On February 19, the Supreme People’s Procuratorate, the State Administration for Market Regulation and the State Drug Administration jointly issued 15 typical cases of special actions to implement the “four most stringent” requirements for food and drug safety.
Case 1:Shanghai investigates and deals with the case of food products with false production dates marked in production and operation
One. Basic case
In August 2019, the Songjiang District Market Supervision and Administration Bureau of Shanghai received a report, reflecting that Shanghai Heyi Food Co., Ltd. is suspected of tampering with the product production date. Since the whistleblower was unable to provide more and more accurate information, the Songjiang District Market Supervision Bureau formed an investigation team to conduct on-site investigations and found that the company was producing in a relatively hidden warehouse by wrong time, and the production area was locked from the inside and monitoring was installed. A slight alarm may lead to the loss of evidence. The investigation team carefully analyzed the floor plan of the production workshop, grasped the production time, personnel, and rules of the parties through the real-time monitoring system, and formulated a complete investigation plan.
At 8 o’clock in the morning on August 7, 2019, when the company employees opened the door to dump the garbage, the law enforcement officers split into two directions and quickly attacked. In the company’s outer packaging room, it was found that the employees were using rags and inkjet printers for cleaning Wipe the production date identification on the cheese smoked sausage:2019/4/17. At the same time, use the inkjet printer to reprint the code. The inkjet printer is displayed as 2019/08/07A1, and the font and font size of the two are exactly the same. The Songjiang District Market Supervision Bureau filed an investigation on the company on the same day, seized illegally produced food, inkjet printers, cleaning agents, stickers, rags and other illegal tools and equipment used to tamper with the production date, and asked on-site operators one by one. . After investigation, in order to extend the product sales period, Shanghai Heyi Food Co., Ltd., from August 1, 2019, has tampered with the production date of the backlog of products that are approaching the shelf life and the expired”cheese smoked sausage”. 1487 packs of cheese smoked sausage, 3757 packs of German classic fried sausage, 441 packs of German Thuringian fried sausage, 698 packs of German Nuremberg fried sausage, value of 177081 yuan, has been sold and the production date has been tampered with German classic fried sausage 54 packs.
Second, processing result
After , Shanghai Heyi Food Co., Ltd. recalled all 54 packs of German classic fried sausages that had been sold. The act of tampering with the production date of the food near the expiration date and beyond the expiration date violates Article 34 of the”Food Safety Law of the People’s Republic of China”. The Songjiang District Market Supervision Bureau shall comply with the”Food Safety Law of the People’s Republic of China” 120 Article 4. The food production license of the enterprise shall be revoked, the illegally produced products, tools and equipment shall be confiscated, and a fine of 3.01 million yuan shall be imposed.
3. Typical meaning
This case is a typical case of cracking down on illegal acts of tampering with the shelf life and maintaining food safety.
(1) The illegal act in this case is highly harmful, concealed, and subjective and intentional is obvious. The product involved in the case is a meat product. Meat food exceeding the shelf life will cause a large number of bacteria to grow, cause protein to spoil and deteriorate, and even produce toxins, which can easily cause infectious intestinal diseases, which brings serious hidden dangers to food safety. The illegal activities in this case are highly concealed. The license-holding company engaged in illegal activities in secret, and deliberately designed a route to evade supervision, from choosing the location of illegal production, production time (non-working hours), production personnel to shipping The ways and means have been carefully planned and arranged in advance, with obvious subjective intentions.
(2) Multiple measures are implemented in parallel to create a comprehensive law enforcement weapon. After receiving the clues of the report, law enforcement officers quickly set up a special case team and deployed them closely. After mobilizing the company’s remote video surveillance and locking down the illegal activities, he rushed to the scene as soon as possible to find the right time, and successfully entered the scene to seize the current situation, and cracked the illegal act of tampering with the production date of the product on the spot. The law enforcement department comprehensively uses various functions, uses internal reporting, remote video monitoring and other means to make illegal activities nowhere to hide, demonstrating the comprehensive law enforcement force continuously gathered by the market supervision department after the institutional reform.
(3) Accurate qualitative determination and reasonable discretion, and severely crack down on food safety violations. The case was discussed collectively at the office meetings of the two directors of the Shanghai Municipal Market Supervision Bureau and the Songjiang District Market Supervision Bureau, and the Supreme People’s Procuratorate, the General Administration of Market Supervision and other departments jointly issued the”Four Strictest Measures on Joint Implementation of Food and Drug Safety” The”Notice for Special Actions” requires accurate qualitative and reasonable judgments, severe penalties on the parties, revocation of food production licenses and fines, which echoes the social conditions and public opinion and reflects the spirit of the rule of law.
Case 2:Shandong investigated and dealt with the case of Shanghai Lazas Information Technology Co., Ltd. Jinan Branch’s failure to perform platform responsibility
One. Basic case
In June 2020, the Jinan City Market Supervision and Administration Bureau of Shandong Province used the Internet and big data to monitor and capture abnormal data on the third-party online ordering platform and found that two online catering on the”Ele.me” ordering platform Cao (Jinan Huaiyin Xinyi Fast Food Restaurant) and Wang (Xiangdangdang Fast Food Restaurant, Changqing District, Jinan City) are suspected of having not obtained a food business license and not publicizing relevant information. Law enforcement officers immediately conducted an on-site inspection of the Jinan branch of Shanghai Lazas Information Technology Co., Ltd., the operating entity of”Ele. Me”, but no information about the two stores was found on the”Ele. Me” platform. Law enforcement officers showed two videos captured by the Jinan Municipal Market Supervision Bureau. The videos showed that they had business licenses on the”Ele.me” platform”Jinan Huaiyin Xinyi Fast Food Restaurant” and”Jinan Changqing District Xiangdangdang Fast Food Restaurant”. , No food business license and quantitative grading information were seen, and the person in charge of Jinan Branch of Shanghai Lazars Information Technology Co., Ltd. approved the video.
On June 11, 2020, law enforcement officers investigated Cao (Jinan Huaiyin Xinyi Fast Food Restaurant) and Wang (Xiangdangdang Fast Food Restaurant, Changqing District, Jinan City) and investigated Shanghai Lazas Information Technology Co., Ltd. The company’s Jinan branch opened a case for investigation. After investigation, Cao (Jinan Huaiyin Xinyi Fast Food Restaurant) did not obtain a food business license, and Wang (Jinan Changqing District Xiangdangdang Fast Food Restaurant) obtained a food business license on October 16, 2016, with a quantitative classification of B Level; Shanghai Lazas Information Technology Co., Ltd. Jinan Branch did not strictly perform its platform responsibility, did not review the food business license of Cao (Jinan Huaiyin Xinyi Fast Food Restaurant), and did not publicize Wang (Changqing District, Jinan City) Xiangdangdang fast food restaurant) food business license and quantitative grading information.
Second, processing result
Shanghai Lazas Information Technology Co., Ltd. Jinan Branch’s failure to review the food business licenses of online catering service providers violated Article 62 of the”Food Safety Law of the People’s Republic of China” and”Online Catering Services” Article 8 of the Food Safety Supervision and Administration Measures stipulates that the Jinan City Market Supervision Administration shall comply with Article 131 of the Food Safety Law of the People’s Republic of China and Article 31 of the Food Safety Supervision and Administration Measures for Online Catering Services , Imposed a fine of 200,000 yuan on the unit; the illegal act of not disclosing the food business license and quantitative classification information of the online catering service provider violates the provisions of Articles 9 and 10 of the”Online Catering Service Food Safety Supervision and Administration Measures”. In view of the fact that the market supervision department has given a warning administrative penalty for the illegal act of the unit for failing to disclose and update information as required, in accordance with Article 32 of the”Online Catering Service Food Safety Supervision and Administration Measures”, Jinan City Market Supervision Administration The unit was fined 30,000 yuan. After comprehensive judgment, the Jinan branch of Shanghai Lazars Information Technology Co., Ltd. was fined 230,000 yuan.
3. Typical meaning
This case is a typical case of investigating and punishing the third-party platform of online trading for failing to fulfill its responsibilities.
(1) Solve difficult problems and broaden the ideas for handling cases. The focal issue involved in the handling of this case is the determination of the subject of punishment. The party in this case is the branch of the third-party platform provider for online food ordering, not the “third-party platform provider for online food transactions” in Article 62 of the Food Safety Law of the People’s Republic of China. Therefore, whether the branch has reviewed the Internet access The obligation of the qualification of the food business operator is the core issue of the investigation and handling of the case, and it directly relates to whether the illegal facts of the case are established. In order to investigate and verify the above-mentioned problems, law enforcement officers conducted a two-way investigation on the parties and the online catering industry, and obtained important evidence to determine the illegal fact that the branch did not perform the duty to review the license for the online food business operator.
