What is the legal basis for the punishment of illegally selling 2 million health care products? Penalties related to illegal operation of health products: 1. Punishment for unlicensed production and operation. Those who produce and operate health food without a license shall be punished in accordance with the provisions of Article 84 of the current Food Safety Law. In addition to the confiscation of their illegal income, health food illegally produced and operated, tools, equipment and raw materials used for illegal production and operation, they are also fined. If the value of health food illegally produced and operated is less than 1000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of goods is more than RMB 10000, a fine of more than 5 times the value of goods 10 will be imposed. The identification of the so-called unlicensed production and operation of health food should pay attention to the following points: 1) The unlicensed production behavior includes not only the production of health food without obtaining the National Health Food Approval Certificate, but also the production of health food without obtaining the Provincial Food and Drug Supervision Department's Administrative License for Health Food Production. 2) When investigating illegal production without a license, we must pay attention to the relationship between the health department and the drug supervision department. At present, there are two formats of Health Food Approval Certificate, the Ministry of Health and the State Administration of Pharmaceutical Products, both of which are valid approvals, and there is no overlap or duplication between them. The valid approval numbers of these two departments can be found in their basic databases. If it can't be found in the database, it can basically be considered as a fake. 3) Unlicensed operation mainly refers to the operation of health food without a health food business license at or above the county level. In view of the fact that the industrial and commercial departments have made relevant provisions on the circulation license of health food, that is, in accordance with the principle and spirit of the Food Safety Law, the drug regulatory authorities at or above the county level shall first carry out the license pre-placement. Therefore, the behavior of operating health food without the permission of the drug supervision department should be investigated and dealt with according to law. However, it should be noted that the original health department should recognize the health license for operating health food within the validity period. 2. Punishment of counterfeit varieties The problem of counterfeit varieties includes several situations: First, counterfeiting the legal health food varieties of other enterprises, that is, stealing the legal health food approval number of the certified enterprises. Such illegal acts include stealing the import registration number of legally imported health food approved by the state; The second is to fabricate the approval number of health food, which cannot be found in the database of the state regulatory authorities. Such illegal acts include fabricating the import registration number of health food; The third is to steal the name of legal health food production enterprises; The fourth is to fabricate the names of health food production enterprises. The punishment for the above four acts should be based on different aspects of the case. If all kinds of counterfeit behaviors are found in the production process, they can be punished in accordance with Article 84 of the Food Safety Law. If counterfeit health food is found in circulation, there are two opinions: 1) The document notice of the State Council has made it clear that the use of the approval number of counterfeit health food in production and operation can be punished in accordance with Article 3 of the Special Provisions. If products that do not meet the statutory requirements are sold, the illegal income and products shall be confiscated. If the value of the product is less than 5,000 yuan, a fine of 50,000 yuan will be imposed. If the value of the goods is more than 5000 yuan but less than 654.38+0000 yuan, a fine of 654.38+0000 yuan shall be imposed; If the value of the goods is more than 10000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If serious consequences are caused, the license shall be revoked by the original issuing department; Those who constitute the crime of illegal business operation or the crime of producing and selling fake and inferior commodities shall be investigated for criminal responsibility according to law. 2) Be punished according to Article 86 of the Food Safety Law. The basic illegal fact is that the labels and instructions do not conform to the provisions of the Food Safety Law. Paragraph 2 of Article 5 1 of the Food Safety Law stipulates that the contents of food labels and instructions claiming to have specific health care functions must be true, and the falsehood of the approval number or the name of the production enterprise is the biggest falsehood. According to Article 86 of the Food Safety Law, the illegal income, health food illegally handled, tools, equipment and other articles used for illegally handling health food are confiscated and fined. If the value of illegally operated health food is less than 1000 yuan, a fine ranging from 2,000 yuan to 50,000 yuan shall be imposed; If the value of goods is more than RMB 10000, a fine of more than 2 times and less than 5 times of the value of goods shall be imposed. If the circumstances are serious, it shall be ordered to suspend business for rectification until the relevant license is revoked. Regarding the application of laws and regulations on the punishment of counterfeit varieties, the basic principle is that if laws can be applied, laws and regulations or lower-level punishment basis should not be adopted; Where the Food Safety Law can be applied, do not consider other legal provisions. The special fines are all above 50 thousand. How to ensure the successful conclusion of the case is the biggest problem faced by law enforcement personnel. 