What are the criteria for filing a criminal case against expired pesticides? How to punish the sale

Let me ask this question, the standard for filing a criminal case of expired pesticides, if the pesticide has expired, and you still sell it to farmers, you have defrauded the money and destroyed the interests of farmers, and you must be sentenced.

Legal analysis: Whoever sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or that has lost their effectiveness, or who passes off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, and suffers 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.

Legal basis: Article 40 of the "Regulations on the Administration of Pesticides" has any of the following acts, in accordance with the provisions of the Criminal Law on the crime of illegal business or the crime of causing accidents with dangerous goods, criminal responsibility shall be investigated according to law; Not enough criminal penalties, by the agricultural administrative departments in accordance with the following provisions to give punishment:

A) without obtaining a pesticide registration certificate or pesticide temporary registration certificate, unauthorized production and operation of pesticides, or production and operation of pesticides that have been revoked registration, ordered to stop production, business, confiscation of illegal gains, and imposed a fine of not less than 1 time but not more than 10 times the illegal income; where there are no unlawful gains, a fine of up to 100,000 yuan is to be imposed;

2) If the pesticide registration certificate or the pesticide temporary registration certificate expires without renewal registration, and the pesticide continues to be produced without authorization, it shall be ordered to go through the renewal procedures within a time limit, confiscate the illegal gains, and may impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a concurrent fine of up to 50,000 yuan may be imposed; If it is not reissued within the time limit, the original licensing authority shall order it to stop production and operation, and revoke the pesticide registration certificate or pesticide temporary registration certificate;

3) The production and operation of pesticide products that are not labeled on the product packaging, the label is incomplete or the label content is modified without authorization, a warning shall be given, the illegal income shall be confiscated, and a fine of less than 3 times the illegal income may be imposed; where there are no unlawful gains, a fine of up to 30,000 yuan may be imposed concurrently;

4) If pesticides are not used in accordance with the provisions of the State on the safe use of pesticides, according to the harmful consequences caused, a warning shall be given, and a fine of less than 30,000 yuan may be imposed.

Legal Analysis: Bright Shirts.

Whoever sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or that has lost his or her effectiveness, or where producers or sellers pass off substandard pesticides, veterinary drugs, fertilizers, or seeds as qualified pesticides, veterinary drugs, fertilizers, or seeds, and suffers 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 percent but not more than two times the amount of sales.

Legal basis: Article 40 of the "Regulations on the Administration of Pesticides" has any of the following acts, in accordance with the provisions of the Criminal Law on the crime of illegal business or the crime of causing accidents with dangerous goods, criminal responsibility shall be investigated according to law; Not enough criminal penalties, by the agricultural administrative departments in accordance with the following provisions to give punishment:

A) without obtaining a pesticide registration certificate or pesticide temporary registration certificate, unauthorized production and operation of pesticides, or production and operation of pesticides that have been revoked registration, ordered to stop production, business, confiscation of illegal gains, and imposed a fine of not less than 1 time but not more than 10 times the illegal income; where there are no unlawful gains, a fine of up to 100,000 yuan is to be imposed;

2) If the pesticide registration certificate or the temporary registration certificate of the pesticide is not renewed upon the expiration of the validity period, and the pesticide continues to be produced without authorization, it shall be ordered to go through the renewal procedures within a time limit, confiscate the illegal income, and may impose a fine of less than 5 times the illegal income; where there are no unlawful gains, a concurrent fine of up to 50,000 yuan may be imposed; If the company fails to make up the excitement within the time limit, the original licensing authority shall order it to stop production and operation, and revoke the pesticide registration certificate or the pesticide temporary registration certificate;

3) The production and operation of pesticide products that are not labeled on the product packaging, the label is incomplete or the label content is modified without authorization, a warning shall be given, the illegal income shall be confiscated, and a fine of less than 3 times the illegal income may be imposed; where there are no unlawful gains, a fine of up to 30,000 yuan may be imposed concurrently;

4) If pesticides are not used in accordance with the provisions of the State on the safe use of pesticides, according to the harmful consequences caused, a warning shall be given, and a fine of less than 30,000 yuan may be imposed.

Hello, dear, I am asking the legal advice teacher, I am happy to answer for you! The penalties for selling expired drugs are as follows: 1. For those who produce or sell counterfeit drugs, confiscate the drugs and illegal gains illegally produced and sold, order them to stop production and business for rectification, revoke the drug approval documents, and impose a fine of not less than 15 times but not more than 30 times the value of the drugs illegally produced and sold; 2. If the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan; 3. If the circumstances are serious, the drug production license, drug business license or preparation license of the medical institution shall be revoked, and the corresponding application shall not be accepted within ten years; 4. If the marketing authorization holder of the drug is an overseas enterprise, the import of the drug shall be prohibited within ten years; 5. If the value of illegally retailed drugs is less than 10,000 yuan, it shall be calculated as 10,000 yuan.

