The Supreme People’s Court has announced that producers and sellers of counterfeit fertilizers, pesticides, and seeds will face severe penalties!

　The Supreme People’s Court has issued the “Opinions on Providing Judicial Services and Guarantees to Promote Consumption” (hereinafter referred to as the “Opinions”), which stipulate that judicial protection of the rights and interests of producers and operators shall be strengthened, and a market order characterized by integrity, fairness, and efficiency shall be upheld.

　　The opinions emphasize the need to strengthen judicial protection of consumer rights. This will be achieved by adopting the strictest measures to safeguard food and drug safety, employing the harshest enforcement actions to dismantle the production and business chains of illegal “black workshops,” and imposing the severest liability for damages to deter the manufacture and sale of counterfeit food and drugs. Additionally, efforts will be intensified to protect consumers in prepaid‑consumption arrangements, to rectify “unfair terms” in the consumer sector in accordance with the law, to enhance protection of consumers’ rights in express delivery services, and to bolster safeguards for housing‑related consumer rights.
　　Strengthen judicial protection of the rights and interests of producers and operators. Safeguard their property rights and operational autonomy in accordance with the law. Enhance judicial protection of property rights, ensuring comprehensive, equal, and lawful protection of all types of property rights; improve the property‑rights protection system based on the principle of fairness; and fully leverage the role of property‑rights protection in incentivizing the production of goods and services, thereby helping to expand the supply of consumer goods. Protect the rights and interests of all market entities in rural areas in accordance with the law, and impose legal penalties on those who produce or sell counterfeit goods. seed , fake Fertilizer , fake Pesticide It shall, in accordance with the law, protect the legitimate rights and interests of rural market entities against illegal and criminal acts such as the sale of agricultural production materials that fail to meet national mandatory technical or safety standards, as well as counterfeit and substandard goods.
　　The opinions propose ensuring the healthy and orderly development of the platform economy. They call for accurately determining the legal liabilities of various entities, including e‑commerce platform operators, merchants operating on the platforms, and providers of freight and logistics services. The measures also aim to foster new forms of consumption by legally supporting the integrated development of online and offline retail. Furthermore, they seek to facilitate the digital transformation and upgrading of traditional brick‑and‑mortar businesses, thereby promoting the growth of new retail formats such as smart supermarkets, smart stores, and smart restaurants. In addition, the opinions stipulate lawful protection of 5G networks and gigabit optical networks, and provide legal support for the application of technologies like autonomous driving and unmanned delivery. Finally, they emphasize the proper handling of disputes arising from residential lease contracts: where small and micro enterprises or individual business households, due to the pandemic or related prevention and control measures, experience no income or a significant reduction in income, making it difficult to pay rent, and the landlord seeks to terminate the lease and hold the tenant liable for breach of contract, people’s courts should strengthen mediation efforts, guide both parties to share losses reasonably, and work together to overcome these challenges.
　　Safeguard an honest, fair, and efficient market order. Foster a market environment characterized by integrity and trustworthiness. Where producers or operators fabricate or exaggerate the efficacy of goods and services, constituting fraud, people’s courts shall, in accordance with the law, uphold consumers’ claims for punitive damages against such parties. Maintain a fair‑competition market order that promotes consumption. Regulate, in accordance with the law, market entities—including e‑commerce platform operators holding dominant market positions—against abuses of such positions, such as charging monopolistic prices or imposing forced “choose one” requirements. Advance the development of a social credit system that bolsters consumer confidence. Ensure, in compliance with the law, a safe and efficient logistics network. Further strengthen administrative adjudication, properly handling administrative cases involving the circulation of goods; while upholding, in accordance with the law, necessary epidemic‑prevention measures taken by administrative authorities, also rectify unlawful acts—such as setting up unauthorized checkpoints or obstructing logistics—that unduly interfere with microeconomic activities, thereby ensuring the normal flow of goods, facilitating smooth and orderly interregional transport of supplies, and helping to secure stable supply and prices of essential commodities.
　　The opinion states that efforts should be further intensified to enhance the quality of judicial services, with a particular focus on improving the efficiency and effectiveness of online resolution of consumer disputes. Where parties or their legal representatives are unable to appear in court due to the impact of the pandemic, eligible cases shall, in accordance with the law, proceed through online litigation. The system of judicial remedies for consumer rights should be refined, with greater coordination between public-interest civil actions and private‑interest lawsuits, and the establishment of a punitive damages regime in food‑safety public‑interest civil actions explored. Steps should be taken to build a comprehensive governance framework that fosters consumption, while strengthening public awareness‑raising efforts on judicial protection of consumer rights.

Source: Supreme People’s Court Author: Supreme People’s Court