In accordance with the deployment of the State Administration for Market Regulation, the Shanxi Provincial Administration for Market Regulation has carried out a special governance action for serious illegal and untrustworthy conduct by business entities, focusing on all kinds of high-risk credit enterprises, focusing on major and important cases that are of great concern to the public, have a large social impact, and have serious harmful consequences, and have concentrated on investigating and handling a number of typical cases of serious violations and untrustworthiness, enhancing the deterrent effect of credit supervision and effectively purifying the market environment.
PART.01
1. The Taiyuan Municipal Market Supervision Bureau will include the Daozhong Beef and Mutton Distribution Department of Xinghualing District, Taiyuan City, which forged animal quarantine certificates, into the list of serious violations and dishonesty
In December 2020, when the law enforcement officers of the comprehensive administrative law enforcement team of the Taiyuan Municipal Market Supervision Bureau carried out the meat market inspection, they found that the beef animal quarantine certificate presented by a number of beef business enterprises was suspected of being forged.
After investigation, the operator of the Daozhong Beef and Mutton Distribution Department in Xinghualing District, Taiyuan City, ran his own beef cattle farm in Wenshui County, and slaughtered the cattle privately without on-site quarantine by the local animal quarantine department from January to December 2020, and then transported them to his store for sale, and the amount involved was as high as 115,305.1 yuan. On September 7, 2021, in accordance with the provisions of Article 41 (1) and Article 44 of the Regulations on the Management of Small Food Workshops and Small Business Shops and Stalls in Shanxi Province, and Article 67 (1) of the "Regulations on the Implementation of the Food Safety Law", the Taiyuan Municipal Market Supervision Bureau made an administrative penalty decision on September 7, 2021 in accordance with the principle of heavier punishment to the parties to withdraw the record certificate of small food business stores, fined and confiscated 2,077,398.45 yuan, and the operator shall not engage in food production and business activities within five years. In February 2023, on the basis of articles 2 and 5 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation", the parties were included in the List of the Untrustworthy with Serious Violations.
As a food seller, the party had a weak sense of the rule of law, failed to quarantine the beef in accordance with the regulations, and forged the animal quarantine certificate. While strictly imposing administrative punishments in accordance with law, the market regulation departments have also included them in the list of the untrustworthy with serious violations to implement credit restraint and punishment, effectively giving play to the role of credit supervision in ensuring food safety.
PART.02
2. The Heshun County Market Supervision and Administration Bureau will include Yang Mouyan Hotel in Heshun County, which does not perform its food safety responsibilities, in the list of serious violations and dishonesty
On September 22, 2023, the Heshun County Market Supervision Bureau received a notice from the County Health Commission that a number of people had foodborne illness after dining at Yang Mouyan Restaurant in Heshun County, causing greater public opinion. The Heshun County Market Supervision Bureau immediately conducted an on-site inspection of the business premises of the parties and sealed the operation room. After verification by the testing agency, the "spiced beef" in its dish contained xylazine, and then the party was placed on file for investigation.
After investigation, the parties did not check the legal qualifications, bills and relevant supporting documents of the suppliers when purchasing raw beef. On August 15, 2023, the bureau issued an administrative penalty of warning for failing to check the supplier's license and relevant supporting documents when the party purchased the goods, which was a refusal to make corrections. In accordance with the provisions of Article 126, Paragraph 1, Item 3 of the Food Safety Law of the People's Republic of China, the party was fined RMB 50,000 and the food business license was revoked. At the same time, on the basis of articles 2 and 5 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation", the parties are to be entered into the List of the Untrustworthy with Serious Violations.
The implementation of the main responsibility of food safety is the legal obligation of food producers and traders, and the parties, as catering service operators, fail to strictly perform the obligation of purchase inspection, and the relevant food safety management system is in vain. While strictly and severely imposing administrative punishments in accordance with law, the market regulation departments are to comprehensively use credit supervision tools such as the List of the Untrustworthy with Serious Violations and credit information publicity to punish violators, warn other catering service operators, regulate food production and business operations in accordance with law, and build a solid food safety barrier.
PART.03
3. The Jincheng Urban Market Supervision Bureau included Wang Mouzhang and Li Moumei, who were sentenced and prohibited from practicing for food safety crimes, on the list of serious violations and dishonesty
Since 2021, the parties Wang Mouzhang and Li Moumei have been sentenced to fixed-term imprisonment by the urban people's court for the crime of producing and selling food that does not meet safety standards, which is an act of being sentenced to fixed-term imprisonment or above for food safety crimes.
