Since the launch of the "Iron Fist" action to investigate and handle cases in the field of people's livelihood in 2021, the provincial market supervision department has closely focused on the focus of the crackdown determined by the General Administration and the clear self-selected actions of the provincial bureau, focusing on the prominent problems that the masses have strong reactions to and public opinion is concerned about, taking the investigation and handling of cases as the starting point, effectively solving the people's livelihood demands, and safeguarding the vital interests of the people with practical actions. Typical cases of "Iron Fist" operation (Phase III) are hereby announced:
1. The Qingbaijiang District Market Supervision and Administration Bureau of Chengdu investigated and handled a case of a restaurant producing and selling food with pathogenic microorganisms exceeding the limit of food safety standards
Case Introduction: On May 1, 2021, the Market Supervision Bureau of Qingbaijiang District of Chengdu City received a clue from the Qingbaijiang District Center for Disease Control and Prevention: Some people who dined together at a restaurant had abdominal pain, diarrhea, nausea, vomiting and other symptoms one after another that night, and it was suspected that foodborne illness incidents occurred. On May 2, the Qingbaijiang District Market Supervision Bureau opened an investigation into the hotel. After investigation: On May 1, the restaurant provided customers with raw baked scallops and seafood dishes that were not thoroughly cooked in the private seat service, and the food contained Vibrio parahaemolyticum exceeded the limit of food safety standards.
Treatment result: The party's production and sale of pathogenic microorganisms exceeding the limit of food safety standards violated the provisions of Article 34 (2) of the Food Safety Law of the People's Republic of China, and according to the provisions of the first paragraph of Article 124 of the Food Safety Law of the People's Republic of China, on September 3, the Qingbaijiang District Market Supervision and Administration Bureau ordered the parties to correct the illegal acts, confiscated the illegal gains of the parties 8988 yuan, and fined 75000 yuan.
Second, the Market Supervision Bureau of Fucheng District of Mianyang City investigated and handled a casserole skewer in Fucheng District suspected of using recycled oil
Case Introduction: On August 12, 2021, the Mianyang Fucheng District Market Supervision and Administration Bureau and the Fucheng District Branch of the Mianyang Municipal Public Security Bureau carried out a joint inspection of hot pot base and oil in the jurisdiction of Fenggu Town, Fucheng District. During the inspection, it was found that there was a stainless steel vat of about 100L in the casserole skewer operation room, and there were about 40 kilograms of hot pot base oil to be used in the liquid state, and there were plastic mesh and stainless steel scoops and other tools used in the bottom of the filtered and recycled hot pot pot on the spot. At the same time, the scene also found that there are packaged finished butter hot pot oil and butter hot pot base. Because the parties were suspected of using recycled hot pot base to process hot pot oil, law enforcement officers sampled and sent the hot pot base oil found at the scene for inspection, and the inspection did not meet the requirements of the "National Standards for Food Safety Edible Animal Oils and Fats" and was an unqualified product.
Result of treatment: The party concerned's act of recycling waste oil and fat to refine into old oil hot pot bottom oil and selling it to customers for consumption violates the provisions of item 1 of the first paragraph of Article 34 of the Food Safety Law of the People's Republic of China, and is suspected of constituting the crime of producing and selling toxic and harmful food. In accordance with Article 27 of the Administrative Punishment Law of the People's Republic of China and Article 3 of the Provisions of the State Council on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, on August 26, the Fucheng District Market Supervision Bureau transferred the case to the Fucheng District Branch of the Mianyang Municipal Public Security Bureau for filing and investigation.
