On February 7, 2021, the Lanzhou New District People’s Procuratorate brought a criminal case to the Lanzhou New District People’s Court for the production and sale of toxic and harmful food against the defendant Xu Incidental civil public interest litigation, requesting that the defendant Xu XX publicly apologize to the public in the media above the municipal level and pay punitive damages of 41370 yuan. This is the first criminal and incidental civil public interest lawsuit in the food safety field initiated by the People’s Procuratorate of the Lanzhou New District since the launch of the”Four Strict” special activities.
Basic case:In July 2019, Xu XX contracted No. 1 restaurant, 1st floor, No. 5 stall at a college in Lanzhou New District Vocational Education Park, and opened”Jiuju Xiangmaocai”. In order to increase the flavor of the tasting vegetables and attract more students to consume them for profit, Xu bought 2 catties of poppy seeds from a condiment wholesale and retail store at Dongdajie Farmers Market, Nanzheng County, Shaanxi Province, at a price of 100 yuan per catty. Grind it into powder, mix it with other seasonings and process it into chili oil, and add it in the process of making maocai.
On September 3, 2019, a college in the Vocational Education Park opened, and the”Jiuju Xiangmaocai” stall operated by Xu XX began business. On September 18, 2019, when the Lanzhou New District Market Supervision Administration conducted a supervision and inspection of the college’s student restaurant and conducted a rapid test of related foods, it was found that the quick test results of the pepper oil at the Mao Cai stall operated by Xu showed poppy shells ( Powder) was positive, the Lanzhou New District Market Supervision Administration then conducted supervision and sampling of the stall chili oil, and entrusted Gansu Guoxin Runda Analysis and Testing Center to inspect the samples. After inspection by Gansu Guoxin Runda Analysis and Testing Center, the chili oil submitted for inspection contained narcotine and papaverine. It was also found that Xu XX was investigated and punished by the Lanzhou New Area Market Supervision Administration from September 3 to 18, 2019. The total turnover of the”Jiuju Xiangmaocai” stall was 42433 yuan, of which the sales used contained papaverine, The total turnover of Maocai made from the chili oil of Nakotin is 4137 yuan.
On November 26, 2019, the Lanzhou New Area Market Supervision Administration transferred the suspected production and sale of toxic and harmful food to the Lanzhou New Area Public Security Bureau for review. On October 28, 2020, the Lanzhou New District Public Security Bureau transferred the case to this court for review and prosecution. On January 29, 2021, the People’s Procuratorate of Lanzhou New District filed a public prosecution for Xu XX producing and selling toxic and harmful food.
This court believes that Xu XX illegally added toxic and harmful substances that are prohibited by the country from adding to food in the vegetable chili oil, which constitutes a criminal offence, It also poses potential threats to the health and life safety of many consumers and harms the public interests of the society, so they should bear corresponding civil liabilities. According to Article 55, paragraph 2 of the Civil Procedure Law of the People’s Republic of China, and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Laws in Public Interest Litigation Cases of the People’s Republic of Acts that infringe on the legitimate rights and interests of many consumers have the right to initiate civil public interest litigation. After reviewing all case materials, performing the pre-litigation announcement procedure, and after being approved by the Lanzhou People’s Procuratorate, this court filed a criminal incidental civil public interest lawsuit with the Lanzhou New District People’s Court. At present, the court has accepted the case.
The prosecutor’s warm reminder is that food safety is closely related to everyone. General Secretary Xi Jinping proposed to use”the most stringent standards, the most stringent supervision, the most severe penalties, and the most serious accountability to ensure the’safety’ of the broad masses of people.” As a representative of the public interest, the procuratorial organs, while severely cracking down on crimes, filed public interest litigation in accordance with the law to protect the people’s”beep safety”, hoping to warn the food production and business entities to operate in accordance with the law and operate in good faith through handling this case. Create a”dining table” for the people to rest assured.