On September 26, 2023, the Jincheng Urban District Market Supervision Bureau, in accordance with the second paragraph of Article 135 of the Food Safety Law of the People's Republic of China, stipulates that "those who are sentenced to fixed-term imprisonment or above for food safety crimes shall not be engaged in food production and operation management for life, nor shall they serve as food safety management personnel of food production and operation enterprises", and the third paragraph of Article 135 stipulates that "if a food producer or trader hires the above-mentioned personnel, the food supervision and administration department of the people's government at or above the county level will have its license revoked" Give 2 people an administrative punishment of being prohibited from engaging in food production and operation management for life, and must not serve as food safety management personnel of food production and operation enterprises, and in accordance with article 2 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Supervision and Management", the above-mentioned parties are to be included in the list of the untrustworthy with serious violations, and the district administrative examination and approval bureau is to be notified by letter to carry out joint disciplinary action, effectively giving play to the warning and education role of the list of the untrustworthy with serious violations.
Food safety has always been the focus of people's attention, because it is directly related to people's lives, health and vital interests. In order to ensure the food safety of the general public, the market supervision department will continue to maintain a high-pressure situation of cracking down on food safety violations.
PART.04
Fourth, the Lingchuan County Market Supervision Bureau included the Lingchuan County Sun Moufeng Batch Zero Department of Tobacco Products Retail without a Tobacco Monopoly Retail License into the List of the Untrustworthy with Serious Violations
On September 19, 2023, the Lingchuan County Market Supervision Bureau received a letter from the Tobacco Monopoly Bureau of Lingchuan County, Shanxi Province regarding the transfer of the case of Sun Moufeng's batch of cigarettes without a tobacco monopoly retail license in Lingchuan County (Lingyan Shift [2023]) No. 5), reflecting that Sun Moufeng of Lingchuan County was suspected of operating a tobacco product retail business without a tobacco monopoly retail license, and after investigation, the party purchased 7 varieties and 48 rolls from several stores in Lingchuan County in mid-July 2023 by cash payment under the condition that he had a business license but did not apply for a tobacco monopoly retail license, and at the time of the case, he had not sold them and had no illegal gains. The inspection report issued by the Shanxi Provincial Tobacco Product Quality Supervision and Inspection Station proved that the 48 tobaccos involved in the case were all genuine cigarettes, and the Shanxi Provincial Tobacco Monopoly Bureau verified the price of the tobacco involved in the case, and the market price was 8,120 yuan.
The conduct of the parties violated the provisions of Article 6, Paragraph 1 and Paragraph 2 (3) of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, and constituted the act of operating tobacco products without a tobacco monopoly retail license. In view of the fact that the party was administratively punished by the Lingchuan County Market Supervision and Administration Bureau for the same illegal act on March 24, 2021 and March 28, 2022, respectively, the Lingchuan County People's Court made a judgment on September 5, 2023: "The defendant Sun Moufeng committed the crime of illegal business operation and was sentenced to one year and eight months in prison, suspended for two years, and fined 10,000 yuan." In accordance with the Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China and the Rules for the Application of the Discretionary Power of Administrative Punishment of the Shanxi Provincial Administration for Market Regulation, the Lingchuan County Market Supervision Bureau imposed heavy administrative penalties on the parties. On the basis of articles 2 and 10 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation", enter parties into the List of the Untrustworthy with Serious Violations.
The act of operating tobacco products without a tobacco monopoly retail license undermines the order of fair competition in the market, seriously infringes on the legitimate rights and interests of consumers, and is of a bad nature. The departments for market regulation are to enter them into the List of the Untrustworthy with Serious Violations in accordance with law, and carry out punishments for untrustworthiness.
PART.05
5. The Hongdong County Market Supervision and Administration Bureau will include Hongdong Zangnuo Guoyitang Kangda Medical Management Co., Ltd., which refused to implement the administrative punishment decision, into the list of the untrustworthy with serious violations
On November 2, 2021, Hongdong Zangnuo Guoyitang Kangda Medical Management Co., Ltd. was confiscated 186.28 yuan of illegal gains and fined 100,000 yuan by the Hongdong County Market Supervision and Administration Bureau for selling traditional Chinese medicine decoction pieces without identification labels and failing to provide qualification materials for purchasing the batch of traditional Chinese medicine decoction pieces through formal channels, as well as failing to provide purchase acceptance records of traditional Chinese medicine decoction pieces. On June 27, 2022, the Hongdong County Administration for Market Regulation issued a reminder to perform the administrative penalty decision, but still refused to perform the obligations determined in the Administrative Penalty Decision. On July 20, 2022, it applied to the Hongdong County People's Court for compulsory enforcement.
