China consults public on anti-fake drug law

10 December 2007

The Chinese government has published a draft judicial interpretation on drug counterfeiting, which lists more severe punishments for "individuals, manufacturers and health institutions involved in producing, selling and using fake drugs," according to a report by the Xinhuanet news agency. The document was prepared by China's Supreme People's Court and the Supreme People's Procuratorate. The document has been placed on the State Food and Drug Administration's web site for public comment.

The Xinhua News Agency commented that the new interpretations have lowered the level of decision making within the drug regulatory agency. This would allow local branches to investigate more thoroughly suspected cases of counterfeiting. Incidents where fake products are considered responsible for causing serious injuries to more than three people or slight injuries to at least 10, will be classed as having caused extremely serious harm to human health, a potentially capital offense under Chinese law.

A key element of the new interpretation is that health care workers, who knowingly allow fake drugs to be used, could face prison sentences, or death if they accept bribes.

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