On the morning of March 29, Luzhou City's "Spring Thunder Action 2021" and Cold Chain Logistics Epidemic Prevention and Control Law Enforcement Action Press Briefing was held, and the progress of the "Spring Thunder Action 2021" work and related typical cases were reported.
According to the unified deployment of the Sichuan Provincial Market Supervision Bureau, since December 15, 2020, the three-and-a-half-month "Spring Thunder Action 2021" and cold chain logistics epidemic prevention and control law enforcement actions are nearing completion. Focusing on the theme of "epidemic prevention and control, ensuring safety, improving quality and steadily increasing and promoting development", Luzhou City has carried out special law enforcement actions in seven aspects, focusing on "cold chain food epidemic prevention and control", "intellectual property protection", "Yangtze River ban on fishing, cracking down on non-broken chains", "special equipment safety elimination and elimination of dangers", "cracking down on fake and shoddy food in rural areas", "quality and safety of medical equipment for epidemic prevention and control", and "price of power supply links".
Up to now, the city has dispatched a total of 18,607 law enforcement personnel (times), inspected 20,394 market entities (times), inspected 874 school canteens,925 units (times) of special equipment uses, rectified 736 key areas, monitored 155 e-commerce platforms (times), detected 198 (times) of advertisements, ordered 33 (times) of rectification of websites, requested the closure of 1 website, and banned 1 household operating without licenses and licenses. Accepted 1,722 consumer complaints and reports, and recovered 718,500 yuan in economic losses for consumers. Investigated and handled 1,548 cases of various types, with a case value of 5,909,700 yuan and a fine of 8,169,800 yuan, forming a powerful deterrent.
At the meeting, the Luzhou Municipal Market Supervision Bureau released the typical case of "Spring Thunder Action 2021":
1. A property management service company in Luzhou City did not enforce the government pricing case
On June 30, 2020, according to the report of the 12345 government affairs hotline, the merchant said that the electricity fee of the shop in a square in Jiangyang District was too high for the property to be charged, and the relevant departments were required to deal with it. On July 7, law enforcement personnel from the Jiangyang District Market Supervision and Administration Bureau of Luzhou City conducted an on-site inspection of the parties concerned and found that in the process of transferring power supply, the parties collected electricity charges from operators, which was higher than the total meter charges paid to power grid enterprises. On July 13, the Jiangyang Bureau was approved to file an investigation against the parties.
After investigation, when the parties collected electricity charges from general industrial and commercial households, they did not collect electricity charges in accordance with national policies, but collected them at a price of 1.3 yuan per kWh, and collected them at a higher price in the electricity price, obtaining illegal gains of 387,300 yuan, which violated the provisions of the Electricity Law of the People's Republic of China.
On February 2, 2021, the Jiangyang Bureau ordered the parties to correct the illegal acts, issued a warning to them, and fined them an administrative penalty of 387,300 yuan.
2. Feng Mousha engaged in health food sales and false publicity and illegal advertising without obtaining a food business license
On December 9, 2020, the Hejiang County Market Supervision Bureau received a consumer complaint that the merchants of Zhen'ao shop near No. 8 Dasi Lane, Fuyang Street, Hejiang County, had been selling health care products to the elderly for a long time, and they believed that they had lured the elderly to consume.
On December 18, law enforcement officers inspected the store and found that the store was open for business, and there were propaganda banners such as "2020 China Excellent National Brand" and "China Aerospace Industry Partner" hanging in the on-site premises, and about 80 consumers were participating in the "Health Knowledge Publicity Lecture" organized by the parties.
In the PPT used in the "Health Knowledge Publicity Lecture", law enforcement officers found that there were promotional contents such as "Zhenao HTB technology first, efficacy first, safety first, and the perfect combination of healthy bedding" and "Zhenao HTB China's best sleeping bedding". At the same time, a number of bedding (including mattresses, quilt covers, etc.) without certificates of conformity and without legal source certificates were found for sale. The parties were suspected of violating the relevant provisions of the Food Safety Law of the People's Republic of China and the Advertising Law of the People's Republic of China.
On December 28, the case was filed. After investigation, the parties sold Zhen'ao brand health food in the WeChat group without obtaining the "Food Business License", and as of December 2020, the total sales volume was 180,800 yuan and the profit was 27,100 yuan.
The parties' act of engaging in the sale of bedding and health food without a license violates the provisions of the Measures for the Investigation and Punishment of Unlicensed Business; the parties engage in health food sales activities without obtaining a Food Business License, which violates the provisions of the Measures for the Administration of Food Business Licenses and the Food Safety Law of the People's Republic of China; the parties' false publicity violates the provisions of the Unfair Competition Law of the People's Republic of China. The parties' use of the image of a state leader as the content of commercial advertisements and the use of absolutized terms in advertisements violated the provisions of the Advertising Law of the People's Republic of China.