(2) Implement the”four most stringent” requirements and impose top penalties. Food safety is as big as the sky, and law enforcement officers uphold the concept of implementing the “four strictest” requirements for food safety, and take the lead. While investigating the case, they have carefully sorted out the law enforcement files of the local market supervision department in the past two years. , Found that the unit has been given administrative punishment for the same illegal conduct. According to the relevant provisions of the”Shandong Market Supervision Administration’s Application of Administrative Punishment Power (Trial)”, the unit was given a top-level punishment of 230,000 yuan. The most severe penalties will effectively crack down on illegal activities of the ordering platform. After issuing the administrative penalty decision, the supervisory department promptly publicized the administrative penalty information to the public in accordance with the law, warning and urging third-party platforms and online catering businesses to operate legally, effectively deterring illegal activities in the online catering market.
(3) Explore”network management” and innovate law enforcement mode. In today’s popularization of”online ordering”, the traditional food safety supervision model faces regulatory blind spots, difficulties and pain points in the face of new formats such as”online ordering”. It is difficult to rely solely on law enforcement personnel to inquire manually. Clues of criminals have been found in Internet information, and it is imperative to explore a new mode of supervision. In this case, with the help of the “network management network” supervision method, big data monitoring technology was used to implement comprehensive real-time monitoring of the online catering platform, from which relevant clues were captured, illegal evidence was locked, and the existence of the online catering service field was investigated and dealt with in a timely, efficient and strict manner. Food safety violations.”Using the network to manage the network” effectively solves the bottleneck of traditional manual monitoring that is difficult to accurately monitor with massive and dynamic data in the past, so that law enforcement officers can quickly grasp clues and achieve precise law enforcement.
Case Three:Jiangsu investigated and punished a certain Nanjing restaurant management company without permission to engage in beer production activities
One. Basic case
On May 11, 2020, the Nanjing Municipal Market Supervision Bureau of Jiangsu Province received a report, reflecting that a Nanjing restaurant management company has not obtained a license to produce beer. After checking before the case, a catering management company in Nanjing has a valid business license and food business license. The Nanjing Municipal Market Supervision Bureau went to the company to conduct an on-site inspection. After investigation, the company signed a cooperation agreement with Fujian Yuewei Catering Management Co., Ltd. from March to April 2020. Fujian Yuewei Catering Management Co., Ltd. entrusted Shandong Yangchun Beer Co., Ltd. The company produces German craft beer and supplies it to a Nanjing Catering Management Co., Ltd. for exclusive sales in Jiangsu Province; the company claims that it is producing beer on a trial basis and has not sold it to the outside world. The company’s accounting and sales records fail to confirm the existence of unauthorized beer production. behavior. In order to clarify the case, law enforcement officers started from the outside and went to Shandong and Fujian to investigate and found that as of the incident, Fujian Yuewei Catering Management Co., Ltd. had only provided 1,299 barrels of beer and 5 liters per barrel, which was compared with the sales volume of the involved companies. The specifications are inconsistent. After in-depth investigation and verification, it was confirmed that a Nanjing Catering Management Co., Ltd. produced and sold 144 barrels in 20-liter barrels, 765 barrels in 5-liter barrels, and 106 liters in bags without a food production license. The total value is 58488.3 yuan and the illegal income was 24357 yuan.
Second, processing result
A catering management company in Nanjing did not obtain a food production license to engage in beer production activities in violation of the provisions of Article 35 Paragraph 1 of the Food Safety Law of the People’s Republic of China, and Nanjing Municipal Market Supervision Administration confiscates the company illegally An administrative penalty of RMB 24,357 and a fine of RMB 585,000.
3. Typical meaning
This case is a typical case of engaging in food production without permission under the cover of franchising.
(1) Careful deployment and effective collaboration. After receiving the clues, the Nanjing Municipal Market Supervision Administration immediately reported to the Jiangsu Provincial Market Supervision Administration. The Provincial Market Supervision Bureau guided the Nanjing Municipal Market Supervision Bureau to conduct a serious and comprehensive analysis and research on the relevant clues in conjunction with the public security department. The detailed planning and action plan clarified the specific implementation steps, work groups, division of labor and specific responsibilities, etc., pointed out the direction and goals for the handling of the case, and laid a solid foundation for the smooth investigation of the case. At the first scene, the public security personnel played an important role in controlling the scene and ensuring the personal safety of law enforcement personnel. The law enforcement personnel worked in groups to control each scene, reducing the reaction time and processing space of the parties as much as possible, in order to achieve the first place on the scene. Hand evidence provides a strong guarantee.
(2) Actively act to overcome difficulties and thoroughly investigate cases. The illegal acts in this case are concealed, and the parties have valid business licenses and food business licenses, and sell their own beer under the cover of beer franchise and beer trial production. Obtaining evidence is difficult, and all accounts and sales records cannot directly identify the behavior of producing and selling beer by itself. There is less direct evidence, and only a small part of the evidence that the beer in bags is produced and sold in sub-packages has increased the difficulty of handling cases. However, the law enforcement officers, despite the difficulties, adjusted their case-handling strategies in a timely manner to overcome the adverse effects of the new crown pneumonia epidemic. They went to Shandong and Fujian for investigations and collected evidence from the periphery, which won the opportunity for the smooth handling of the case.
(3) Helping enterprises to resume work and production, law enforcement has temperature. In view of the fact that the party concerned applied for a food production license to the Nanjing Municipal Service Center before the incident, and the beer produced was inspected and qualified, combined with the Central Committee of the Communist Party of China and the State Council, relevant enterprises and individual businesses should be supported during the epidemic in China, and actively promote the resumption of work and production At the same time, in order to support young people’s entrepreneurship and the development of small and micro enterprises, the Nanjing Municipal Market Supervision Administration will guide the company to apply for food production licenses and resume production and operation after the company has performed administrative punishment.
Case 4:The 57th branch of Henan Wuyang County Minkang Pharmaceutical Co., Ltd. sold inferior drugs
One. Basic case
On January 2, 2020, the Wuyang County Market Supervision and Administration Bureau of Henan Province inspected the 57th branch of Wuyang County Minkang Pharmaceutical Co., Ltd. for the replacement of the drug business license and found that the drug sold in the store was”Guangjian”Haodan Pills (9 bottles) have expired. The store is equipped with a substandard medicine box, which is located on the south side of the medicine cool cabinet on the east side of the store. However, the medicine is not placed in the substandard medicine box, but placed in the table in front of the OTC pill shelf on the west side of the store entrance. The placement location is neither marked with warnings such as”expired”, nor can it provide the unqualified drug record account of the expired drug, and the computer system display inspection record does not display the record of the expired drug. The store’s behavior is suspected of violating the provisions of Article 98, Paragraph 1, of the Drug Administration Law of the People’s Republic of China. Wuyang County Market Supervision and Administration Bureau decided to open a case for investigation on January 3, 2020.
After investigation, the 57 branch of Wuyang County Minkang Pharmaceutical Co., Ltd. purchased the production of Guangzhou Yuehua Pharmaceutical Co., Ltd. from Zhoukou Tianjiukang Pharmaceutical Co., Ltd. at a unit price of 1.70 yuan per bottle on February 3, 2018. 20 bottles of the OTC drug”Guangjian” brand Huodan Pills are sold at a price of 1.80 yuan per bottle. The content marked on the outer packaging of the drug is:Guangjian, OTC, Huodan Pills, manufacturer:Guangzhou Yuehua Pharmaceutical Co., Ltd., product batch number:171001, production date:20171012, valid until 201909, solid medical plastic bottles (high Density polyethylene) packaging, 36 grams per bottle.
On January 3, 2020, the Wuyang County Market Supervision and Administration Bureau inspected the store again in accordance with the law. No purchase, sale or purchase of the drug”Guangjian” brand Huodan pills was found in the computer operated by the store. Display the records of inspections, expired medicines and near-expired medicines. No relevant records of the drug”Guangjian” Huodan Pills were found in the store’s sanitary inspection record sheet and the summary record of the drug quality inspection on display. Law enforcement officers extracted the sales (review) list and qualification documents of Zhoukou Tianjiukang Pharmaceutical Co., Ltd., the supplier of the drug”Guangjian” brand Huodan Pills. After investigation by the relevant person in charge of the store, it was confirmed that the store did not record the sales of the drug”Guangjian” brand Huodan pills.
On January 14, 2020, the Wuyang County Market Supervision and Administration Bureau conducted a sampling inspection of the seized drug”Guangjian” brand Huodan Pills according to law, and the conclusion was that the inspected items complied with the 2015 edition of the Chinese Pharmacopoeia. Ministry and Ministry 4 requirements.
