Typical case of special law enforcement on counterfeit and inferior food in rural areas of Huangshan City
By: Date: 2021-02-07 Categories: chinesefood Tags: ,
  1. Huangshan District Market Supervision Bureau investigates and deals with excessively limited use of food additives in fried dough sticks Alum case

   [Introduction to the case]

   On July 10, 2020, the Huangshan District Market Supervision and Administration Bureau conducted a sampling test of edible oil and fried dough sticks at the Chenchun Snack Bar in Huangshan District, which is located in the fringe of urban and rural areas. . The test results showed that the aluminum residue in the sample fried dough sticks did not meet the requirements of GB2760-2014″National Food Safety Standard Food Additives Use Standard”, and the conclusion was unqualified. On August 3, 2020, the bureau again sampled its cooking oil and fried dough sticks, and the conclusion was still unqualified. The two inspection results showed that the residual aluminum content was 799mg/kg and 1300mg/kg (standard value is less than or equal to 100mg/kg). After investigation, the recipe for the party’s processing of fritters mainly contains flour, water, salt, baking soda, and alum. Baking powder (containing aluminum) is added when the temperature is low. When the above formula is used, 100g of alum is added to 10 catties of flour, and 10 when the temperature is low. Add 50g of alum and 50g of aluminum-containing baking powder to a catty of flour. The bureau commissioned the Anhui Qingfeng Judicial Appraisal Institute to carry out the appraisal. The forensic appraisal opinion is that “when a person consumes food with an aluminum content of more than 5 times for a long time, it is enough to cause malformations of the embryonic central nervous system and other organs and fetal growth and development, senile dementia, and bone Porosity, damage to mitochondria in liver and kidney cells, interfere with human cell metabolism, and reduce immunity and other serious food-borne diseases.”

  [Processing situation]

  Chenchun Snack Shop in Huangshan District produces and sells fried dough sticks whose aluminum content exceeds the standard limit, which is the production and sale of food by using alum as a food additive. Consumers Long-term consumption may cause serious food-borne illness. His behavior is suspected of constituting the crime of producing and selling food that does not meet safety standards as stipulated in Article 143 of the Criminal Law of the People’s Republic of China. The bureau transferred the case to the local public security department through the execution connection mechanism. The local public security department filed a case for”production and sale of food that does not meet safety standards”. The local procuratorate, as a public interest litigant, filed a criminal incidental civil public interest lawsuit against Chen Chun, the operator of the Chenchun snack bar in Huangshan District. On January 27, 2021, the Environmental Resources Tribunal of the local People’s Court conducted mediation. Defendant Chen Chun shall bear punitive damages totaling RMB 24,000 on the day following the signing of the mediation agreement; Defendant Chen Chun shall sign the mediation agreement from the date of receipt of the mediation agreement. Publicly apologize to the media above the city level within seven days.

  【Case Analysis】

   This case is a case that the market supervision department investigated and dealt with during the special law enforcement action on counterfeit and shoddy food in rural areas, in conjunction with local A typical case of protecting people’s livelihood.

   First, the case embodies the working philosophy of the market supervision department to be close to the people’s hearts, understand public opinion, and serve the people. Food is food to safety first. In this case, the market supervision department conducted a systematic review, and carried out work with the goal of safeguarding the vital interests of the people and ensuring the safety of consumers’ food. They selected deep-fried dough sticks that are consumed locally and closely followed by the people for targeted sampling, and severely cracked down on counterfeit and shoddy production and operations in rural areas. The act of food has opened up the local”safe fritters” market and escorted consumers’ legitimate rights and interests.

   The second is the overall planning of the investigation and handling of the case to realize the operation mode of”planning” and”movement”. Law enforcement and case handling must avoid”planning and then acting.” The circumstances of the case are changing rapidly and the battle opportunities are fleeting. In this case, the market supervision department took a two-pronged approach after filing the case. On the one hand, after filing the case, law enforcement officers contacted the judicial appraisal office as soon as possible, and entrusted the issuance of an appraisal opinion to obtain an appraisal opinion as soon as possible. On the other hand, before the appraisal opinion was issued, they proactively seized the opportunity to deal with the parties and their spouses. An investigation was conducted, relevant evidence was obtained, and the products processed and produced were immediately spot-checked again, realizing the work mode of”scheming and action”, coordinating the overall situation, and making the handling of the entire case strategic, rigorous and standardized.

