Liuzhou Market Supervision Bureau announced the 2022 investigation and handling of the second batch of typical cases of”iron fist action” in the field of people’s livelihood
By: Date: 2022-07-23 Categories: chinesefood Tags: ,
Since this year, Liuzhou market supervision system has continued to focus on the field of people’s livelihood, comprehensively carried out the”iron fist” action to investigate and deal with cases in the field of people’s livelihood, continued to strengthen law enforcement, investigated and dealt with a number of illegal cases closely related to the masses and of a bad nature, deterred criminals, and effectively safeguarded the legitimate rights and interests of consumers. The second batch of typical cases is now announced:
 
  01

Illegal charging case of Liuzhou express Association
 
Brief description of the case:
 
From January 2020 to July 2021, Liuzhou express Association took advantage of the opportunity entrusted by Liuzhou postal administration to carry out unified identification and vehicle inspection services for electric tricycles used by express service enterprises in our city to engage in mail, express delivery and delivery businesses, in addition to charging the cost of electric tricycle vehicle signboards operated by member enterprises, The inspection fee of electric tricycles used by member units for express delivery business is also charged according to the charging standard of 50 yuan/vehicle/year. The number of charged vehicles is 4654, and the total inspection fee is 232700 yuan.
 
It was verified that the above price behavior of the party concerned violated the provisions of Article 71 of the regulations on optimizing the business environment and Article 21 of the regulations of Guangxi Zhuang Autonomous Region on the administration of administrative institutional fees. The market supervision department imposed an administrative penalty of 100000 yuan on the party concerned according to law, and ordered him to return all the 232700 yuan illegally collected to the paying enterprise within the specified time limit.
 
Case warning:
 
The trade association and chamber of commerce should have played the role of a bridge connecting the government, enterprises and the market, serving the development of enterprises, reflecting the demands of the industry, resolving contradictions and disputes, and strengthening industry self-discipline. However, the parties concerned, relying on their special position and influence in the industry and relying on the management matters of the administrative department, charged tricycle inspection fees beyond the cost of the signboard beyond their scope of responsibility and authority, which increased the burden on relevant enterprises. Next, the market supervision department will continue to rectify the illegal charges related to enterprises, ensure that the dividends of various national policies and measures of”reducing fees and reducing burdens” are fully implemented to terminal enterprises, and provide a strong guarantee for Liuzhou to continue to create a good business environment.
 
  02
 
  Rong’an Hengrong Shida e-commerce service department failed to fulfill the obligation of purchase inspection, and the case of incomplete business identification information and products without compulsory certification
 
Brief description of the case:
 
On March 29, 2022, the law enforcement officers of the market supervision bureau of Rong’an County found during the inspection of the e-commerce service department of Rong’an Hengrong Shida that some toys without the name and address of the manufacturer and children’s toys without the national compulsory product certification (referred to as”3C” certification) were placed on the shelves for sale, including 25 kinds of toys without the name and address of the manufacturer and 12 kinds of children’s toys without the”3C” logo.
 
It is verified that the party concerned failed to perform the obligation of purchase inspection and failed to provide the certificate of product quality inspection when purchasing the above toy products. The above-mentioned acts of the party concerned violated the relevant provisions of the product quality law of the people’s Republic of China, the special provisions of the State Council on strengthening the safety supervision and management of food and other products, and the regulations of the people’s Republic of China on certification and accreditation, The market supervision department imposed an administrative penalty of 3234.2 yuan on the parties in accordance with the law.
 
Case warning:
 
The”3C” certification system is a strict market access system. Children’s toys must meet the relevant safety requirements. It is difficult to guarantee the quality and safety of children’s toys that have not obtained the”3C” certification. In particular, the”three noes” toys, whose inferior plastic may contain phthalates, have the risk of causing deformity and cancer after long-term contact, which will affect children’s health.
 
  03

Case of Liuzhou Yangrong food and Beverage Trade Co., Ltd. infringing the exclusive right to register the trademark of”Niulanshan”
 
Brief description of the case:
 
On March 22, 2022, the law enforcement personnel of Liuzhou market supervision and disposal center inspected Guangxi Liuzhou Yangrong food and Beverage Trade Co., Ltd. and found that the 29 bottles of Niulanshan aged Baijiu operated by the company were suspected to be counterfeit products.
 