Because the parties' refusal to implement the administrative punishment decision is subjectively obvious, the nature is vile, and the harm to society is greater, it seriously affects the credibility of the market regulation department. On the basis of article 11 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation", the Hongdong County Administration for Market Regulation entered the parties into the List of the Untrustworthy with Serious Violations.
After making an administrative punishment decision, the market regulation departments are to carry out strict supervision and control of business entities that have the ability to perform but refuse to perform in accordance with law, and lawfully enter them into the List of the Untrustworthy with Serious Violations, and form a strong deterrent through public announcements, bringing about the effects of investigating and handling one case, warning a group, and educating one, prompting business entities to abide by the law and operate in good faith, and advancing the establishment of a credit system for business entities to achieve practical results.
PART.06
VI. The Linyi County Market Supervision Bureau is to include 13 business entities, including the Lanteng Department Store in Meiyang Town, Linyi County, that submitted false materials to obtain registration as market entities, into the List of the Untrustworthy with Serious Violations
On September 11, 2023, the law enforcement officers of the Linyi County Market Supervision Bureau found in the inspection of the business premises of 13 business entities, including Lanteng Department Store in Meiyang Town, Linyi County, that the 13 business entities did not exist in the registered business premises, and they were suspected of submitting false materials to obtain the registration of market entities.
On May 31, 2023, on the Shanxi Provincial Market Entity Registration Management Platform, the party submitted the application materials for the establishment and registration of individual industrial and commercial establishment, and on June 1, 2023, obtained the establishment and registration of 13 business entities including Lanteng Department Store in Meiyang Town, Linyi County, which violated Articles 17 and 44 of the Regulations of the People's Republic of China on the Registration and Administration of Market Entities. In accordance with Article 44 of the Regulations of the People's Republic of China on the Administration of Registration of Market Entities and Article 71, Paragraph 1 of the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on the Registration and Administration of Market Entities, on November 27, 2023, the Linyi County Market Supervision Bureau imposed administrative penalties on 13 parties, including Lanteng Department Store in Meiyang Town, Linyi County, to revoke their business licenses. At the same time, on the basis of articles 2 and 10 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation", the parties are to be entered into the List of the Untrustworthy with Serious Violations.
The act of submitting false materials to defraud the registration of market entities has obvious subjective intent and is vile in nature, seriously undermining the market order, and the market regulation departments will severely crack down on it in accordance with law and implement severe credit punishments.
PART.07
7. The Hejin Municipal Market Supervision Bureau will include the Hejin Yunguo Safety Valve Calibration and Maintenance Co., Ltd., which refuses to implement the administrative punishment decision, falsifies and maliciously evades enforcement, into the list of serious violations and dishonesty
In April 2020, Hejin Yunguo Safety Valve Calibration and Maintenance Co., Ltd. was fined 155,000 yuan to the company and fined 5,000 yuan to the directly responsible person in charge for engaging in safety valve inspection and testing activities without approval. The parties filed an administrative lawsuit because they were dissatisfied with the administrative punishment decision, and the courts at the Hejin City and Yuncheng City levels tried it twice, and both were rejected by the judgment. After the judgment takes effect, the party still refuses to perform the statutory obligation to pay the fine. In May 2021, the Hejin Municipal Market Supervision Bureau applied to the Hejin Municipal People's Court for compulsory enforcement in accordance with the law, and it was accepted. In order to evade enforcement, the party concerned applied for cancellation of registration by providing false materials and concealing important facts to the Hejin Municipal Administrative Examination and Approval Bureau in November 2022, knowing that the fine had not yet been paid, and was approved for cancellation in January 2023. In May 2023, the Hejin Municipal Market Supervision Bureau immediately issued a recommendation letter to the Hejin Municipal Administrative Examination and Approval Bureau to revoke the cancellation of registration after learning of the situation, and the parties were subsequently restored to their normal registration status.
