The latest judicial interpretation of the two supremes: "health care products pit the elderly" is punished heavily, and adding clenbuterol will violate the criminal law

On December 31, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Food Safety.

The newly promulgated Interpretation mainly revises the content of six aspects, involving: the protection of food safety for minors, the elderly and other groups; the use of health foods and other fraudulent property; food-related products causing food contamination; the production of food with food raw materials that exceed the shelf life; the addition of prohibited drugs to pesticides, veterinary drugs and feed; and the injection of water and drugs in the relevant links of livestock and poultry slaughter.

Strengthen the protection of the "one old and one small" group, and the "health care product pit old" will be punished heavily

An Ao, vice president of the First Criminal Division of the Supreme People's Court, said that in view of the weak links in the protection of food safety in judicial practice, the Interpretation makes provisions for the protection of food safety of this group from many aspects. For example, the Interpretation clearly stipulates that the sale of food that does not meet food safety standards or toxic or harmful food to minors and the elderly on primary and secondary school campuses, childcare institutions, pension institutions and surrounding areas shall be regarded as aggravating circumstances for relevant crimes endangering food safety. The production and sale of staple and auxiliary foods for infants and young children that do not meet food safety standards will be used as aggravating circumstances for relevant crimes endangering food safety.

In a case of "health care products pit the elderly" exposed by CCTV News this year, the defendant used tap water to mix "magic medicine" to pit the elderly.

Another example is to make provisions for the behavior of "health care products pit the old". In recent years, some unscrupulous merchants have seized on the psychology of the elderly who have health care needs, and through various means such as "free physical examinations", "health lectures", "expert free consultations", "exaggerated efficacy", etc., fictitious health foods have the miraculous curative effect of curing all diseases, tricking the elderly into buying at high prices and making huge profits. In this regard, the Interpretation clearly stipulates that if such a crime is committed and meets the requirements of the crime of fraud, it shall be convicted and punished in accordance with the crime of fraud. If the food sold is unqualified, and at the same time constitutes the crime of producing or selling counterfeit and shoddy products, it shall be convicted and punished in accordance with the crime with a heavier punishment.

Add provisions on the conviction and punishment of water injection and drug injection in the relevant links of livestock and poultry slaughter

In recent years, in order to earn black money, some lawbreakers have maliciously injected water into livestock and poultry such as pigs that enter the relevant links of slaughtering, resulting in a large amount of water-injected meat flowing to the people's table. What is even worse is that in order to increase the water retention effect, criminals inject drugs while injecting water, and drug residues further increase food safety risks. In practice, criminals also continue to renovate drug formulas, including "clenbuterol" banned drugs, veterinary drugs, human drugs, and chemical substances formulated by criminals themselves. The Interpretation increases the intensity of punishment for such crimes, and the second paragraph of article 17 clearly stipulates the conviction and punishment of water injection and drug injection in the relevant links of livestock and poultry slaughter.

According to this article, for the residue of veterinary drugs in meat products does not exceed the standard, or although the meat pollutants do not exceed the standard, but the water content of meat exceeds the standard, as well as the evidence of drug injection in the relevant links of slaughtering, as long as the sales amount is more than 50,000 yuan, they can be convicted and punished according to the crime of producing and selling fake and inferior products. (Li Xin)