On March 22, 2021, the Hejiang County Market Supervision Bureau ordered the parties to correct the illegal acts and gave an administrative penalty of confiscating 27,100 yuan of illegal gains and fining 180,000 yuan in accordance with the law.
3. Li Mouhong engaged in cold chain food business activities without obtaining a Business License and a Food Business License
On February 7, 2021, when law enforcement officers from the Longmatan District Market Supervision Bureau conducted daily inspections in the Anning Railway Station in Anning Street, they found a food business unit named "A Frozen Food Distribution Center" operating frozen food.
After on-site inspection, the distribution center could not provide the "Business License" and "Food Business License" on the spot, and the behavior of the parties violated the provisions of the "Measures for the Investigation and Punishment of Unlicensed And Unlicensed Operations" and the "Food Safety Law". On February 14, the case was opened for investigation.
After investigation, a frozen food distribution center (Li Mouhong) purchased a total of 5 frozen foods from January 4, 2021 to January 30, 2021, namely 50 frozen pig bones, 10 Haibawang urine cow balls, 10 Jiemaochuan fragrant chicken fillets, 10 Arno snowflake pumpkin cakes, 10 thousand flavor sesame balls, and 10 thousand flavor sweet potato pills, and the above frozen foods have all been sold on February 22, 2021, with a value of 9280 yuan and illegal income of 1180 yuan.
On March 17, the Longmatan District Market Supervision Bureau imposed an administrative penalty of confiscating 1,180 yuan of illegal gains and fining 50,000 yuan on the parties in accordance with the law.
4. The false publicity case of The Characteristic Fish Village in Xuyong County
On August 6, 2020, during a special law enforcement inspection to crack down on the illegal sale of fish caught in the Yangtze River, the law enforcement officers of the Xuyong County Market Supervision Bureau found that there was a large billboard on the roadside of Diaoyutai Village in Xuyong Town, which published the advertisement content of "Tuojiang Wild Fish Village", and the business scope included "Xuyong Famous Dishes: Characteristic River Fish, Various River Fish" and other contents.
After on-site verification, the name approved by the party's business license is "Xuyong Characteristic Fish Village", and the fish operated by the party is not a wild fish in the Tuojiang River, and its behavior is suspected of violating the provisions of the "Chinese People's Advertising Law", and the Xuyong County Bureau has filed a case investigation against it.
It was found that the business license of the party concerned was named "Xuyong County Characteristic Fish Village", and he used the weir pond farmed fish purchased by a certain aquaculture professional cooperative in Xuyong County as raw materials to engage in fish hot pot and other catering service business activities in diaoyutai Village Ten Community, Xuyong Town, Xuyong County.
In order to attract consumers in its business activities, the parties entrusted The Tuoyong Sancai Advertising Studio to produce spray-painted advertisements containing "Tuojiang Wild Fish Village, Xuyong Famous Dishes, Characteristic River Fish, Unique Flavors, Delicious Dishes, Fish Hot Pot, Various River Fish, Reservoir Fish, etc." in the absence of Tuojiang wild fish, river fish and reservoir fish as fish materials, and could not provide dishes such as Tuojiang wild fish, river fish, reservoir fish, etc., and published external publicity on the left wall of the business premises.
Later, in September 2020, it entrusted Xuyong Sancai Advertising Studio to produce spray-painted advertisements containing content such as "Tuojiang Wild Fish Village", and used light boxes to publish external publicity on the right side of its business premises; the above-mentioned advertisements published by the parties were inconsistent with the actual situation, which caused deception or misleading to consumers, which violated the provisions of the Advertising Law of the People's Republic of China.
On December 18, the Xuyong County Bureau ordered the fish farm to stop publishing advertisements and immediately rectify them, eliminate the impact in a timely manner, and fined 10,400 yuan.
5. Chen Mouqun, Zheng Moufang and 12 other merchants sold a series of goods counterfeiting others' registered trademarks
In March 2021, after receiving the report from the brand trademark rights holder, the Jiangyang District Market Supervision and Administration Bureau contacted an intellectual property agency company of a third-party agency of a well-known foreign-related brand to obtain the basic information and data of more than 20 brand trademarks such as PRADA, VCA, CHANEL, HERMES, BVLGARI, etc., and sorted out 12 infringing goods suspected of foreign-related intellectual property rights through the secret inspection and mapping of key areas, key industries and key places by various case-handling agencies.