2. Processing result
On April 16, 2020, the Wuyang County Market Supervision and Administration Bureau concluded its investigation and concluded that the 57 branch of Wuyang County Minkang Pharmaceutical Co., Ltd. sold inferior drugs”Guangjian” brand Huodan pills, which violated the”Chinese People The provisions of Article 98 of the Drug Administration Law of the Republic of China that”prohibit the production (including compounding, the same below), sale, and use of counterfeit and inferior drugs” belong to the act of selling inferior drugs. In view of the fact that the parties involved in the sales of inferior drugs during the business process are relatively small, they can actively cooperate with the investigation during the investigation of the case, truthfully explain the illegal facts and can proactively provide relevant evidence materials. As of the incident, no complaints have been received from patients about adverse reactions after using the above-mentioned drug Huodan Pill, which is less harmful to the society and has not yet reached the conditions for prosecuting the parties for criminal responsibility. It is determined that the parties’ violations are “lighter” in the circumstances. The decision was made to fine 100,000 yuan and confiscate 9 bottles of the illegally sold inferior drug”Guangjian” Huodan Pills.
3. Typical meaning
Drugs are special products closely related to the lives, health and safety of the general public. Drug retail companies are the terminals for patients to purchase drugs. The timely confirmation, recording and disposal of expired drugs must be strictly managed to prevent possible occurrence of expired drugs after they are sold. It will delay the disease, affect human health, and even aggravate the disease until it endangers life, and bring undue pain and loss to the patient. Intensifying law enforcement efforts to crack down on the manufacture and sale of counterfeit and inferior medicines is the bounden duty and responsibility of the market supervision department. The crackdown on the manufacture and sale of counterfeit and inferior medicines must focus on the focus, focusing on finding the source of the case, determining evidence, and handling iron cases. In this case, the relevant supervision and law enforcement departments of the market supervision department actively cooperated, reported the source information in a timely manner, responded quickly, and fixed the evidence materials and witness testimonies of the parties’ violations at the first time, effectively deciphering the market supervision department’s crackdown on counterfeiting. In the process of drug inferiority, the evidence is difficult to fix and the sales link is difficult to determine.
The market supervision department resolutely implements General Secretary Jin Ping’s”four strictest” requirements on food and drug safety, and in accordance with the newly revised Drug Administration Law, has increased penalties for the production and sale of counterfeit drugs and substandard drugs in order to curb The illegal activities of manufacturing and selling counterfeit drugs and inferior drugs have laid a solid foundation to better protect the people’s safe use and safe use of drugs.
Case 5:Jiangsu Suzhou Xilai Ya Cosmetics Co., Ltd. operates cosmetics that fraudulently use other people’s factory addresses and publishes false advertisements
One. Basic case
On September 24, 2019, Pan Moumou, Wu Moumou, Zhao Mou and many others reported to the drug supervision department that:Jiangsu Suzhou Xilai Ya Cosmetics Co., Ltd. (hereinafter referred to as the”participant”) existed and was not registered Address various illegal activities such as conducting business activities, selling cosmetics that do not meet hygiene standards, and false propaganda.
After receiving the report, the law enforcement officers of the Suzhou Industrial Park Market Supervision Administration conducted a preliminary verification of the situation of the parties. After approval, the case was opened for investigation on October 16, 2019. After the case was filed, the case handlers conducted on-site inspections of the parties’ registered addresses, asked the client’s entrusted agent Zhang XX, investigated the cosmetics manufacturers involved, and asked multiple cosmetics distributors across the country. The investigation was completed in August 2020. After investigation, it was found that the parties involved had the following behaviors:1. The parties did not carry out business activities at the registered address of the business license; 2. The parties operated the beauty cream that fraudulently used the name and site of Shandong Zhushi Pharmaceutical Group Company, and a total of two batches were verified. , A total of 2506 boxes, the value of which is 348,334 yuan; 3. The parties issued false advertisements in the process of operating beauty cream:claiming that their products are”CCTV CCTV partner brands” and”one bottle solves 10 major skin problems-dark yellow , Roughness, acne, acne marks, eczema, pityriasis rosea, stains, hormonal face allergies, enlarged pores, dull complexion”, etc. The above content is false.
Second, processing result
In response to the above behavior, the Suzhou Industrial Park Market Supervision Administration, under the guidance of the Jiangsu Drug Administration and Suzhou Inspection Branch, determined that the party’s behavior violated Article 8 of the”Administrative Regulations on Cosmetic Labeling” and”Product Quality of the People’s Republic of China” Article 37 of the Law of the People’s Republic of China, Article 29 of the “Regulations on the Administration of Company Registration of the People’s Republic of China”, and Article 28 of the “Advertising Law of the People’s Republic of China”, and finally order the parties to stop selling and using other people’s factory names. For the products at the factory site, the effect of false advertising shall be eliminated within the corresponding scope, and a fine of 940,000 yuan shall be imposed and the business license shall be revoked. On October 13, 2020, the”Administrative Punishment Decision” was issued to the parties.
3. Typical meaning
This case is a typical illegal case of online cosmetics sales, including some typical characteristics of this type of illegal behavior:such as not actually operating in the place where the business license is registered, publishing false advertisements, etc. The investigation of this case lasted for a year, involving multiple product inspections, product identification, coordinated investigations in other places, external investigations, verification and evidence collection, remote online inquiries, and consultation with higher-level supervisory units, and many other links. In the end, the case-handling personnel collected sufficient evidence and confirmed the illegal facts.
(1) Strengthen case investigation and handling exchanges, and intervene in advance of execution connection. At the beginning of the investigation of the case, around the parties suspected of operating cosmetics that did not meet the hygiene standards, the investigators promptly intervened in advance with the Park Branch of the Suzhou Public Security Bureau, and reported the relevant case to the Suzhou Industrial Park People’s Procuratorate. After negotiation, the Market Supervision Bureau and the Public Security Bureau will jointly handle the case, and jointly send the case-handling personnel to Shanxian County, Shandong Province, where the cosmetics production unit (Shandong Zhu’s Pharmaceutical) is located, to conduct investigations and evidence collection, and inspect the sixth branch of the Shandong Provincial Drug Administration. With the cooperation, a comprehensive inspection of the production information of this cosmetic was carried out, and the basis for determining that the parties involved did not meet the hygiene standards of the cosmetics was insufficient. However, during the investigation, it was discovered that the two batches of beauty creams sold by the parties with batch numbers 20190112 and 20190122 were not produced by Shandong Zhu’s Pharmaceutical, and it was finally confirmed that the parties involved were illegally operating cosmetics that used the names and addresses of others.
(2) Multi-party expansion of evidence collection and fixation of illegal facts. In order to ascertain the specific quantity and amount of cosmetics that the parties were operating in fraudulent use of other people’s factory names, the investigators contacted a total of 14 distributors of this cosmetics scattered in more than 10 provinces and cities across the country. Due to the fact that it was not possible to conduct forensic investigations on these dealers during the epidemic period, the investigators finally completed the inquiry and investigation of the 14 dealers through remote physical evidence acquisition and online video inquiry, and obtained their purchase records and payment one by one. Records, logistics information and other evidence materials, and finally verified that the number of cosmetics operated by the parties who fraudulently used other people’s factories and addresses was 2,506 boxes, with a value of 348,334 yuan.
(3)”Zero confession” against the parties, with sufficient reasoning and complete procedures. In the middle and later stages of the administrative investigation, the parties did not cooperate with the administrative investigation, the legal representative could not be contacted, and the entrusted agent did not accept the inquiry investigation on excuses. In this regard, the case handlers strictly abide by and implement the administrative procedures stipulated by law on the one hand, such as confirming to the parties The address for serving legal documents and issuing the”Notice of Providing Materials within a Time Limit”, etc., fully protect the rights of the parties and inform them of their due legal obligations; on the other hand, timely change the thinking of handling cases, and carry out evidence collection work and sort out comparisons around downstream distributors For witnesses’ testimony, a complete chain of evidence was formed, and the parties’ illegal facts were finally identified in accordance with the law in the case of “zero confession” and administrative penalties were imposed.
Case 6:Guangdong Guangzhou Hongya Cosmetics Co., Ltd. uses prohibited cosmetics to produce special-purpose cosmetics that have not been approved
One. Basic case
On February 13, 2017, the former Guangzhou Food and Drug Administration (hereinafter referred to as the”Guangzhou Bureau”) based on the former Guangzhou Baiyun District Food and Drug Administration’s 2016 review of the original State Food and Drug Administration’s unqualified The notification of cosmetics involved in the case involving the detection of the prohibited substance “clobetasol propionate” for the “Biyutang Biological Polypeptide Fading Mask” produced by Guangzhou Hongya Cosmetics Co., Ltd. (hereinafter referred to as the “party”) The company conducted the second follow-up inspection and conducted an in-depth investigation of the parties concerned. In the above two inspections, the law enforcement officers failed to find that the parties involved had produced the physical products involved in the case and related production and sales records. The parties refused to admit that they had produced the substandard products involved in the notification. At the same time, the entrusting party of the product identification in the case went to the official The company also denied that it had commissioned the production of the products involved.