3. Penalties for labels and instructions that do not conform to the law There are many cases where the labels and instructions of health food do not conform to the regulations. At present, in the process of law enforcement, we should focus on increasing the penalties for the following illegal acts: first, the contents of labels and instructions involve the expression of disease prevention and treatment functions, whether directly or indirectly; Second, the main raw materials, functional components and contents indicated in the labels and instructions are inconsistent with those approved by the state; Third, the marked health care function is inconsistent with the national approval; Fourth, the labels suitable for the crowd and unsuitable for the crowd do not conform to the regulations; Fifth, other related projects are obviously illegal. The punishment for labels and instructions that do not comply with the law is mainly based on Article 86 of the Food Safety Law. 4. Punishment of adding drugs to health foods At present, several types of health foods that need to be focused on and whose illegal addition behavior is more prominent are: regulating blood sugar, improving sleep, losing weight, anti-fatigue, assisting in lowering blood pressure, and assisting in lowering blood fat. To investigate and deal with the illegal acts of adding drugs to health food, we should deal with them according to different situations. 1) In the case of adding drugs to health food by production and operation enterprises, it is considered that Article 50 of the Food Safety Law clearly stipulates that "drugs shall not be added to food produced and operated" and penalties shall be imposed according to Item (4) of Article 86 of the Food Safety Law. 2) The health food sold by the business enterprise has been tested to contain pharmaceutical ingredients. At present, there are many health foods on the market that claim to treat diseases and improve sexual function. Many of them will add drugs in order to exaggerate the effect of their advertisements and increase sales. The Food Safety Law does not clearly stipulate that the health food sold by operating enterprises contains pharmaceutical ingredients after inspection. One view is that if there is no legal basis, it will not be investigated. Another view is that the illegal addition of drugs to health food has a bad influence and must be severely investigated and dealt with, which can be investigated and dealt with according to the Food Safety Law and the Special Provisions of the State Council on Strengthening the Safety Supervision and Management of Food and Other Products. 5. Punishment of passing ordinary food off as health food The situation of passing ordinary food off as health food is more complicated, which is somewhat similar to passing non-drugs off as medicines. For the punishment of such illegal acts, relevant legal provisions must be applied according to different illegal circumstances. In the process of investigation, it should be noted that this kind of illegal behavior generally has some basic characteristics, such as the contents of packaging, labels and instructions are often illegal, and there are often contents that directly or indirectly show health care functions and prevent diseases. The labeled raw and auxiliary materials often contain pharmaceutical ingredients, and there are also cases of false propaganda and deceptive promotion. Penalties are generally divided into the following two situations: 1) If the labels and instructions of ordinary food involve health care functions and disease prevention, penalties can be imposed according to the relevant provisions of Article 87 of the Food Safety Law. 2) Whoever illegally adds drugs to ordinary food shall be punished in accordance with the relevant provisions of Article 86 of the Food Safety Law. Although some lawless elements have no false contents in the labels and instructions of ordinary foods, they sell their products by means of false propaganda and deceptive promotion. Law enforcement departments should highly suspect that drugs have been illegally added to their products, and they can take samples for testing and then deal with them according to the test results. With the continuous improvement of citizens' income level in China, many elderly people have pensions to ensure their sufficient sources of income after retirement, and people pay more and more attention to personal health care, which gives some illegal businesses selling illegal health care products an opportunity. Without knowing the case, the relevant state units imposed an administrative fine of 2 million yuan, which cannot be said to be too high. The harm caused by these health care products that may be sold to people is irreparable.