(China Daily)
Updated: 2007-11-30 07:21

Judicial interpretations concerning the manufacture and selling of fake drugs were published by the State Food and Drug Administration (SFDA) on Wednesday to solicit public opinion.

The interpretations jointly drafted by the Supreme People's Court and Supreme People's Procuratorate are meant to curb the rampant making and selling of fake medicines, which have posed a serious threat to the lives of the public in recent years.

The current versions in use were enacted in 2001 and give mandate only to provincial level drug testing institutions to certify fake drugs and the degree of harm they may cause to patients.

The new interpretations have authorized local food and drug administrations above the county level to decide whether the drugs are fakes and may cause harm to whoever uses them according to testing results provided by institutions authorized by the SFDA.

This stipulation has made it easier for local food and drug administrations to go through necessary procedures to provide evidence and certification about bogus drugs and prosecute those who make and sell them.

One of specifications stipulates that the act of making and selling bogus drugs which have caused serious injuries or illness to more than three people and slight illness to more than 10 will be prosecuted as have caused extremely serious harm to human health.

The implication is that those who are accused of committing such a crime may face capital punishment.

Severe penalties for those who manufacture and sell fake drugs are necessary and can be a deterrence to those who dare to make dirty money at the expense of other people's lives.

What is noteworthy is the specification that those medical workers who know that the drugs are bogus or should have knowledge about them but still use them will face jail terms. Of course, if they are found to have received bribes to do so, they will face even more severe punishment.

This specification, if implemented to the letter and really puts medical workers on the alert never to use fake or low quality drugs, will hopefully set up an effective barrier to stop bogus drugs from entering hospitals and drug stores.

(China Daily 11/30/2007 page10)