On March 20, the District Market Supervision Bureau, together with the public security department, was divided into four action teams to conduct surprise law enforcement inspections at 12 points in the early stage of the Golden Block Mall, the Amethyst Mall, a famous shop in Xiaoxiangzi, and a jewelry store in Tianyuan Square. At the scene, it seized goods suspected of infringing LV, PRADA (Prada), VCA (Van Cleef & Arpels), CHANEL (Chanel), HERMES (Hermes), BVLGARI (Bulgari), MONTBLANC (Montblanc), TORYBURCH, VALENTINO (Valentino) 9 brand trademarks, including jewelry, leather goods, clothing, glasses and other 5 categories, more than 1,000 pieces, including the seizure of nominal LV, Prada (Prada) and other well-known brands of various types of women's bags more than 230 pieces; nominal CHANEL (CHANEL), HERMES (Hermes) and other well-known trademarks of earrings, brooches, bracelet jewelry more than 700 pieces, 6 silver necklaces, the value of the goods is about 300,000 yuan.
The above-mentioned goods are suspected of infringing the exclusive right to use registered trademarks of others after identification. The Market Supervision Bureau of Jiangyang District of Luzhou City has filed a case against the 12 business entities involved in the case in accordance with the law.
The goods involved in this series of cases involve many and chaotic purchase channels, diverse purchase methods, wide sales objects, long business periods, many types of trademark infringements of others, and greater social impact, and the case is currently under investigation and verification.
6. A large pharmacy in Xuyong did not obtain a "Drug Business License" to deal in drugs
On June 15, 2020, the law enforcement personnel of the Luzhou Municipal Market Supervision Bureau received the "Transfer Letter of Drug Supervision and Inspection Found Problems (No. 004 [2020])" handed over by the Drug Supervision Division. According to the content, on June 16, 2020, law enforcement officers conducted an on-site inspection of the 155 directly operated store of a former Sichuan pharmacy chain company located in Xuyong Town, Xuyong County.
During the on-site inspection, the store door was not closed, and a variety of drugs such as "domperidone tablets" were stored on the store's containers and shelves. The store did not hang on the spot and could not provide materials such as "Business License" and "Drug Business License". The party's act of operating drugs without obtaining a drug business license is suspected of violating the provisions of the Drug Administration Law of the People's Republic of China, and on June 18, 2020, the case was filed.
After investigation, a large pharmacy in Xuyong did not obtain the "Drug Business License" And the value of the drugs involved in the case totaled 9419.00 yuan, and the illegal income was 2111.80 yuan. On March 2, 2021, the Luzhou Municipal Bureau ordered the parties to correct the illegal acts, and made an administrative penalty of confiscating the drugs that had not yet been sold, confiscating the illegal gains of 0.21 million yuan, and fining them 150,000 yuan.
7. A packaging materials company in Luzhou and a printing company in Luzhou city were suspected of infringing intellectual property rights
On February 2, 2021, law enforcement officers from the Market Supervision Bureau of Naxi District, Luzhou City, inspected a packaging processing plant in Luzhou City, located in Dongsheng Street, and found a packaged (unpretented) printed "mulberry wine" packaging material at the company's door. Printed on it are "product name, raw materials, edible additives, alcohol content, implementation standards, production license number, invention patent number: 201611212654.6, place of origin, production unit, etc."
After the staff of the Naxi District Bureau inquired into the patent database of the State Intellectual Property Office, it was found that the invention patent number printed on the printed matter was not registered. There are 5,000 pieces of packaging materials for wine products suspected of counterfeit patents, and the value of the goods involved is more than 100,000 yuan. After investigation by law enforcement personnel, it was confirmed that the batch of suspected counterfeit patented products was designed by an enterprise in Yongchuan District, Chongqing City, and entrusted to a packaging material enterprise in Jiangyang District, Luzhou City to produce it. After the enterprises involved in the case in Jiangyang District printed the packaging materials, they entrusted the enterprises involved in the case in Naxi District to manually assemble them into finished products.
On February 5, the Luzhou Municipal Market Supervision Bureau and the Naxi District Market Supervision Bureau jointly took action to carry out a surprise inspection of the enterprises involved in the two places at the same time, and seized a batch of materials involved in the case, including 93 finished wine products suspected of counterfeit patents, a total of 558 bottles, more than 3,000 finished wine boxes suspected of counterfeit patents, 3,000 suspected counterfeit patent product labels, and the value of the goods involved in the case was 90,000 yuan.
After preliminary examination, the parties, a packaging material company in Luzhou and a printing company in Luzhou City, were suspected of infringing the exclusive right to use a registered trademark in violation of Article 24 of the Sichuan Provincial Patent Protection Regulations. On February 10, the Naxi District Market Supervision Bureau separately filed a case against the two companies involved in the case, and the case is currently under investigation.
