| Notice of the State Administration for Market Regulation on Issuing the Work Plan for Crackdown on Counterfeit and Shoddy Goods in Key Fields (2019-2021) | | 市场监管总局关于印发《假冒伪劣重点领域治理工作方案（2019-2021）》的通知 |
| The market regulation bureaus (departments and commissions) of all provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市及新疆生产建设兵团市场监管局（厅、委）： |
| The Work Plan for Crackdown on Counterfeit and Shoddy Goods in Key Fields (2019-2021) is hereby issued to you for your implementation according to actual conditions. | | 现将《假冒伪劣重点领域治理工作方案（2019-2021）》印发给你们，请结合实际抓好贯彻落实。 |
| State Administration for Market Regulation | | 市场监管总局 |
| January 3, 2019 | | 2019年1月3日 |
| Work Plan for Crackdown on Counterfeit and Shoddy Goods in Key Fields (2019-2021) | | 假冒伪劣重点领域治理工作方案（2019-2021） |
| Strictly cracking down on the production and sale of counterfeit and shoddy goods and maintaining a market order with fair competitions is not only an inevitable requirement to meet the people's increasing demand for a better life, but plays an important role in building a law-based, international and convenient business environment. It also provides a robust support for China to transform its economy and achieve high-quality development. To tighten crackdown on counterfeit and shoddy goods in key areas, the Work Plan is hereby developed. | | 严厉打击制售假冒伪劣商品、维护公平竞争的市场秩序，是满足人民日益增长的美好生活需要的必然要求，是建设法治化国际化便利化营商环境的重要任务，也是促进我国经济转型升级、实现高质量发展的有力支撑。为深入推进假冒伪劣重点领域治理，制订本工作方案。 |
| I. General requirements | | 一、总体要求 |
| 1. Guiding ideology. Xi Jinping's Thought on Socialism with Chinese Characteristics in a New Era shall be taken as the guidance, the spirit of the 19th CPC National Congress and the Second and Third Sessions of the 19th CPC Central Committee shall be thoroughly fulfilled, the policies and arrangements of the CPC Central Committee and the State Council shall be earnestly implemented, the combination of centralized rectification and routine supervision shall be upheld, reform and innovation shall be carried out on the regulatory system and mechanism, governance shall be intensified in key fields and on major markets, counterfeit and shoddy goods and other illegal acts shall be severely punished, and sustained improvements shall be promoted in building a law-based, international and convenient business environment. | | （一）指导思想。以习近平新时代中国特色社会主义思想为指导，全面贯彻党的十九大和十九届二中、三中全会精神，认真落实党中央、国务院决策部署，坚持集中整治与日常监管相结合，改革创新监管制度和机制，强化对重点领域和重点市场的治理，严厉查处假冒伪劣违法行为，促进法治化国际化便利化的营商环境持续改善。 |
| 2. Work objectives. Through special crackdown campaigns in a steady and orderly way, a number of major cases involving counterfeit and shoddy goods shall be investigated and properly handled, and the production sites and logistics channels of these products shall be rectified, so as to effectively prevent frequent occurrence of such cases. By 2021, the comprehensive law enforcement capability of market supervision and the modernization level of supervision will be significantly improved, the working mechanism shall be improved, the business environment shall be further optimized, and the people shall feel safer when buying, using and eating in their daily life. | | （二）工作目标。通过稳步有序开展专项治理，查办一批假冒伪劣大案要案，净化生产源头和流通网络，有效遏制假冒伪劣高发多发势头。到2021年，市场监管综合执法能力和监管现代化水平明显提升，工作机制更加完善，营商环境进一步优化，老百姓买得更加放心，用得更加放心，吃得更加放心。 |
| 3. Basic principles | | （三）基本原则。 |
| Focusing on problem solving. The emphasis shall be placed on prominent problems in fake and shoddy products relating to people's lives, health, and property safety, special crackdown activities shall be conducted, and preventive measures shall be taken continuously, so as to mitigate systemic risks and regional risks. | | 坚持问题导向。以关系人民群众生命健康、财产安全的假冒伪劣突出问题为重点，持续开展专项整治，不断完善防范措施，有效化解系统性区域性风险。 |
| Unlocking the potential of coordination. More efforts shall be made to give play to the comprehensive law enforcement in market regulation, drive the shift from traditional regulation to cross-regional and full-chain regulation, close the regulatory loopholes, improve efficiency in law enforcement, and root out the production-supply-sale chain of counterfeit and shoddy commodities. | | 发挥协同优势。着力发挥市场监管综合执法的体制优势，推动传统监管方式向跨区域、全链条监管转变，堵塞监管漏洞，提高执法效能，切实铲除假冒伪劣商品产供销链条。 |
| Providing stronger technical support. The research, development and application of information technologies in law enforcement and regulatory control shall be strengthened, efforts shall be made to build an integrated information platform for market regulation, and the finding, collection, identification, exploration and early warning of clues to any violation of laws shall be reinforced, so as to prevent beforehand and clamp down upon such violation in a precise manner. | | 强化技术支撑。加强信息技术在执法监管中的研发运用，着力构建市场监管一体化信息平台，强化对违法线索的发现、收集、甄别、挖掘、预警，做到事前防范、精准打击。 |
