Case of Zheng Xinchun Food Business Department (Zheng Xinchun) in Qingguang Town, Beichen District, Tianjin, which deals with foods that have exceeded the expiration date and licenses and food delivery inspection certificates for uninspected suppliers
By: Date: 2021-04-08 Categories: authoritativerelease Tags: ,
  Tianjin Municipal Market Supervision and Administration Commission

  Administrative penalty decision letter

   Jin City Supervisor Punishment [2021] No. 49
  Party:Zheng Xinchun Food Management Department (Zheng Xinchun), Qingguang Town, Beichen District, Tianjin
  Name of the subject qualification certificate:Business license for individual industrial and commercial households
   Unified Social Credit Code (Registration Number):92201113MA063WTP5E
   Residence (Address):No. 39, Area A1, Hanjiashu Agricultural Products Wholesale Market, Qingguang Town, Beichen District, Tianjin
   Operator:Zheng Xinchun
   ID number:15****51
  Contact number:13*****9
  Address:No. 39, Area A1, Hanjiashu Agricultural Products Wholesale Market, Qingguang Town, Beichen District, Tianjin
   On March 5, 2021, during the law enforcement inspection of a store in Nankai District, Tianjin, the law enforcement officers of the Commission found that there were a total of 5 bags of”Mengniu” brand pure milk in the operation room of the store (specification:200ml/bag; date of production) :20210130; shelf life:30 days), which are foods that exceed the shelf life. After verification, the above milk was purchased from the parties concerned on March 3, 2021, and it was found that the shelf life had expired during the purchase inspection (the shelf life of this batch of food was as of March 1, 2021).
  The law enforcement officers of our commission went to the party concerned to carry out law enforcement inspections. No”Mengniu” brand pure milk was found on the spot, and the parties were found to operate the sales records of the batch of pure milk that exceeded the shelf life, and the parties did not check the pure milk supplier”Business License”,”Food Business Permit” and certificate of qualified food factory inspection. The law enforcement officers of our commission also found 19 bags of”Qiaotou” hot pot base material (specification:500g/bag; production date:2018.12.03; shelf life:18 months) on the shelves of the business premises, and found”Rongshan” brand soaked sea pepper (Specification:2kg/bag; production date:2018/05/22; shelf life:12 months) There are 3 bags in total. The above hot pot base and sea pepper have exceeded the shelf life. The law enforcement officers of our commission conducted inquiries on the parties on the spot, made a transcript of the inquiry, and implemented administrative compulsory measures on the above-mentioned hot pot bottom materials and soaked sea peppers. On March 5, 2021, it was approved to be filed for investigation.
  According to investigation, on March 3, 2021, the party sold a box of”Mengniu” brand pure milk beyond the shelf life to a store in Nankai District, Tianjin (specification:200ml/bag×16 bags/carton; production date:20210130; Shelf life:30 days), and the supplier’s license and food factory inspection certificate or other qualification certificates have not been checked when purchasing the pure milk. On March 5, 2021, the parties are selling 19 bags of”Qiaotou” brand hot pot base ingredients (specification:500g/bag; production date:2018.12.03; shelf life:18 months) and”Rongshan” brand foams that have exceeded their shelf life. There are 3 bags of sea pepper (specification:2kg/bag; production date:2018/05/22; shelf life:12 months). The above-mentioned actions of the parties meet the requirements for operating the food that has exceeded the shelf life, the licenses of uninspected suppliers, and the food factory inspection certificate. The value of the goods in this case was 379.4 yuan, and the illegal gain was 30 yuan.
  The above facts are mainly proved by the following evidence:
  1. A copy of the party’s business license, a copy of the food business license, and a copy of the operator’s ID card;
  2. A copy of on-site inspection photos of a store in Nankai District, Tianjin, a copy of the person in charge’s inquiry transcript, and a copy of the purchase receipt;
  3. On-site transcripts, inquiry transcripts, photos of on-site inspections, decisions on the implementation of administrative compulsory measures, financial checklists and receipts, copies of sales records, etc.;
   4. Description of the situation and calculation of the value of the goods and the illegal income.
   On March 30, 2021, the Commission directly served the”Administrative Punishment Hearing Notice” (Jinshi Jianzhi Hearing [2021] No. 43) to the party concerned, and the party did not submit a statement or defense within the statutory time limit. No hearing was required.
