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2022-09-19
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The State Administration of market supervision: it will strengthen the punishment of dishonesty in food and drug fields

release date: Source: China number of Views: 24051 copyright and disclaimer

core tip: the State Administration of market supervision drafted the "measures for the administration of the list of serious violations and dishonesty (Revised Draft for comments)" and solicited public comments. According to the "four strictest" requirements, the exposure draft increases the inclusion and punishment of areas closely related to the life, health and safety of the people, such as food, drugs and special equipment

the State Administration of market supervision drafted the "measures for the administration of lists of serious violations of law and dishonesty (Revised Draft for comments)" and solicited public comments. According to the "four strictest" requirements, the exposure draft increases the inclusion and punishment of areas closely related to the life, health and safety of the people, such as food, drugs and special equipment

on the premise that it does not conflict with the relevant provisions of the Interim Regulations on the publication of date industry information "recommended to send to school next time" given in the current enterprise calibration certificate, according to the market supervision function, the exposure draft further expands the types of subjects and situations included. In principle, all regulatory objects and matters in the charge of the market supervision department should be covered as much as possible to form a unified list management system for serious violations and dishonesty in the field of market supervision

expand the applicable object

according to the actual market supervision work, the relevant subjects who violate the laws and regulations of market supervision and management and have serious circumstances will be included in the management scope of the exposure draft. Considering the complexity and diversity of the supervision objects of the market supervision department, the exposure draft expands the list of serious violations and dishonesty from enterprises to enterprises, individual businesses, other organizations, and natural persons who hold specific positions within the dishonesty subject, are directly responsible for serious violations and dishonesty, and are directly involved in market business activities. At the same time, the name of the original "list of serious illegal and dishonest enterprises" was adjusted to "list of serious illegal and dishonest enterprises"

expanded listing situation

in view of the fact that the Interim Regulations on enterprise information publicity has not been amended, the situation of "those who have not fulfilled their relevant obligations after being listed in the list of abnormal operations for three years" and "those who have submitted false materials or used other fraudulent means to conceal important facts and obtained the cancellation of the registration of market subjects" are retained. At the same time, the listing conditions provided by all business lines of the State Administration of market supervision, the State Food and Drug Administration and the State Intellectual Property Office were unified, and the same or similar conditions were refined and integrated, and the cases that obviously did not conform to the listing principle of serious violations and dishonesty were eliminated. At present, a total of 36 listing situations are stipulated, basically covering all business areas of market supervision

adjust the division of management responsibilities

in general, the market supervision and administration departments at all levels are responsible for the management of the list of serious violations and dishonesty in their respective jurisdictions in accordance with the principle of "who has jurisdiction, who manages". Among them, the State Administration of market supervision is responsible for guiding the management of the national list of serious violations and dishonesty, but it also meets the standard management work, and the market supervision departments above the county level are responsible for the management of the list of serious violations and dishonesty within their jurisdiction

at the same time, considering the particularity of drug supervision and intellectual property management, the exposure draft also stipulates that drug supervision and intellectual property management departments above the provincial level are responsible for the management of serious violations and dishonesty lists in their professional fields

improve the listing and removal procedures

the first is about the listing procedures. For the subjects that have been listed in the list of business exceptions for three years, it is stipulated that they should be included in the list of serious violations of law and credibility within 10 working days from the expiration date. For other cases, considering the expansion of the listing situation and objects, and the complexity of the existing listing situation is increased, verification procedures should be added. Therefore, it is stipulated that "it shall be included in the list of serious violations of law and credibility within 10 working days from the date of verification"

the second is about the time limit for removal. In order to be consistent with the Interim Regulations on enterprise information publicity, the subjects who have been included in the list of serious violations of law and credibility for three years after the expiration of the list of abnormal operations are still removed after five years. For other listed cases, considering the actual effect of punishment and the coordination with other departments' serious dishonesty from product design to recycling, it is stipulated that they will be removed after three years

third, after the inclusion and object expansion, the relevant situation needs to be verified when moving out. Therefore, the exposure draft stipulates that the subjects in the list of serious violations and dishonesty must submit a written application and be verified before moving out

strengthen the punishment of dishonesty

the subjects listed in the list of serious violations of law and dishonesty must be severely punished in order to give full play to the deterrence of credit supervision and effectively improve the efficiency of market supervision. Combined with the feedback of relevant departments and bureaus, the State Food and Drug Administration and the State Intellectual Property Office, the exposure draft stipulates 10 disciplinary measures, basically covering the responsibilities of all business lines. In order to highlight the effect of credit punishment, the exposure draft will not enumerate specific disciplinary measures that have been clearly stipulated in laws and regulations

at the same time, in order to strengthen the application of the serious violation and dishonesty list and implement the disciplinary measures, the market supervision, drug supervision and intellectual property management departments should embed the information of the serious violation and dishonesty list into each business system, establish and improve the query and feedback mechanism of the information of the serious violation and dishonesty list, and promote the sharing of common terms

improve credit repair

for subjects who can take the initiative to rectify and eliminate adverse effects, the exposure draft adds credit repair clauses and stipulates strict repair procedures and standards

first, it must be listed in the list of serious violations of law and credibility for one year before applying for credit restoration, so as to ensure the seriousness of credit supervision

second, the dishonest subject must rectify and eliminate the adverse effects before applying for removal

third, when applying for removal, relevant supporting materials should be submitted, and the responsible department should check and verify, interview its legal representative and person in charge, and then it can be repaired after being approved or decided by the market supervision, drug supervision and intellectual property management departments at or above the provincial level

fourth, in order to prevent dishonest subjects from maliciously using credit repair to infringe the social public interests and the legitimate rights and interests of others, and to ensure the seriousness of credit repair work, the exposure draft also specifically stipulates the circumstances of withdrawing credit repair

fifthly, in order to further deter and punish the subjects with particularly serious violations of law and dishonesty, and safeguard the interests of the public, geo bio biological PVC modified materials have been successfully developed. The exposure draft specifically stipulates three cases of non credit repair

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