3. The case of Kang xxx, Yang xx, and Zheng xxx, which were investigated and handled by the Huidong County Market Supervision and Administration Bureau of Liangshan Prefecture, sold food (pork) that did not meet food safety standards
Case Introduction: On July 23, 2021, the Market Supervision Bureau of Huidong County, Liangshan Prefecture, based on the report, inspected booth No. 1 in the pork area on the second floor of the farmers market in the center of Huidong County, and found that the party, Mr. Kang, was selling pork without quarantine markings and could not provide quarantine certificates and other bills. According to the sampling and identification of the Huidong County Animal Health Supervision Institute, the batch of pork is "the product of sick and dead animals". After investigation: The parties Yang XX and Zheng XX purchased the batch of sick pigs from the farmers on July 21, and after slaughtering them in Yang XX's house in the early morning of July 23, they sold them to the parties Kang XX at a price of 14 yuan / Kg, and Kang XX decomposed and sold them on the stall. As of the time of the case, the party, Mr. Kang, had not yet sold 73.22 kilograms of the sick and dead pork.
Result of the treatment: The above-mentioned acts of the three parties, including Kang X, violated the provisions of Article 143 of the Criminal Law of the People's Republic of China and were suspected of constituting the crime of producing and selling food that did not meet food safety standards. On August 11, the Huidong County Market Supervision Bureau transferred the case to the Huidong County Public Security Bureau for investigation.
4. The Mianzhu Municipal Market Supervision Bureau of Deyang City investigated and handled the mianzhu Xingshi food processing factory's production and operation labeling false production date and labeling that did not conform to the provisions of the Food Safety Law
Case Introduction: On June 7, 2021, the Mianzhu Municipal Market Supervision Bureau and the Mianzhu Municipal People's Procuratorate carried out a joint law enforcement inspection. At the Xingshi Food Processing Factory in Mianzhu City, it was found that the production date of the 109 salted duck eggs produced by the factory was June 8, 2021, which was inconsistent with the actual production date, and the food production enterprise, food production license number, product standard, etc. were not marked on the product packaging bag. In addition, it was found that the outer packaging of the 84 pieces of "Village Bar Guy Pickled Pepper Sandwich Eggs" produced by the parties was inconsistent with the manufacturer marked in the inner packaging bag. Through the inspection, it was also found that the factory did not make purchase inspection records, factory inspection records and sales records in accordance with the relevant provisions of the Food Safety Law of the People's Republic of China in the food production and operation activities.
Result of treatment: The party's production of "premature" salted duck eggs violated the provisions of Article 34 (10) of the Food Safety Law of the People's Republic of China and constituted an illegal act of producing food marked with a false date of production. The production address marked by the parties processing "sandwich pickled pepper eggs" on behalf of the parties is inconsistent with the actual production address, which violates the provisions of the first paragraph of Article 71 of the Food Safety Law of the People's Republic of China, and constitutes an illegal act of producing food with false content. The failure of the parties to establish production and sales records violates the provisions of article 50, paragraphs 2 and 51 of the Food Safety Law of the People's Republic of China, and constitutes an illegal act of failing to establish and comply with the purchase inspection records, factory inspection records and sales systems in accordance with the regulations. In accordance with the provisions of Article 124, Paragraph 1, Article 125, Paragraph 1(2), and Article 126, Item 3 of the Food Safety Law of the People's Republic of China, the parties are given an administrative penalty of 55,000 yuan in warnings and fines.
5. Deyang Mianzhu Municipal Market Supervision Bureau investigated and handled the case of Sichuan Mianzhu Tianyun Liquor Co., Ltd. suspected of producing and operating liquor with a content of polluting substances (cyanide) exceeding the limit of food safety standards
Case Introduction: On June 23, 2021, the Mianzhu Municipal Market Supervision Bureau received the "Inspection Report", "Notice of National Food Safety Sampling Inspection Results", "Food Safety Sampling Inspection Time-limited Report Form" issued by Sichuan Food Inspection and Research Institute, which showed that the actual measured value of 16mg/L of the cyanide project of barnyard liquor (in terms of HCN) produced and operated by Tianyun Liquor Co., Ltd. with a production date of March 12, 2021 was not in line with GB 257-2012. National Standard for Food Safety Distilled Spirits and Their Formulated Wines" standard indicators ≤ the requirements of 8.0mg/L; the actual measured value of the cyanide (in terms of HCN) project of barnyard wine with a production date of September 23, 2020 of 17mg/L does not meet the requirements of GB 257-2012 "National Standard for Food Safety Distilled Liquor and Its Formulated Wine" ≤ 8.0mg/L, and the inspection conclusions are unqualified. After the on-site inspection of the Mianzhu Municipal Market Supervision Bureau, it was found that the above two batches of products had been sold without inventory, and after investigation, the parties produced a total of 30 boxes of barnyard wine and 180 bottles, and produced 20 boxes of barnyard wine and 120 bottles, with a total value of 1440 yuan and illegal gains of 210 yuan. The parties recalled 58 bottles of sold products and carried out harmless destruction under the on-site supervision of law enforcement personnel.