Legal basis: Article 116 of the Drug Administration Law of the People's Republic of China Anyone who produces or sells counterfeit drugs shall have the drugs illegally produced or sold and the illegal gains confiscated, ordered to suspend production and business for rectification, revoke the drug approval certificate, and impose a fine of not less than 15 times but not more than 30 times the value of the drugs illegally produced or sold; if the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan; if the circumstances are serious, the drug production license, drug business license or preparation license of the medical institution shall be revoked, and the corresponding application shall not be accepted within 10 years; If the marketing authorization holder of the pharmacy's slag product is an overseas enterprise, the import of its drugs shall be prohibited for ten years. Article 117: Those who produce or sell inferior drugs shall have their illegally produced or sold drugs and illegal gains confiscated, and shall be fined not less than 10 times but not more than 20 times the value of the illegally produced or sold drugs; If the value of illegally produced or wholesaled drugs is less than 100,000 yuan, it shall be calculated as 100,000 yuan, and if the value of illegally retailed drugs is less than 10,000 yuan, it shall be calculated as 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend production and business for rectification until the drug approval certificate, drug production license, drug business license or medical institution preparation license is revoked. If the production and sale of traditional Chinese medicine decoction pieces do not meet the drug standards and do not affect the safety and effectiveness, they shall be ordered to make corrections within a time limit and given a warning; A fine of between 100,000 and 500,000 RMB may be imposed.

Dear, I hope mine is helpful to you, and I wish you a happy life! 

Article 147 of the Criminal Law.

Whoever produces fake pesticides, fake veterinary drugs, or fake chemical fertilizers, and sells pesticides, veterinary drugs, fertilizers, or seeds that he knows 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, causing relatively large losses in production, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and shall be fined not less than 50% but not more than two times the sales amount concurrently or separately;

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;

Whoever suffers especially 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 sales, or shall have his property confiscated.

Whoever sells pesticides, veterinary drugs, fertilizers, or seeds that he knows to be fake or that has lost their effectiveness, or who passes off unqualified pesticides, veterinary drugs, fertilizers, or seeds with substandard 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 percent 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; Whoever suffers 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 sales or have his property confiscated. Article 147 of the Criminal Law of the People's Republic of China.

Article 147 of the Criminal Law 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 the producer or seller passes off substandard pesticides, veterinary drugs, fertilizers or seeds as qualified pesticides, veterinary drugs, fertilizers or seeds, causing Hengyou to suffer relatively large losses in production, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine of not less than 50% but not more than two times the sales amount; 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; Whoever suffers especially 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 sales, or shall have his property confiscated.

The penalties for selling expired drugs are as follows: 1. For those who produce or sell counterfeit drugs, confiscate the drugs and illegal gains illegally produced and sold, order them to stop production and business for rectification, revoke the drug approval documents, and impose a fine of not less than 15 times but not more than 30 times the value of the drugs illegally produced and sold; 2. If the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan; 3. If the circumstances are serious, the drug production license, drug business license or preparation license of the medical institution shall be revoked, and the corresponding application shall not be accepted within ten years; 4. If the holder of the drug marketing license is an overseas enterprise, the import of the drug shall be prohibited for ten years; 5. If the value of illegally retailed drugs is less than 10,000 yuan, it shall be calculated as 10,000 yuan. Legal basis: Article 116 of the Drug Administration Law of the People's Republic of China Anyone who produces or sells counterfeit drugs shall have the drugs illegally produced or sold and the illegal gains confiscated, ordered to suspend production and business for rectification, revoke the drug approval certificate, and impose a fine of not less than 15 times but not more than 30 times the value of the drugs illegally produced or sold; if the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan; if the circumstances are serious, the drug production license, drug business license, World Bank or medical institution preparation license shall be revoked, and the corresponding application shall not be accepted within 10 years; If the marketing authorization holder is an overseas enterprise, the import of drugs shall be prohibited for ten years.

Article 117: Those who produce or sell inferior drugs shall have their illegally produced or sold drugs and illegal gains confiscated, and shall be fined not less than 10 times but not more than 20 times the value of the illegally produced or sold drugs; If the value of illegally produced or wholesaled drugs is less than 100,000 yuan, it shall be calculated as 100,000 yuan, and if the value of illegally retailed drugs is less than 10,000 yuan, it shall be calculated as 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend production and business for rectification until the drug approval certificate, drug production license, drug business license or medical institution preparation license is revoked. If the production and sale of traditional Chinese medicine decoction pieces do not meet the drug standards and do not affect the safety and effectiveness, the search banquet shall order corrections within a time limit and give a warning; A fine of between 100,000 and 500,000 RMB may be imposed. Dear, I hope mine is helpful to you, and I wish you a happy life! _