  The behavior of the parties violated Article 34, Paragraph 1, Item (10) of the Food Safety Law of the People’s Republic of China,”It is forbidden to produce and operate the following foods, food additives, and food-related products:(10) Mark false production dates , Food and food additives that have a shelf life or have exceeded the shelf life” and Article 53, paragraph 1, “Food dealers shall check the supplier’s license and the food factory inspection certificate or other qualification certificates (hereinafter referred to as “qualification certificate”) when purchasing food. File)”.
   Discretionary facts and reasons:the parties cannot lenient or mitigate the circumstances of the administrative penalty, nor can they reinforce the circumstances of the administrative penalty. Comprehensive consideration shall be given to give an intermediate penalty.
   According to Article 124, Paragraph 1 (5) of the”Food Safety Law of the People’s Republic of China”,”If one of the following circumstances violates the provisions of this law and does not constitute a crime, the people at or above the county level The government food safety supervision and management department confiscates illegal income and illegal production and operation of food and food additives, and may confiscate tools, equipment, raw materials and other items used in illegal production and operation; the value of illegal production and operation of food and food additives is less than 10,000 If the value of the goods is more than 10,000 yuan, a fine of more than 50,000 yuan and less than 100,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of ten to twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked:(5) Production Dealing with foods and food additives marked with false production date, shelf life, or exceeding shelf life” and Article 23 of the”Administrative Punishment Law of the People’s Republic of China””When administrative agencies impose administrative penalties, they shall order the parties to correct or correct illegal acts within a time limit” , Order the party concerned to correct the illegal act of dealing in food that has exceeded the shelf life, and impose the following administrative penalties on the party:
  1. Confiscated 19 bags of”Qiaotou” hot pot base and 3 bags of”Rongshan” brand soaked sea pepper;
  2. Confiscate 30 yuan of illegal income;
  3. A fine of 84,000 yuan.
  In accordance with Article 126, Paragraph 1 (3) of the Food Safety Law of the People’s Republic of China, “in violation of the provisions of this law, one of the following circumstances shall be subject to food safety supervision and management by the people’s government at or above the county level The department shall order corrections and give warnings; if they refuse to make corrections, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, they shall be ordered to suspend production and business until the license is revoked:(3) Food and food additive producers and operators fail to inspect when purchasing goods Permits and related certification documents, or failing to establish and comply with the requirements of the purchase inspection record, factory inspection record and sales record system”, the parties shall be given the following administrative penalties:
   1. Warning.
  The party concerned shall pay the fine (forfeiture) to Industrial and Commercial Bank of China Tianjin Branch, Agricultural Bank of China Tianjin Branch, Bank of China Tianjin Branch, China Construction Bank Tianjin Branch, China Everbright within 15 days from the date of receipt of this decision. The branches of the Bank Tianjin Branch, Bank of Tianjin, Tianjin Branch of Zheshang Bank and other municipal finance designated non-tax revenue collection bank-to-public branches. If the fine is not paid within the time limit, in accordance with Article 51 (1) of the”Administrative Punishment Law of the People’s Republic of China”, an additional fine of 3%of the fine will be imposed every day, and an application will be applied to the people’s court for enforcement according to law .
  If you are not satisfied with this administrative penalty decision, you can apply to the State Administration of Market Supervision and Administration or the Tianjin Municipal People’s Government for administrative reconsideration within 60 days from the date of receipt of this decision, or you can apply to Tianjin Heping within six months according to law. The district people’s court filed an administrative lawsuit. During the period when an administrative reconsideration is applied for or an administrative lawsuit is filed, the execution of administrative punishment shall not be suspended.
   (seal)
   April 6, 2021
   (The market supervision and management department will publicize the administrative penalty decision information to the public in accordance with the law)