Result of treatment: The act of liquor with a content of polluting substances (cyanide) in the barnyard liquor produced and operated by the parties exceeded the limit of food safety standards violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China, and constituted an illegal act of producing and operating food with a content of polluting substances exceeding the limit of food safety standards. The act of purchasing raw materials and failing to establish and comply with the purchase inspection records in accordance with the regulations violates the provisions of the second paragraph of Article 50 of the Food Safety Law of the People's Republic of China, and constitutes the illegal act of failing to establish and comply with the purchase inspection records in accordance with the regulations. In accordance with the provisions of item (1) of the first paragraph of Article 124 of the Food Safety Law of the People's Republic of China, the Mianzhu Municipal Market Supervision Bureau ordered the parties to immediately correct the illegal acts and the parties made administrative penalties of 1. confiscating the illegal gains of 210 yuan and fining 51,000 yuan for the illegal acts of the parties involved in the production and operation of food containing pollutants (cyanide) exceeding the limit of food safety standards. In accordance with the provisions of item (3) of the first paragraph of article 126 of the Food Safety Law of the People's Republic of China, the Mianzhu Municipal Market Supervision Bureau ordered the parties to immediately correct the illegal acts and issued an administrative penalty of warning to the parties.
6. The anyue County Market Supervision and Administration Bureau of Ziyang City investigated and handled the case of Anyue County Shengfa Liquefied Gas Supply Co., Ltd. selling unqualified liquefied petroleum gas
Case Introduction: On June 18, 2021, the Anyue County Market Supervision Bureau conducted sampling inspection and inspection of the liquefied petroleum gas in the No. 1 and No. 2 gas storage tanks of Anyue Shengfa Liquefied Gas Supply Co., Ltd.; after inspection by the Mianyang Municipal Product Quality Supervision and Inspection Institute, the liquefied petroleum gas in the two gas storage tanks of the company's No. 1-2 were unqualified and contained dimethyl ether. From June 23 to 24, the Anyue County Market Supervision Bureau once again sampled 11 batches of liquefied petroleum gas used by the company's No. 1-5 gas tanks, the company's Zhouli branch's No. 1-2 gas tanks, the company's two liquefied petroleum gas business departments, and two ordinary residents; after inspection by Chengdu Product Quality Inspection and Research Institute Co., Ltd., a total of 7 batches of liquefied petroleum gas used by the company's No. 1-5 gas storage tanks, 1 liquefied petroleum gas business department, and 1 ordinary resident were unqualified, and all contained dimethyl ether. The sampling base of the above unqualified liquefied petroleum gas products totaled 60 tons, and the value of the goods was 540,000 yuan.
Result of the treatment: The party's sale of unqualified liquefied petroleum gas mixed with dimethyl ether violated the provisions of the second paragraph of Article 13 and Article 39 of the Product Quality Law of the People's Republic of China, and the company sold unqualified liquefied petroleum gas with a value of more than 150,000 yuan, which was suspected of constituting the crime of selling counterfeit and shoddy products. In accordance with Article 3 of the Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs and Article 17 of the Provisions on Administrative Punishment Procedures for Market Supervision and Management, the Anyue County Market Supervision Bureau has transferred the case to the Anyue County Public Security Bureau for filing and investigation.
