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Recently, a sales farming incomplete exceeds mark beans part and by " punish again " the message causes an industry to discuss extensively...
Henan saves some market of new Zheng city to manage vegetable commercial firm boss, purchase this batch cowpea in all 2, every 6 kilogram, be punished 51000 yuan, confiscate illegal earning 120 yuan.
According to the report, this vegetable commercial firm sells the cowpea of carry out, be gone out to destroy by check in selective examination fly amine, check gives a value to be 2.7mg, according to national level regulation, be decided to be unqualified.
The sale is punished 120 yuan to exceed 50 thousand yuan, greengrocer bad luck?
Basis " law of safety of food of People's Republic of China " (next weighing " food safety law " ) thirtieth sets 4 times, the food that prohibits producing management pesticide remain to exceed surfeit to taste safe level set limit to, additive agent for food, provision is relevant product.
To deregulation, still do not make crime, " food safety law " regulation, by medicines and chemical reagents of food of government of people of prefectural class above supervisory management department confiscates illegal earning, 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.
That is to say, the punishment of relevant section accords with a regulation, this commercial firm actually not bad luck. Nevertheless, many netizens put forward, the boss that the key of the problem is not sale beans horn should be punished, however not should go no further at punishing, after all what is the reason that pesticide remain exceeds bid? Be which segment gave an issue? Be the person that sell or generator? Want to make clear responsibility main body.
The controller of one food market of benefit state city tells the author, if prove farming incomplete exceeds bid is by cultivate door cause in pesticide use process, commercial firm is OK also to cultivate door raise claim for compensation.
Farming incomplete exceeds bid, what responsibility should operator of cropper, pesticide bear?
" pesticide regulation " thirtieth sets 4 times, requirement of the scope of application that the person that pesticide is used ought to tag strictly according to the label of pesticide, use method and dosage, use technology and note use agriculture chemical, must not enlarge scope of application, increase the dosage that use drug to perhaps change use method. The person that pesticide is used must not be used ban use agriculture chemical.
Label tags security the pesticide of interval period, before produce is harvested ought to according to safety the requirement disuse of interval period. Virulent, tall poisonous agriculture chemical must not be used at pest of sanitation of prevention and cure, must not use at the production of material of vegetable, melon and fruit, tea, fungus, Chinese herbal medicine, the plant diseases and insect pests that must not be used at hydrophyte prevents and cure.
Set to disobeying above, instruct by branch of director of agriculture of government of prefectural class people correct, the person that pesticide is used produces enterprise, food and company of edible produce storage for produce, specialization of the unit such as the farmer major cooperation that service of prevention and cure of plant diseases and insect pests is organized and is engaged in produce production, be in 50 thousand yuan of above 100 thousand yuan of the following amerce, the person that pesticide is used is an individual, be in 10 thousand yuan of the following amerce; Make crime, investigate criminal duty lawfully.
Additional, farmer is used because of pesticide undeserved bring about farming incomplete to exceed bid, concerned branch is likewise OK according to " food safety law " relevant provision makes punishment.
Does that sell pesticide to do not have responsibility? Someone says, I just sell drug, be in charge of with which how! Wait a moment, must not adopt fluky mentality.
" pesticide regulation " also made relevant provision to pesticide operator: Pesticide operator ought to to buy a person to enquire plant diseases and insect pests produces a situation and science recommends pesticide, ought to examine case of happening of plant diseases and insect pests on the spot when necessary, requirement of the scope of application that shows pesticide correctly, use method and dosage, use technology and note, do not get misdirect to buy a person.
That is to say, if guild regulations to decide and cause a loss because of was not being walked on, pesticide operator also should bear relevant responsibility.
To this incident, still some of netizen expresses to sympathize with to this greengrocer: The person that be punished is vegetable agency only, namely greengrocer, and be not is cropper, in whole vegetable and current segment, belong to extreme. Superintendency branch punishs dealer only and do not find out pesticide remain to exceed the germ of mark, to putting an end to the market to go up occurrence pesticide remain exceeds the vegetable of mark, can you have how old awe power? More what is more,the rather that a small small retailer that sells food, sold many jins of 20 value the fabaceous part of 120 money, was punished 51000 yuan however, whether to punish overweight? After all, whether is he also does not have ability appraisal vegetable pesticide remain exceeds bid. To this kind of viewpoint, dai Xiaofeng of lawyer of news analyst of engage by special arrangement expressed his view:
Sold remain of 20 jins of pesticide to exceed the fabaceous part of mark, amerce 51000, these two groups of numbers rise how to look to feel quite too cross great disparity, because this begins somebody to replace greengrocer querulous, think punishment is overweight, do not accord with scale principle.
I feel above all we still see legal provision reach its to publish setting, was known as on October 1, 2015 history on the most severe " law of safety of food of People's Republic of China " promulgate carry out, one of legislative principles are " heavy allusion treats chaos " , everybody knows to go red, poisonous milk powder waits a certain number of Sudan of door leaf of heart of your compatriots painful thorough in year a moment, incident of public provision safety up to now aftereffect unfinished, and also be ecbolic in these incident history go up the immediate cause that the strictest food safety law publishs.
At the beginning of law comes on stage, everybody still holds very big hope for to its, weigh punished the words are still ringing in one's ears however, why on the greengrocer body that when brushstroke 51000 yuan amerce fell to to sell 20 jins of beanses part when, did we forget past N for an instant year come does problem food give us brought bitter lesson? The responsibility person that produces wholesale segment must be punished severely, but the retail link that is close to most with consumer manages ought to, should sit enjoy the favour outside the law?
Everybody is equal before law, it is the constitution principle of a publicity, no matter be to be engaged in retail small business butcher, still produce the vegetable magnate of wholesale link, before law, especially before food safety problem, everybody's responsibility and obligation should be not treated as a result of the difference of the identity by distinction, this ability is the due meaning of this constitution principle.
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