Hainan farmers were fined 400,000 yuan for selling sea ducks marked as ducks for state banquets. What rules does this violate?

In June 5438 +2020 10, the cooperative was investigated and punished by Wanning Comprehensive Law Enforcement Bureau for violating the advertising law for 400,000 yuan, and was ordered to stop breeding. Judging from the punishment decision presented by Mr. Chang, Wanning Comprehensive Administrative Law Enforcement Bureau issued a notice to order correction. The decision shows: Ordered the parties concerned to stop publishing advertisements, and given the following administrative penalties: a fine of 400,000 yuan. ?

In official website, Wanning Municipal People's Government, the inquiry shows that, on 202 1 1, Wanning Municipal Comprehensive Administrative Law Enforcement Bureau made a penalty decision on 202 1 [2021] No.38, which shows that the parties used four kinds of packaging materials, such as health care products for well-off flying ducks. Duck for state banquet? Words such as forbidden words in advertisements can't provide the proof materials of the above propaganda terms on the spot; What is the name of the customer's shop on Taobao? Duck Xiaokang brand flying duck is used for state banquet? What does it sell in the shop? Duck for State Banquet-Xiaokang Haifei Duck (Shanghai Duck Farm)? 、? Duck egg-Xiaokang brand flying duck egg (duck for state banquet)? All marked? Duck for state banquet? Words.

On June/KOOC-0/0 and June/KOOC-0/6, 2020, with the approval of the law, the above-mentioned behaviors of the parties were investigated.

The decision also confirmed that the party Taobao shop sold 58 sea ducks from February to June in 2020 at 5438+ 10, with a sales amount of 869 1 yuan and an illegal income of 568.4 yuan; The sales account of sea duck products sold offline by the party concerned has not been registered, so the sales amount of offline products cannot be calculated.

The law enforcement bureau said that it will be punished according to law.

Wanning City's administrative punishment decision believes that the behavior of the parties violates the relevant provisions of the Advertising Law. The reporter inquired about the third paragraph of Article 9 of the Advertising Law, which showed that advertisements should not have the following circumstances: use? National level? 、? The highest level? 、? The best? Terms like this. Article 55 of the Advertising Law stipulates that those who publish false advertisements in violation of the provisions of this Law shall be ordered by the market supervision and management department to stop publishing advertisements, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and a fine of not less than three times but not more than five times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed.

From February to June, 2020, 10, our Taobao shop sold 58 sea ducks, and the sales amount was only 869 1 yuan. ? Mr. Chang was speechless. He said that the villagers of the cooperative made a living by raising sea ducks. At present, there are only 900 ducks in the cooperative, and only 40,000 sea ducks can make up for the fine of 400,000. We can't afford to pay the fine all our lives. The whole family lives in a tile house, and the annual income of eight people is1* * * 20,000 yuan. ? Mr. Chen thinks that the current punishment is unreasonable and will make farmers? Death penalty? He doesn't understand the standards of law enforcement, and the law enforcement bureau doesn't explain it. He said? The law enforcement bureau only looks for evidence of high fines and does not accept evidence of low fines. ?

Mr. Chang believes that the advertising law can't be popularized in rural areas, and cooperatives can use it? Duck for state banquet? Four-character packaging is not an act of deliberately deceiving consumers. ? Is my father-in-law's duck really used by the state banquet hotel? . On June 5438+05, Director Huang of Wanning Comprehensive Law Enforcement Bureau stated that Mr. Chen's behavior violated the prohibition of using advertising language in the third paragraph of Article 9 of the Advertising Law? State banquet? 、? Highest? 、? The best? And so on. ? He said that the Xiaokang brand flying duck that Mr. Chen used in Taobao shop (now off the shelf)? Duck for state banquet? The word illegal should be fined 400 thousand yuan according to law, and the comprehensive law enforcement bureau is enforcing the law.

It can be seen from the penalty decision of Wan Zong Zhi Jue Zi No.38 (202 1) that the law enforcement bureau served the notice of administrative penalty (No.950, 2020) on June 65438+February 2 1 2020, informing the parties of the facts, reasons, basis and contents of the proposed administrative penalty. On June 5438+February 2, 2020, the parties concerned submitted a written application for hearing to Wanning Comprehensive Law Enforcement Bureau, and Wanning Comprehensive Law Enforcement Bureau held a hearing according to law on June 5438+February 3, 2020.

Wanning Laughs at Kang Nanhai Professional Cooperative for Online and Offline Sales and Cattle Production and Marketing? Xiaokang brand flying duck? Marked on the series products? Duck for state banquet? The use of forbidden words such as * * * in advertisements violates Article 9 of the Advertising Law of People's Republic of China (PRC): advertisements shall not be used under any of the following circumstances:? National level? 、? The highest level? 、? The best? Such a clause? The provisions of the.

If you refuse to accept this punishment decision, you can apply for administrative reconsideration to Wanning Municipal People's Government within 60 days from the date of receiving this punishment decision, or bring an administrative lawsuit to Lingshui Li Autonomous County People's Court or Wanning Municipal People's Court within 6 months from the date of receiving this decision.

In addition, the relevant staff of Wanning Comprehensive Administrative Law Enforcement Bureau said that in 2020, the law enforcement brigade of some units in Wanning will be merged into the Comprehensive Administrative Law Enforcement Bureau, with a team of *** 10, and its administrative punishment areas include market supervision, urban management, ecological environment, labor safety, labor production and so on.