   The third is that the case gave full play to the linkage mechanism, and the legal compliance was handled in a timely manner. As a food for the people’s livelihood, youtiao is a hot-selling food in the rural and urban-rural areas. The business premises of the parties involved in this case are located in the farmer’s market in the fringe area of ​​urban and rural areas. They produce and sell a large quantity of fried dough sticks every day, and involve a wide range of people. Their production and sales of fried dough sticks use excessive amounts of food additive alum. According to judicial identification, long-term consumption may cause serious problems. Food-borne diseases are suspected of constituting the crime of producing and selling food that does not meet safety standards. Huangshan Market Supervision and Administration Bureau of Huangshan District strictly complies with the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety” (Fa Shi [2013] No. 12), Article 8 Paragraph 1, and the “Chinese People The provisions of Article 22 of the Administrative Punishment Law of the Republic and Article 3 of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs shall transfer the case to the public security department for handling. The investigation and handling of this case is of great significance to consolidate the foundation of food supervision in rural areas and improve the level of rural food safety and security capabilities.

  2. Shexian Market Supervision Bureau investigates and deals with the case where the State of Huixi Beef Soup Restaurant in Shexian County bans the production and operation of food for special needs such as disease prevention< /span>

   [Introduction to the case]

   On December 30, 2020, Shexian Market Supervision and Administration managed the operation of Shexian Huixi Beef Soup Restaurant located at 45-1 Xin’an Road, Huicheng Town, Shexian County The premises inspected, and it was found in the freezer of the business area of ​​the party that there was a piece of”frozen boneless cattle lin” produced by Uruguay, totaling 7.5 kg, and the outer packaging label was marked with the Chinese information”factory registration code:2; batch number:20191216; original Place of Origin:Colonia, Uruguay, etc.

   The parties failed to provide the report materials for purchasing the above-mentioned imported cold-chain foods and the”Cold-chain Foods and Other New Coronavirus Routine Monitoring Sampling and Monitoring Results Notification Form”. The law enforcement officers of the Bureau seized the aforementioned cold chain foods in accordance with the law, and sealed them up on the same day and delivered them to the CDC for nucleic acid testing.

   After investigation, during the national novel coronavirus pneumonia epidemic prevention and control period, the person concerned paid 65 yuan/kg from Shanghai Yu’s Trading Co., Ltd. on November 27, 2020. The price purchased 1 box of”frozen deboned Niu Lin” food produced by Uruguay, the quantity is 1 box (4 pieces), the total weight is 20 kg, and the purchase amount is 1,300 yuan. The above-mentioned”frozen boneless Niu Lin” is mainly used to make beef vermicelli soup. As of December 30, 2020, 3 pieces have been used and 1 piece is in stock, totaling 7.5 kg.

  [Processing situation]

   The above behavior of the parties involved in operating the above-mentioned imported cold-chain food that has not been reported and tested in accordance with the regulations is suspected of violating Article 34 of the Food Safety Law of the People’s Republic of China. The provisions of item (12) of the paragraph constitute an act where the operating country bans the production of food for special needs such as disease prevention.

   In view of the fact that the party concerned made timely corrections, and the nucleic acid test result was negative for the new coronavirus, it did not cause harm to people’s lives and property and social impact, according to the”People’s Republic of China According to Article 23 of the Administrative Punishment Law and Item (5) of Article 123, Paragraph 1 of the Food Safety Law of the People’s Republic of China, the bureau shall order the parties to make corrections and confiscate the involved products, An administrative penalty of RMB 10,000.

  【Case Analysis】

   This case is a typical case of the investigation and punishment of imported cold chain food in the special law enforcement action of the market supervision department on counterfeit and shoddy food in rural areas.

   First, through thunder means, accurate qualitative, timely investigation and punishment. The party’s purchase of imported cold-chain foods that failed to report and test as required violated the “Notice on Strengthening the Prevention and Control of Imported Cold-chain Food Epidemics” and “Huangshan City’s Regarding Strengthening of Imported Cold The Announcement on the Prevention and Control of Food Chain Epidemics”, in the context of the prevention and control of the new crown epidemic, should be recognized as food that the operating country has explicitly prohibited the production and operation of for special needs such as disease prevention.

