Wednesday, November 6, 2013

10, satellite television ground receiving ear plugs facilities management in violation of the provi


Operations of this Spring Commentary
Commercial administrative organs in accordance with mandatory measures and penalties assembly 1, the State Council on strengthening food and product safety supervision and management of special provisions: ear plugs Article producers and traders shall their production and sales of product safety responsibility, not the production, sales do not meet the statutory requirements products. Article XV of agriculture, health, quality inspection, commerce, industry and commerce, medicine and other regulatory authorities to fulfill their respective product ear plugs safety supervision and management responsibilities, have the following powers: (a) to enter production establishments implement on-site inspection; (two) inspection, copying, seizure, detention related contracts, bills, books and other relevant information; (three) seizure, detention does not meet the statutory requirements of the product, illegal use of raw materials, ingredients, additives, agricultural inputs and for the illegal production of tools, equipment; ( four) seizure of harm to human health and life there is a significant safety hazard for production and operations. Third production ear plugs operators should their production and sales of product safety responsibility, not the production, sales do not meet the statutory requirements. In accordance with laws, administrative regulations, ear plugs production and sale of products need to obtain required licenses ear plugs or need to be certified, it shall be in accordance with the statutory conditions and requirements engaged in production activities. Not in accordance with the statutory conditions, requiring engaged ear plugs in production ear plugs activities or production, sales do not meet the statutory requirements of the product, from the agriculture, health, quality inspection, commerce, industry and commerce, medicine ear plugs and other regulatory authorities in accordance with their respective responsibilities, confiscate the illegal income, products, and for illegal production of tools, ear plugs equipment, raw materials and other items, the total value of less than 5,000 yuan, a fine of 50,000 yuan fine; total value of more than 5,000 yuan less than 10,000 yuan, a fine of 100,000 yuan fine; total value of 10,000 yuan, a fine of more than 10 times the value of 20 times the amount of a fine; causing ear plugs serious consequences, according ear plugs to the original issuing department shall revoke the license; constitute a crime of illegal business operations or production, marketing and shoddy goods crime and other crimes shall be prosecuted for criminal responsibilities. Production operator no longer meets the statutory conditions, requirements, continue to engage in production and business activities, according to the original issuing department shall revoke the license, and in the local major media announcement or licenses revoked list of the production ear plugs and operation; constitute a crime of illegal business or production , selling shoddy goods crime and other crime, be held criminally responsible. According to law to obtain required licenses to obtain required licenses without ear plugs engaging in production and business activities, ear plugs from agriculture, health, ear plugs quality inspection, commerce, industry and commerce, ear plugs medicine and other regulatory authorities in accordance with their respective responsibilities, confiscate the illegal income, products and tools for the illegal production, equipment, raw materials and other items, the total value of less than 10,000 yuan, a fine of 100,000 yuan fine; total value of more than 10,000 yuan, a fine of more than 10 times the value of 20 times the amount of a fine; constitute the crime of illegal business be held criminally responsible. The relevant industry associations should strengthen self-discipline and supervise the production operator production activities; strengthen ear plugs the popularization of knowledge of public health, advocacy, and guide consumers to choose legitimate producers and traders production and sales of products, and there are legitimate identification products. Article sellers must establish and implement a system ear plugs of inspection and acceptance, certification supplier management qualifications, experience certificates of qualified products and product identification, and the establishment of product purchase ledger, accurately record the product name, specifications, ear plugs quantity, supplier ear plugs and their contact information, purchase time and so on. Engaged in product wholesale business selling enterprise shall establish product sales ledger, accurately record the wholesale product variety, size, quantity, flow and so on. In the centralized trading establishments selling homemade products production enterprises shall mutatis mutandis ear plugs in product wholesale sales businesses shall perform the obligation to establish product sales ledger. Purchase ledger and sales ledger shall be kept for less than 2 years. The seller shall be to suppliers in accordance with the production batch request meets the statutory requirements inspection ear plugs agency inspection reports issued or signed or sealed by the supplier of the copies of inspection reports; unable to provide inspection reports ear plugs or copies of inspection reports of the products, ear plugs may not be sold. Violation of the above provisions, the industry and commerce, ear plugs drug supervision and administration department in accordance with their respective duties ordered to stop selling; unable to provide inspection reports or copies of inspection reports sales of products, confiscate the illegal income and illegal sales of products, and impose the amount of three times the value of fine; causing serious consequences, according to the original issuing department shall revoke the license. Article 6 The centralized trading market to start a business, product management