8. A bamboo industry limited company used special equipment that was not registered for use in accordance with the regulations
On December 14, 2020, the law enforcement personnel of the Hejiang County Market Supervision and Administration Bureau supervised and inspected the production workshop of a bamboo industry co., LTD. located in Liyu Village (Gou Jiazhai) in Fubao Town, Hejiang County, and found that the company was using 1 horizontal biomass fuel steam boiler and 1 forklift truck that had not been registered for use, and the boiler operator Liu XX and the pressure vessel operator Bian XX were engaged in special equipment operation without the corresponding "Special Equipment Operator Certificate", and the law enforcement personnel issued a "Special Equipment Operator Certificate" to the parties in accordance with the law. Special Equipment Safety Supervision Directive" ordered the parties to make corrections before December 20, 2020.
On December 21, law enforcement personnel again supervised and inspected the production workshop of the parties, and found that the parties were using 1 horizontal biomass fuel steam boiler and 1 forklift truck that had not yet been registered for use, and the boiler operator Liu XX and the pressure vessel operator Bian XX still did not have the corresponding "Special Equipment Operator Certificate" to engage in special equipment operations. The above-mentioned acts of the parties are suspected of violating the "Special Equipment Safety Law of the People's Republic of China", and the law enforcement personnel shall seal the above-mentioned special equipment on the spot in accordance with the law.
On December 21, the case was opened for investigation. It was found that the company still used the special equipment involved in the case without inspection and without registration of use within the time limit, and at the same time used personnel who had not obtained the corresponding qualifications within the time limit to engage in special equipment operations, and after the Hejiang Bureau sealed the boiler involved in the case, it still used the boiler to engage in production activities without authorization, violating the provisions of the Special Equipment Safety Law of the People's Republic of China. On March 5, 2021, the Hejiang Bureau ordered the parties to correct the illegal acts and imposed a fine of 40,000 yuan.
9. A liquor company in Gulin County used non-food raw materials to produce food
On December 8, 2020, law enforcement officers of the Gulin County Market Supervision Bureau inspected a liquor industry co., LTD. in Gulin County in accordance with the law, and found 62 pieces of 7 packages of products labeled "glycase" in the raw material warehouse of its "old brewing workshop". After on-site inquiry, the above-mentioned "glycosylase" is labeled as an industrial saccharinase preparation standard, and the nominal producer registration status is "deregistration" status.
The company's actions are suspected of violating the provisions of the Food Safety Law of the People's Republic of China, and on December 15, the case was filed. It was found that on November 15, 2020, in order to increase the liquor production rate, the parties purchased 70 pieces (10 packages/pieces) of products labeled "glycase" from Moutai Town, Guizhou Province, for use in the lees of 6 cellars under re-fermentation. On December 10, the parties voluntarily submitted to the Bureau the "Plan for destroying and disposing of distillery lees in a winery in Gulin County, Luzhou City", which intends to harmlessly treat the fermented materials of the 6 cellars and ponds involved in the case.
The parties' use of the above-mentioned "glycosylase" for fermented lees to extract wine for distillation violated the provisions of the Food Safety Law of the People's Republic of China, and on February 23, 2021, the Gulin County Bureau imposed an administrative penalty on the company to confiscate 62 pieces of "glycosylase" and 7 packages, and fined 50,500 yuan.
10. A supermarket in Hejiang County deals in food that has exceeded its shelf life and imported frozen food that cannot be traced back
On January 14, 2021, when the law enforcement personnel of the Hejiang County Market Supervision Bureau conducted a law enforcement inspection of a supermarket in Hejiang County, they found in the refrigerated cabinet of the cold chain food sales area of the supermarket: 5 bags of "Run Millennium Pork Belly Skewers", 7 bags of "Big Forest Brand Conditioning Food Series Tenderloin Meat Skewers", 11 bags of "Hemei Brand Duck Heart" and other frozen foods have exceeded the shelf life, and are mixed with other cold chain foods that have not exceeded the shelf life for sale. At the same time, the on-site law enforcement personnel traced the source of the "Fisherman's Second Sister Brand Frozen Basa Fish Fillet" imported by the supermarket through the "Sichuan Cold Chain" platform, and found that it could not provide the nucleic acid test report, disinfection certificate and other information of the cold chain food. Law enforcement officials seized the above-mentioned problem foods in accordance with the law.
The inspection also found that the health certificates of 11 employees of the supermarket had exceeded the validity period.
It was found that during the epidemic prevention and control period, the parties operated frozen food that exceeded the shelf life and frozen food without the "Disinfection Certificate" and "Nucleic Acid Test Report", with a total value of 1704.40 yuan and illegal income of 186.00 yuan.
On March 17, the Hejiang County Bureau ordered the parties to correct the illegal acts and warned the supermarket of arranging for employees with health certificates beyond the validity period to engage in work that came into contact with food for direct consumption; confiscated cold chain food that exceeded the shelf life, confiscated 186 yuan of illegal gains, and fined 100,000 yuan.
Contributed by: Luzhou Municipal Market Supervision Bureau
