Guangzhou general law
Common saying says " civilian it is a day in order to feed " , food safety issue closes 1.4 billion people.
This year of two meetings " ministerial passageway " go up, fu Zhenghua of minister of our country judiciary emphasizes: "Make law grows teething to age truly, make electrified high tension line, defend safety of medicines and chemical reagents of good people food. Defend safety of medicines and chemical reagents of good people food..
When encountering food safety problem,
How should be we used
Law this is sharp " tooth "
Safeguard oneself rights and interests?
Food safety affects the life health of everybody,
Illegal criminality must be punished severely!
Pu Fajun is told first
Concerned provision is safe
A few violate guilty case
Case 1
In April 2015, zhang Mou and shambles of Li Mou hire, privately butcher buys ill pig, dead pig, treatment becomes chop, flesh, pigskin, sausage to wait, sell past part province as food. Via examining, cirque of pig of pork sending check 2 model virus shows masculine gender. The food blame that Zhang Mou, Li Mou is notted agree with to close wholesome level with production, sale by the court respectively sentences a set term of imprisonment 2 years nine month, punish golden RMB 50 thousand yuan.
According to our country " criminal law " the 143rd food that stipulates production, sale does not accord with food safety standard, enough causes serious bromatoxism accident other perhaps and serious of disease of the sex that feed a cause, should bear criminal responsibility, highest can sentence life imprisonment. According to relevant judicatory explanation, among them " enough causes serious bromatoxism accident other perhaps and serious disease of the sex that feed a cause " contain with respect to the bag " 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 " case.
Case 2
Come by 2014 between 2015, yang Mou passes hypostatic door inn and net inn sale to be purchased from Guangzhou and other places " XX card " health food reducing weight adds up to 50 more than box more than 3000, management board staff member is controlled in food medicines and chemical reagents oral inform Yang Mou poisonous, harmful composition may exist in afore-mentioned health food, after during closing down, prohibiting be being sold all right again, still continue to sell afore-mentioned health food reducing weight through its net inn more than 100, till case hair. Via examining, national explicit order all is contained to prohibit in afore-mentioned health food reducing weight production, sale and use " Xibuquming " composition and violate added medicaments part " phenolphthalein " , afore-mentioned health food reducing weight all belong to poisonous, harmful food. Yang Mou is sentenced with selling blame of poisonous, harmful food by the court set term of imprisonment 3 years, punish golden RMB 10 thousand yuan.
Basis " criminal law " the 144th regulation enters poisonous, harmful blame food raw material in the mix into in the food of production, sale, perhaps sell those who know perfectly well mix into to have the poisonous, harmful food that is not food raw material to also should bear criminal responsibility. Send what the person dies or have other and special serious plot, highest can sentence capital punishment.
Case 3
Production of ministry of research and development of some feed company gives additive of a kind of feed, undertake selling as core makings in the batch mixing becoming a pig that this company adds his the company to produce. In October 2010, because add the feed that core expects to be gone out to contain banned part by check, below the circumstance that knows perfectly well core makings to contain poisonous and harmful banned part, cai Mou of company general manager still decides to use the industrial chemicals such as ester of nitric acid, methanol, second, worker of ministry of constituent nutrition research and development produces this core material with chemical complex means. During, feed company sells core to expect in all 3000 kilograms, sell amount 1.63 million yuan, gain profit illegally 200 thousand yuan. Classics appraisal, this feed company sells hydrochloric acid is contained to overcome logical sequence spy in core makings namely collect (lean lean essence) composition, the material that belongs to a country to make clear a regulation to prohibit be being added in feed and animal drinking water. Cai Mou is sentenced with managing a hardship illegally by the court set term of imprisonment 12 years, privative politics right 2 years, punish golden RMB million yuan.
" criminal law " the 225th (4) violate national regulation, disturbed market order, the clue is serious should bear criminal responsibility. According to relevant judicatory explanation, hydrochloric acid is added to overcome logical sequence spy in the feed of production, sale collect wait for the medicines and chemical reagents that prohibits be being used in feed and animal drinking water, perhaps sell knowing perfectly well is to add the feed that has this kinds of drug, the clue is serious, investigate criminal duty with managing a hardship illegally.
Law link
One, civil liability:
Money paid for something purchased or received for something sold 10 times or loss the compensation of 3 times
1. produces compensate of manufacturer go ahead of the rest to pay a loss
" food safety law " the 148th regulation: "Because consumer does not accord with what the food of food safety standard is damaged, can to loss of operator seek redress, OK also to loss of generator seek redress. Receive consumer to compensate for the manufacturing operator of the requirement, ought to execute head pay system of job responsibility, compensate of go ahead of the rest pays, do not get shuffle. Do not get shuffle..
Consumer is in edible after the product that does not accord with food safety standard, can hold a loss to the business shop of the sale already, OK also the manufacturer seek redress to production product. When the businessman that if search,is less than sale, consumer can seek manufacturer home directly, manufacturer home cannot have nothing to do with this product problem and oneself as reason shuffle.