Because the subjective malice of the parties' refusal to implement the administrative punishment decision is obvious, the nature is vile, the circumstances are serious, and the harm to society is relatively large, it seriously affects the credibility of the market regulation department. On July 4, 2023, the Hejin Municipal Market Supervision Bureau included the parties in the List of the Untrustworthy with Serious Violations in accordance with Article 11 of the "Measures for the Management of the List of the Untrustworthy with Serious Violations for Market Regulation".
Refusal to enforce administrative punishment decisions, and fraudulent and malicious evasion of enforcement are typical examples of serious illegal and untrustworthy conduct, and must be severely cracked down, and strong credit restraints and punishments for untrustworthiness must be implemented. The departments for market regulation will continue to increase the force of the crackdown on serious illegal and untrustworthy conduct, urging business entities to operate in compliance with the law and in good faith, and advancing the establishment of a credit system for business entities to achieve practical results.
PART.08
8. The Market Supervision Bureau of the Demonstration Zone will include the Zhichengyuan Tobacco and Liquor Distribution Department of Taiyuan High-tech Zone, which sells liquor that infringes on the exclusive right to use a registered trademark, into the list of serious violations and dishonesty
On May 15, 2023, the Market Supervision Bureau of the Demonstration Zone received a case transfer letter, reflecting that the Zhichengyuan Tobacco and Alcohol Distribution Department of Taiyuan High-tech Zone was suspected of selling fake liquor. After investigation, the party sold 24 bottles of 53 degrees Feitian Moutai that infringed on the exclusive right to use the registered trademark, with an illegal business turnover of 40,800 yuan. The law enforcement officers investigated and found that in 2018, the party was seized by the Market Supervision Bureau of Xiaodian District, Taiyuan City, for selling "Xinghuacun" and other brands of liquor that infringed the exclusive right to use registered trademarks, and imposed an administrative penalty of a fine of 3,000 yuan. This illegal act is the second trademark infringement committed by the party within five years, and shall be severely punished in accordance with the law.
In accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law, the Market Supervision Bureau of the Demonstration Zone made an administrative penalty decision of a fine of 175,000 yuan on the party, and included the party in the list of the untrustworthy with serious violations in accordance with Articles 2 and 9 of the Measures for the Administration of the List of the Untrustworthy with Serious Violations for Market Supervision and Administration.
The sale of liquor that infringes on the exclusive right to use a registered trademark seriously infringes upon the legitimate rights and interests of consumers and undermines the order of fair competition in the market. The market supervision department will severely crack down on illegal activities such as the production and sale of counterfeit and shoddy products, optimize the consumption environment, and effectively ensure the safety of the people's consumption.
PART.09
9. The Market Supervision Bureau of the Demonstration Zone will include the first section of the Taiyuan Private District Yipin Fresh Fish and Seafood Commercial Bank that uses measuring instruments for the purpose of deceiving consumers into the list of serious violations and the untrustworthy
On May 17, 2023, the law enforcement officers of the Market Supervision Bureau of the Demonstration Zone found that the electronic scale used by a fresh fish and seafood commercial bank in Taiyuan Private District was unqualified during a market inspection. On the same day, an investigation was carried out, and the Shanxi Provincial Inspection and Testing Center was entrusted to verify the electronic scale. The party said that the electronic scale involved was purchased in early June 2022 when someone came to sell, there were no relevant procedures, and it was not modified by itself. On May 26, 2023, the Shanxi Provincial Inspection and Testing Center issued a notice of verification results, and the verification conclusion of the electronic scale involved was unqualified.
Because the illegal act of purchasing and using the electronic scale involved lasted for more than six months, the Market Supervision Bureau of the Demonstration Zone imposed a heavy administrative penalty on the party on July 27, 2023 in accordance with Article 46 of the Detailed Rules for the Implementation of the Measurement Law of the People's Republic of China, and included it in the list of the untrustworthy with serious violations in accordance with Articles 2 and 8 of the Measures for the Administration of the List of the Untrustworthy with Serious Violations for Market Supervision and Management.
The accuracy of measuring instruments is related to the vital interests of the people, due to the low price of measuring instruments in the bazaar, the cheating operation is simple, and the phenomenon of short catties in the market has been repeatedly prohibited. The market supervision department protects the vital interests of consumers with strict law enforcement, so that the masses can carry the "vegetable basket" more at ease.
Shanxi market supervision