   The second is that the case is investigated and announced in parallel. While investigating the case, the county CDC will simultaneously carry out the new coronavirus nucleic acid test to provide a basis for the final characterization and adjudication of the case. The bureau used the media to carry out propaganda reports in a timely manner, responded to the calls of the people, deterred illegal acts, effectively maintained the authority of the local new crown epidemic prevention and control work, and strengthened the cold chain food epidemic prevention and control.

   The third is to establish a typical model to guide the grassroots case handling. The prevention and control of the new crown epidemic has a heavy responsibility. Every enterprise and individual should bear their own responsibilities and perform their own obligations in strict accordance with the prevention and control requirements. Although there is a requirement in the announcement, the law enforcement officers at the grass-roots level are still confused when it is actually implemented. The investigation and handling of this case is at the right time. It is a typical case of the market supervision department taking the initiative to investigate and punish the procurement of cold chain foods that failed to be filed as required and the local nucleic acid testing has established a model for similar law enforcement actions, which has truly served as a model for investigation and handling and standardizing the industry the goal of.

  3. Huangshan District Market Supervision Bureau investigates and handles liquor cases that infringe on the exclusive rights of others’ registered trademarks

   [Introduction to the case]

   On November 9, 2020, Huangshan District Market Supervision and Administration Bureau conducted an on-site inspection on Huangshan District Junxiang Trading Company based on reports from the masses, in conjunction with local public security organs. Gujing Gongjiu (Ancient 5), Gujing Gongjiu (Ancient 8), Gujing Gongjiu (Ancient 16), Gujing Gongjiu (Ancient 20), Wuliangye, and Kweichow Moutai were found in the store’s warehouse. A total of 427 bottles of three six types of liquor . After verification by Gujing Group, Wuliangye Group, and Kweichow Moutai Group, the above-mentioned 427 bottles of liquor and the 44 bottles of Gujing Gongjiu (Gu 5) involved in the complainant’s complaint, totaling 471 bottles of liquor, are all suspected of infringing on the exclusive rights of registered trademarks of others. s product. On November 9, 2020, Huangshan District Market Supervision and Administration Bureau filed an investigation into Huangshan Junxiang Trading Company. On November 13, 2020, law enforcement officers investigated the store operator and promptly applied to the Price Determination Center of Huangshan District Development and Reform Commission for price determination. The value of the goods involved was 218,987 yuan. On December 7, 2020, law enforcement officers commissioned a testing agency to inspect the six liquors involved, and the report concluded that they were all qualified.

  [Processing situation]

The behavior of    Huangshan Junxiang Trading Company in operating products that infringe on the exclusive rights of others’ registered trademarks involves a wide range of products and a large amount of value. His behavior is suspected of constituting the crime of selling commodities with counterfeit registered trademarks as stipulated in Article 214 of the Criminal Law of the People’s Republic of China. According to the Criminal Law and other relevant regulations, on January 8, 2021, Huangshan District Market Supervision Administration transferred the case to the local public security agency. On January 15, 2021, the Huangshan Branch of the Huangshan Public Security Bureau opened a case for investigation on the”Zhang Jiangtao Sales of Products with Counterfeit Registered Trademarks”.

  【Case Analysis】

   This case is a representative and major case seized by the market supervision department during the special law enforcement action on counterfeit and shoddy food in rural areas, focusing on the white wine market.

   First, this case reflects the”daily + special” work model of the market supervision department. The market supervision department is duty-bound to purify the environment of the famous liquor market. In this case, the market supervision department combined daily supervision with special enforcement actions on counterfeit and shoddy food, and focused on the liquor market during the”two festivals” period, severely cracked down on the production and sale of counterfeit and shoddy food in rural areas, and promoted the local liquor consumer market with confidence The trend of full area coverage.

   The second is that the investigation of the case is rigorous and standardized, and the target is extremely strong. The case involved a large variety of alcoholic beverages, the value of the goods was large, and the plot was more serious. The early evidence collection is particularly important. There must be no omissions and the details must be sorted out. After the case was filed, the market supervision department made a comprehensive plan and a three-pronged approach, entrusted inspection agencies to inspect, applied for price determination, and investigated the parties to obtain the most comprehensive and systematic evidence at the fastest speed, so that the case was transferred to the police After the agency, the successful investigation laid the foundation and bought time.