7. Deyang Municipal Market Supervision and Administration Bureau investigated and handled a case of a cylinder co., LTD. that did not conduct gas cylinder inspection and the responsible person in accordance with the requirements of safety technical specifications
Case Introduction: On August 6, 2021, the special equipment safety inspectors of the Provincial Market Supervision Bureau and the Deyang Municipal Market Supervision Bureau inspected the cylinder inspection of a cylinder company in Guanghan and found that the parties had problems such as the liquefied petroleum gas cylinder valve effect testing platform was not activated, the bottle valve air tightness inspection was not carried out according to the requirements of safety technical specifications, and there was no safety assessment record of the cylinder beyond the design service life. On August 13, the Deyang Municipal Market Supervision Bureau opened an investigation into the company. After investigation, from July 25 to August 6, 2021, the parties inspected a total of 1357 cylinders and did not conduct a bottle valve air tightness test; from June 7 to August 5, the parties only conducted regular inspection and assessment records, and did not carry out safety assessment records. From August 13 to August 22, the parties recalled the cylinders that had not undergone the bottle valve air tightness test and conducted the bottle valve air tightness test.
Processing result: The party's failure to conduct gas cylinder inspection in accordance with the "Gas Cylinder Safety Technical Regulations" (TSG23-2021) violated the provisions of the first paragraph of Article 52 of the "Special Equipment Safety Law of the People's Republic of China", and according to the provisions of article 93, paragraph 1, item (2) of the "Special Equipment Safety Law of the People's Republic of China", the Deyang Municipal Market Supervision Bureau ordered the parties to stop the gas cylinder inspection in accordance with the requirements of the technical specifications, fined the parties 100,000 yuan, and fined the person in charge of the company 20,000 yuan.
8. Chengdu Jinniu District Market Supervision Bureau investigated and handled the Jinniu District Fabo Building Materials Business Department (Zhang Invention) sales of wire and cables with certification marks
Case Introduction: On June 11, 2021, the law enforcement personnel of the Jinniu District Market Supervision Bureau of Chengdu inspected the Fabo Building Materials Business Department of Jinniu District, and found that the wires and cables of multiple specifications of the "Rongxin Sandian CCC Implementation Standard JB8735.2-1998 Model YCW Rated Voltage 450/750V" sold by the business department could not provide CCC certification certificates. After investigation: the parties purchased cables, certification marks and pasted their own logos and outer packaging from door-to-door sales individuals, and their sales logos were "Rongxin Sandian CCC implementation standard JB8735.2-1998 model YCW rated voltage 450/750V logo Of the cables are products that fraudulently use the factory name of others and the certification mark." The parties sold a total of 50 circles, with a total profit of 2589 yuan, the value of the products involved in the case was 30016 yuan, and the illegal income was 2589 yuan.
Result of the treatment: The party's act of selling wires and cables that fraudulently use other people's factory names, factory sites, and certification marks violates the provisions of Article 38 of the Product Quality Law of the People's Republic of China. According to the provisions of Article 53 of the Product Quality Law of the People's Republic of China, the following administrative penalties are imposed: 1. Confiscation of the products involved in the case 8 circles;
2. Confiscate 2589 yuan of illegal gains; 3, fine of 20000 yuan.
9. The Guangyuan Municipal Market Supervision and Administration Bureau investigated and handled the case of a property limited liability company in Guangyuan that failed to pass the inspection
Case Introduction: On January 13, 2021, the Guangyuan Municipal Market Supervision Bureau conducted an on-site inspection of the elevator in a commercial and residential community in Wanyuan, Lizhou District, and found that three elevators in the community were still in use after failing the regular inspection in 2017. The reasons for the unqualified three elevators are "unable to reach the rescue site when trapped people, there are serious safety hazards"; on June 14, 2019, the Market Supervision and Administration Bureau of Lizhou District of Guangyuan City issued the "Special Equipment Safety Supervision Instruction" to the parties, which required the company to "1, three elevators that failed to pass the inspection (71#, 72#, 73#) immediately stop using, 2, three elevators can be used after passing the inspection of the special equipment inspection agency", but the parties did not stop the elevator for rectification because the rectification difficulty was too large. The law enforcement personnel of the Guangyuan Municipal Market Supervision Bureau continued to use it during on-site inspections.
