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    Home > Medical News > Latest Medical News > General Administration of market supervision: to increase punishment for dishonesty in food and drug fields

    General Administration of market supervision: to increase punishment for dishonesty in food and drug fields

    • Last Update: 2019-07-11
    • Source: Internet
    • Author: User
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    According to the website of the State Administration of market supervision, the State Administration of market supervision has drafted the measures for the administration of the list of serious violations and dishonesty (Revised Draft for comments) (hereinafter referred to as the draft for comments) and solicited opinions from the public According to the "four strictest" requirements, the draft increases the inclusion of cases and punishment in the fields of food, drugs, special equipment and other areas related to people's life, health and safety On the premise of no conflict with the relevant provisions of the current interim regulations on the publicity of enterprise information, according to the market supervision function, the draft for comments further expands the subject type and listing situation In principle, all regulatory objects and matters for which the market supervision department is responsible shall be covered as much as possible to form a unified management system for the list of serious violations and dishonesty in the field of market supervision According to the "four strictest" requirements, the "draft" aims at food, drugs, special equipment and other areas related to people's life, health and safety, increasing the inclusion of cases, and increasing the intensity of punishment According to the actual situation of market supervision, the application objects of the expansion are included in the management scope of the draft for comments, which includes the relevant subjects that violate the laws and regulations of market supervision and management and the circumstances are serious Considering the complexity and diversity of regulatory objects of the market supervision department, the draft expanded 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, who are directly responsible for serious violations and dishonesty, and who directly participate in the market operation 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" In view of the fact that the Interim Regulations on the publicity of enterprise information has not yet been revised, the situations of "those listed in the list of business exceptions that have not fulfilled relevant obligations for three years after the expiration of the list" and "those that have submitted false materials or adopted other fraudulent means to conceal important facts and obtained the registration of market entities that have been cancelled" have been 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 standardized, the same or similar situations were refined and integrated, and the situations 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, covering basically all business areas of market supervision In general, according to the principle of "who is in charge and who is in charge", 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 Among them, the General Administration of market supervision shall be responsible for guiding the administration of the list of serious violations and dishonesty nationwide, and the market supervision departments at or above the county level shall be responsible for the administration 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 draft also stipulates that the drug supervision and intellectual property management departments above the provincial level are responsible for the management of the list of serious violations and dishonesty in their professional fields The first one is to improve the listing and removal procedures For the subject who has been listed in the list of business exceptions for 3 years, it is required to be listed in the list of serious violations and dishonesty within 10 working days from the date of expiration 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 and dishonesty within 10 working days from the date of verification" Second, with regard to the time limit for removal, in order to keep consistent with the Interim Regulations on the publicity of enterprise information, the main body that has been listed in the list of serious violations of laws and dishonesty due to the expiration of 3 years of the list of business exceptions is still removed after 5 years In other cases, considering the actual effect of punishment and the coordination with other departments in the publicity time of serious dishonesty, it is stipulated that the punishment shall be removed after 3 years Third, after the listing and object expansion, the relevant situation needs to be verified when moving out Therefore, the draft stipulates that the main body in the list of serious violations and dishonesty must submit a written application and be verified before moving out To strengthen the punishment of dishonesty, we must impose severe punishment on the subjects listed in the list of serious violations of law and dishonesty, so as to give full play to the deterrence of credit supervision and effectively improve the efficiency of market supervision Combined with the feedback from the relevant departments and bureaus, the State Food and Drug Administration and the State Intellectual Property Office, the draft for comments stipulates 10 disciplinary measures, basically covering the responsibilities of each business line In order to highlight the effect of credit punishment, specific punishment measures that have been clearly stipulated in laws and regulations will not be listed repeatedly in the draft At the same time, in order to strengthen the application of the list of serious violations and dishonesty and implement the disciplinary measures, the market supervision, drug supervision and intellectual property management departments should embed the information of the list of serious violations and dishonesty into various business systems, establish and improve the query and feedback mechanism of the information of the list of serious violations and dishonesty, and promote the terms of sharing To improve the main body that can take the initiative to rectify and eliminate the adverse effects of credit restoration, the draft added a credit restoration clause and stipulated strict restoration procedures and standards The first is to apply for credit restoration only after one year's expiration when listed in the list of serious violations of law and dishonesty, so as to ensure the seriousness of credit supervision Second, the dishonest subject must be rectified and the adverse effects eliminated before applying for removal Third, when applying for removal, relevant certification materials shall be submitted, and the responsible department shall check and verify, interview its legal representative, person in charge, etc., and then the application can be repaired only after it is 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 the dishonest subjects from using credit repair maliciously to infringe upon the public interest and the legitimate rights and interests of others, and to ensure the seriousness of credit repair work, the draft also specifically stipulates the situation of canceling credit repair Fifthly, in order to further deter and punish the subjects who are especially serious in violation of the law and breach of trust, and safeguard the public interest, the draft specially stipulates three situations of non credit restoration.
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