The law enforcement officers conducted a detailed inspection of the entrusted production relationship between the parties and Shangguan’s company, and found out that Shangguan’s company had only commissioned the parties to produce products under the Biyutang brand, and the parties had also accepted Shangguan’s company for a long time. The commissioned production of cosmetics, and commissioned the production of Biyutang brand products. Therefore, the law enforcement officers chose the above Guanshi Company as the breakthrough point for the investigation. After many investigations and questions, Shangguan Company finally admitted that it had sold the products involved in the case, and issued evidence that the products involved were produced by the parties involved. In the face of the evidence provided by Shangguan Company, the parties finally admitted that the products involved were produced by them, and confirmed that prohibited cosmetics were added during the production of the products involved, and that the above-mentioned products had a spot-lightening effect and belonged to unapproved special-purpose cosmetics.
It was found out that in January 2016, the parties involved used the banned material”clobetasol propionate” for cosmetics to produce special-purpose cosmetics”Biyutang Biological Polypeptide Fading Mask” 140 In November 2016, 118 boxes of special-purpose cosmetics”VC Essence Antioxidant Skin Rejuvenation and Whitening Mask” were produced in November 2016 and the total illegal income was 1,156.40 yuan.
Second, processing result
The behavior of the parties involved in the production of cosmetics and special-purpose cosmetics for which the approval number is not obtained by using banned raw materials for cosmetics violates the provisions of Article 8 and Article 10 Paragraph 1 of the”Regulations on Cosmetic Hygiene Supervision”. At the same time, the above-mentioned products produced by the parties did not have relevant records and finished samples, which violated Article 41, 48, 49 and 55 of the”Hygiene Regulations for Cosmetic Manufacturers” (2007 Edition). The provisions of the second paragraph of Article 2 comply with the provisions of Article 18, paragraph 2 of the”Regulations of the Guangzhou Food and Drug Supervision System Regulations on Administrative Punishment Discretion”, and the circumstances may be severely punished; the parties fail to truthfully provide information related to the matter under inspection or Providing false information and committing illegal acts during major activities and special rectification periods, in compliance with the”Guangzhou Food and Drug Supervision System Regulations on Administrative Punishment Discretionary Powers” Article 10 Paragraph 1 (10) and Paragraph 2 (4) The circumstances stipulated in this item shall be severely punished. After a comprehensive judgment, in accordance with Article 25 of the “Regulations on Cosmetic Hygiene Supervision”, on June 16, 2017, the Guangzhou Municipal Bureau imposed a heavier penalty of confiscation of illegal income of 1,556.40 yuan and a fine of 7,110.72 yuan, and imposed a heavier penalty on the party concerned. The Provincial Food and Drug Administration (hereinafter referred to as the”Guangdong Provincial Bureau”) requested the cancellation of the cosmetics production license of the party concerned. Based on the case file and relevant records provided by the Guangzhou Municipal Bureau, the Guangdong Provincial Bureau reviewed the relevant evidence and case-handling procedures, and determined the illegal acts involved by the parties; in view of the fact that the above-mentioned illegal acts of the parties complied with the”Guangdong Province Standards for Freedom of Administrative Punishment” Article 15 of the “Regulations on Discretionary Powers” and Article 6 of the “Regulations on the Application of Discretionary Powers in Regulating Administrative Penalties of the Guangdong Food and Drug Administration” on”heavier punishments” are based on Article 25 of the Regulations on Cosmetic Hygiene Supervision According to the regulations, the Guangdong Provincial Bureau revoked the cosmetics production license of the party concerned on August 13, 2018.
3. Typical meaning
This case is an in-depth investigation based on the unqualified cosmetics reported by the former State Food and Drug Administration. It is difficult to obtain evidence during on-site inspections and the parties denied the production. The law enforcement officers did not easily conclude that the products involved were not produced by the parties. Instead, the product commissioned manufacturer was used as a breakthrough point to conduct in-depth investigations, and finally to verify the fact that the parties produced substandard cosmetics, and severely punished and revoked their cosmetics production license in accordance with the law. The successful handling of this case has effectively cracked down on the illegal use of banned raw materials and production of special-purpose cosmetics that have not been approved by the cosmetics manufacturers. It reflects the implementation of the”four strictest” by the drug regulatory authority and resolutely safeguarding the public’s makeup. The determination to be safe is of reference significance for how to handle illegal addition cases.
Case 7:Shanghai Han XX, Hong XX produces and sells toxic and harmful food, Yu XX illegal business case
One. Basic case
From July 2018 to March 2019, the defendants Han Moumou and Hong Moumou jointly hired others to produce”Slimming Coffee” supplemented with sibutramine in Zhoukou City and Shangqiu City, Henan Province. At the same time, it produces sales websites and false anti-counterfeiting QR codes, and sells them to Shanghai and other places through online channels. In the meantime, Han was responsible for purchasing raw materials such as sibutramine and coffee powder, and supervising the production of weight-loss coffee. Hong XX is responsible for sales and fund management. The sales amount of both Han and Hong reached 8.33 million yuan. After inspection, sibutramine was found in the seized coffee. It was also found that since January 2018, defendant Yu Moumou knew that the country prohibited the production, sale and use of sibutramine within the country, but he still bought it from others and sold it to Han Moumou many times, and the amount of illegal business amounted to 210 More than ten thousand yuan.
二. Litigation process
On November 28, 2019, the Shanghai Railway Transport Procuratorate filed a public prosecution with defendants Han Moumou and Hong Moumou guilty of producing and selling toxic and harmful food, and defendant Yu Moumou guilty of illegal business operations. On September 28, 2020, the Shanghai Railway Transportation Court determined after hearing that the defendants Han and Hong hired others to produce and sell diet coffee mixed with sibutramine, which is prohibited by the state in food production and sales. , The two committed a joint crime. For Han XX and Hong XX for the crime of producing and selling toxic and harmful food, they were sentenced to 15 years in prison, three years of deprivation of political rights, and a fine of 10 million yuan; Hong XX was sentenced to 12 years in prison, deprivation Political rights for one year, a fine of 7 million yuan. The defendant Yu Moumou committed the crime of illegal business operations and was sentenced to three years in prison and fined. The defendant Han XX refused to accept the judgment of the first instance and filed an appeal. On November 6, 2020, the Shanghai Third Intermediate People’s Court ruled to reject the appeal and uphold the original judgment.
3. Typical meaning
(1) Strictly investigate criminal clues to achieve a”full chain” attack on toxic and harmful diet coffee. During the process of review and prosecution, the prosecution found that when Han was making and selling the weight-loss coffee involved, he had purchased a large amount of sibutramine through the same channel many times, so he transferred the clues to the public security organs to guide the investigation of the raw material providers. Later, the public security agency detected the crime of Yu XX illegally operating sibutramine, and the procuratorial agency filed a public prosecution with Yu XX for the crime of illegal business operation. At the same time, in view of the fact that the production and marketing model of Han and Hong’s coffee production and sale has become large-scale, organized, and chained, the procuratorial agency carefully sorted out electronic data, carefully eliminated clues, and guided the public security agency to verify offline sales. In the case of agency, three sales agents were prosecuted for selling toxic and harmful food, and all were convicted by the court. As a result, a”full coverage” attack was formed against the raw material providers, main personnel of manufacturing and sales dens, and offline sales agents in this case, which effectively deterred the crime of manufacturing and selling toxic and harmful weight-loss products.
(2) Supplementary investigations on their own and implement the”most severe punishment”. When the public security organs transferred for review and prosecution, it was determined that Han and Hong had sold toxic and harmful weight-loss coffees with a total sales value of more than 4 million yuan. The procuratorial agency carefully reviewed the evidence and found that the actual amount of toxic and harmful weight-loss coffee sold far exceeded that amount. It then supplemented the investigation work by itself, sorted out the data one by one, and combined logistics records, price lists, and confessions from offline agents. After confirming the number of sales that can be confirmed by evidence and the unit price of each batch of product transactions, self-recovery of the missing crime amount exceeded 4 million yuan, and finally calculated that the sales amount of Han and Hong was more than 8.33 million. The production and sale of toxic and harmful food by Han XX and others with a production and sales amount of more than 500,000 yuan fall under Article 144 of the Criminal Law to”have other particularly serious circumstances.” Severe punishment is imposed on the penalty, which reflects the most severe punishment for crimes endangering food safety.
(3) Remind consumers to increase their awareness of prevention and effectively curb the expansion of the scope of harm. The weight loss coffee involved in the case has a large online sales volume and a wide range, and its toxic ingredients may endanger the physical and mental health of many online consumers. The procuratorial organ promptly initiated the public interest litigation review procedure, and for the first time explored the”pre-litigation consumer risk warning” in order to prevent the consequences of damage from expanding. In the pre-litigation investigation stage, the urgency and timeliness of public welfare relief in the field of food safety were clarified through the holding of expert demonstration meetings and other forms, and urged Han to publish the”Give the World Slimming Coffee” Risk Warning on the national media. Declare the harm of the coffee involved in the case to consumers and publicly apologize, in a timely manner to prevent the harm from spreading. In addition, the procuratorial organs used news media, online self-media and other methods, combined with case handling to publicize the hazards and identification methods of coffee containing”sibutramine” to remind consumers to enhance their awareness of prevention and promote scientific weight reduction.
