy goods and raw and auxiliary materials; (3) confiscation of illegal gains; (4) impose a fine of one to five times the amount of illegal gains; (5) If there is no illegal gains, a fine of less than 10,000 yuan shall be imposed; where unlawful gains cannot be calculated, a fine of up to 100,000 RMB is to be given; (6) Order the suspension of business for rectification.

    The above penalties may be imposed separately or concurrently.

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