The three departments jointly released ten typical cases of special law enforcement actions on fake and shoddy food in rural areas.
According to the website of the Ministry of Agriculture and Rural Affairs on the 17th, in October, 2020, the General Administration of Market Supervision, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce and the All-China Federation of Supply and Marketing Cooperatives jointly issued a notice to launch a one-year special enforcement action on fake and shoddy food in rural areas nationwide, and severely crack down on illegal activities that people hate, such as adding non-edible substances to meat and food that have not been inspected and quarantined, "three noes" food, and food that has expired. Over the past year, relevant departments in various regions have taken active actions and achieved remarkable results. A total of 162,000 illegal cases of fake and shoddy food in rural areas have been investigated and dealt with, with a fine of 1.48 billion yuan, 4,369 tons of illegal products seized, 96 licenses revoked, 155 people were restricted in their qualifications, 17.28 million yuan was fined to those directly responsible, and 1,912 suspected criminal cases (including those transferred by administrative organs) were investigated by public security organs. The General Administration of Market Supervision, the Ministry of Public Security and the Ministry of Agriculture and Rural Affairs have jointly released 10 typical cases of special enforcement actions on fake and shoddy food in rural areas.
Case 1: Jinhua, Zhejiang investigated and dealt with the case of Long Ding non-staple food firm in Pujiang County, which produced edible oil with false production date and engaged in salt wholesale business without authorization.
In November 2020, according to the report, the Market Supervision Bureau of Pujiang County, Jinhua City, Zhejiang Province inspected the Long Ding non-staple food store in Pujiang County, which is located in the urban-rural junction. After investigation, Long Ding Non-staple Food Firm in Pujiang County holds a food business license. Since May 2020, it has successively purchased 100 sets of edible oil and edible oil packaging of 4 different brands. In August, 2020, the parties unpacked a batch of edible oil near the shelf life and put it into the above 100 sets of oil drums, and changed the packaging and marked it as the latest production date, and mixed it with the normal edible oil purchased in the same batch and sold it as new oil. As of the time of the incident, all the edible oil after replacement packaging has been sold out, with a value of 14,950 yuan. Law enforcement officers ordered the party concerned to recall the edible oil with changed packaging, and recalled a total of 148 barrels of problematic edible oil, and supervised the destruction on December 30, 2020. The above-mentioned behavior of the parties violates the provisions of Article 34 (10) and Article 35 of the Food Safety Law of People’s Republic of China (PRC), and belongs to the illegal act of producing and selling food without permission and marking the false production date; At the same time, during the inspection, it was found that the parties were non-salt wholesale enterprises and engaged in salt wholesale business without authorization, which violated the "Salt Monopoly Measures" and other relevant regulations. The Market Supervision Bureau of Pujiang County, Jinhua City made an administrative penalty of confiscation of illegal income and a fine of 502,800 yuan according to law.
Case 2: Chongqing Yubei investigationMaoshunming agricultural and sideline products sales departmentCase of illegally using industrial rosin to process pig’s head meat
In August, 2020, the market supervision office of Muer Town, Yubei District Market Supervision Bureau of Chongqing inspected the agricultural and sideline products business department of Maoshunming in Yubei District according to the report, and found that the food processing point used industrial rosin for hair removal. After inspection, the main components of the residual rosin used in the cleaned pig’s head meat, the rosin used in boiling and the unused rosin are rosin acid (industrial rosin). By the time of the incident, the parties had processed about 8,000 pig heads, accounting for 40,000 Jin, with the value of the goods involved exceeding 1.92 million yuan and the illegal income exceeding 1.44 million yuan. The behavior of the parties concerned violates Item (1) of Article 34 of the Food Safety Law of People’s Republic of China (PRC), and constitutes an illegal act of adding chemicals other than food additives to food. At present, the case is still being processed.
Case 3: Beijing investigated and dealt with the case of producing and selling counterfeit "Quanjude" roast duck and "Jingyuede" brand Beijing roast duck with false labels.
