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Author discovery, buddhist nun of egg fluorine benzene studies a project unqualified, the person that basic level executes the law is right the person that sell undertakes condemnatory existence contradiction circumstance. Some law case are applicable " safety of quality of sale of edible produce market supervises administrative measure " the 25th (one) punishment (use ban used animal drug) , some is applicable the 25th (2) punishment (animal drug remains) , former correspondence " food safety law " 123, amerce rises 100 thousand yuan; Latter correspondence " food safety law " 124, amerce rises 50 thousand yuan. Sea of exemple as above feeds medical inspect bureau to check the announce that handles buy case about unqualified food (2018 the 12nd period) , violate the supermarket with same situation to two, part applicable different legal provision; Similar law case, superintendency bureau of Henan province market 35 announce are medium 2018 applicable " method " the 25th (one) , 6 announce are medium 2019 applicable " method " the 25th (2) .
This brings a lot of bewilderment to masses, affect force of governmental public letter. The author thinks, the crucial point of applicable and different provision depends on, fluorine benzene Buddhist nun is taken an examination of is used in phase of what breed aquatics. 235 announcement, 278 announcement reach former Ministry of Agriculture to Guizhou somewhere reply make clear: Buddhist nun of benzene of animal drug fluorine is taken an examination of (produce an egg to ban with) , the yield that those who point to is egg chicken Buddhist nun of taboo fluorine benzene takes an examination of egg period, other breed aquatics level can be used.
Basic level executes the law if the branch can find out fluorine benzene Buddhist nun to take an examination of it is to be in those who produce egg period to be used, so should applicable " method " the 25th (one) , proving without evidence conversely is to be in those who produce egg period to be used, so should applicable " method " the 25th (2) .
Above understanding is accurate, ask total bureau to give bright show! Execute the law related the standard.
Answer
1, the apanage duty that administrative punishment is basic level superintendency branch, each place superintendency branch depends on compasses union case lawfully actual condition, the regulation that eases punishment lightly according to apanage carries out administration to punish. If party punishs result existence demur to administration, authority puts forward administration is reconsidered or administrative lawsuit applies for. 2, segment of edible produce production is superintended belong to function of agricultural country branch. The proposal can seek advice from relevant section.
Reply branch: Food safety sampling observation is monitored
We had pool to the punishment of relevant case designedly:
Case 1: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Case introduction:
Company (supermarket) sampling check gives the egg classics of the sale fluorine benzene Buddhist nun takes an examination of a project to be not accorded with " highest remain measures drug of the animal in animal sex food " (announcement of Ministry of Agriculture of People's Republic of China 235) requirement, goods is worth amount 4320 yuan, illegal earning 720 yuan.
Punish a basis:
This company fulfilled replenish onr's stock to check wait for obligation, the egg that does not know its are purchased does not accord with food safety standard, showed stock source, according to " law of safety of food of People's Republic of China " the 136th regulation, avoid grant to punish.
Basis introduction:
The replenish onr's stock that operator of the 136th food performed this code to decide is checked wait for obligation, the food that sufficient evidence proves its do not know to purchase does not accord with food safety standard, can show its stock source according to the facts, lest grant,can punish, but the food that ought to confiscate its not to accord with food safety standard lawfully; Cause person, belongings other perhaps those who damage, assume liability to pay compensation lawfully.
Fluorine benzene Buddhist nun takes an examination of the introduction:
Manage contain antibiotic kind medicaments, through restraining peptide acyl radical transfers enzymatic active and produce wide music bacteriostasis, the chart that fight bacterium is wide, include all sorts of change positive of orchid family name, electronegative bacterium and raise former put oneself in another's position to wait. Former put oneself in another's position of coccus of bacili of bacterium of family name of congratulate of the bloodsucking bacili that sensitive bacterium includes ox, pig, dysenteric annals, salmonella, coliform organisms, pneumococcus, flu, streptococcic, golden lubricious grape, garment, hook carries helicoid, establish a gram body of second family name. Utility: ? The bacterial sex disease that busy of of of Fu of Xing of Xi of rotten to shirk of of of of every cluck of ㄓ of an ancient unit of weight makes? chicken, duck and fish, affect curative effect to respiratory system infection and alvine path especially remarkable.
