Anlong County Market Supervision and Administration Bureau Administrative Punishment Decision (Anshi Supervision and Punishment Zi [2022] No. 103)

【Source: Anlong County People's Government_Notice Announcement】

Anshi Supervision Penalty Zi [2022] No. 103

Party: Anlong County Century Dahongfa Shopping Plaza (Wei Mingming)

Subject qualification license name: Anlong County Century Dahongfa Shopping Plaza

Unified social credit code (registration number): 92522328MA6E1GC9X4

Legal representative (person in charge, operator): Wei Mingliang

Contact address: Anlong County Qifeng Street Office Xinkailong city community 11-13 building on the second floor

On April 19, 2022, law enforcement officers received the Case Source Referral Registration Form (No. 03) from the Laws and Regulations Unit of the Anlong County Market Supervision and Administration Bureau and the Decision of the Anlong County People's Procuratorate (Public [2022] No. 8 of the Anlong County People's Procuratorate), requesting that an investigation be conducted into the illegal acts of operating food beyond the shelf life of Anlong County Century Dahongfa Shopping Plaza. After investigation, on April 14, 2022, when the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau and the Anlong County People's Procuratorate carried out a joint inspection of the Anlong County Century Dahongfa Shopping Plaza, In the freezer of the shopping plaza, 9 packs of Qianfuxiang brand Xianglazai Steak (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) and 4 packs of Qianfuxiang brand Guizhou wind meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) exceeded the shelf life, and law enforcement officers made a " Anlong County Market Supervision and Administration Bureau on-site record" and photographs to collect evidence, and issued to the parties the "Anlong County Market Supervision and Administration Bureau to implement administrative compulsory measures decision" (Anlong County Supervision and Administration Bureau [2022] No. 151) and "Anlong County Market Supervision and Administration Bureau Property List", the food that exceeded the shelf life of the business was seized. The party's behavior of operating food that exceeds the shelf life of Anlong County Century Dahongfa Shopping Plaza is suspected of violating the provisions of Article 34 (10) of the Food Safety Law of the People's Republic of China, which prohibits the production and operation of the following foods, food additives, and food-related products: (10) foods and food additives that indicate false production dates, shelf life, or foods that have exceeded the shelf life. On April 19, 2022, the Anlong County Market Supervision and Administration Bureau filed a case against the parties in accordance with the law.

It is now ascertained that the Parties Anlong County Century Dahongfa Shopping Plaza operated the QianfuXiang Brand Xianglazai Steak (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) and Guizhou Feng Meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) the parties Anlong County Century Dahongfa Shopping Plaza purchased from Guizhou Qianfuxiang Food Co., Ltd. in Huaxi District, Guiyang City, Guizhou Province, on May 28, 2021 through a replacement , Qianfuxiang brand Xianglazai Steak (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) purchased a total of 18 packs, the purchase price was 51.5 yuan / pack, the sales price was 58 yuan / pack, sold 4 packs (sales date: 2021 June 08 sales 1 pack, 2021 September 4 sold 3 packs, and the 4 packs sold did not exceed the shelf life), Of these, 9 packs were seized by the Market Supervision Bureau on April 14, 2022, and the remaining 5 packs were destroyed by our supermarket on the afternoon of April 14, 2022; Qianfuxiang brand Guizhou Wind Meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) purchased a total of 14 packs, the purchase price was 36.05 yuan / bag, the sales price was 45 yuan / pack, sold 10 packs (sales dates are: June 17, 2021 sales of 4 packs, August 11, 2021 sold 2 packs, September 4, 2021 sold 3 packs, September 21, 2021 sold 1 pack, 2 packs sold on September 21, 2021, And none of the 10 packs that have been sold have exceeded the shelf life), and the remaining 4 packs were seized by the Market Supervision Bureau on April 14, 2022. The value of the goods totaled 992 yuan, but the 4 packs of Qianfuxiang brand Xianglazai steaks (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) and 10 packages of Qianfuxiang brand Guizhou Wind Meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) were still within the validity period, so there was no illegal income.

