Micro-stores were fined for illegal sales of pesticides without publicizing business license information

China Economic Network Beijing, January 11, recently, the national enterprise credit information publicity system update information shows that the micro-store affiliated company Beijing Pocket Fashion Technology Co., Ltd. for the operator's sale of pesticides without publicizing the business license information, violated the first paragraph of article 15 of the "E-commerce Law", and was fined 30,000 yuan by the Beijing Chaoyang District Market Supervision and Administration Bureau.

According to the administrative penalty decision (Jingchao Municipal Supervision penalty [2022] No. 18), after investigation: on December 1, 2021, the Beijing Chaoyang District Market Supervision and Administration Bureau received the "Procuratorial Recommendation" from the "Beijing Railway Transport Procuratorate", reflecting that in the "micro-store" network platform for which the parties are responsible for operating, there are seven operators who sell pesticides without publicizing the business license information. After verification, two of the operators' two commodities have been sold before and have been removed from the shelves, but the other two pesticides are still being sold, and the licensing information has not been published.

The above-mentioned acts of Beijing Pocket Fashion Technology Co., Ltd. violate the provisions of the first paragraph of Article 15 of the E-commerce Law of the People's Republic of China, and in accordance with the provisions of the first paragraph (1) of article 76 of the E-commerce Law of the People's Republic of China, the Beijing Chaoyang District Market Supervision and Administration Bureau now orders the parties to correct the above illegal acts and decides to impose the following penalties: a fine: 30,000 yuan.

The business license of The Micro Shop shows that Beijing Pocket Fashion Technology Co., Ltd. is the main company of the Micro Shop operation. WeShop was founded in May 2011. In January 2014, the "Micro Store" APP was officially launched. At present, Weidian includes: Weidian Community, Weidian Store Manager Edition, Weidian Mall Edition, Weidian Distribution, Weidianpark and other traffic channels and software services that help merchants succeed.

Article 15 of the E-commerce Law of the People's Republic of China provides that e-commerce operators shall continuously publish business license information, administrative licensing information related to their business operations, information such as situations that do not require registration of market entities in accordance with Article 10 of this Law, or link identification of the above-mentioned information in a conspicuous position on their home page.

Where the information provided for in the preceding paragraph changes, e-commerce operators shall promptly update the publicity information.

Article 76 of the "E-commerce Law of the People's Republic of China" provides: Where an e-commerce operator violates the provisions of this Law and commits any of the following acts, the market supervision and management department shall order corrections within a time limit and may impose a fine of not more than 10,000 yuan, and the e-commerce platform operators among them shall be punished in accordance with the provisions of the first paragraph of article 81 of this Law:

(1) Failing to publish business license information, administrative license information, situations such as market entity registration situations that do not need to be handled in a conspicuous position on the home page, or link identification of the above information;

(2) Failing to continuously publicize information related to the termination of e-commerce in a conspicuous position on the homepage;

(3) Failing to clearly indicate the methods and procedures for user information inquiries, corrections, deletions, and user logouts, or setting unreasonable conditions for user information inquiries, corrections, deletions, and user cancellations.

Where e-commerce platform operators fail to take necessary measures against business operators within the platform that violate the provisions of the preceding paragraph, the market supervision and management departments are to order corrections within a time limit and may impose a fine of between 20,000 and 100,000 yuan.