On February 2, 2021, the Kangping County People’s Court heard two cases involving the sale of toxic and harmful foods filed by the County People’s Procuratorate in criminal and civil public interest lawsuits, and tried the two parties who endangered the public interest according to law.
Introduction to the case:In September 2020, Bai used his own adult product store to sell two kinds of sexual health products,”KingTiger” and”Every capsule”, which were purchased through informal channels without legal procedures At the time of the case, the total sales amount was RMB 90. After being tested by Qingdao Huace Testing Technology Co., Ltd., the”KingTiger” and”Each Jian” sold by Mr. Bai contained sildenafil ingredients that are prohibited by the state.
Introduction to the case:In November 2020, through his own”Jikang Pharmacy”, Zhu sold the”Cordyceps Strong Kidney King” health care products without legal procedures and purchased through informal channels, and the sales amount was at the time of the case Accumulated RMB 440. After being tested by Qingdao Huace Testing Technology Co., Ltd., the”Cordyceps Strong Kidney King” sold by Mr. Zhu contains sildenafil ingredients that are prohibited by the state.
This court believes that the defendants Bai and Zhu violated the provisions of the Pharmaceutical Administration Law of the People’s Republic of China by selling non-food raw materials containing”sildenafil” ingredients that are prohibited by the state from being added illegally. The act constituted the crime of selling toxic and harmful food, and the public prosecutor was charged with the crime. After the defendants Bai and Zhu arrived at the case, they truthfully confessed their crimes, voluntarily pleaded guilty and punished them, and were given a lighter punishment. According to Article 144, Article 67, Paragraph 3, Article 45, Article 52, Article 72, Article 73 of the Criminal Law of the People’s Republic of China, Articles 1165 and 1167 of the Civil Code of the Republic, Article 75 and Paragraph 2 of Article 148 of the Food Safety Law of the People’s Republic of China,” The second paragraph of Article 55 of the Civil Procedure Law of the People’s Republic of China, and Article 20 of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws to Procuratorial Public Interest Litigations, the judgment is as follows:
Defendant Bai was guilty of selling poisonous and harmful food and was sentenced to six months’ imprisonment, one year’s probation, and a fine of 1,000 yuan (the fine has been paid) (the probation period is calculated from the date of determination); The defendant Bai paid a damages of RMB 900 (compensation has been paid).
Defendant Zhu committed the crime of selling poisonous and harmful food and was sentenced to eight months’ imprisonment, one year’s probation, and a fine of RMB 2,000 (the fine has been paid) (The probation period of probation starts from the day the judgment is confirmed) ; Defendant Zhu paid damages of RMB 4,400 (compensation has been paid).
Kangping County People’s Court resolutely safeguards the vital interests of the masses of the people, safeguards the safety of food and medicines for the masses, and will never be soft on any illegal actions by market entities, and help the county economy to be legal and within the legal framework. Orderly. At the same time, the general public and related practitioners are advised to be vigilant and insist on purchasing food and medicine from formal channels.