Fluorine benzene Buddhist nun takes an examination of examine basis introduction:
Case 2: Be suspected of selling fluorine benzene Buddhist nun to take an examination of content to surpass the egg record of mark
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Be suspected of selling fluorine benzene Buddhist nun to take an examination of content to surpass the egg record of mark
Case introduction:
Buddhist nun of sale fluorine benzene takes an examination of content to exceed the egg of mark
Punish a basis:
" law of safety of food of People's Republic of China " the 124th the first the first regulation: 1, to fine long hair of 10 thousand peaceful flourishing trade limited company is in 50000 yuan of amerce; 2, confiscate illegal earning 6912 yuan.
Basis introduction:
The 124th disobeys this code to decide, have one of following state, still do not make crime, by medicines and chemical reagents of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food that illegal production runs, additive agent for food, can do not have the tool that expropriation manages at violating production, equipment, article such as raw material; Goods of the food that illegal production runs, additive agent for food is worth amount to be not worth 10 thousand yuan, be in 50 thousand yuan of above 100 thousand yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount decuple above 20 times the following amerce; The clue is serious, revoke licence:
(one) production manages the sex that cause disease microbial, the food that the corporeal content of health of the pollutant such as toxin of pesticide remain, animal drug remain, biology, heavy metal and other harm human body exceeds set limit to of food safety standard, additive agent for food;
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 3: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Case introduction:
Check of battalion of grocer go by gives Buddhist nun of the benzene that contain fluorine to take an examination of an egg, experience case goods is worth 1900 yuan, make a thorough investigation of illegal earning 216 yuan
Punish a basis:
According to " safety of quality of sale of edible produce market supervises administrative measure " fiftieth the 2nd, " law of safety of food of People's Republic of China " the 124th the first, administration of People's Republic of China sanctions a method " the 27th the first (one) give the following administration punishment, 1, confiscate illegal earning 216 yuan; 2, punish 5000 yuan; Above 1, punish 2 times do not have a paragraph to add up to 216 yuan.
Basis introduction:
" safety of quality of sale of edible produce market supervises administrative measure " fiftieth the person that sell offends this idea the 25th the first, the 5th, the 6th, eleventh of the regulation, supervise law of safety of food of management department according to by medicines and chemical reagents of food of prefectural class above the 123rd the first regulation gives punishment.
Offend this idea the 25th the 2nd, the 3rd, the 4th, decathlon sets, supervise law of safety of food of management department according to by medicines and chemical reagents of food of prefectural class above the 124th the first regulation gives punishment.
Offend this idea the 25th the 7th, dozenth a regulation, the flesh that the sale did not undertake examining by the regulation kind, perhaps sell tag address of name of false edible produce producing area, generator, generator, tag forge, of the edible produce that risks the quality mark such as used attestation symbol, by medicines and chemical reagents of food of prefectural class above supervisory management department is instructed correct, be in 10 thousand yuan of above 30 thousand yuan of the following amerce.
Offend this idea the 25th the 8th, of the 9th regulation, supervise law of safety of food of management department according to by medicines and chemical reagents of food of prefectural class above the 125th the first regulation gives punishment.
