Shandong Shanxian Market Supervision and Administration Bureau interprets the law case 3-a case of a supermarket operating a food that exceeds the shelf life
By: Date: 2021-04-13 Categories: chinesefood Tags: ,
  【Introduction of the case】
   On December 16, 2020, when the law enforcement officers of our bureau inspected a supermarket in Shanxian County, they found that there was a box of glutinous rice crispy rice on the shelf, and the product was marked”produced by an Anhui Food Co., Ltd., production date:2020 On April 9, 2010, the shelf life:180 days”; 2 cans of nutritious meat velvet are also placed, and the product is marked”produced by a Fujian Food Co., Ltd., production date:November 1, 2019, shelf life:12 months”. Both of these foods have exceeded their expiration dates, and the supermarket is still selling on the shelves. The supermarket purchased a total of 6 boxes of glutinous rice and rice crackers and 6 cans of nutritious meat velvet. They were able to provide purchase receipts and inspected the supplier procedures. The purchase price of glutinous rice and rice crackers is 12 yuan/box, and the selling price is 15 yuan/box; the purchase price of nutritious meat velvet is 44 yuan/can, and the selling price is 48 yuan/can. After the inspection, the supermarket sold 3 boxes of glutinous rice crisps after the expiration date, and recalled 2 boxes with a profit of 3 yuan; the nutritional meat velvet was not sold after the expiration date.
  [Investigation and Processing]
   The supermarket’s act of operating food beyond the shelf life violates the provisions of Article 34, Item 10 of the Food Safety Law of the People’s Republic of China, in accordance with Article 124, Article 124 of the Food Safety Law of the People’s Republic of China According to the provisions of paragraph 5, this bureau ordered the supermarket to correct the illegal behavior and made an administrative penalty decision of confiscation of illegal income and illegally operated food, and a fine.
  [Legal Analysis]
  The shelf life refers to the period of time for prepackaged food to maintain its quality under the storage conditions specified on the label (such as dry, cool, frozen, refrigerated, etc.). During this period, the food is completely suitable for sale and maintains the unique quality that is not required or has been described in the label. Food beyond the expiration date may deteriorate. In this case, eating will cause harm to consumers’ personal health. The supermarket’s behavior violated Article 34, Item 10 of the Food Safety Law of the People’s Republic of China, “Prohibiting the production and operation of the following foods, food additives, and food-related products:(10) Foods marked with false production dates, expiration dates, or expiration dates , Food additives;”, constitutes the act of dealing in food beyond the shelf life. In accordance with Article 124, Paragraph 1, Item 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 food safety supervision and management of the people’s government at or above the county level The 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; if the value of illegal production and operation of food and food additives is less than 10,000 yuan, they shall be dealt with concurrently. A fine of not less than 50,000 yuan but not more than 100,000 yuan; if the value of the goods is more than 10,000 yuan, a fine of ten times to twenty times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked:(5) false production date for production and operation , The shelf life of food or food additives that have exceeded the shelf life;” the Bureau decided to punish them in accordance with the law.
  [typical meaning]
  Food safety is related to the health and life safety of the people, and there are big hidden dangers in operating food that exceeds the shelf life. Food business operators shall conduct inspections in accordance with regulations when purchasing food; they shall continue to ensure food safety during the business process. In this case, although the supermarket only sold 3 boxes of glutinous rice crisps that had exceeded the expiration date and had recalled 2 boxes, it had not fulfilled the obligation of the food business operator to regularly inspect and timely clean up the food that exceeded the expiration date and should bear corresponding responsibilities.
  During the supervision process, the Shanxian Market Supervision Administration has continuously strengthened the integrity management and food safety publicity and education of food operators, and urged food operators to earnestly do every link to ensure the food safety of the people; at the same time, they strengthened the food safety In the inspection of the business link, where the deficiencies are found, the food business operators are guided to make corrections in time, and once illegal acts are found, they will be investigated and punished in accordance with the law.
  Shanxian County Market Supervision and Administration Bureau reminds consumers that when buying food, they should carefully check whether the label information on the package is complete and clear, and achieve”three checks and three attentions”:first check whether the food packaging labels are complete, pay attention Whether the food name, factory name, factory address, production date, shelf life, etc. are marked on the outer packaging of the food; second check the production date and shelf life of the food, pay attention to whether it exceeds the shelf life; third check the appearance of the food, pay attention not to buy food with abnormal sensory, and ask for it Proof of purchase. Once there is a quality problem with the purchased food, it should promptly complain to the market supervision and management department to legally protect the rights.