Case 8:Jiangsu Xie and Wang production and sales of food products that do not meet safety standards
One. Basic case
Since 2016, the defendants Xie, Yang, and Song (handled in another case) knew that the sale of smuggled frozen beef products that had not been inspected and quarantined was illegal, from the defendants Lin XX and Wang XX. Others bought frozen beef, tripe and other products smuggled into the country many times. After Xie and Song received the above-mentioned products, they sold them to vendors operating cooked food in the urban and rural farmers’ markets in Pizhou City, Jiangsu Province. The defendant Cao Moumou and other 8 people purchased and processed mature food for sale. The product involved was more than 100,000 kg. The personal sales amount of the defendants Xie, Lin, Wang, and Cao all exceeded 1 million yuan. Public security organs seized more than 20,000 kilograms of smuggled frozen beef and cattle by-products in the cold storage leased by Xie and Song. The meat products involved in this case come from areas in my country where the import of meat products is prohibited for disease prevention and control. The outer packaging is in foreign languages, and the corresponding factory name and factory number are not in the”Countries or regions that meet the requirements of the General Administration of Customs to export to China” In the List of Meat Products, there is no customs declaration certificate or inspection and quarantine certificate.
2. Litigation process
From March 7, 2020 to November 19, 2020, the People’s Procuratorate of Pizhou City, Jiangsu Province successively charged the defendants Xie and Wang for the crime of selling food that did not meet safety standards, and the defendant Cao A certain group of 8 persons guilty of producing and selling food that did not meet safety standards filed a prosecution with the People’s Court of Pizhou City, Jiangsu Province.
From July 9, 2020 to December 16, 2020, the People’s Court of Pizhou City, Jiangsu Province successively made first-instance judgments and found that the defendant Xie and four others were guilty of selling food that did not meet safety standards. The defendant Cao Moumou Other 8 people were guilty of producing and selling food that did not meet safety standards. Among them, the defendant Xie was sentenced to five years and four months in imprisonment and a fine of RMB 6 million. The remaining defendants were sentenced to five months of detention to four and three months in prison, and a fine of RMB 7000 to Penalties ranging from 3.5 million yuan. The verdict announced that the defendants Yang and Ma were prohibited from engaging in food processing and sales activities during the probation period. The judgment of first instance has taken effect.
3. Typical meaning
(1) The production and sale of smuggled frozen beef products are harmful to the society and should be severely cracked down. Smuggled frozen beef and cattle by-products are commonly known as”drift goods.” It is difficult to maintain constant freezing conditions during transportation of”floating goods”. It may undergo the process of”thawing” and”re-freezing”, which can easily breed various bacteria, and food safety cannot be guaranteed. Importing meat products from countries where animal diseases are endemic or importing cold-chain foods from areas with severe COVID-19 epidemics will pose a major risk to the health of the people. Such crimes should be severely cracked down. At the same time, consumers are reminded to be good at identifying in the process of buying frozen meat products and beware of buying “floating goods”.
(2) Strengthen the comprehensive use of penalties and deprive offenders of the ability to commit crimes again. The crime of endangering food is a crime of corruption. We should pay attention to the application of fine penalties while making good use of free punishment, increase the cost of illegal crimes, and realize the value pursuit of judicial fairness and justice. The procuratorial agency used the”sales amount” as the basis for judging fines when proposing sentencing recommendations, and strictly grasped the application of fines. It proposed to impose a fine of more than twice the sales amount and was accepted by the court, and severely punish crimes in terms of property penalties. Large economic sanctions deprive criminals of the ability to commit crimes again.
(3) Precisely prepare and issue procuratorial recommendations to ensure the”safety on the table” of the people. The perpetrators of this series of cases were mostly family workshops, who built small cold storage at home for storage, cooking and processing, and then transported them to urban vegetable farms or township markets for external sales. The procuratorial organs through in-depth market and market visits, combined with the characteristics of low thresholds, wide scope, high hidden dangers, and difficulty in combating cases, put forward procuratorial recommendations to the administrative authorities in terms of special rectification, organization and implementation of inspections, and strengthening of publicity and education. The administrative department attaches great importance to it, formulates rectification plans in a timely manner, quickly establishes a sound law enforcement linkage mechanism, carries out special rectification of meat safety and establishes file inspections for cold storage in the jurisdiction. At the same time, in conjunction with the member units of the Food Safety Committee, a”Food Safety Publicity Week” was held to showcase the results of cracking down on food safety violations and crimes, play the role of case warnings, and enhance the people’s awareness of food safety and legal rights.
Case 9:Production and sales of counterfeit medicines by Li Moumou in Anhui
One. Basic case
In October 2017, the defendants Li Moumou and Wang Moumou jointly negotiated the sale of counterfeit drugs. Li Moumou was responsible for supplying goods and customers, Wang Moumou was responsible for packaging and after-sales. Wang Moumou hired the defendant Qi Moumou to process and package the medicines in Hefei City, Anhui Province. Later, the defendant Li Moumou successively sent the fake medicines to Wang Moumou’s residence for processing, packaging and sales. On January 16, 2018, the public security agency seized a large number of”benazepril hydrochloride tablets”,”rosuvastatin calcium tablets”,”atorvastatin calcium tablets”, and”aspirin” in processing dens in Hefei City.”Enteric-coated tablets” and other drugs. The total amount of production and sales is more than 3 million yuan. After inspection by the Hefei Food and Drug Inspection Center, the drugs seized above were all counterfeit drugs that did not meet the national drug standards.
2. Litigation process
On January 11, 2019, the People’s Procuratorate of Baohe District, Hefei City, Anhui Province filed a public prosecution with the defendants Li Moumou, Wang Moumou, and Qi Moumou for the crime of producing and selling counterfeit medicines. . On July 22, 2019, the Baohe District People’s Court of Hefei City, Anhui Province made a first-instance judgment and sentenced the defendants Li Moumou, Wang Moumou, and Qi Moumou to 12 to four years in prison for the crime of producing and selling counterfeit drugs. In addition, a fine was imposed and the illegal gains of the three defendants were recovered. The defendants Li Moumou and Wang Moumou appealed against the judgment of the first instance. On September 9, 2019, the Intermediate People’s Court of Hefei City, Anhui Province ruled to reject the appeal and uphold the original judgment.
3. Typical meaning
(1) The behavior of producing and selling counterfeit drugs directly endangers the lives and health of the people and causes great social harm. Drugs such as”benazepril hydrochloride tablets” are mainly used to treat cardiovascular and cerebrovascular diseases. Counterfeit drugs flow into the market, which directly endangers the lives and health of patients with cardiovascular and cerebrovascular diseases, and causes great social harm. The drugs involved in the case were all counterfeit drugs from regular manufacturers, and they were all counterfeit drugs that did not meet the national drug standards after inspection. The defendant’s actions violated the crime of producing and selling counterfeit drugs and counterfeiting registered trademarks and should be punished with one felony. The criminal responsibility of Li Moumou, Wang Moumou, and Qi Moumou for the crime of producing and selling counterfeit medicines was investigated, and punishments were severely punished to effectively deter the crime of producing and selling fake medicines.
(2) Strengthen cooperation with public security organs to form a complete chain of evidence. The defendant Li Moumou refused to admit that he cooperated with Wang Moumou and others to produce and sell fake drugs. The procuratorial organs and the public security organs actively communicated and cooperated, retrieved WeChat records between Li and Wang, and verified the drug sales information, courier number pictures, WeChat call records, transfer records, and related information in the chat records of both parties. Bank records, bank account usage, Lee’s withdrawal video, etc., and voiceprint identification of WeChat voice, confirming that the WeChat is indeed used by Lee. Combined with the stable confession of the accomplice, a complete chain of evidence was formed, and the fact that Li XX sold counterfeit drugs was confirmed.
Case 10:Beijing Zhang XX and other 8 people faked”Quanjude” roast duck
One. Basic case
From January to August 2019, the defendant Zhang Moumou and Lin Moumou (handled in another case) had not obtained the entrustment or authorization of China Quanjude (Group) Co., Ltd. (hereinafter referred to as”Quanjude Company”), Purchased a large amount of packaging materials marked with the registered trademark”Quanjude”, and the defendant Zhang Moumou was responsible for transporting the packaging materials and collecting the payment. After verification, the defendant Zhang transported more than 280,000 pieces of packaging materials with the registered trademark of”Quanjude”, and seized more than 230,000 pieces of packaging materials with the registered trademark of”Quanjude” that were not yet sold on site. After identification, the above signs are all illegally manufactured registered trademark signs.
