First, the sampling of fritters pulls out the secret of fritters
Defendant Nie XX operated the first breakfast shop in Gurao Nie XX in Lieshan District, Huaibei City, opposite the Lieshan District Health Center in Huaibei City.
On September 2, 2020, the law enforcement personnel of the Market Supervision and Administration Bureau of Lieshan District of Huaibei City conducted sampling tests on the fritters processed and sold by Nie Moumou.
Tested by Anhui Public Inspection and Research Institute Co., Ltd., the measured value of aluminum residue is 951mg/kg, and the test result is unqualified. On the same day, Nie Moumou added aluminum ammonium sulfate to make about 60 fritters, sold more than 50 sticks, sampled 7 sticks, the sales amount was about 60 yuan, and the profit was about 18 yuan. On October 28, 2020, he was summoned to the Gurao Police Station of the Lieshan Branch of the Huaibei Municipal Public Security Bureau, and truthfully confessed the facts of the crime after arriving at the case.
2. Judgment of the Court
The Intermediate People's Court of Huaibei City, Anhui Province, rendered a judgment on the case on March 23, 2021. The court held (compiled by the editor):
(1) Defendant Nie X's production and sale of food that does not meet food safety standards is sufficient to cause serious food poisoning accidents or other serious foodborne diseases, and his conduct has constituted the crime of producing and selling food that does not meet safety standards.
(2) Nie X voluntarily surrendered after being notified by the public security organ by telephone, and truthfully confessed the facts of the crime, is a voluntary surrender, and voluntarily admits guilt and accepts punishment, and may be given a lenient punishment. Nie X's illegal gains shall be recovered in accordance with law.
(3) Because the conduct in this case also infringed on the right to health of unspecified consumers and harmed the social public interest, the early shop of Gu Rao Nie in Lieshan District, Huaibei City, should bear corresponding civil liability. The Huaibei Municipal People's Procuratorate's initiation of an attached civil public interest lawsuit in accordance with law is a way to safeguard the societal public interest, and its litigation claim has a legal basis, and this court supports it.
(4) Convict defendant Nie X of the crime of producing and selling food that does not meet safety standards, sentence him to two months' detention, and impose a fine of RMB 8,000. Defendant Nie X's illegal gains of RMB 60 shall be recovered. Ordered the defendant of the attached civil public interest lawsuit, Gu Rao Nie of The Lieshan District of Huaibei City, to publicly apologize to the public in the media at or above the municipal level (including the municipal level) in Huaibei City. The defendant in the attached civil public interest lawsuit, Gu Rao Nie, Lieshan District, Huaibei City, paid compensation of RMB 1,000.
3. Bin Bin analysis case
Why add alum to your fritters? The main reason is that when alum and alkali are put into water, chemical changes occur between them, producing a large amount of carbon dioxide gas and flocculent aluminum hydroxide. When combined with the surface, the flocculent aluminum hydroxide forms a film with the face, enveloping the carbon dioxide gas. The fritters are put into a hot oil pan, and the carbon dioxide gas expands by heat, making the fritters expand. This is the reason why fried fritters should be greased and alkalid.
Alum is indeed harmful to our body, but adding a small amount of alum to the fritters will not have much effect on our body. On the contrary, after the alum in the churros becomes aluminum hydroxide, it can form a gel in the gastric mucosa, neutralize the stomach acid, protect the gastric mucosa, and many drug components that protect the stomach are also aluminum hydroxide.
If the merchant adds a large amount of alum in order to pursue the taste, it will seriously endanger human health. Because aluminum is a low-toxicity metal, after the human body ingests, only a small amount of aluminum can be excreted from the body, and others will accumulate in the body, which will damage the brain in the long run, resulting in children's mental retardation, the elderly are prone to Alzheimer's disease, and fetal growth and development are also affected.
However, as early as 2014, the Announcement of the National Health and Family Planning Commission and other five departments on adjusting the provisions on the use of aluminum-containing food additives (No. 8 [2014]) stipulated that
Since July 1, 2014, it is forbidden to use sodium acidic aluminum phosphate, sodium silica aluminuminate and aluminum starch octenyl succinate for the production, operation and use of food additives, and aluminum-containing food additives shall not be used in the production of puffed foods, and potassium aluminum sulfate and ammonium aluminum sulfate shall not be used in the production of wheat flour and its products [except fried flour products, batters (such as drag batter for fish and poultry meat), wrapped powder, and frying powder]. Foods that have been produced using the above food additives in accordance with the relevant standards before July 1, 2014 can continue to be sold until the end of the shelf life.
Therefore, it is illegal to fry fritters and alum after July 1, 2014. If you overdo it, it may constitute a crime! The verdict in this case reiterates this again, and it may also be beyond your comprehension. However, adding alum to fritters may indeed constitute a crime. Let's eat less fritters! Even if you want to eat it, eat fritters without added alum. What do you say? Welcome to discuss @Bin Bin Rule of Law Story Collection