In April, 2021, according to the clues about the low-priced Quanjude roast duck in Beijing market, the Beijing Municipal Market Supervision Bureau locked Beijing Xinsheng Rong Da Trading Co., Ltd. and its legal representative Kong Mou, smashed the warehouse in Li Village, Fangshan District, and seized nearly 2,000 suspected counterfeit Quanjude packages and 4,905 Beijing roast ducks of Jingyuede brand on the spot. After investigation, Kong and others bought fake "Quanjude" packaging materials at the price of each set of 1 yuan, and bought plastic-sealed roast ducks at the price of 13.5 yuan each, and shipped them to Beijing for distribution to the off-line at the price of each 20 yuan. Upon investigation, the label contains false contents, and the entrusted party marked on the outer package is a food company in Dezhou City, Shandong Province, which is actually a food factory in Boye County, Baoding City, Hebei Province, which violates the first paragraph of Article 71 of the Food Safety Law of People’s Republic of China (PRC). Beijing Municipal Market Supervision Bureau imposed administrative penalties on Beijing Xinsheng Rong Da Trading Co., Ltd. according to law, including confiscation of illegal income of 201,000 yuan, confiscation of 4,905 "Jingyuede" brand Beijing roast ducks illegally produced and operated, a fine of 2.647 million yuan for 10 times the value of the goods, and revocation of the food business license, and imposed administrative penalties on the legal representative Kong Mou, who was not allowed to apply for a food production and business license within five years, or engaged in food production and business management, and served as a food safety manager of food production and business enterprises.
Case 4: Tianjin investigated and dealt with the case of Xinhaifu Food Trading Co., Ltd. selling food infringing the exclusive right of registered trademarks and failing to fulfill the legal obligations such as the Food Safety Law.
In January 2021, according to the report, Tianjin Market Supervision Comprehensive Law Enforcement Corps inspected the business premises and warehouse of Tianjin Xinhaifu Food Trading Co., Ltd., and found 277 boxes of Pepsi concentrated syrup produced by Nanjing Pepsi Beverage Co., Ltd., which was used for sales. Through on-the-spot identification, the above syrup products are not produced by Nanjing Pepsi Company, and they are goods that infringe the exclusive right to use the trademark of Pepsi. Law enforcement officers seized the above commodities on the spot and sampled them for inspection. After investigation, it was found that the food involved met the food safety standards, but the exclusive right to use a registered trademark was infringed. The parties bought 500 boxes of the above syrup, and 223 boxes have been sold. When purchasing, they did not check the supplier’s business license, food business license and food conformity certification documents. The actions of the parties concerned violated the provisions of Article 57 of the Trademark Law, Paragraph 1 of Article 53 of the Food Safety Law and Article 67 of the Regulations for the Implementation of the Food Safety Law, which constituted the purchase of food without passing the inspection certificate and the sale of goods infringing the exclusive right to use a registered trademark. The Tianjin Municipal Market Supervision Comprehensive Law Enforcement Corps gave the company a warning according to law, confiscated 265 boxes of Pepsi concentrated syrup infringing the exclusive right to use a registered trademark and imposed an administrative penalty of 458,000 yuan. At the same time, Chen Mou, the main person in charge of the party concerned, is directly responsible for the above-mentioned illegal acts. According to Article 75 of the Regulations on the Implementation of the Food Safety Law, the Tianjin Municipal Market Supervision Comprehensive Law Enforcement Corps imposed an administrative penalty of "a fine of 20,000 yuan" on Chen Mou.
Case 5: Chengdu, Sichuan investigated and dealt with the case of Lin selling beef omasum without inspection and quarantine.
In December, 2020, jinniu district Market Supervision Bureau of Chengdu received a clue notification from the public security organ, saying that during the food inspection of cold chain epidemic on Jin Furong Avenue in jinniu district, it was found that the vehicle driven by Lin (the owner) was loaded with about 1 ton of fresh hairy tripe that might be involved in the epidemic, and jinniu district Bureau immediately conducted on-site investigation. After investigation, a total of 1070 kilograms of hairy belly was purchased from overseas by Lin through WeChat contact. When picking up the goods, he did not fulfill the obligation of incoming inspection, and did not obtain the inspection and quarantine import customs clearance certificate, nucleic acid test report, disinfection certificate and other documents. The behavior of Lin, the party concerned, in dealing with beef omasum without quarantine and failing to fulfill the obligation of incoming inspection violates Articles 34 and 53 of the Food Safety Law. In accordance with Articles 123 and 126 of the Food Safety Law, the jinniu district Municipal Market Supervision Bureau gave the parties a warning, confiscated the hairy belly involved, and imposed an administrative penalty of 17 times the value of the goods, amounting to 2.086 million yuan.
