" criminal law " in the provision that involves food safety to commit a crime basically has the 140th, the 143rd, the 144th, be suspected of the 149th times endangering food safety to commit a crime with the 150th, accord with the following 12 kinds of case, ought to move send public security office.
1
Production, sale does not accord with the food of food safety standard, those who have one of following state, ought to maintain for " criminal law " of the 143rd regulation " enough causes serious bromatoxism accident other perhaps and serious disease of the sex that feed a cause " : Contain what exceed standard set limit to badly to send ill sex of material of health of remain of microbial, pesticide, animal drug remain, heavy metal, pollutant and other harm human body; Attribute die in one's bed, cause of death unidentified perhaps examine animal of the cultivate with unqualified quarantine, birds, animal, aquatic product and its flesh kind, the flesh kind of goods; Development place grows to need nutrient composition not to accord with food safety standard badly in infant food; Other enough causes serious bromatoxism accident to feed the case of source sex disease badly perhaps.
2
Production, sale does not accord with the food of food safety standard, have one of following state, ought to maintain for " criminal law " of the 143rd regulation " cause serious harm to human body health " : Cause flesh wound above to harm; Cause spend deformity gently medium perhaps spend deformity; Cause an organ to organize injury to bring about general function obstacle of obstacle of serious perhaps function; Cause 10 people above serious bromatoxism is other perhaps and serious of disease of the sex that feed a cause; Other the situation that creates serious harm to human body health.
3
Production, sale does not accord with the food of food safety standard, have one of following state, ought to maintain for " criminal law " of the 143rd regulation " other and serious clue " : Amount of production, sale of 200 thousand yuan of above; Production sells amount 100 thousand yuan of above are malcontent 200 thousand yuan, the food amount that does not accord with food safety standard is larger or duration of production, sale is longer; Amount of production, sale 100 thousand yuan of above are malcontent 200 thousand yuan, belong to infant food; Amount of production, sale 100 thousand yuan of above are malcontent 200 thousand yuan, the Ceng Yin inside a year endangers food safety to violate guilty activity to had sufferred what administration is punished or criminal punishs; The case with other severe scenario.
4
Production, sale does not accord with the food of food safety standard, have one of following state, ought to maintain for " criminal law " of the 143rd regulation " consequence is particularly serious " : Send what the person dies or spend deformity again; Cause 3 people above serious injury, medium spend deformity or the organ organizes injury to bring about serious function barrier to get; Cause above of flesh wound of 10 people above, 5 people to spend deformity gently or the organ organizes injury to bring about general function obstacle; Cause 30 people above serious bromatoxism is other perhaps and serious of disease of the sex that feed a cause; Other and special serious consequence.
5
Production, sale is poisonous, harmful food, have one of following state, ought to maintain for " criminal law " of the 144th regulation " cause serious harm to human body health " : Cause flesh wound above to harm; Cause spend deformity gently medium perhaps spend deformity; Cause an organ to organize injury to bring about general function barrier to get barrier of serious perhaps function; Cause 10 people above serious bromatoxism is other perhaps and serious of disease of the sex that feed a cause; Other the situation that creates serious harm to human body health.
6
Production, sale is poisonous, harmful food, have one of following state, ought to maintain for " criminal law " of the 144th regulation " other and serious clue " : Amount of production, sale 200 thousand yuan of above are malcontent 500 thousand yuan; Amount of production, sale 100 thousand yuan of above are malcontent 200 thousand yuan, the amount of poisonous, harmful food is larger or duration of production, sale is longer; Amount of production, sale 100 thousand yuan of above are malcontent 200 thousand yuan, belong to infant food; Amount of production, sale 100 thousand yuan of above are malcontent 200 thousand yuan, the Ceng Yin inside a year endangers food safety to violate guilty activity to had sufferred what administration is punished or criminal punishs; Sex of poisonous, harmful harm of blame food raw material is strong or content is high; The case with other severe scenario.
7
Production, sale is poisonous, harmful food, amount of production, sale 500 thousand yuan of above, perhaps have one of following state, ought to maintain for " criminal law " of the 144th regulation " the death that send a person perhaps has other and special serious plot " : Send what the person dies or spend deformity again; Cause 3 people above serious injury, medium spend deformity or the organ organizes injury to bring about serious function obstacle; Cause above of flesh wound of 10 people above, 5 people to spend deformity gently or the organ organizes injury to bring about general function obstacle; Cause 30 people above serious bromatoxism is other perhaps and serious of disease of the sex that feed a cause; Of other and special serious consequence.
8
In food treatment, sale is carried, in the process such as keep in storage, violate food safety standard, exceed set limit to to perhaps exceed limits to abuse additive agent for food, enough causes serious bromatoxism accident other perhaps and serious of disease of the sex that feed a cause, according to " criminal law " the food blame that the 143rd regulation does not accord with safe level with production, sale convictions punishment.
9
In the process such as food treatment, sale, carriage keep in storage, mix into enters poisonous, harmful blame food raw material, perhaps use poisonous, harmful blame food raw material to process food, in health food law of Central Africa of other perhaps provision adds a country to ban the according to that waits for poisonous, harmful material with medicaments " criminal law " the 144th regulation with production, sale blame of poisonous, harmful food convictions punishment.
10
Production, sale does not accord with the additive agent for food of food safety standard, use at the packing material of food, container, scour, disinfectant, perhaps wait with the tool that manages at food production, equipment, make crime, according to " criminal law " the 140th regulation sells blame of false and inferior product to conviction with production punishment.
11
Know perfectly well other production, sale not to accord with the food of food safety standard, poisonous, harmful food, those who have one of following state, the food blame that does not accord with safe level with production, sale perhaps produces, the accomplice punish that sells blame of poisonous, harmful food: Of certificate of date of bankroll, loan, Zhang, bill, proof, license; Offer production, management place to perhaps be carried, keep in storage, custodial, mail, of the convenience condition such as network sale channel; Offer manufacturing technology or food raw material, additive agent for food, provision is relevant of the product; Offer the conduct propaganda such as advertisement.
12
The personnel that because food safety commits a crime to be sentenced,the set term of imprisonment punishs with torture, lifelong must not be engaged in food producing management to work, also do not manage administrator of company provision safety so that hold the position of food to produce. The member that food produces operator to recruit a person disobeys above to set, control license of management department revoke by medicines and chemical reagents of food of government of people of prefectural class above.
