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Crackdown on fake drug producers
CHINA plans to impose stiff penalties on individuals, manufacturers and health institutions involved in the production, sale and use of fake drugs, according to a draft judicial interpretation released by the state drug safety watchdog.
Those involved in cases where fake drugs lead to "very serious damage" may face heavy fines, life imprisonment or even the death penalty, according to the draft, jointly written by the Supreme People's Court and the Supreme People's Procuratorate.
The draft defines very serious damage as serious deformities, grievous bodily harm to more than three people or slight injury to more than 10 people.
Those who produce and sell substandard drugs that cause death, deformities or injuries may face life imprisonment, says the draft.
Hospitals that buy, store or use drugs they know to be fake or substandard will face criminal charges.
Those who provide materials, funds, facilities or other help to those who produce, distribute or sell fake or substandard drugs will also face criminal charges.
The draft also says those who sell fake or substandard medicines during natural disasters or public health emergencies will be punished heavily.
The draft says that evidence provided by drug safety administrations above county level will be sufficient for prosecution. Under current practice, evidence must come from drug safety administrations above provincial level.
The draft was posted at the official Website of the State Food and Drug Administration for public comment.
The SFDA said the draft is aimed at "punishing criminals according to law, safeguarding public health and life safety and maintaining a good order of the drug market."
The Chinese government has come under great pressure to overhaul the country's food and drug safety system after a series of controversies caused by shoddy products and corruption scandals.
Zheng Xiaoyu, former SFDA director, was executed in July this year for corruption and dereliction of duty.
One of the most notorious cases of bogus drugs was that of Qiqihar No. 2 Pharmaceutical Co, Ltd, a privately owned business in northeast China's Heilongjiang Province, whose fake Armillarisin A injections killed 13 people. The company was shut down.
The deputy director of the Food and Drug Administration of Qiqihar was sacked for negligence and 11 other city and provincial officials were punished. Five people from the drug factory went on trial in August.
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