counters rental business, product fairs organized enterprises, should be reviewed by the admission sales business qualifications, a clear admission of sellers of products safety management ear plugs responsibilities, regular admission sales 's business environment, conditions, internal security management system and business products meets the statutory requirements for inspection and found that sales do not meet the statutory requirements of the product or other illegal acts, it shall promptly stopped and immediately report to the local administrative department for industry and commerce. Violates the previous ear plugs paragraph, the administrative department for industry and commerce shall be fined 50,000 yuan shall be imposed; circumstances are serious, shall be ordered to suspend business for rectification; causing serious consequences, revocation of business licenses. Article IX producers find their products there are security risks, possible health and life safety causes harm to the public information should notify the seller to stop selling, inform consumers stop using voluntary recall of products, and For supervision and management department reports; sellers should immediately stop selling the product. Sales of products have found their sales there are security risks, possible health and safety damage, it shall immediately stop selling the product, informing producers or suppliers to the relevant regulatory authorities. Manufacturer and marketer of non-performance of its obligations under the preceding paragraph, the agriculture, health, quality inspection, commerce, industry and commerce, medicine and other regulatory authorities in accordance with their respective responsibilities, and ordered manufacturers ear plugs to recall products, sellers stop selling goods and impose on producers the amount of three times the value of the fine imposed on the seller more than 1,000 yuan 50,000 yuan shall be imposed; causing serious consequences, according to the original issuing department shall revoke the license.
2, Product Quality Law, Article XVIII product quality supervision departments above the county level has been made illegal ear plugs under suspicion or evidence ear plugs report suspected ear plugs breaches of this law the conduct of investigation, may exercise the following powers: (a) right alleged violation of the provisions ear plugs of the parties engaged ear plugs in production and sales activities, to perform on-site inspections; (two) to the parties of the legal representative, ear plugs responsible person and other relevant personnel ear plugs investigation, understanding ear plugs and suspected violation of this production, sales activities situation; (three) examine and copy relevant parties to contracts, invoices, account books and other relevant information; (four) right there under the protection of the human body that does not comply with health and personal and property ear plugs safety of the national standards, industry-standard products or have other serious quality problems of products, as well as direct for the production and sale of such products, raw materials, packaging materials, production ear plugs tools, ear plugs is subject to seizure or seizure. Commercial administrative departments above the county level in accordance with its responsibilities under the State Council, the scope of the suspected violation of this law the conduct of investigation, may exercise the powers of the preceding paragraph.
Article 24 Article VII of this Ordinance behavior, organization planning ear plugs pyramid schemes, the administrative department for industry and commerce confiscate illegal property, confiscate the illegal income, 500,000 yuan to 200 yuan fine; constitute a crime, shall be held criminally responsible.
5, the industrial production permit regulations Article ear plugs 37 above the county department of industrial ear plugs products production license has been made based on the evidence or report suspected violations of the suspected breach of the conduct of investigation and may exercise the following powers: ( a) the relevant production, sale or use in the business activities of the units listed in the catalog product inspection agencies and the legal representative, is responsible for investigation and other relevant personnel to learn about alleged activities in violation of this Ordinance situation; (two) inspection and copying relevant production, sale or use in the business activities of the units listed in the catalog products and inspection bodies relevant contracts, invoices, books and other relevant information; ear plugs (three) ear plugs on the evidence of a breach of this Ordinance, production, ear plugs sale or used in operating activities included in the catalog ear plugs product is subject to seizure or seizure. Commercial administrative departments above the county level according to law suspected breach of provisions of the act to investigate, they can exercise the powers of the preceding paragraph. 6, the industrial production permit regulations Article 46 (1) obtaining the license production conditions, testing methods, production technology or process change, not in accordance with provisions of this Ordinance re-examination procedures shall be ordered to stop production , sales, confiscate the illegal production and sale of products, and the deadline for the relevant procedures; overdue handled, the illegal production and sale of products (including both sold and unsold products, the same below) the amount of three times the value of fine; illegal income, confiscate the illegal income; constitutes a crime, be held criminally responsible. Obtained the production license of the enterprise name change, not in accordance with the provisions of this Ordinance for the change, and ordered deadline for the relevant procedures; ear plugs overdue handled, ordered ear plugs to stop production, sale, confiscate ear plugs the illegal production and sale of products, impose illegal ear plugs production , the value of sales of products of the equivalent amount of a fine; illegal income shall be confiscated.