| Promoting joint efforts from all walks of life . The role of trade organizations in self-discipline and restraint shall be maximized the responsibilities of enterprises shall be implemented, the media and the public shall be encouraged to participate and supervise, and the enthusiasm of all partiesshall be mobilized, so as to create a situation in which multiple players join hands to tackle with counterfeit and shoddy goods. | | 推进社会共治。发挥行业组织的自律约束作用，落实企业的主体责任，鼓励媒体和公众参与监督，充分调动各方积极性，形成多方参与的假冒伪劣治理局面。 |
| II. Conducting special campaigns on rural markets in a centralized manner and supporting the implementation of rural revitalization strategy | | 二、集中开展农村市场专项治理，助力乡村振兴战略实施 |
| 1. Strengthening the supervision of rural markets. The routine supervision and inspection system based on random spot checks, focus on daily consumer goods such as food, small home appliances, personal care products, hardware and electrical materials shall be improved, the regulation of such areas as rural markets and rural-urban fringe areas where counterfeits are rampant shall be intensified, and business operators shall be urged to build a purchase and sale ledger system and a system of demanding certificates and bills and make improvements accordingly. For counterfeit and shoddy products found during the spot check and “products without a name, a factory name or a factory address”, their sources shall be traced, those who organize and implement illegal acts shall be unearthed, their sale networks shall be wiped out, their production sites shall be rectified, the unscrupulous dealers or factories without a business license shall be investigated and punished, and any operations without a license which are not governed by the market regulatory departments shall be reported to the relevant departments in a timely manner, and the market environment in rural areas shall be cleaned up. | | （一）加大农村市场监管力度。完善以随机抽查为重点的日常监督检查制度，以食品、小家电、洗化用品、五金电料等日用消费品为重点，加强对农村市场和城乡结合部等假冒伪劣高发多发区域的监管，督促经营者建立完善购销台账和索证索票制度。对于检查中发现的假冒伪劣商品、“三无”产品要追踪溯源，深挖违法活动的组织者、实施者，铲除销售网络，清理生产源头，依法查处无证照生产经营的“黑作坊”“黑窝点”，发现不属于市场监管部门查处职责的无证经营行为，及时通报有关部门查处，净化农村市场环境。 |
| 2. Conducting special law enforcement on agricultural materials and farm produce in a centralized manner. Efforts shall be concentrated on the campaign of “crackdown on counterfeit agricultural materials and supplies in rural areas”, particularly chemical fertilizers, farming equipment and accessories, at important time points such as farming periods in spring and autumn, and take severe measures to investigate and punish quality-related illegal acts such as substandard goods, false marks, and unlicensed production. Law enforcement in standardization, certification, measurement and quality control shall be strengthened, and Such illegal acts as the manufacture of products that do not comply with the country's mandatory standards or expressly-indicated standards, passing off inferior products as superior ones, and passing off substandard products as standard ones shall be cracked down. The protection of trademarks and geographic indications of farm produce shall be strengthened, such illegal acts as infringing on trademarks, falsely using other brand names, and forging geographic indications shall be investigated and punished, and the legitimate rights and interest of trademark holders shall be vigorously protected. | | （二）集中开展农资及农产品专项执法。在春耕、秋种等重要时点集中开展“农资打假下乡”行动，以化肥、农机及其配件等产品为重点，严厉查处不符合标准、虚假标识及无证生产等质量违法行为。加强标准化、认证、计量、质量执法，依法打击生产不符合国家强制性标准或明示标准的产品、以次充好、以不合格产品冒充合格产品等违法行为。加强对农产品商标和地理标志的保护，依法查处商标侵权、傍名牌及冒用、伪造地理标志等违法行为，切实维护权利人合法权益。 |
| 3. Reinforcing the management and control of “fake food”. Comprehensive steps shall be taken to manage the production of “fake food” in rural areas, ranging from production sites, logistics channels, to consumers. The regulation and supervision of the concentration areas of food enterprises, farmer's markets, small workshops, small retail stores, certified enterprises and certified foods shall be strengthened, focusing on the checking of foods with an identical or similar name, package, logo or trademark, and urging food producers and operators to fulfill their responsibilities in food safety protection. Law enforcement against unfair competitions shall be strengthened, the protection of food trademarks shall be intensified, such unfair competitions as market confusion and false publicity shall be vigorously investigated and punished, and a full-chain punishment shall be conducted on illegal food producers or operators as well as service providers of trademarks, advertisements, certification and packaging according to the law. More emphasis shall be placed on supervising and inspecting foods which claim to have special ingredients or contents on their labels or logos, and, if necessary, supervision and spot check shall be conducted. For foods that fail to pass the spot check, food producers and operators shall be urged to control food safety risks by taking them off shelves or recalling them, notify the market regulatory department of the place where the relevant food producer or operator is located, and the illegal acts and violations of regulations shall be seriously handled according to the law. | | （三）大力加强“山寨食品”治理。