From June 2018 to August 2019, the defendant Tan Moumou and other 6 persons purchased a large number of registered trademarks labeled”Quanjude” from Lin Moumou and others without being entrusted or authorized by Quanjude Company The packaging materials of the company are imported into vacuum packaging machines, burritos, sauces and vacuum-packed roast ducks. The roast ducks with counterfeit”Quanjude” registered trademarks are processed by assembly and sold at low prices. From June 2018 to August 2019, the defendant Liu Moumou purchased a large number of counterfeit”Quanjude” registered trademarks of roast duck and other commodities from Tan Moumou at low prices without obtaining the entrustment or authorization of Quanjude Company. And increase the price for external sales, the sales amount is more than 430,000 yuan, and the value of seized goods is more than 2,000 yuan.
二. Litigation process
On December 20, 2019, the People’s Procuratorate of Fengtai District, Beijing prosecuted Zhang Moumou for the crime of selling illegally manufactured registered trademark signs, and prosecuted 6 people including Tan Moumou for the crime of counterfeiting registered trademarks for selling counterfeit Liu Moumou was prosecuted for the crime of registered trademarks. On October 30, 2020, the People’s Court of Fengtai District of Beijing issued a first-instance judgment. Zhang Moumou was sentenced to two years in prison and fined 60,000 yuan for the crime of selling illegally manufactured registered trademark signs; the defendant Tan Moumou 6 People who committed the crime of counterfeiting registered trademarks were sentenced to fixed-term imprisonment of one year, three months to five years, and fined 30,000 to 600,000 yuan; the defendant Liu Moumou committed the crime of selling counterfeit registered trademarks and was sentenced to three years’ imprisonment. Month, and fined 220,000 yuan. The judgment of first instance has taken effect.
3. Typical meaning
(1) Strengthen communication and coordination, and crack down on counterfeiting crimes in a full chain and precise manner. The crime of counterfeiting time-honored brands not only seriously affects the normal production and operation activities of time-honored enterprises, but also seriously violates the legitimate rights and interests of consumers. The case is a crime of infringing on the long-established”Quanjude” brand in the whole chain of”upstream providing counterfeit packaging materials-processing and production by small workshops in the middle reaches-downstream sales to tour guides-end sales to tourists through tour guides”. The procuratorial organs held discussions with the public security organs on the collection of evidence in the case and the application of the law. Based on this case, the mode of making and selling fakes is mainly online, it is recommended that the public security organs focus on collecting and extracting electronic data such as WeChat chat records. On the basis of full communication and consolidating evidence, the procuratorial agency approved the arrest and prosecution of 8 people including Zhang XX, and all the public prosecution opinions were accepted by the court, realizing the full chain and precise crackdown on counterfeiting and infringement crimes.
(2) Actively participate in social governance, and provide services to guarantee”six stability” and”six guarantees.” In order to give full play to the role of procuratorial organs in providing services to guarantee the “six stability” and “six guarantees” and escorting the legal operation of enterprises, the procuratorial organs inform Quanjude Company of relevant litigation rights in accordance with the law on the one hand, and put forward suggestions on brand protection and other aspects to protect corporate property rights. Provide guidance on production and operation; on the other hand, in response to the case exposed some areas of the tourism industry and industry supervision and other issues, accurate research and judgment in accordance with the law, timely preparation of procuratorial recommendations, and promote the purification of the industry environment. After the”Prosecution Recommendation” was delivered, the procuratorial agency actively communicated and connected with the Beijing Municipal Bureau of Culture and Tourism. Later, the Beijing Municipal Bureau of Culture and Tourism promptly carried out rectification and replied to the procuratorial recommendations, and imposed administrative penalties on the travel agencies and tour guides involved. , And adopted rectification measures such as establishing and perfecting travel agency grade assessment and tour guide service star evaluation system, and strengthening research and docking with time-honored enterprises in the city. The procuratorial organs strengthened follow-up supervision to ensure the implementation of procuratorial recommendations.
Case eleven:Jilin Sun and other 23 people produced and sold poisonous and harmful food
One. Basic case
From September 2015 to January 2018, the defendants Sun Moumou, Wu Moumou, Song Moumou, and Li Moumou printed the batch number of the word”Shijian” on the outer packaging of a bungalow in Xi’an, Shaanxi Province” Three kinds of health foods containing western medicine ingredients, such as the three generations of antihypertensive and fat-dissolving”,”lowering blood sugar and nourishing pancreatin” and”Tibetan Fengtongning”. The defendant Sun is responsible for the overall coordination and command, contacting customers, and purchasing medicines, Wu XX is responsible for production and packaging, Song XX is responsible for delivery, and Li XX is responsible for collection and payment and communication and coordination of production matters. From September 2016 to October 2017, defendant Yu XX knew that the health food was produced by an informal manufacturer and was mixed with toxic and harmful non-food ingredients. He still purchased it from the defendant Song and sold it to the defendant. Sun XX paid a total of RMB 2.4112 million. The defendant Li and other 18 people knew that it was a health food that was prohibited by the drug regulatory department, but they still profited from purchasing and selling them at a certain place.
After inspection, the involved”hypoglycemic and nourishing secretion” contained glibenclamide, metformin hydrochloride, and pioglitazone hydrochloride; the”hypertensive lipolysis” contained nifedipine, hydrochlorothiazide, and captopril;”Fangfengtongning” contains dexamethasone, norfloxacin sand, and indomethacin. The above-mentioned ingredients are substances that are illegally added to health foods and other western medicine ingredients.
二. Litigation process
On January 14, 2019, the People’s Procuratorate of Fengman District, Jilin City, Jilin Province accused Sun Moumou, Li Moumou, Wu Moumou, and Song Moumou for the crime of producing and selling toxic and harmful foods for the crime The 19 defendants who committed the crime of selling toxic and harmful foods filed a prosecution to the People’s Court of Fengman District, Jilin City. On July 11, 2019, the People’s Court of Fengman District, Jilin City, Jilin Province of the first instance judged that the defendant Sun Moumou committed the crime of producing and selling toxic and harmful food and was sentenced to 11 years in prison and a fine of RMB 3 million; the defendant Yu XX committed the crime of selling poisonous and harmful food and was sentenced to ten years imprisonment and a fine of RMB 2.5 million; 5 defendants were sentenced to seven years to one year and two months in prison, and the remaining 16 defendants were given suspended sentences , Both are fined. After the verdict was pronounced in the first instance, the five defendants appealed, and the court of second instance ruled to uphold the original verdict.
3. Typical meaning
(1) There are frequent violations of laws and crimes in the health food field, and serious social harms. In recent years, there have been frequent cases in the field of health food. As a special kind of food, health food is closely related to the health of the people, especially middle-aged and elderly consumers. After the occurrence of this case, the procuratorial organs intervened in the case according to law, proposed entrusted inspections, found out the purchase and sales vouchers and the whereabouts of the money, locked purchases and users, etc., guided the public security organs to extract fixed evidence, dig in and investigate, and destroy the counterfeit dens. Eliminate the source of counterfeiting fundamentally and ensure the health of the people.
(2) Punish the whole chain of production and marketing crimes in accordance with the law. Without obtaining relevant production license qualifications, Sun and others used different packaging to produce health food in small workshops, and added western medicine ingredients at will, which severely disrupted the health food market order and endangered consumers’ health. In handling the case, the procuratorial agency prosecuted 10 criminals in the sales link in accordance with the law. All 10 criminals were sentenced to guilty by the court, effectively punishing criminals from the source of production to the end of sales, and completely eliminating hidden production and sales chains.
(3) Guide consumers to establish healthy consumption concepts. The sales scope of the health food in this case involves Jilin City and other regions of the province, with a sales volume of more than 1,400 boxes, which is very harmful. The procuratorial organs carried out special publicity activities of”telling the law by case and explaining the law by case” to guide consumers to establish the concept of healthy consumption and safe consumption. Visited relevant administrative law enforcement agencies, and suggested that the management of the health food sales market should be further strengthened, the order of the sales market should be standardized, and all cases involving criminal crimes should be removed to form a high-pressure situation to combat illegal crimes.
Case 12:Heilongjiang Mao XX selling counterfeit products
One. Basic case
From January to April 2019, while operating the Chunyang Seed Industry in Nenjiang City, Heilongjiang Province, the defendant Mao found that soybean seeds such as”Heihe 43″ sold well in Nenjiang City and were recognized by the majority of growers. Figure. Mao Moumou did not purchase seeds from formal channels, but purchased soybeans from farmers, filled them in white transparent woven bags without any logo, and sold them as”Heihe 43″ and other soybean seeds in the Chunyang Seed Industry operated by him . At the time of the case, Mao had sold”white bag” soybean seeds 10 times, totaling more than 7,000 kilograms, and the sales amount was nearly 150,000 yuan.
