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美国对化妆品和药品法规管理
作者: 日期:2008-2-3 9:53:01 出处:中国药妆美容网 访问次数:
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masses' health right behavior of breaking the law seriously on purpose. Not only should confiscate breaking the law the income and fine, of a serious nature, but also should revoke the license yet. Make it lose production and manage the drugs qualification. In addition, break the law in making and sell the drugs of imitation and poor quality the income difficult to collect evidence and calculate question in practice, Consulting the regulations of criminal law and product quality law, should fine the drugs goods value in order to break the law clearly. In order to punish of the amount of money, the base figure increase the effectiveness that the administration punishes, and aggravate dynamics of punishing.

So, the drugs management regulation revised newly is fixed: " produce, sell false drugs, confiscate and break the law to produce, the drugs and illegal income sold, Production that and break the law in the place, it is worth the fine under five times above two times of amount of money to sell the drugs goods. There are drugs that approve proving the canceling of the file, and order stopping production, suspend business to bring up to standard. Of a serious nature, revoke " drugs production license", " the drugs are managed the license " or" drug organization manufacture license". The ones that form crime, investigate the responsibility for a crime in accordance with the law" (The clause 74 ). " produce, sell drugs bad, confiscate and break the law to produce, the drugs and illegal income sold, Production that and break the law in the place , it is worth the fine under three times above amount of money of one time to sell the drugs goods. Of a serious nature, order stopping production, suspend business to bring up to standard or cancel the drugs and approve proving the file, can revoke " drugs production license" , drugs manage license or medical organization preparation license) The ones that form crime, investigate the responsibility for a crime in accordance with the law" (The 75 ). In addition, also in order to make and sell the behavior of offering convenient condition of drugs of imitation and poor quality, Increase stipulates: " know or should know that belong to the drugs of imitation and poor quality to offer to and transport ", custody, the storage waits for convenient condition, confiscate all doors and transport, custody, the income of the storage, and break the law and include hundred in the place. The fine under 50 more than three times. The ones that form crime, investigate the responsibility for a crime in accordance with the law" (The clause 77 ).

(d4) Expand and punish to the punishment range of the illegal activities and qualification of increasing.

By the look of reality, some units have produced, sold and compounded drugs of imitation and poor quality and often have the close relation with other direct responsibility with its person in charge. Because manage the law and settle to a punishment that people carry on current drugs, However, manage the law and increase and stipulate by what has been revised newly drugs: " Enterprise engaged in production, selling the negative drug of a serious nature or other units, their direct responsible person in charge and other direct responsibility personnel can't be engaged in drugs producing, and the business activities in ten years. "" used in false drug of production to the producer specially", and confiscate the complementing material, originally of negative drug, wrappings, production equipment, confiscate " (The clause 76 ).

( d5 ) Increase legal liability, and embody the supervision to whole course of drugs to manage.

In order to embody and develop to drugs fully, production, management and supervision to manage in whole course used, CNDRC revised managed in one chapter of legal liability and increase the corresponding clause newly. Have stipulated correctly violate" produce strict quality control standard drugs" and" manage quality and manage the standard drugs", upset and import

  
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