   The third is that the case used the execution connection mechanism to coordinate and regulate timely transfer. The business premises of the parties in this case are located in the urban-rural junction, and they sell liquor that infringes on the exclusive rights of other people’s registered trademarks. They involve a wide range of varieties and have a value of up to 219,000. They are suspected of constituting the crime of selling products with counterfeit registered trademarks. Huangshan Market Supervision and Administration Bureau of Huangshan District strictly complies with the Provisions of the Supreme People’s District Procuratorate and the Ministry of Public Security on Prosecution Standards for Criminal Cases Under the Jurisdiction of Public Security Organs (2), Article 70, Paragraph 1, Item 2, and “Administrative Administration of the People’s Republic of China Article 22 of the Penalty Law and Article 3 of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs shall transfer the case to the public security organ for handling. The investigation and handling of this case reflects the coordinating ability of regional departments to jointly investigate and handle major cases. It is of great significance to strengthen the source traceability of the food involved and to crack down on illegal activities in production and sales links.

  4. Qimen County Market Supervision Bureau investigated and dealt with the case of excessively limited use of food additive ammonium aluminum sulfate in twist

   [Introduction to the case]

   On September 23, 2020, the Qimen County Market Supervision and Administration Bureau conducted supervision and sampling of the twists produced and sold at the Qimen County Wenxianglai Snack Shop in Qimen County . After testing, the residual amount of twist aluminum produced and sold by the parties involved was 277mg/kg, which did not meet the GB2760″National Food Safety Standard Food Additive Use Standard”, and exceeded the limit of 100mg/kg stipulated in the standard. The conclusion is that it is unqualified. After investigation, the parties involved have been engaged in the production of twists for many years. In the process of making twists, they used food additives such as ammonium aluminum sulfate (commonly known as alum), baking soda, and baking powder according to the traditional production method. On the same day, the parties produced and sold 7 kilograms of this batch of twists at a price of 20 yuan per kilogram, with a profit of 6 yuan per kilogram, and obtained a total of 42 yuan in illegal income with a value of 140 yuan.

  [Processing situation]

The behavior of    Qimen County’s Wenxianglai Snack Bar in the process of making twists by using the food additive ammonium aluminum sulfate over-limiting is the use of over-limiting food additives to produce and sell food; in During the investigation, the parties actively cooperated with the investigation, stopped using ammonium aluminum sulfate, and took the initiative to correct illegal behavior. On December 28, 2020, Qimen County Market Supervision Administration made a penalty decision, confiscating 42 yuan of illegal income and fined 5,000 yuan.

   [Case Analysis]

   This case is a typical case of catering services that the market supervision department launched a special law enforcement action on counterfeit and shoddy food in rural areas, combined with local rural conditions.

   First, the handling of this case reflects the determination of the market supervision department to comprehensively rectify outstanding food safety problems in rural areas. Since 2020, the county’s market supervision department has been problem-oriented and has comprehensively promoted the special fight against evil and rectification of outstanding problems in the market circulation field, and rectified the difficulties and pain points of food safety supervision in rural areas. According to the clues of using aluminum ammonium sulfate in fried dough sticks and twists found in the previous random inspections, the law enforcement officers of this case carried out special supervision and random inspections throughout the county. While investigating the parties in this case, they also comprehensively improved the county’s fried noodle products operators. Self-discipline management consciousness.

   The second is that the handling of the case reflects the principle of combining punishment with education. The person involved in the case is over 60 years old, has lived in the countryside for a long time, has a low level of education, and has always used traditional methods to make twists. He did not know the limited amount of aluminum ammonium sulfate (alum) in the twists. During the investigation of the case, Actively stop using aluminum ammonium sulfate and switch to aluminum-free compound leavening agent. Law enforcement officers fully consider the specific circumstances of the case, and in line with the principle of combining punishment with education, reduce the punishment to the parties. In mid-January 2021, the Bureau again supervised and sampled the twists produced and sold by the parties, and no aluminum content was detected.

  The third is that the case played a typical role in demonstration. Food and beverage service units in rural areas are easily overlooked in the supervision process because of their small scale and small number. They are a weak link in the supervision of rural food safety. The investigation and handling of this case serves as a typical example for strengthening the supervision of food and beverage service units in rural areas. effect. Since December 2020, the county’s market supervision department has combined with the catering quality and safety improvement actions, and has combined with the public security, forestry, agriculture and water departments to conduct a comprehensive inspection of the county’s township catering service units, and investigate a series of illegal operations of imported cold chain food, expired food, Wild animals and other cases.