二. Litigation process
On June 28, 2020, the People’s Procuratorate of Nenjiang City, Heilongjiang Province filed a public prosecution with the Nenjiang City People’s Court for the crime of selling counterfeit and shoddy products as the defendant Mao. On December 7, 2020, the People’s Court of Nenjiang City, Heilongjiang Province sentenced Mao to 11 months in prison for selling counterfeit and inferior products, and fined RMB 150,000. The judgment of first instance has taken effect.
3. Typical meaning
(1) Perform duties strictly in accordance with the law, and earnestly safeguard national food security. Food security is the top priority in governing the country. Nenjiang is a well-known main soybean producing area in the country, an important national commodity grain base, and an agricultural industrialization base. Seed safety is related to the overall situation of local economic and social development, and ensuring seed safety is also an important content of the overall service of the prosecutors. In recent years, driven by interests, the problem of local sales of fake and inferior soybean seeds has become increasingly prominent. The main manifestation is the sale of”white bag” seeds, which has severely impacted the order of seed market operations, undermined the sustainable development of the fine seed industry, and brought high-quality development to the agricultural economy. There is a huge safety hazard. Seed management shall comply with the relevant provisions of the Seed Law. If non-seeds are used as seeds or seeds of such varieties are used as seeds of other varieties, the types and varieties of seeds that do not match the contents of the label or the seeds without the label are fake seeds. Strictly cracking down on the criminal acts of selling fake seeds in accordance with the law is conducive to maintaining national food security and improving the quality and safety of agricultural products from the source.
(2) Pay equal attention to publicity and supervision to fully protect the legitimate rights and interests of farmers. Through the handling of this case, the procuratorial organs promptly launched the special work of anti-counterfeiting agricultural materials, standardized the market order of agricultural materials, cracked down on illegal and criminal acts of producing and selling fake agricultural materials, and promoted the healthy development of the agricultural materials market in Nenjiang City. The People’s Procuratorate of Nenjiang City has visited the Market Supervision Administration and Agriculture and Rural Affairs Bureau of the city many times to interpret the law and lay a solid foundation for precise crackdown on crimes involving agricultural materials. Strengthen propaganda to business operators, and improve their ability to distinguish fake and inferior agricultural materials and their awareness of law-abiding operations. The Nenjiang City People’s Procuratorate also went to 23 villages in 4 towns to carry out law popularization, sending law to the countryside through various methods such as distributing materials and seminars, strengthening the law popularization of farmers, and enhancing their awareness of rights protection.
Case 13:Case of 5 people including Zhang, Gansu producing and selling toxic and harmful food
One. Basic case
The defendants Zhang, Tian, Chen, Zhao, and He are all personnel engaged in the production, processing and sales of brewed skins in Ganzhou District, Zhangye City, Gansu Province. From June to August 2019, in order to make the brewed skins taste strong and easy to store for a long time, the defendant Zhang and other five people added the”strong gluten king” and”gluten-increasing” to the flour of the processed brewed skins. Non-edible substances such as “agents”. After inspection by Gansu Zhongshang Food Quality Inspection and Testing Co., Ltd., the content of boric acid in the brewed skins produced and sold by the defendant reached 3964.74mg/kg, 1260.95mg/kg, 575mg/kg, 556.02mg/kg and 369.71mg/kg respectively .
二. Litigation process
On February 12, 2020, the People’s Procuratorate of Ganzhou District, Zhangye City filed a public prosecution with the People’s Court of Ganzhou District, Zhangye City for the crime of producing and selling toxic and harmful food with 5 persons including the defendant Zhang. On June 10, 2020, the People’s Court of Ganzhou District, Zhangye City issued a judgment in accordance with the law and sentenced Zhang, Chen, and He to fixed-term imprisonment of one to six months for production, sales, and food crimes, and sentenced them to 2 Fines ranging from 10,000 yuan to 10,000 yuan. On June 24, 2020, Tian was sentenced to nine months’ imprisonment and a fine of 15,000 yuan for the crime of producing and selling toxic and harmful food; Zhao was sentenced to seven months’ imprisonment and a fine of 12,000 yuan. The judgment of first instance has taken effect.
3. Typical meaning
(1) The addition of non-edible substances to brewed skins is harmful to the society and should be severely punished according to law. Food and drug safety is no small matter. According to the”List of Non-edible Substances that May Be Added Illegally Added to Foods” (the first batch) published by relevant departments of the State Council in 2008, boric acid is prohibited from being added to foods. According to the literature provided by the market supervision department and relevant experts, repeated consumption of small doses of boric acid may lead to chronic intoxication of the human body, causing symptoms such as anorexia, fatigue, mental confusion, dermatitis, baldness, and menstrual disorders. In severe cases, it can lead to death and cause damage to the body Greatly harmful. The People’s Procuratorate of Gansu Province listed the series of cases for supervision and strengthened guidance. The procuratorial organs intervened in the investigation, guided the public security organs to comprehensively collect fixed evidence, held criminal responsibility for all five people involved in the case, and implemented the”four most stringent” requirements.
(2) Close ties to form a joint force and propose precise sentencing recommendations. Cases that endanger food safety are highly professional, objectively evaluate the circumstances of the crime and social harm, and propose precise sentencing recommendations, which can highlight the effectiveness of the crackdown. The procuratorial agency took the initiative to strengthen communication with the market supervision department and the public security agency, discussed the problems in the case facts, evidence admissibility, etc., consulted experts and professors studying food safety about the harm of boric acid to the human body, and finally tested it Based on the content, the defendants were provided with precise sentencing recommendations that reflect the guilt, responsibilities and punishments, and they were all adopted by the court.
(3) Extend the procuratorial function, and the”three effects” are organically unified. Zhangye is a national historical and cultural city, receiving 30 million tourists every year. As one of the most popular specialty snacks in Northwest China, yongpi is deeply loved by the people. The defendant’s illegal and criminal behavior not only seriously endangered the health of unspecified groups of people, but also damaged the reputation of local specialty snacks, and was not conducive to the development of the local economy. In response to the problems exposed in the case, the procuratorial agency recommended that the Market Supervision Bureau of Ganzhou District, Zhangye City strengthen the supervision of brewed leather production and the promotion of the rule of law on food safety. The bureau convened all practitioners engaged in the production and sales of brewed skins in the region, notified the verdicts and administrative penalty decisions of the series of cases, and conducted discussions on the”two-party responsibilities” for food safety, which effectively warned and deterred those who endangered food safety. Illegal and criminal acts have achieved good political, social and legal effects.
Case 14:The People’s Procuratorate of Yongxing County, Hunan Province supervised and rectified the administrative public interest litigation case concerning the safety hazards of infant formula food
One. Basic case
”Bacteramine” deep hydrolyzed protein lactose-free formula powder is a solid protein beverage produced by Tianjin Deheng Technology Co., Ltd. commissioned by Hunan Vileco Health Co., Ltd. From December 1, 2017 to August 14, 2019, the chain stores of maternal and infant products in Yongxing County, Hunan Province,”Xuyingfang” and”Mummy Xingfang” purchased”Bexamin” solids from Hunan Villeroy & Boch Trading Company 1086 cans of protein drinks. The chain store operator knows that infants and young children who consume milk powder for special medical purposes needs to clearly indicate the type of formula food for special medical purposes and the applicable people. They are still exaggerating their efficacy through posters, shopping guides, etc.”Bei ammonia sensitive milk powder is suitable for babies with allergies”, misleading parents to buy and feed them as special-purpose milk powder to babies with allergies.
2. Investigation and supervision of performance of duties
In May 2020, the Supreme People’s Procuratorate and the Hunan Provincial People’s Procuratorate assigned clues to the case to the Yongxing County People’s Procuratorate in Hunan Province. On May 19, the Yongxing County Procuratorate filed a case against Yongxing County Market Supervision Administration’s failure to perform its duties according to law. After investigation, the Yongxing County Procuratorate issued pre-litigation procuratorial recommendations to Yongxing County Market Supervision Administration on May 28, suggesting:1. Investigate and deal with the illegal sales of”a baby shop” and”mummy baby shop” in accordance with the law; 2 .Fully fulfill the responsibility of supervision and management in accordance with the law, carry out special rectification actions, and supervise the business activities of infant milk powder operators in the jurisdiction in accordance with the law to ensure that market transactions are legal and orderly.
After receiving the procuratorial advice, the Yongxing County Market Supervision and Administration Bureau imposed administrative penalties on the operators of”A Yingfang” and”Mami Xingfang”, with a maximum fine of 2 million yuan and entrusting the product involved to the manufacturer Weile However, the suspected false propaganda of the company and the sales agent Villeroy & Boch was transferred to the Changsha Municipal Market Supervision Administration for separate investigation and punishment, and the suspected false propaganda of the manufacturer Deheng Company was transferred to the Tianjin Municipal Market Supervision and Administration Department for processing, and the involvement of” The 63 consumers who complained about”Beifenmin” were mediated, and the operators were compensated in accordance with the standard of”one refund and three compensation”, and the compensation was RMB 1029940.58. The Yongxing County Market Supervision and Administration Bureau formulated the”Implementation Plan for Special Remediation of Formula Food for Infants and Young Children” to conduct a one-month investigation and remediation of special foods, solid beverages and other foods.
