”Food is the most important thing for the people” is a well-known phrase. Food is something that people have to touch every day. Food safety is also related to people’s livelihood. It is related to the people’s sense of happiness and sense of acquisition. Food safety is a “people’s heart project” related to the national economy and people’s livelihood. It is directly related to the health and life safety of the people. However, some businesses produce and sell products that do not meet safety standards for small gains Food brings harm to the lives and property safety of the people. In March 2021, the Honghuagang District Court issued a public sentence in accordance with the law on a case of deliberately mixing poppy husks, which are toxic and harmful to the human body, into the beef broth produced and processed for human consumption. The defendant Liu Moumou Sentenced for the crime of producing and selling toxic and harmful food.
Brief case:Defendant Liu Moumou was responsible for the processing and sales of beef rice noodles and the”Huang Braised Beef Noodle Restaurant” operated by Yu Mou in a certain storefront in Honghuagang District. Beef hot pot, during July 2020, the defendant Liu added poppy shells to his processed beef soup and sold it to others for consumption by selling beef rice noodles and beef hot pot. On July 8, on-site sampling by the staff of the Market Supervision and Administration Bureau detected that the beef broth processed and sold contained toxic and harmful ingredients such as papaverine, and at the same time, a poppy husk was picked up from the soup pot. The soup was sampled by the Municipal Product Quality Inspection and Testing Institute:Papaverine content of 694μg/kg and narcotine content of 61.3μg/kg were detected. The poppy husk picked up from the soup pot was sent for inspection by the public security agency, and the ingredients of morphine, codeine, thebaine, papaverine, and narcotine were detected. After accounting, Liu Moumou sold toxic and harmful food for 1,000 yuan.
Honghuagang District Court found that the defendant Liu Moumou violated national food safety regulations by mixing toxic and harmful non-food ingredients in the food produced and sold , His behavior has violated the criminal law and constitutes the crime of producing and selling toxic and harmful food. The defendant Liu, in violation of the Food Safety Law, deliberately mixed non-food raw material poppy shells that are toxic and harmful to the human body in the beef broth produced and processed, and sold it to unspecified consumers, harming many unspecified consumers. The right to health harms the public interest of society. In accordance with the relevant provisions of the Food Safety Law and the General Principles of the Civil Law, and in accordance with the provisions of the Criminal Law, the defendant Liu Moumou was sentenced to the crime of producing and selling toxic and harmful food and sentenced to six months imprisonment with a one-year probation. Fine; Defendant Liu XX is prohibited from engaging in work related to food production and sales during the probation period; Defendant Liu XX shall immediately compensate 10,000 yuan in punitive damages ten times the sales amount, and in the news media above the city level Shanghai publicly apologizes to the public, and the content of the apology needs to be reviewed by the court.
Judge’s interpretation:The poppy shell contains “morphine”, which is a potential “drug” that can cause many adverse reactions. Because poppy shells are added to broth and dishes As well as common condiments such as chili oil and monosodium glutamate, it will make the brain produce a strong memory effect, increase the umami taste of food, and the”taste” is also excellent. People are easily addicted to food, and long-term consumption may be poisoned. Additives bring hidden dangers to”safety on the tip of the food”. On the other hand, when some people ate foods containing poppy shells, the urine test was positive, and they could not turn negative for a long time, causing many misunderstandings. Some were mistaken for “drug users”, and some encountered civil servants, In the physical examination of the career establishment examination, the urine test was positive and failed to pass, which had a certain impact on people’s work and life.
In recent years, the Honghuagang District Court has severely cracked down on criminal crimes endangering food safety, adopting a”zero tolerance” attitude, and severely punishing production and sales that do not meet hygienic standards. A number of cases involving food and drug crimes involving food and medicine have been tried in accordance with the law, with 63 defendants involved. The crimes involved include:production and sale of toxic and harmful food, crimes of illegal business operations, and sales. Crimes of counterfeit medicines, crimes of producing and selling counterfeit and inferior products, etc. At the same time, in order to effectively prevent criminals from harming society again, to support the prosecution’s request for public interest litigation, the defendant was sentenced in accordance with the law to apologize to consumers and to pay 10 times the amount of illegal income.
The conclusion of the above-mentioned case has not only deterred criminals, but also sounded a warning to other food operators, warning them to uphold integrity and self-discipline, and strictly abide by food safety standards. In production and operation, our court will give full play to the role of criminal adjudication, severely crack down on illegal and criminal acts, effectively protect the legitimate rights and interests of consumers and the people, and ensure public safety.