Now "Food Hygiene Law" stipulates the punishment standard of fake wine.

Claims for buying fake cigarettes and wine "Consumer Protection Law" stipulates "one refund and three compensation" and "one fake and ten penalties" in the Food Safety Law. The Law on the Protection of Consumers' Rights and Interests is aimed at the consumption of ordinary commodities, while the Law on Food Safety is specifically aimed at the food field. According to the classification of the industrial and commercial bureau, wine is a kind of food.

Therefore, when encountering the problem of counterfeit wine, consumers can choose which law to apply. The new Consumer Protection Law came into effect on March 4, 2004 14. Among them, the amount of compensation for operators suspected of consumer fraud has been greatly increased, not only the amount of compensation has been tripled, that is, "one refund and three compensations", but also the "guaranteed amount" of consumer compensation is 500 yuan, that is, if the amount of compensation is less than 500 yuan, it will be calculated in 500 yuan.

In order to implement the relevant requirements of the National People's Congress Standing Committee (NPCSC) and the State Council, and further protect the legitimate rights and interests of consumers, the State Administration for Industry and Commerce drafted the Regulations for the Implementation of the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) (draft for review) (hereinafter referred to as the draft for review) and submitted it to the State Council.

The original text of the implementing regulations

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests (hereinafter referred to as the Law on the Protection of Consumer Rights and Interests).

Article 2 The rights and interests of consumers who purchase or use commodities or receive services for their daily consumption needs are protected by these regulations. However, these regulations do not apply to natural persons, legal persons or other organizations that purchase or use commodities or receive services for profit.

Article 3 People's governments at all levels should strengthen leadership, organize, coordinate and urge relevant administrative departments to do a good job in protecting consumers' legitimate rights and interests, study and formulate measures to protect consumers' rights and interests, promote the standardization of goods and services, standardize market order, and perform their duties of protecting consumers' legitimate rights and interests according to law.

People's governments at all levels and relevant administrative departments shall, within their respective functions and powers, comprehensively use various means to innovate supervision and service methods, strengthen the publicity and education of consumer knowledge, handle consumer complaints and reports, and investigate and deal with illegal acts that infringe on consumers' rights and interests.

Article 4 Consumer organizations, trade organizations and other social organizations and mass media should take measures to supervise the goods or services provided by business operators, give full play to the role of social organizations and mass media in protecting the legitimate rights and interests of consumers, and provide social security for consumers.

Article 5 Protecting the legitimate rights and interests of consumers is the common responsibility of the whole society, and a social governance pattern of protecting consumers' rights and interests should be established and improved by combining government supervision, self-discipline of operators, social supervision and consumer participation.

Chapter II General Provisions on Consumers' Rights and Operators' Obligations

Article 6 The places and facilities provided by business operators for consumers, such as consumption places, service facilities, store decoration, commodity display, network environment, etc. , should meet the requirements of protecting personal and property safety; For places and facilities that may endanger the personal and property safety of consumers, operators shall set up safety instructions and warning signs in a prominent position and take necessary safety protection measures.

Operators who provide high-risk sports and entertainment services to consumers or large-scale amusement facilities shall have the technical conditions and facilities to ensure the personal safety of consumers and establish a strict safety management system.

When the personal and property safety of consumers is endangered or illegally violated in the places and facilities provided by operators, operators shall give help.

Article 7 Where a business operator finds that the goods or services provided by it are defective and may endanger personal and property safety, it shall immediately report to the relevant administrative department to inform consumers, and take measures such as stopping sales, warning, recall, harmless treatment, destruction, and stopping production or services.

Where recall measures are taken, business operators who produce or import commodities shall formulate recall plans, release recall information and keep complete recall records. The necessary expenses arising from the recall of commodities shall be borne by the operators who produce or import commodities. Sellers, repairers, suppliers of parts and components, commissioned production enterprises, other service providers and other relevant operators shall assist operators who produce or import commodities to implement the recall.

Defect refers to the common situation in the same batch, model or category of consumer goods due to design, manufacture, warning signs and other reasons. , does not meet the requirements of national standards and industry standards to protect personal and property safety, or other unreasonable dangers that endanger personal and property safety.

Eighth decoration, home appliance maintenance, motor vehicle maintenance, digital product maintenance and other durable goods or services are found to have defects and disputes within six months from the date of delivery of goods or services. Operators cannot prove that the defects are not caused by the quality problems of the goods or services themselves, and should bear corresponding legal responsibilities.

Durable goods refer to goods with long service life and high technology content, and consumers may lack comprehensive cognitive ability, including but not limited to motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, mobile phones, cameras and camcorders.

Article 9 Where a business operator provides goods or services to consumers free of charge by means of rewards or additional gifts, the goods or services shall meet the mandatory standards for protecting personal and property safety or there are no other unreasonable dangers endangering personal and property safety.

References:

Baidu Encyclopedia: People's Republic of China (PRC) Consumer Protection Law