The Supreme People's Court and the Supreme People's Procuratorate issued judicial interpretations
"Health product pit old" will be convicted and punished according to the crime of fraud
Reporter Dong Chao
The people take food as heaven.
Food safety is related to the people's physical health and life safety, and is a major livelihood issue. On December 31, 2021, the Supreme People's Court and the Supreme People's Procuratorate held a press conference to jointly issue the newly revised Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Endangering Food Safety (hereinafter referred to as the Interpretation). The Interpretation consists of 26 articles, which mainly revise the content of six aspects. Among them, in view of the weak links in the protection of food safety in judicial practice, the Interpretation makes clear provisions on the protection of food safety of this group from many aspects.
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Towards "one old and one small"
The sale of toxic and harmful foods will be subject to heavy penalties
The Interpretation stipulates a number of provisions on special protection for food safety of minors, the elderly and other groups. For example, Articles 3 and 7 respectively take "staple and auxiliary foods exclusively for infants and young children" and "sold to minors and the elderly on primary and secondary school campuses, childcare institutions, old-age institutions and their surroundings" as aggravating circumstances, reflecting the special protection of the judicial organs for the food safety of minors and the elderly.
An Ao, vice president of the First Criminal Division of the Supreme People's Court, said that the elderly and minors are more vulnerable to unsafe food due to their physical functions. How to make the "one old and one small" eat safely and eat with confidence is a major matter of common concern to the whole society, and it is also the unshirkable responsibility of the judicial organs.
For example, regulations are made for special foods. Staple foods for infants and young children are often the main source of nutrients for infants and young children, or even the only source of nutrients. To this end, the Interpretation clearly stipulates that if the nutritional components of staple and auxiliary foods for infants and young children seriously do not meet food safety standards, they shall be convicted and punished according to the crime of producing and selling foods that do not meet safety standards; it is also stipulated that the production and sale of staple and auxiliary foods for infants and young children that do not meet food safety standards will be regarded as aggravating circumstances for relevant crimes endangering food safety.
For example, provisions are made for special institutional premises. The area around some primary and secondary school campuses has become the hardest hit area for the flood of "Wumao Food". These foods often add excess food additives and even contain substances that are harmful to health, such as pathogenic microorganisms that seriously exceed the standard limit. At the same time, food safety incidents in schools, kindergartens and nursing homes still occur from time to time. In this regard, 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 used as aggravating circumstances for relevant crimes endangering food safety.
"Health care products pit old"
Penalties will be made in accordance with the offence of fraud
The Interpretation also provides for the behavior of "health care products pit the elderly".
An Ao said that in recent years, some unscrupulous businesses have seized on the psychology of the elderly with strong health care needs, through "free physical examination", "health lectures", "expert free clinics", "exaggerated efficacy" and other means, fictitious health food has the miraculous curative effect of curing all diseases, deceiving the elderly to buy at a high price and make huge profits. Such cases of "health care products pit the old" occur frequently, the nature of the crime is bad, and the people have strong reactions.
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. These provisions are conducive to cutting off the evil hand extended to the elderly and effectively protecting the property safety and physical health of the elderly.
In addition, the Interpretation also clarifies the punishment of food-related products that cause food contamination in accordance with the law, the production of food with food raw materials that have exceeded the shelf life, and stipulates the identification of "toxic and harmful non-food raw materials" and "knowingly" for the crime of producing and selling toxic and harmful food.
The pictures in this article are from the Internet
Edit || Dong Chao Wan Tao
The duty director || Fan Hongbo