3. Typical meaning
One is to implement the”four strictest” requirements for food safety to ensure that public welfare supervision is effective. Infant milk powder and other foods with special medical purposes are related to the healthy growth and development of infants and young children and the happiness and well-being of each family. The procuratorial organs always adhere to the implementation of General Secretary Jin Ping’s “four strictest” requirements on food safety in handling cases, put the people’s life, health and safety first, and promptly intervene in sensitive cases of social concern, public concern, and public opinion concern To handle the case, urge the market supervision and management department to severely punish the illegal business operators involved and transfer clues to other jurisdictions, assist the administrative department in resolving the punitive compensation for the injured infants and young children, eliminate the negative impact of the incident, and jointly guard the future Young people are”safe on the tip of the tongue.”
The second is the linkage of the four-level courts, and the integrated case handling mechanism has achieved results. After the exposure of the false publicity and sales of”Bei Amin” in a”Yingfang” maternal and child store, the social impact and sensitivity were high. The Supreme People’s Procuratorate and the Hunan Provincial People’s Court quickly assigned clues to the case, and the Hunan Provincial People’s Procuratorate sent special personnel to the scene to guide the case, and adopted an integrated case-handling model to promote the case. The public interest litigation procuratorial department closely cooperates with criminal prosecutors and non-procuratorial departments. The Provincial Procuratorate will coordinate and check, the Chenzhou Procuratorate will provide guidance, and the Yongxing County Procuratorate will conduct a comprehensive investigation, give full play to the procuratorial function, respond to social concerns in a timely manner, and urge the market supervision and management department Seriously investigate and deal with illegal acts. Adhere to the point-to-point approach, promote the special investigation and rectification of Yongxing County Market Supervision and Administration Bureau, and achieve the effect of”handling one case, warning all, and educating the society”.
Third, guided by special inspection projects + administrative special projects, the promotion of comprehensive governance in the field of food safety has achieved long-term results. The case is reproducible and exemplary. In response to the universality and regularity of special foods such as maternity and infant food, special medical milk powder, and health care products for the elderly found in the case, the Hunan Provincial Hospital organized the development of solid beverages, pressure Special public interest litigation inspection activities in the food safety field such as sliced candy, substitute tea, etc., from the production and processing at the source to the intermediate wholesale operation to the sales of the consumer terminal to carry out the entire process, all-round, and the entire chain of public welfare supervision, and promote the comprehensive rectification of special food , A total of 298 cases were filed, 215 pre-litigation procuratorial recommendations were implemented, 215 were announced, and 4 cases were prosecuted. The market supervision and management departments at all levels in Hunan Province responded positively. They carried out a hundred-day action for food safety supervision in the province, conducted major investigations and rectifications, inspected 610,200 food production and operation units (times), and ordered 71,700 to rectify problems. 96,600; implementation of food production and infant formula milk powder promotion actions, 100%inspection of infant food production enterprises, control of chaos in the food safety field, and modernization of the national governance system and governance capabilities in the food safety field.
Case 15:A civil public interest litigation case involving the production and sale of toxic and harmful food by 5 people including Li XX in Sichuan Province
One. Basic case
A fish farm in Tongchuan District, Dazhou City, Sichuan Province is operated by a partnership of five people including Li, each holding 20%of the shares. From August 14 to November 14, 2018, in order to save costs and add fragrance to the bottom of the pot, the five defendants arranged for chef Gao Moumou to filter and recycle the waste grease after consumption by customers in the store, and”wash the oil” through heating and boiling. Afterwards, the recovered oil and new oil are mixed in a ratio of 2:1 for cooking again. The boiled fat is directly used in the hot pot and provided to consumers for consumption. During the period, a total of 1,768 recycled oil pot bottoms were sold, with a total sales amount of 49,504 yuan. In December 2019, Li Moumou and Gao Moumou were sentenced to two years imprisonment, three years probation, one year imprisonment, and two years probation by the People’s Court of Tongchuan District of Dazhou City for the crime of producing and selling toxic and harmful food. , And fined it, and declared a business prohibition order.
2. Investigation and litigation
On April 16, 2020, the People’s Procuratorate of Dazhou City filed a civil public interest litigation case for the infringement of toxic and harmful food in the production and sales of a fish farm, and issued an announcement in the national media according to law. The announcement period expires. The organization or agency filed a lawsuit. On June 23 of the same year, the Dazhou City Procuratorate organized a public hearing. The hearing members invited to the meeting issued hearing opinions, suggesting that the procuratorial organs severely punish food infringements in accordance with the law and file punitive compensation claims based on ten times the sales price.
On June 24, 2020, the Dazhou People’s Procuratorate filed a civil public interest lawsuit with the Dazhou Intermediate People’s Court, petitioning the court to order the five defendants to jointly pay ten times the amount of punitive damages of 495,040 yuan, and the The above public media apologized to the public. On September 22 of the same year, the Dazhou Intermediate People’s Court pronounced its verdict in court after a public hearing, and supported all the prosecution’s claims. After the verdict, the defendant did not appeal and the first-instance judgment has taken effect.
3. Typical meaning
(1) Implement the”Four Strict” food safety standards in the process of public interest litigation prosecution and case handling, and continue to provide legal protection for food safety. The procuratorial organ combined the legal and rational considerations of the case, fully listened to the opinions of the parties and the public, and decided to initiate a civil public interest lawsuit against the infringing subject, claiming ten times the punitive damages from the infringer, and allowing the infringer to bear criminal responsibility. , And bear corresponding civil liabilities in accordance with the law. At the same time, by inviting the public to participate in case hearings and court trials, spread the law in the interpretation of the law, strengthen the whole society’s sense of identity with the public interest litigation system, and continue to publicly convey to the society the clear guidance of the”most severe punishment” for food safety, and continue to force food Practitioners abide by the law, know awe, know the bottom line, and consciously persevere in protecting the food safety of the people in accordance with the law.
(2) Reasonably and accurately grasp the applicable standards of punitive damages, and steadily advance the exploration of the practice of punitive damages in civil public interest litigation. The social public interest protected by civil public interest litigation is mainly the damage and the danger of damage to unspecified consumers. In handling this punitive damages case in civil public interest litigation, the procuratorial organ accurately grasps the functional positioning of the punitive compensation system and determines the punishment When the specific amount of sexual compensation is requested, the illegal sales amount shall be used as the base, and the degree of subjective fault of the infringer, duration, property status, public sentiment and other aspects shall be taken into overall consideration. Through public interest litigation punitive damages, the infringer’s illegal costs have been increased, and the infringer and potential offenders have been warned, effectively achieving the deterrent purpose of”making the offenders so painful that they do not dare to commit the crime again”, which is important for maintaining food safety and market order. It is of great significance to protect the legitimate rights and interests of consumers and safeguard the public interests of society.
(3) Relying on public hearings to practice the people-centered judicial concept, and continue to enhance judicial credibility. In handling cases, the procuratorial organs pay attention to practicing the judicial concept of”people-centered”, fully consider the dilemma of small and micro enterprises under the influence of the epidemic, the original intention of the design of the civil public interest litigation system, and the infringer’s resistance. On the basis of case analysis and judgment, we organize public hearings, invite representative committees, people’s supervisors, and special prosecutors for public review. At the same time, we invite relevant administrative supervision departments and representatives of the catering industry to observe the whole process to collect public judicial demands on such cases, and to balance The relationship between the maintenance of public welfare and the interests of the enterprise, taking into account the three aspects of law, rationality and emotion, has a solid foundation. At the hearing, through three rounds of public demonstrations, all parties closely followed the legal application of punitive damages, explained the various influencing factors and demands of the case face-to-face, and realized full communication before litigation, and comprehensive consideration of legal rationality. . Through public hearings, procuratorial organs consciously accept people’s supervision and public opinion supervision, and fully protect the rights of infringers and the public to know and express, ensure that the judicial process is more grounded, judicial decision-making is more warm, and judicial results can be more recognized by the public It embodies the value orientation of promoting justice through publicity and winning public trust through hearings.
Related reports:Take a heavy blow to fight chaos, work together to strictly guard the bottom line of food and drug safety-the fourth highest People’s Procuratorate The heads of the Procuratorate, the Law Enforcement Inspection Bureau of the State Administration of Market Supervision and Administration, and the Policy and Regulations Department of the State Drug Administration answer questions from reporters on the joint release and implementation of the”four strictest” requirements for food and drug safety.