Merchants use plastic buckets to repeatedly contain fresh milk, resulting in the corruption and deterioration of fresh milk, and the masses have reported to the procuratorate several times that they have bought corrupt and spoiled raw milk, what should the merchants do with "paper rectification"? On March 3, the Supreme People's Procuratorate released a typical case of procuratorial public interest litigation "looking back" to follow up and supervise, and the "Administrative Public Interest Litigation Case of the People's Procuratorate of Mulei Kazakh Autonomous County in Xinjiang Uygur Autonomous Region Urging the Rectification of the Safety Of Loose Fresh Milk" was selected.
The masses complained that the raw milk in the store was spoiled
The procuratorate recommends urging the Market Supervision Bureau to perform its duties in accordance with law
In October 2019, the Mulei County Procuratorate received feedback from the public that the fresh milk operated by some stores was corrupt and deteriorated. The Mulei County Procuratorate immediately conducted on-site investigation and evidence collection of 8 fresh milk sales stores in the county, and found that the fresh milk stores used ordinary plastic barrels to repeatedly contain fresh milk. Plastic barrels are inconvenient to clean, stored milk is easy to spoil and deteriorate, can not be sterilized by high temperature, does not meet the requirements of the "Xinjiang Uygur Autonomous Region Dairy Regulations", there are food safety hazards. On November 1, 2019, the Mulei County Procuratorate decided to file an administrative public interest lawsuit, finding that the county's market supervision and administration bureau, as the supervision and management department of the sales of fresh milk, failed to perform its supervision and management duties in accordance with the above situation, resulting in infringement of the social public interest.
On November 11, 2019, the Mulei County Procuratorate issued a procuratorial recommendation to the county market supervision and administration bureau in accordance with the law, requiring the bureau to earnestly perform its regulatory duties, investigate and deal with the illegal sale of fresh milk by merchants in the county, and strengthen food safety education and enhance the food safety awareness of merchants.
After receiving the procuratorial suggestions, the county market supervision and administration bureau quickly organized rectification, and on November 21, 2019, made a written reply to the Mulei County Procuratorate on the implementation of the procuratorial suggestions, saying that it had ordered the merchants involved in the case to immediately stop selling fresh milk and carry out rectification within a time limit. At the end of November 2019, the Mulei County Procuratorate verified the effect of rectification, and the 8 stores involved in the case had stopped selling fresh milk. In 2020, a number of stores involved in the case successively purchased stainless steel barrels for fresh milk operations.
Market Supervision Bureau's Negligence in Performing Its Duties, Shop "Paper Rectification"
The procuratorate initiates an administrative public interest lawsuit in accordance with law
The Mulei County Procuratorate conducted an on-site assessment of the rectification effect of merchants' illegal sale of fresh milk.
On August 18, 2021, the Mulei County Procuratorate once again received feedback from the public that the fresh milk it bought in the store had deteriorated. The Mulei County Procuratorate then combined with the supervision of the public interest litigation of fresh milk in 2019, and sent personnel to the store involved in the case to "look back" on whether there was an illegal sale of fresh milk. Through field investigation, it was found that many merchants still used plastic barrels to hold retail fresh milk due to the large weight and high cost of stainless steel drums, and did not establish a purchase inspection system and sales accounts. The county's market supervision and administration bureau has not fully performed its regulatory duties in accordance with the law, and there is a situation of "paper rectification", resulting in the persistence of illegal acts of merchants and harming the social and public interests.
On November 25, 2021, the Mulei County Procuratorate filed an administrative public interest lawsuit with the Mulei County Court in accordance with the law, requesting that the Mulei County Market Supervision and Administration Bureau be ordered to perform its regulatory duties over the fresh milk sales industry in accordance with the law.
The Mulei County Procuratorate organized the County Agricultural and Rural Bureau and the County Market Supervision and Administration Bureau to hold a "Joint Meeting on Strengthening Cooperation in the Field of Fresh Milk Production and Sales".
More than 30 fresh milk stores were rectified
The production and sales of fresh milk have been standardized
After the administrative public interest lawsuit was initiated, the county's market supervision and administration bureau immediately launched a special inspection of fresh milk sales, rectified more than 30 fresh milk stores registered in Mulei County, and replaced more than 90 stainless steel fresh milk storage barrels. At the same time, the bureau reported to the procuratorial organs that in accordance with the provisions of the "Regulations on Dairy Industry in the Xinjiang Uygur Autonomous Region", the production of fresh milk requires animal disease prevention and control agencies to issue dairy and animal health certificates, units or individuals outside the purchase station need to purchase fresh milk need to be issued a fresh milk purchase license issued by the competent administrative department of animal husbandry and veterinary medicine, and merchants directly selling fresh milk also need to provide conditions such as raw milk quality and safety inspection and testing certificates.
In this regard, the Mulei County Procuratorate actively coordinated with the County Agricultural and Rural Bureau and the Market Supervision and Administration Bureau to hold a symposium to urge the two units to sign the "Implementation Opinions on Strengthening Cooperation in the Production and Sales of Fresh Milk" and file it with the Standing Committee of the People's Congress of Mulei County. The signing of the "Implementation Opinions" has standardized the production and sales of fresh milk, promoted the benign development of the industry, and the society has responded well. In view of the protection of the damaged public interest and the realization of the claim, the Mulei County Prosecutor's Office decided to withdraw the indictment.
Source: Justice Network Headline Number