After investigation, the above-mentioned Niulanshan aged Baijiu operated by the party concerned belongs to a commodity that infringes the exclusive right to register the trademark of”Niulanshan”. The above-mentioned behavior of the party concerned violates the provisions of item (3) of Article 57 of the Trademark Law of the people’s Republic of China. The market supervision department shall impose an administrative penalty of confiscating the above-mentioned illegal commodities and imposing a fine of 2000 yuan on the parties according to law.
 
Case warning:
 
This case is a registered trademark infringement case. The party selling the infringing products can not explain the legal source of the infringing goods, so it cannot be exempted from administrative punishment. In order to protect the legitimate rights and interests of intellectual property owners and maintain the order of fair competition in the market, the market supervision department will continue to trace the source, dig deep into the clues of the case, strictly investigate illegal acts, and strengthen the publicity and education of intellectual property related knowledge for operators to maintain the order of fair competition in the market.
 
  04

Luzhai county market supervision bureau investigated and dealt with the case of using food additives beyond the scope of production and operation of Luzhai Quanhong rice wine factory
 
Brief description of the case:
 
On November 11, 2021, the law enforcement officers of Luzhai County Market Supervision Bureau inspected the Luzhai Quanhong rice wine factory, and took some samples of”rice wine” for inspection. It was found that the sodium cyclohexylaminosulfonate (sodium cyclamate, calculated by sodium cyclohexylaminosulfonate) in this batch of”rice wine” did not meet the requirements of gb2760-2014, And the”rice” package used for the production and processing of rice wine does not have any label marks or the marks on the packaging bag have been blurred, so it is impossible to distinguish.
 
After verification, according to the national food safety standard for the use of food additives, the”rice wine” produced and operated by the party concerned belongs to the food that uses food additives beyond the scope; When engaging in production and business activities, it uses”rice” with unknown source and does not conform to the general rules for the labeling of prepackaged food in national food safety standards as food raw materials, which belongs to the behavior of small food workshops that do not comply with the clear source of food raw materials and comply with the provisions of relevant food safety standards.
 
The above behavior of the party concerned violated the relevant provisions of the regulations of Guangxi Zhuang Autonomous Region on the administration of small food workshops, small restaurants and food vendors. On May 5, 2022, the market supervision department gave the party a warning and fined 10000 yuan.
 
Case warning:
 
Sodium cyclamate is a commonly used sweetener, which is a food additive restricted by the state. Excessive intake will cause harm to human liver and nervous system. According to the standards for the use of food additives, sodium cyclamate is not allowed to be added to Baijiu. The market supervision department will strictly investigate and deal with the illegal use of food additives beyond the scope, urge operators to use food additives in strict accordance with the scope and limit specified in the national standards, and make every effort to create a food consumption environment that reassures the masses.
 
  05
 
 Liunan District jinchuhui secondhand goods firm sold domestic gas stoves without flameout protection devices
 
Brief description of the case:
 
On March 3, 2022, the law enforcement officers of Liunan District Market Supervision Bureau inspected the jinchuhui used goods firm in Liunan District, Liuzhou City, which is located at No. 150, zhuetang Tun, team 3, zhue village, xi’e township. They found that the 21 domestic gas stoves operated by the parties were not equipped with flameout protection devices, which did not meet the requirements of article 5.3.1.9 of the domestic gas stoves gb16410-2020. The law enforcement officers detained the above products according to law.
 
It is verified that the act of selling products that do not meet the national standards to ensure human health and personal and property safety violates the provisions of Article 25 of the standardization law of the people’s Republic of China. According to the relevant provisions of the standardization law of the people’s Republic of China and the product quality law of the people’s Republic of China, the market supervision department ordered the party concerned to immediately stop the illegal act of selling domestic gas stoves that did not meet the national standards for safeguarding human health and personal and property safety, and confiscated the above illegal commodities and imposed an administrative penalty of 5800 yuan in total.
 
Case warning:
 
Domestic gas stoves are indispensable products in people’s daily life. There are great potential safety risks in selling domestic gas stoves that do not meet national standards, which will endanger the safety of people’s lives and property. Through strict law enforcement and case handling, operators will be strongly urged to establish and strictly implement the purchase inspection system, strictly control the purchase quality, and play an educational and warning role for relevant market entities.