Criminal detention + fine + apology – Lujiang court publicly sentenced a crime of producing and selling food that did not meet safety standards
By: Date: 2022-07-15 Categories: Uncategorized
On July 14, the people’s Court of Lujiang County publicly sentenced a crime of producing and selling food that did not meet safety standards, and sentenced the defendant Wang to criminal detention for five months, suspended for 10 months, and fined 16000 yuan. The defendants of the incidental civil public interest litigation, Yuchun jiaozi store in Baihu Town, Lujiang County and Mr. Wang, were ordered to make an apology to the society through the local media within 10 days after the judgment took effect, and to bear a punitive compensation of 24000 yuan, which was three times the total amount of illegal sales.
 
  Case review
 
Yuchun dumpling restaurant in Baihu Town, Lujiang County has been making fried dough sticks and selling them since January 2021. The dumpling restaurant is a self-employed industrial and commercial household operated by song. Wang, the husband of song, is the actual producer of fried dough sticks. Knowing that alum contained heavy metal aluminum, Wang still added alum when making fried dough sticks in order to make them sell well and taste crisp.
 
On August 18, 2021, the market supervision and Administration Bureau of Lujiang County sampled and submitted the fried dough sticks being sold in the store for inspection. After the inspection by the testing company, the aluminum residue in the fried dough sticks sample was 390mg/kg, which seriously exceeded the standard of aluminum residue < 100mg/kg specified in the national food safety national standard for the use of food additives (gb2760-2014).
 
  After hearing, the court held that
 
The defendant, Mr. Wang, who violated the national food safety standard in the production and sale of fried dough sticks by adding alum, so that the aluminum residue in the fried dough sticks seriously exceeded the standard limit, which was enough to cause serious food poisoning accidents or other serious foodborne diseases, his behavior constituted the crime of producing and selling food that did not meet the safety standard.
 
The defendants of the incidental civil public interest litigation, Yuchun jiaozi restaurant in Baihu Town, Lujiang County and Wang Moumou, who produced and sold food that did not meet the safety standards, infringed on the life and health rights of unspecified consumers and damaged the social and public interests, and should bear the corresponding civil liability. Therefore, the above judgment was made according to law.

The judge said
 
Article 143 of the criminal law of the people’s Republic of China, Whoever produces or sells food that does not meet food safety standards, which is enough to cause serious food poisoning accidents or other serious food borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or sentenced to confiscation of property.
 
Article 1 of 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, the production and sale of food that does not meet the food safety standards shall be recognized as”sufficient to cause serious food poisoning accidents or other serious food borne diseases” as stipulated in Article 143 of the criminal law under one of the following circumstances:
 
(1) containing pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health that seriously exceed the standard limit; (2) Livestock, poultry, animals, aquatic animals and their meat and meat products that have died of illness, unknown cause of death or fail to pass the inspection and quarantine; (3) The production and sales are expressly prohibited by the state for the prevention and control of diseases and other special needs; (4) The nutritional components required for growth and development in infant food seriously fail to meet the food safety standards; (5) Other circumstances sufficient to cause serious food poisoning accidents or serious food borne diseases.
 
Food is the priority of the people, and food safety is the priority. The Lujiang court will continue to maintain a high-pressure situation against crimes endangering food safety, strictly control the facts, procedures and laws, safeguard the”safety on the tip of the tongue” of the people in accordance with the law with judicial force, and protect the Chinese food under the sun.