Article 49 The enterprises obtaining the license lease, lend or transfer the license certificate, production license logo and numbered, shall be imposed a fine of less than 200,000 yuan; serious cases, revocation of production licenses. Illegal to accept and use others to provide the license certificate, production ear plugs license signs and numbers shall be ordered to stop production, sale, confiscate the illegal production and sale of products, the illegal production and sale of equivalent ear plugs value of the products over three times the fine ; there is illegal income, confiscate the illegal income; constitutes ear plugs a crime, be held criminally responsible.
Article 65 of these Regulations revoked the production license of administrative penalties by the competent ear plugs department of industrial production permit decision. Industrial production permit shall be made by the competent authorities related products production license revoked the administrative punishment decisions promptly ear plugs inform development and reform departments, health ear plugs authorities, industrial and commercial administration departments and other relevant departments. ear plugs Article 46 of the Ordinance to administrative punishment under Article ear plugs 51 by the industrial production permit competent authorities or the administrative department of the State Council shall determine the terms of reference. Laws and administrative regulations on the exercise of the right of administrative penalty authority otherwise provided, in accordance with relevant laws, administrative regulations implemented.
Industrial and commercial administrative departments shall exercise the powers prescribed in the preceding paragraph, the parties shall assist and cooperate and shall not refuse, obstruct. 8, "PRC Trademark Law" Article 55 of the industrial and commercial administration departments above the county level has been made illegal under suspicion or evidence report on the alleged infringement of registered trademark rights of others when investigating the behavior may exercise the following powers: (a) ask the relevant parties, investigation and infringement of registered ear plugs trademark of the situation; (two) inspection, copying and infringement activities related party contracts, invoices, account books and other relevant information; (three) of the parties suspected of infringing others registered trademark of the places on-site inspections; ear plugs (four) check the items relating to infringement activities; right there is evidence that infringe registered trademark of the items that can seal up or seized. Industrial and commercial administrative departments shall exercise the powers ear plugs prescribed in the preceding paragraph, the parties shall assist and cooperate and shall not refuse, obstruct.
Article 57 violation of the provisions of these Regulations, the following acts, respectively, by the administrative department for industry and commerce, ear plugs quality inspection department responsible for supervision and management of dangerous chemicals comprehensive work of the department in accordance with their respective mandates, to be closed ear plugs or ordered ear plugs to cease rectification, and ordered the destruction of national harmless banned the production, management, use of hazardous chemicals or toxic chemicals produced by rodenticides and other possible into people's daily lives and daily chemical products chemicals; illegal income , confiscate the illegal income; 10 million yuan of illegal income, ear plugs illegal income and impose a more than five times less fine; no illegal gains or the illegal gains are less than 100,000 yuan, a fine of 50,000 yuan to 500,000 yuan fine ; violate the criminal ear plugs law, the responsible person in charge and other directly responsible personnel in accordance with the criminal law on the crime of dangerous goods accident, illegal operation or other crimes provisions of the Criminal Law:
10, satellite television ground receiving ear plugs facilities management in violation of the provisions of Article 11, unauthorized production of satellite ground receiving facilities, the electronics industry administrative departments ordered to stop production. Violation of the provisions of the unauthorized sale of satellite ground receiving facilities, industrial and commercial administrative department shall order to stop selling, confiscate ear plugs its satellite ground receiving facilities, and may impose a fine equivalent to twice the sales. Violation of the provisions of the unauthorized installation and use of satellite ground receiving facilities, radio and television administrative departments confiscated by the security machine and use its satellite ear plugs ground receiving facilities for five thousand individuals may impose a fine of fifty thousand units may be yuan fine.
11, industrial production ear plugs permit ear plugs regulations Article 46 (1) obtaining the license production conditions, ear plugs testing methods, production technology or process change, not in accordance with provisions of this Ordinance re-examination procedures shall be ordered to stop production , sales, confiscate the illegal production and sale of products, and the deadline for the relevant procedures; overdue handled, the illegal production and sale of products (including both sold and unsold products, the same below) the amount of three times the value of fine; illegal income, confiscate the illegal income; constitutes a crime, be held criminally ear plugs responsible. Obtained the production license of the enterprise name change, not in accordance ear plugs with the provisions of this Ordinance for the change, and ordered deadline for the relevant procedures; overdue handled, ordered to stop production, sale, confiscate the illegal production and sale of products, impose illegal production , the value of sales of products of the equivalent amount of a fine; illegal income shall be confiscated.
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