The 25th prohibits selling following edible produce:
(2) the corporeal content of health of the pollutant such as toxin of remain of microbial, pesticide, animal drug remain, biology, heavy metal and other harm human body exceeds the sex that cause disease of set limit to of food safety standard;
" law of safety of food of People's Republic of China " the 124th the first (consult above paragraphs)
" administration of People's Republic of China sanctions a method " the 27th party has one of following state, perhaps ought to reduce administrative punishment lightly lawfully:
(one) be eliminated actively or reduce illegal behavior to endanger consequence;
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 4: Manage the duck's egg proposal that contains Buddhist nun of benzene of animal drug fluorine to take an examination of
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Case introduction:
** year day of ** month ** , supervisory management board of medicines and chemical reagents of *** county food executes the law personnel undertakes supervisory sampling observation to the duck's egg of 10 thousand close sales closing inside *** free market of agricultural products, sample number is *** . Via sampling inspection, of duck's egg examine Buddhist nun of project fluorine benzene is taken an examination of examine the value is *** μ G/kg, do not accord with " drug of the animal in animal sex food is highest rudimental set limit to " (Ministry of Agriculture 2002 235 announcement) requirement, examine eventuate is unqualified. ** year day of ** month ** , my bureau executes the law personnel general " examine report " (NO:***) service gives you, undertake to your egg booth the spot is checked, the spot did not discover unqualified duck's egg. Via checking, you at ** year the duck's egg classics that day of ** month ** sells sampling inspection, via examining fluorine benzene Buddhist nun is taken an examination of detect the value is ** microgramme / kilogram, standard regulation goes out to do not get check, decide unqualified. You at ** year day of ** month ** purchases this to approve unqualified duck's egg in all in all ** , purchasing the value is ** yuan / , sale price is ** yuan / , total already sale is over, the money worth amount that violates management duck's egg is ** yuan. You purchased afore-mentioned unqualified duck's egg to fulfill replenish onr's stock to check obligation, asked for purchase note, keep the supplier Id photocopy of afore-mentioned unqualified duck's egg, the duck's egg that does not know its are managed does not accord with food safety standard. You get duck's egg oneself unqualified examine after the report, it is active before egg stall paste announcement recall is unqualified duck's egg, the reason platoon of unqualified to managing duck's egg is checked rectify and reform.
Punish a basis:
Basis " safety of quality of sale of edible produce market supervises administrative measure " fiftieth 4 regulation, plan to give the following administration punishment to this unit: Avoid grant to punish.
Basis introduction:
" safety of quality of sale of edible produce market supervises administrative measure " the edible produce replenish onr's stock that the fiftieth person that 4 are sold performed this method to set is checked wait for obligation, the edible produce that sufficient evidence proves its do not know to purchase does not accord with food safety standard, can show its stock source according to the facts, lest grant,can punish, but the edible produce that ought to confiscate its not to accord with food safety standard lawfully; Cause person, belongings other perhaps damage, assume liability to pay compensation lawfully.
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 5: The supermarket manages check to give the earthy egg proposal that Buddhist nun of the benzene that contain fluorine studies
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: The supermarket manages check to give the earthy egg proposal that Buddhist nun of the benzene that contain fluorine studies
Case introduction:
The supermarket manages check to give the earthy egg proposal that Buddhist nun of the benzene that contain fluorine studies
Punish a basis:
According to " law of safety of food of People's Republic of China " the 123rd the first, " safety of quality of sale of edible produce market supervises administrative measure " fiftieth 4, give party remit.
Basis introduction:
" law of safety of food of People's Republic of China " disobey this code the 123rd times to decide, have one of following state, still do not make crime, by medicines and chemical reagents of food of government of people of prefectural class above supervisory management department confiscates illegal earning and the food that illegal production runs, can do not have the tool that expropriation manages at violating production, equipment, article such as raw material; The food money that illegal production manages is worth amount to be not worth 10 thousand yuan, be in 100 thousand yuan of above fifty thousand and ten yuan of the following amerce; Goods is worth amount of 10 thousand yuan of above, be in goods to be worth amount 15 times above 30 times the following amerce; The clue is serious, revoke licence, can be opposite by public security mechanism the director staff that its are in charge of directly and personnel of other and direct responsibility are in 5 days of above 15 days to detain below:
(one) produce the food, material that adds the chemical material beyond additive agent for food and other possibility to endanger human body health in food with blame food raw material, perhaps use reclaim food produces food as raw material, perhaps run afore-mentioned food;