Case 6: Hangzhou, Zhejiang Province cracked the "3.30" series of cases of manufacturing and selling toxic and harmful beef venetian blinds.
In March 2021, according to the clues found in the work, Hangzhou Public Security Bureau cracked a series of cases of manufacturing and selling toxic and harmful beef venetian blinds, destroyed 7 criminal gangs, arrested 27 criminal suspects, and seized 4 tons of beef venetian blinds illegally added with formaldehyde and other non-edible substances on the spot, with a case value of more than 2 million yuan. After investigation, Huang, Liu and other criminal gangs used chemicals such as hanging white blocks and formaldehyde to soak tripe and tripe, bleach them and sell them to some local farmers’ market stalls. After the case was detected, the local government organized a special rectification of animal viscera products sold in the market and achieved remarkable results.
Case 7: Xinxiang, Henan Province cracked the case of "July 21" manufacturing and selling counterfeit brand mineral water.
In October 2021, according to the clues found in the work, Xinxiang Public Security Bureau detected a case of manufacturing and selling counterfeit brand mineral water, arrested 12 suspects, and seized 336,000 bottles of counterfeit brand mineral water, more than 500,000 bottles, more than 800,000 caps and more than 600,000 labels on the spot. After investigation, since 2018, the criminal suspect Zheng Moumou and others have set up dens in rural houses, purchased equipment, set up production lines, extracted underground well water, simply filtered it, and filled it with counterfeit brand mineral water. Through the development of WeChat, the products involved were sold to many provinces, with a case value of more than 20 million yuan. Before the project, the case has been transferred to the procuratorate for review and prosecution.
Case 8: Chongqing Yunyang cracked the case of Hu Moumou and others manufacturing and selling fake wine.
In January 2021, according to the clues found in the work, the Anti-counterfeiting Corps of Chongqing Public Security Bureau and Yunyang County Public Security Bureau cracked a case of manufacturing and selling fake wine, arrested 14 suspects, and seized 2 tons of fake wine stock solution, 15,000 bottles of fake Volkswagen brand liquor and more than 80,000 sets of fake wine packaging materials on the spot. After investigation, since January 2018, the criminal suspect Peng Moumou and others have purchased wine bottles, bulk liquor and packaging materials without the permission of the trademark owner, set up dens in the rural courtyard of Ya’ an City, and produced and sold counterfeit brand liquor in large quantities, with a case value of more than 10 million yuan. At present, the case has been transferred to the procuratorate for review and prosecution.
Case 9: Xiamen, Fujian Province cracked the "6.11" case of slaughtering pigs indiscriminately.
In June, 2021, according to the clues found in the work, Xiamen Public Security Bureau cracked a case of slaughtering pigs privately, arrested 38 suspects, and seized more than 100 pigs and 6,800 kilograms of slaughtered pigs on the spot. After investigation, since January 2021, Meng Moumou’s criminal gang has rented a number of simple houses in remote locations in local rural areas, set up pig slaughter points privately, purchased a large number of pigs from inside and outside the province without inspection and quarantine, and sold them to the market after slaughtering them privately. At present, the case has been transferred to the procuratorate for review and prosecution.
Case 10: Anhui Lu ‘an investigated and dealt with the case of producing and selling food that did not meet safety standards in Zhang Moumou.
In October, 2020, the law enforcement officers of jin an district Agriculture and Rural Bureau of Lu ‘an City, Anhui Province found that the Jianghuai light truck with license plate number Anhui AWU973 was loaded with 73 pig carcasses, each weighing about 23 kilograms. After on-site inspection, the pig carcasses did not have the seal of animal quarantine inspection, and the driver could not provide the animal quarantine certificate and the African swine fever test report. After testing by the jin an district Center for Animal Disease Prevention and Control, this batch of pig products was unqualified. After investigation, this batch of live pig products is owned by the owner. The case was then transferred to jin an district Public Security Bureau for investigation according to law. In March, 2021, the Intermediate People’s Court of Lu ‘an City sentenced Zhang Moumou and other eight people to six months to one year and eight months’ imprisonment and a fine of 10,000 yuan to 70,000 yuan.