The above facts are mainly proved by the following evidence:

Evidence 1: On April 14, 2022, law enforcement officers from the Anlong County Market Supervision and Administration Bureau and the Anlong County People's Procuratorate jointly conducted an on-site inspection of the Anlong County Century Dahongfa Shopping Plaza, 1 copy of the "On-site Record of the Anlong County Market Supervision and Administration Bureau", which proved that the parties Anlong County Century Dahongfa Shopping Plaza operated food beyond the shelf life.

Evidence 2: On April 14, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau and the Anlong County People's Procuratorate jointly inspected the on-site inspection of the anlong County Century Dahongfa Shopping Plaza with 6 photos, proving the fact that the party Anlong County Century Dahongfa Shopping Plaza was engaged in food that exceeded the shelf life.

Evidence 3: On April 14, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau issued a copy of the "Decision on the Implementation of Administrative Compulsory Measures by the Anlong County Market Supervision and Administration Bureau" (Anlong County Supervision and Administration Bureau [2022] No. 151) and the "Anlong County Market Supervision and Administration Bureau Property List" issued by the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau to the Anlong County Century Dahongfa Shopping Plaza, proving the fact that the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau implemented administrative compulsory measures on food that exceeded the shelf life.

Evidence 4: On April 14, 2022, the Anlong County Market Supervision and Administration Bureau received one copy each of the Anlong County People's Procuratorate's "Procuratorial Recommendation of the Anlong County People's Procuratorate of Guizhou Province" (Anlong County People's Procuratorate's "Anlong County People's Procuratorate's Procuratorial Recommendation" (Anlong County People's Procuratorate's Public Construction [2022] No. 7) and the "Decision on Case Filing of the Anlong County People's Procuratorate of Guizhou Province" (Anlong County People's Procuratorate [2022] No. 8), proving the fact that the Anlong County People's Procuratorate urged the Anlong County Market Supervision and Administration Bureau to perform its duties and fulfill its duties in accordance with the law.

Evidence 5: On May 6, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau issued a copy of the "Confirmation of The Address of Service of Administrative Legal Documents of the Anlong County Market Supervision and Administration Bureau" issued by the party Anlong County Century Dahongfa Shopping Plaza, proving the authenticity of the address provided by the party Anlong County Century Dahongfa Shopping Plaza.

Evidence 6: On May 6, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau issued two copies of the "Notice of Inquiry and Investigation of the Anlong County Market Supervision and Administration Bureau" issued by the parties Anlong County Century Dahongfa Shopping Plaza, which proved that the Anlong County Market Supervision and Administration Bureau had notified the parties to the time, place and materials required for the investigation of Anlong County Century Dahongfa Shopping Plaza.

Evidence 7: On May 7, 2022, the law enforcement officers of the Anlong County Market Supervision and Administration Bureau conducted an inquiry and investigation of Wei Zhihai, the manager of Anlong County Century Dahongfa Shopping Plaza, a copy of the "Anlong County Market Supervision and Administration Bureau Inquiry And Investigation Record", which proved the fact that the parties in Anlong County Century Dahongfa Shopping Plaza operated food that exceeded the shelf life.

Evidence 8: On May 7, 2022, the party, Anlong County Century Dahongfa Shopping Plaza, provided a copy of the front and back of the store manager's (Wei Zhihai) ID card, proving the authenticity of the store manager's (Wei Zhihai) identity.

Evidence 9: On May 7, 2022, a copy of the business license and a copy of the food business license provided by the party Anlong County Century Dahongfa Shopping Plaza prove the authenticity of the qualifications of the business entity of the party Anlong County Century Dahongfa Shopping Plaza.

Evidence 10: On May 7, 2022, a copy of the shop lease contract provided by the party Anlong County Century Dahongfa Shopping Plaza proves the existence and authenticity of the business premises of the parties Anlong County Century Dahongfa Shopping Plaza.

Evidence 11: On May 7, 2022, a power of attorney was provided by the party Anlong County Century Dahongfa Shopping Plaza, proving that the party Anlong County Century Dahongfa Shopping Plaza entrusted its store manager Wei Zhihai to the Anlong County Market Supervision and Administration Bureau to handle the fact that Anlong County Century Dahongfa Shopping Plaza operated food that exceeded the shelf life in accordance with the law.

