The Pingxiang Intermediate People’s Court orders ten times the punitive damages in a civil public interest lawsuit against the consumption of unqualified rice
By: Date: 2021-01-07 Categories: chinesefood Tags: ,
   On January 4, 2021, the Intermediate People’s Court of Pingxiang City, Jiangxi Province sued the defendant against a grain and oil processing plant in Anfu County, a business department in Pingxiang, a trading company in Pingxiang, a shopping mall in Pingxiang, and a department store by the People’s Procuratorate of Pingxiang City, Jiangxi Province Consumption civil public interest litigation case was pronounced at the first instance. This case is the first consumer civil public interest litigation case involving unqualified rice in the province. The court ruled that a certain grain and oil processing plant in Anfu County stopped the production and sale of rice that did not meet the national food safety standards; the remaining four defendants stopped selling rice that did not meet the national food safety standards; the defendant had a grain and oil processing plant in Anfu County, a shopping mall in Pingxiang, and a certain The department store published an announcement in the Pingxiang City media or publications about the unqualified batch of rice in the recall case; the defendant paid a punitive damages of 21,000 yuan to a grain and oil processing plant in Anfu County, and apologized to the public in the press published in Jiangxi Province .
   The court found that:On January 25, 2019, a business department of the defendant Pingxiang purchased a batch of 20 packages of rice weighing 10kg, totaling 200kg, from a grain and oil processing plant in Anfu County, and then sold it to the defendant Pingxiang A supermarket in a shopping mall, the supermarket sells 15 packages, the sales amount is 1050 yuan. On February 26, 2019, this batch of rice was sampled as unqualified food by Jiangxi Provincial Market Supervision Administration for cadmium content exceeding the standard. The remaining 5 unsold packs of 100kg cadmium-exceeded rice were returned to a grain and oil processing plant in Anfu County.
   On February 12, 2019, the defendant, a trading company in Pingxiang, purchased another batch of 15 packages of rice weighing 10kg from a grain and oil processing plant in Anfu County, totaling 150kg. Afterwards, it was sold to a supermarket operated by a certain department store of the defendant, and the supermarket was all sold externally for a sales amount of 1,050 yuan. On March 13, 2019, this batch of rice was randomly inspected by Jiangxi Provincial Market Supervision Administration as unqualified food with cadmium content exceeding the standard.
   After trial, the court held that:Although the five defendants’ production and sales of unqualified rice have ended, food safety cannot be limited to remediation after a certain incident. The five defendants’ production and business activities are continuous. Food production and management should be strengthened to avoid the harm of unsafe food. Therefore, the five defendants should stop the production and sale of rice that does not meet national food safety standards. In order to eliminate the danger that may be caused by the substandard rice involved in the case, the defendant issued a recall announcement for the production and sale of substandard rice in a grain and oil processing plant in Anfu County, a shopping mall in Pingxiang, and a department store. At the same time, in order to give full play to the function of the punitive damages system, a certain grain and oil processing plant in Anfu County should bear punitive damages ten times the price of selling unqualified rice and apologize to the public in accordance with the law.
  ”Food is the heaven for the people, and safety is the priority for food.” In order to give full play to the functions of punitive damages in punishment, sanctions, deterrence, education and prevention, protect the health and safety of the public, and avoid infringers’ civil infringement For the failure of the liability, the court supported the appeal of the public interest litigant Pingxiang City People’s Procuratorate on behalf of ordinary consumers for punitive damages ten times the final sales price.
  The case is still under appeal, and the judgment has not yet taken effect.