2. lowest punishs sexual compensation 1000 yuan
Besides seek redress loss, the food that law returns special provision not to accord with food safety standard to production or manage knowing perfectly well is the food that does not accord with food safety standard, consumer is OK still pay cost to manufacturer home or requirement of the person that sell 10 times or loss the compensation of 3 times, if increase what compensatory amount is not worth 1000 yuan, it is 1000 yuan. This means consumer getatable lowest to punish sexual compensation to amount to 1000 yuan.
2, administrative responsibility:
Place goods is worth the 30 times amerce of amount
Violate rule of law of national administrative law, legal provision, food producer will confiscate the article such as the food that illegal earning and production run, additive agent for food and the tool that are used at production, equipment, raw material. Besides, food producer faces the administrative punishment such as licence of amerce of a huge sum, revoke possibly still. Specific and character:
1. did not obtain food to produce management license to perhaps did not obtain additive agent for food to produce a license: Goods of manufacturing food, additive agent for food is worth amount to be not worth 10000 yuan, be in 50000 yuan of ~100000 yuan amerce; Goods is worth amount of 10000 yuan of above, amount of worth managing money 10 times above 20 times the following amerce.
2. produces food, management die in one's bed, kill with poison with blame food raw material or the flesh with unidentified cause of death kind: Food goods is worth amount to be not worth 10000 yuan, be in 100000 yuan of ~150000 yuan amerce; Goods is worth amount of 10000 yuan of above, amount of worth managing money 15 times above 30 times the following amerce. The clue is serious, revoke licence, be in charge of personnel and personnel of other and direct responsibility to be in 5 day above 15 days to be detained below to what be in charge of directly.
Acid of 3. production management putrefaction, grease is defeated, foul and feculent, mildew becomes unripe bug, mix have eyewinker, adulterate adulteration or the provision with organic unusual character, additive: Food goods is worth amount to be not worth 10000 yuan, be in 50000 yuan of ~100000 yuan; Goods is worth amount of 10000 yuan of above, amount of worth managing money 10 times above 20 times the following amerce. The clue is serious, revoke licence.
3, criminal responsibility: Highest penalty can handle death sentence
1. production, sale does not accord with the food blame of safe level:
" criminal law " the 143rd regulation, production, sale does not accord with the food of food safety standard, enough causes serious bromatoxism accident other perhaps and serious of disease of the sex that feed a cause, be in 3 years of the following set term of imprisonments or arrest battle, punish gold; Cause serious harm to human body health, be in 3 years of above 7 years the following set term of imprisonment; Consequence is particularly serious, be in set term of imprisonment of 7 years of above or life imprisonment.
2. production, sale is poisonous, harmful food blame:
" criminal law " the 144th regulation, in the food of production, sale mix into enters poisonous, harmful blame food raw material, perhaps sell those who know perfectly well mix into to have the poisonous, harmful food that is not food raw material, be in 5 years of the following set term of imprisonments; Cause serious harm to human body health, be in 5 years of above 10 years the following set term of imprisonment; The is in 10 years of above set term of imprisonment of the death that send a person, life imprisonment or capital punishment, punish gold to perhaps confiscate property.
3, the charge that the person that superintend may involve: Food superintends blame of dereliction of duty
Legal provision, superintend compulsory national office working personnel to having food, if have action of dereliction of duty, those who cause serious consequence, still can form food to superintend blame of dereliction of duty. 2011 castigatory " amendment of criminal law of People's Republic of China (8) " in the 49th specific provision: "Have food safety to supervise the national office working personnel that manages obligation, misuse of authority is derelict perhaps, bring about those who produce accident of major provision safety to perhaps cause other and serious consequence, be in 5 years of the following set term of imprisonments or arrest battle, those who cause particularly serious consequence, be in 5 years the following 10 years of the following set term of imprisonments. Be in 5 years the following 10 years of the following set term of imprisonments..
Food safety affects everyone,
Also need everybody to care!
Want to increase safe to food field ceaselessly
The blow strength of illegal crime,
Also want to bring masses into play adequately to violate crime together
Make a fight enthusiasm and enthusiasm,
Make the illegal criminal of food domain
Had been just as street mice,
Everybody cries dozen, nowhere hides!
Toward period wonderful reviewing
◇ is pregnant 3 months, be pushed by the husband below 34 meters of Gao Ya: "Why so right I? "Why so right I??
◇ tragedy! Boudoir honey buys sheet to roughhouse because of be being grabbed, one person cuts wrist, be addicted to of one person diving dies...
◇ diffuses! Litchi disease has really, have a possibility so deadly!
◇ another! 10 years old female child in be being broken by headroom dropping content, it is unexpectedly 8 years old male child place is!
◇ explodes to the police wide mouth interference executes the law, ceng Yi but you passed!
◇ [heavy pound] the line on foreword of Xiaocheng of small letter of law of Guangzhou wisdom general! Is there legal problem? Ask it!
Origin | Integrated wait from office of attorney of approach of vessel of dragon sea procuratorial work, Chongqing
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Seeing a drop, everybody knows