Evidence 12: On May 7, 2022, a copy of the supplier's business license, a copy of the food business license, and a copy of the exchange list provided by the party Anlong County Century Dahongfa Shopping Plaza, proving the fact that the party Anlong County Century Dahongfa Shopping Plaza performed the evidence and demanded the ticket in accordance with the law when purchasing food.

Evidence 13: On May 7, 2022, the parties anlong County Century Dahongfa Shopping Plaza provided part of the sales list (that is, the sales list of Guizhou wind meat of Qianfuxiang brand and the sales list of Guizhou wind meat of Qianfuxiang brand), proving the fact that the party, Anlong County Century Dahongfa Shopping Plaza, performed the evidence and demand for tickets in accordance with the law when purchasing food.

Evidence 14: On May 13, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau issued a copy of the "Decision on Extending the Period of Administrative Compulsory Measures by the Anlong County Market Supervision and Administration Bureau" (Anlong County Supervision and Administration Bureau [2022] No. 31) issued by the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau to the anlong County Century Dahongfa Shopping Plaza, which proved the fact that the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau extended the period of administrative compulsory measures (seizure) for food that exceeded the shelf life.

The above evidence is signed and approved by the parties, the examiner, the interrogator, and the person being questioned.

On June 2, 2022, the law enforcement personnel of the Anlong County Market Supervision and Administration Bureau delivered the "Advance Notice of Administrative Punishment of the Anlong County Market Supervision and Administration Bureau" (Anlong County Supervision and Administration Bureau Notice [2022] No. 103) and the "Notice of Administrative Punishment hearing of the Anlong County Market Supervision and Administration Bureau" (Anlong County Supervision and Administration Bureau [2022] No. 103) to the parties in accordance with the law, informing the parties of the fact that the Anlong County Century Dahongfa Shopping Plaza intends to impose administrative penalties on them. Reasons, basis and amount of penalties, etc., and at the same time inform the parties that Anlong County Century Dahongfa Shopping Plaza has the right to make statements, defend and request a hearing within the statutory time limit. On June 7, 2022, the parties, Anlong County Century Dahongfa Shopping Plaza, submitted to the Anlong County Market Supervision and Administration Bureau the "Defense Opinions on the Administrative Punishment Notice of Anshi City Supervision and Punishment [2022] No. 103" and related evidentiary materials, stating that "1. The respondent did not have the intention to violate the law and did not cause actual harmful consequences; 2. Excessive discretion in administrative punishment", apply for no punishment or mitigated punishment. The parties concerned, Anlong County Century Dahongfa Shopping Plaza, did not submit a request to the Anlong County Market Supervision and Administration Bureau to hold a hearing within the statutory time limit.

The Anlong County Market Supervision and Administration Bureau held that the party's behavior of operating food that exceeded the shelf life of Anlong County Century Dahongfa Shopping Plaza violated the provisions of Article 34 (10) of the Food Safety Law of the People's Republic of China, which prohibits the production and operation of the following foods, food additives, and food-related products: (10) labeling false production dates, shelf life, or foods and food additives that have exceeded the shelf life, and has constituted an illegal act of operating food that has exceeded the shelf life.

In view of the fact that the parties Anlong County Century Dahongfa Shopping Plaza operated more than the shelf life of Qianfuxiang brand Xianglazai (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) and Qianfuxiang brand Guizhou Feng Meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) that exceeded the shelf life, did not cause social harm, actively eliminated hidden dangers and stopped illegal acts, actively cooperated in the process of case investigation and evidence collection, and actively provided relevant materials 。 According to the second paragraph of article 5 of the Administrative Punishment Law of the People's Republic of China, "the establishment and implementation of administrative punishments must be based on facts and commensurate with the facts, nature, circumstances, and degree of harm to society of the illegal conduct", article 6 "To carry out administrative punishments and correct illegal conduct, it shall persist in combining punishment with education, and educate citizens, legal persons, or other organizations to consciously abide by the law" Article 32 (1) "The parties have any of the following circumstances, Administrative punishments should be mitigated or mitigated: (1) Taking the initiative to eliminate or mitigate the harmful consequences of illegal acts" and the "Guiding Opinions of the State Administration for Market Regulation on Regulating the Discretionary Power of Administrative Penalties in Market Supervision and Management" (7) The discretionary circumstances of administrative punishment. 2. In any of the following circumstances, administrative punishment shall be mitigated or mitigated in accordance with law: (2) Actively eliminating or mitigating the harmful consequences of unlawful conduct; 3. In any of the following circumstances, administrative punishment may be mitigated or mitigated in accordance with law: (1) Actively cooperate with the market supervision department's investigation, truthfully state the facts of the violation, and take the initiative to provide evidentiary materials; (2) The illegal conduct is minor and the social harm is small" and the provisions of Article 12, Paragraph 1, Item (1) of the Guizhou Provincial Provisions on the Application of Discretionary Powers for Administrative Punishment in Market Supervision and Management (Trial Implementation) "In any of the following circumstances, the administrative punishment shall be mitigated in accordance with law: (1) Timely and actively eliminate or mitigate the harmful consequences of the illegal act", after two trial meetings held by the Case Trial Committee of the Anlong County Market Supervision and Administration Bureau on May 26, 2022 and June 10, 2022, As a result of the collective discussion, it was decided to give a mitigated punishment to the party, Anlong County Century Dahongfa Shopping Plaza.