从生产源头、流通渠道、消费终端入手，全面治理农村“山寨食品”。加强对食品产业集中地区、农村集贸市场、小作坊、小商铺以及获得认证企业和认证食品的监管，重点检查食品名称、包装、标识、商标等相同或近似的食品，督促生产经营者严格落实食品安全主体责任。加强反不正当竞争执法，强化食品商标保护，严厉查处市场混淆、虚假宣传等不正当竞争行为，并对违法生产经营者以及为其提供商标、广告、认证、包装等服务的经营者，依法进行全链条查处。加大对标签标识声称具有特定成分、含量等食品的监督检查力度，必要时开展监督抽检。对抽检不合格的食品，督促食品生产经营者采取下架、召回等措施控制食品安全风险，并通报相关食品生产经营企业所在地市场监管部门，对存在的违法违规行为依法严肃处理。 |
| 4. Strictly investigating and punishing false and illegal advertisements. The regulation of guidance of advertisements shall be strengthened, and Supervision of advertisements in such fields as medical care, pharmaceuticals, food, dietary supplements, and financial investment shall be intensified. Focus shall be put on spot-checking and monitoring the advertisements on traditional mainstream media and leading Internet media, special monitoring shall be conducted to coordinate the specific crackdown activities, and monitoring shall be conducted for big events and major holidays so as to find the clues to and punish the illegal acts in a rapid way. We shall lay More emphasis shall be on Supervision and handling the cases involving false and illegal advertisements shall be intensified, and typical cases shall be publicized on a regular basis, so as to produce a deterrent effect. Supervision and regulation shall be strengthened replying on the inter-ministerial conference for rectifying the false and illegal advertisements, and the mechanism of inter-departmental coordination and cooperation in regulation and law enforcement and the mechanism of information feedback handling shall be improved. The standards and procedures for examining the advertisements of medicine, medical appliances, dietary supplements, and formula food for special medical purposes shall be developed. | | （四）严厉查处虚假违法广告。强化广告导向监管，加大医疗、药品、食品、保健食品、金融投资等领域广告监管力度。突出重点传统媒体、重要互联网媒介广告抽查监测，配合专项整治工作开展专项监测，围绕重大活动、重要节日开展重点监测，发现线索，快速处置。加大重点虚假违法广告案件督办力度，定期曝光典型案件，发挥震慑作用。依托整治虚假违法广告部际联席会议强化协同监管，健全部门间监管执法联动机制和信息反馈处理机制。制定出台药品、医疗器械、保健食品、特殊医学用途配方食品广告的审查标准和程序。 |
| III. Launching special campaigns for food safety purposes in a centralized manner and ensuring food safety for ordinary people | | 三、集中开展食品安全专项治理，保障百姓舌尖上的安全 |
1. Conducting special campaigns on the supervision of specific food. The food for “the elderly and the minor” shall be emphasized, the spot check of dietary supplements and formula food for infants shall be strengthened, random check of the brands of formula milk powder for infants on a monthly basis covering all relevant certified producers and inspection items as prescribed by the national food safety standards shall be conducted continuously, and the results of the spot check and the punishment for unqualified food products shall be promptly publicized. Efforts shall be made to enhance the quality and safety of dietary supplements, focus on such illegal acts as dietary supplements claiming to have healthcare, disease prevention or curing functions without approval or falsely exaggerating efficacies on their labels, logos, marketing materials or advertisements, as well as food productions not meeting with the approval, alteration of production processes at will, and illegal addition of inedible substances (or medicines), and give severe punishments according to the law. Special checks on the labels of infant formula milk powder products in the process of circulation shall be conducted, attention shall be paid to whether the formula products are marked on their labels according to the registration requirements, local market regulatory departments shall be urged and guided to conduct “follow-up checks” of the problems in the production system and producers of infant formula milk powder, and the producers in the implementation of corrective measures for the problems shall be supervised.
．．．．．． | | （一）开展特殊食品监管专项行动。聚焦“一老一小”，加大对保健食品和婴幼儿配方食品的抽检力度，继续对婴幼儿配方奶粉实施月月抽检，覆盖所有在产获证企业及食品安全国家标准规定的检验项目，及时向社会公布监督抽检和不合格食品处罚结果。开展保健食品质量安全提升行动，重点检查保健食品标签标识、宣传材料、广告等未经批准声称保健功能、宣称具有疾病预防或治疗功能、含有虚假宣传功效等违法行为，以及不按照批准内容组织生产、擅自改变生产工艺、非法添加非食用物质（药物）等违法行为，并依法从严处罚。开展流通环节婴幼儿配方乳粉标签专项检查，重点检查是否按照产品配方注册的标签进行标识标注，督促指导各地市场监管部门开展婴幼儿配方乳粉生产企业体系检查问题“回头看”行动，监督生产企业将体系检查发现问题的整改措施落实到位。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥700.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |