Shilou County's notice on the verification and disposal of 1 batch of unqualified food

On November 14, 2023, our bureau received the notice of the national food safety sampling inspection results from the food safety supervision system of the State Bureau and the unqualified "Inspection Report" of jujube vinegar sold by Shilou Qinghui Fresh Supermarket Co., Ltd. sold by the Nanjing Customs Animal and Plant and Food Testing Center, the report number is NO: FF23-12195, and the jujube vinegar non-volatile acid project does not meet the requirements of GB/T 18187-2000 "Brewing Vinegar" after inspection, and the inspection conclusion is unqualified. The product is produced by Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative, and the verification and disposal of unqualified food is hereby notified as follows:

1. Jujube vinegar produced by Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative

(1) The basic situation of sampling

One batch of jujube vinegar produced by Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative with a production date of August 9, 2023 was inspected by the Animal and Plant and Food Testing Center of Nanjing Customs, and the non-volatile acid item did not meet the requirements of GB/T 18187-2000 "Brewing Vinegar", and the inspection conclusion was unqualified.

(2) Risk control

The Shilou County Market Supervision Bureau conducted an investigation on the Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative in accordance with the law. After investigation, the batch of jujube vinegar produced a total of 30L, packaged in 12 barrels (2.5L/barrel), with a value of 120 yuan, and Shilou Qinghui Fresh Supermarket Co., Ltd. in a joint venture with Shilou Qinghui Fresh Supermarket Co., Ltd. on September 1, 2023, all of which were provided to Shilou Qinghui Fresh Supermarket Co., Ltd., agreed to settle at a price of 10 yuan/barrel. The supermarket sold 1 barrel at a price of 20 yuan/barrel on September 28, 2023 during the cooperation period, and on October 15, 2023, the Nanjing Customs Animal and Plant and Food Testing Center inspected Shilou Qinghui Fresh Supermarket Co., Ltd. for random inspection, and the supermarket engaged in activities to buy one get one free, and sold 4 barrels at a price of 20 yuan/barrel, and gave away 4 barrels, a total of 8 barrels. The remaining 3 barrels have not been sold and have been seized by our bureau.

(3) Investigate and rectify the situation

After investigation, the reason for the unqualified is that the temperature control of the jujube vinegar is not in place during the production and fermentation process, and the fermentation is not sufficient, resulting in the non-volatile acid content not meeting the requirements of GB/T 18187-2000 "Brewing Vinegar".

The cooperative has ceased operation on its own due to poor management and the illness of the family members of the person in charge.

(4) Punishment in accordance with law

The Shilou County Market Supervision Bureau filed and investigated the case on December 15, 2023. After investigation, Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative violated Article 26 of the Product Quality Law of the People's Republic of China, "Product quality shall meet the following requirements: (3) In line with the product standards indicated on the product or its packaging, in line with the quality conditions indicated by product descriptions, physical samples, etc." According to Article 50 of the "Product Quality Law of the People's Republic of China", "anyone who mixes or adulterates a product, passes off a fake product as genuine, uses a shoddy product, or passes off a substandard product as a qualified product, shall be ordered to stop production and sales, confiscate the illegally produced or sold product, and impose a fine of not less than 50 percent but not more than three times the value of the illegally produced or sold product; if there are illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the business license shall be revoked; and if a crime is constituted, criminal responsibility shall be investigated according to law." In view of the fact that the parties violated the law for the first time, the value of the items involved in the case was small, and they actively cooperated with the inspection and investigation, and the cooperatives have stopped production and are in a state of suspension, our bureau imposed a fine of twice the value of the products produced by the Zhengtian Green Health Agricultural Products Professional Cooperative in Shilou County, and fined RMB 240.

2. Jujube vinegar sold by Shilou Qinghui Fresh Supermarket Co., Ltd

(1) The basic situation of sampling

Shilou Qinghui Fresh Supermarket Co., Ltd. sells the nominal production enterprise of Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative, with a production date of August 9, 2023, 1 batch of jujube vinegar, which was inspected by Nanjing Customs Animal and Plant and Food Testing Center, and the non-volatile acid project did not meet the requirements of GB/T 18187-2000 "Brewing Vinegar", and the inspection conclusion was unqualified.

(2) Verification and disposal of business links

1. Risk control

The Shilou County Market Supervision Bureau conducted an investigation into Shilou Qinghui Fresh Supermarket Co., Ltd. in accordance with the law. After investigation, the batch of jujube vinegar was purchased by Shilou County Zhengtian Green Health Agricultural Products Professional Cooperative on September 1, 2023 in a joint venture, and it was agreed to be settled at a price of 10 yuan per barrel. The supermarket sold 1 barrel at a price of 20 yuan/barrel on September 28, 2023 during the cooperation period, and on October 15, 2023, the Nanjing Customs Animal and Plant and Food Testing Center inspected Shilou Qinghui Fresh Supermarket Co., Ltd. for random inspection, and the supermarket engaged in activities to buy one get one free, and sold 4 barrels at a price of 20 yuan/barrel, and gave away 4 barrels, a total of 8 barrels. The remaining 3 barrels have not been sold and have been seized by our bureau.

2. Check the rectification situation

After investigation, Shilou Qinghui Fresh Supermarket Co., Ltd. fulfilled its obligations such as purchase inspection when purchasing the batch of jujube vinegar. Corrective measures: Post a recall notice to recall one barrel of jujube vinegar sold on September 28, 2023.

3. Punishment in accordance with law

The Shilou County Market Supervision Bureau filed and investigated the case on December 15, 2023. After investigation, Shilou Qinghui Fresh Supermarket Co., Ltd. violated Article 26 of the Product Quality Law of the People's Republic of China, which states that "product quality shall meet the following requirements: (3) It meets the product standards indicated on the product or its packaging, and conforms to the quality conditions indicated by product descriptions and physical samples." According to Article 136 of the Food Safety Law of the People's Republic of China, "if a food business operator fulfills the obligations of purchase inspection and other obligations stipulated in this Law, and has sufficient evidence to prove that he does not know that the food he purchases does not meet the food safety standards, and can truthfully explain the source of his purchase, he may be exempted from punishment, but shall confiscate the food that does not meet the food safety standards in accordance with the law; if he causes personal or property or other damage, he shall be liable for compensation according to law." Taking into account that the parties have fulfilled their obligations such as purchase inspection, they did not know in advance that the food purchased did not meet the food safety standards, and could truthfully explain the source of the purchases, it was decided to exempt the parties from punishment. The reasons are as follows: the party violated the law for the first time, and the value of the items involved in the case was small, and actively cooperated with the inspection and investigation. The retail store has established a food purchase inspection record system, and can truthfully record the name, specification, quantity, production date or production batch number, shelf life, purchase date, and the name, address, contact information of the supplier, etc., and keep the relevant certificates, in accordance with the provisions of Article 53 of the Food Safety Law of the People's Republic of China. In order to maintain market safety and warn operators to abide by the law, they can be dealt with as appropriate within the boundaries of laws and regulations.

Shilou County Market Supervision and Administration Bureau

April 10, 2024