According to the illegal acts of dealing in food that has exceeded the shelf life of an ancillary shopping mall in Anlong County, according to item (5) of the first paragraph of article 124 of the Food Safety Law of the People's Republic of China, "in violation of the provisions of this Law, in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal gains and the food and food additives illegally produced and traded, and may confiscate the tools, equipment, raw materials and other articles used in illegal production and operation; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; Where the value of the goods is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; Where the circumstances are serious, the license shall be revoked: (5) Food and food additives with false production dates, shelf life or expiry shelf life in production and operation" and article 32 (1) of the Administrative Punishment Law of the People's Republic of China that "a party shall have a mitigated or mitigated administrative punishment in any of the following circumstances: (1) Take the initiative to eliminate or mitigate the harmful consequences of the illegal act", based on the facts of this case, it is decided to give the following administrative punishment to the party Anlong County Century Dahongfa Shopping Plaza:

1. Confiscation of food beyond the shelf life: Qianfuxiang brand Xianglazai steak (production date: 2021.05.04; shelf life: eight months; net content: 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) 9 packs; Qianfuxiang brand Guizhou wind meat (production date: 2021.05.05; shelf life: eight months; net content 400g; manufacturer: Guizhou Qianfuxiang Food Co., Ltd.) 4 packs;

2. A fine of RMB 20,000,000 (¥20,000.00).

Within 15 days from the date of receipt of this penalty decision, the parties concerned shall present this decision to the Anlong County Market Supervision and Administration Bureau (Office II) to issue Guizhou Provincial Financial Electronic Bills and Notice of Payment of Government Non-tax Revenue, and pay the payment to the bank with the payment code. If a party fails to perform on the administrative punishment decision within the time limit, the Bureau will handle it in accordance with the provisions of Article 72 (1) and (3) of the Administrative Punishment Law of the People's Republic of China and Article 45 of the Administrative Compulsion Law of the People's Republic of China, and may take the following measures in accordance with law: (1) If the fine is not paid when due, a fine of 3% of the amount of the fine shall be imposed every day (the amount of the additional fine shall not exceed the amount of the fine); (2) Apply to the people's court for compulsory enforcement.

If you are not satisfied with this decision, you may apply for administrative reconsideration to the administrative reconsideration organ of the Anlong County People's Government within 60 days of receiving the written decision, or you may directly file an administrative lawsuit with the people's court within six months. Where a party is dissatisfied with an administrative punishment decision and applies for an administrative reconsideration or initiates an administrative lawsuit, the enforcement of the administrative punishment is not stopped.

In accordance with the relevant provisions of the Interim Regulations on the Disclosure of Enterprise Information, the Provisions of the State Administration for Market Supervision and Administration on the Publicity of Information on Administrative Penalties for Market Supervision and Management, and the Notice of the State Council on the Implementation of Information on Administrative Punishment Cases of Publicly Manufacturing and Selling Counterfeit and Shoddy Commodities and infringement of Intellectual Property Rights in accordance with the Law (trial implementation), this Bureau will publicize administrative punishment information through the enterprise credit information publicity system, web portals, special websites, etc.

Anlong County Market Supervision administration

June 13, 2022

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