一起无兽药经营许可证经营兽药案分析

Analysis on a Case of Selling Veterinary Drugs Without a Business License

2018年3月,A省B市农业委员会接群众举报,C省某生物药品有限公司涉嫌无兽药经营许可证经营兽药。经立案调查,认定该公司违法事实存在,根据《兽药管理条例》《兽用生物制品经营管理办法》规定,依法作出"没收违法所得50 000元,罚款150 000元"的行政处罚决定。本文对该案的案件定性、违法事实认定、违法所得认定、案件调查范围及D省某生物公司库存产品的处置等内容进行了分析,并结合案情,对生产企业发证地以外经营和设立仓库应如何监管进行了思考,以期为完善兽药监管机制,严格依法行政提供参考。

In March 2018,the agricultural committee of B city of A province received a report from the public and a biopharmaceutical company in C province was suspected of selling veterinary drugs without a business license. After registration and investigation of the case,it was found that the illegal facts were clear. According to the Regulations on the Administration of Veterinary Drugs and Administrative Measures for the Operation of Veterinary Biological Products,the administrative punishment decisions of confiscation of illegal income of 50 000 yuan and a fine of 150 000 yuan were made. In this article,some details were analyzed,such as the determination of case nature, identification of illegal facts and income,the investigation scope and the disposal of inventory products. Combined with the case,some thoughts were made on how to supervise the establishment and operation of veterinary drug warehouses outside the issuing place of the manufacturing enterprises,hoping to offer some reference for improving the supervision mechanism and strictly administering the law.