" safety of quality of sale of edible produce market supervises administrative measure " fiftieth 4 (consult above paragraphs)
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 6: Egg products approves check of battalion of hair go by to give the egg proposal that Buddhist nun of the benzene that contain fluorine studies
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Egg products approves check of battalion of hair go by to give the egg proposal that Buddhist nun of the benzene that contain fluorine studies
Case introduction:
In be engaged in food running an activity, manage do not accord with egg of food safety standard
Punish a basis:
According to " safety of quality of sale of edible produce market supervises administrative measure " fiftieth the first, " law of safety of food of People's Republic of China " the 123rd the first, " safety of quality of sale of edible produce market supervises administrative measure " fiftieth 4, avoid grant administrative punishment
Basis introduction:
" safety of quality of sale of edible produce market supervises administrative measure " fiftieth the first (consult above paragraphs)
(
" safety of quality of sale of edible produce market supervises administrative measure " fiftieth 4 (consult above paragraphs)
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 7: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: Manage the egg proposal that contains fluorine benzene Buddhist nun to take an examination of
Case introduction:
According to ** the province feeds medicine to superintend bureau ** year food safety sampling observation monitors the job to plan to concern a requirement, ** food medicines and chemical reagents controls management board at ** year day of ** month ** the ** earth egg that to ** limited company and country store sell (sampling sheet number is: ** , norms is bulk, batch: ** ) had sampling inspection. Center of classics ** technology examines, the fluorine benzene Buddhist nun of ** earth egg takes an examination of a project to be not accorded with (announcement of Ministry of Agriculture the 235th) requirement, examine conclusion studies a project for fluorine benzene Buddhist nun unqualified. Of this batch food " examine report " number is: NO:** . My bureau executes the law personnel at ** year day of ** month ** will " examine report " NO:** . Direct service this unit, this unit chief ** on the spot sign after receiving sth. The behavior that this unit sells unqualified earth egg already was suspected of disobeying " law of safety of food of People's Republic of China " thirtieth 4 the first paragraph thirteenth regulation.
Punish a basis:
The earthy egg that this unit sells is given by check the behaviour that fluorine benzene Buddhist nun studies a project to exceed bid, had disobeyed " law of safety of food of People's Republic of China " thirtieth 4 the first paragraph thirteenth regulation, but because record of Zhang of this unit stage is perfect, data of ticket of all alone of all alone card is complete unqualified to earthy egg circumstance not know the inside story, according to " law of safety of food of People's Republic of China " the 136th regulation, lest place grants to punish.
Basis introduction:
" law of safety of food of People's Republic of China " thirtieth prohibits 4 times producing run following food, additive agent for food, food relevant product: (13) other not be good law, code or the food of food safety standard, additive agent for food, provision is relevant product.
" law of safety of food of People's Republic of China " the 136th (consult above paragraphs)
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Case 8: The sale is unqualified (fluorine benzene Buddhist nun is taken an examination of) duck's egg case
Time:
Address: Some place punishs an unit: Some feeds medical inspect bureau
Case abstract: The sale is unqualified (fluorine benzene Buddhist nun is taken an examination of) duck's egg case
Case introduction:
The sale is unqualified (fluorine benzene Buddhist nun is taken an examination of) duck's egg
Punish a basis:
According to " law of safety of quality of produce of People's Republic of China " the 49th, fine 2000 yuan
Basis introduction:
" law of safety of quality of produce of People's Republic of China " have Benfadi the 49th times case of 33 the 4th regulation, use last the material such as agent, antiseptic, additive does not accord with a country to concern mandatory technical standard, instruct stop to sell, harmless to be being undertaken by contaminative produce change processing, harmless to cannot undertaking change processing give; of supervisory destroy by melting or burning confiscates illegal earning, be in 2000 yuan of above 20 thousand yuan of the following amerce.
The produce that thirtieth has one of following state 3 times, do not get a sale:
(4) use last the; that the material such as agent, antiseptic, additive does not accord with a country to concern mandatory technical standard
Fluorine benzene Buddhist nun takes an examination of the introduction:
(consult above paragraphs)
Public name is internal at the same time group a few colleagues offerred better opinion:
Work in the same place 1: Qualitative need looks according to actual condition, those who throw real case is qualitative, that is a law.
Work in the same place 2: Produce case needs to press comprehensive, objective, just principle to handle a case
Declare a specification: Above content offers reference only, textual data part comes from Hainan to visit the prison that feed medicine, if conflict with active code or local management sets conflict with each other, it is according to active regulation please accurate.
The article comes from animal drug information to arrange.