Processing result: The parties used the elevator that failed to pass the inspection, which violated the provisions of article 40, paragraph 3 of the Special Equipment Safety Law of the People's Republic of China, and according to the provisions of article 84 (1) of the Special Equipment Safety Law of the People's Republic of China, the Guangyuan Municipal Market Supervision Bureau ordered the parties to immediately stop using the elevators that failed to pass the inspection in Building A4, A4, area, and only after passing the inspection could they be put into use, and fined the parties 219,000 yuan.
10. The Chengdu Municipal Market Supervision and Administration Bureau investigated and handled the "Sanxingdui" trademark case in which the Chengdu Naomi Trademark Office illegally represented the "Sanxingdui"
Case Introduction: On April 22, 2021, the law enforcement personnel of the Chengdu and Deyang Market Supervision and Administration Bureau jointly took action to inspect the "Chengdu Naomi Trademark Office" and found that the "Chengdu Naomi Trademark Office" and the "Shudao Liquor Business Department of Xindu District" signed the "Trademark Agency Power of Attorney" on March 22, 2021, and applied for the registration of the "Sanxingdui" trademark in categories 3, 4, 6, 8, 11, 12, 14, 15, 16 and 19 of the "Table of Distinctions between Similar Goods and Services". It was found that on March 22, 2021, the Shudao Liquor Business Department of Xindu District submitted to the parties an application for the trademark "Sanxingdui" in categories 3, 4, 6, 8, 11, 12, 14, 15, 16 and 19 of the Classification Table of Similar Goods and Services, and after review by the parties, signed a "Letter of Authorization for Trademark Agency" with the Shudao Liquor Business Department of Xindu District, and the parties submitted a trademark application to the State Intellectual Property Office. Article 4 of the Trademark Law clearly stipulates that "where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration if it is necessary to obtain the exclusive right to use the trademark for its goods or services in the course of production and business activities." An application for registration of a trademark in bad faith that is not intended for use shall be rejected." The business department did not apply for a trademark because of the reasonable needs of the production of its goods and market operations, and lacked the true intention to use it. The investor of the parties and the operator of the Shudao Liquor Business Department in Xindu District are the same person, and the parties are appointed to register the trademarks of "Sanxingdui" as their agents in the case of knowing that the business department does not apply for the registration of the "Sanxingdui" trademark in bad faith for the purpose of use.
Result: According to article 68 of the Trademark Law of the People's Republic of China, the Chengdu Municipal Market Supervision and Administration Bureau ordered the parties to make corrections within a time limit and punished the parties as follows: 1. Warning; 2. Fines of 40,000 yuan. The directly responsible supervisor Zeng Dexian was punished as follows: 1. Warning; 2. Fine of 20,000 yuan.
11. Luzhou Huili Property Management Co., Ltd. electricity price violation case investigated and handled by the Market Supervision and Administration Bureau of Jiangyang District of Luzhou City
Case Introduction: On January 20, 2021, the law enforcement personnel of the Jiangyang District Market Supervision Bureau found that Luzhou Huili Property Management Co., Ltd. was suspected of not implementing the government's guidance price and the government's pricing to collect electricity charges from the end users of the transfer power supply. After investigation: The parties concerned have been responsible for the property management services of Nanyang Garden Community since 2015. The community involves commercial electricity, and the electricity user registered in the State Grid Sichuan Electric Power Company Luzhou Power Supply Company (hereinafter referred to as Luzhou Power Supply Company) is named "Luzhou Huili Property Management Co., Ltd.", and 6 total electricity meters are set up, and the parties concerned pay monthly fees according to the degree of the total table and the government guidance price. In addition, end-user sub-tables are set up in each commercial operator, and the parties concerned read the meters and collect electricity bills every month. From January 2019 to December 2020, the total meter reading capacity of the six meters totaled 3383397 kWh, and the total electricity bill paid was 2426103.37 yuan, and the average electricity price was 0.7171 yuan / kWh. The parties charged electricity charges to the end users at a price ranging from 0.96-1.15 yuan per kWh, and because the parties could not provide accurate and complete end-user meter reading data, after verification that there was no pooled electricity, after deducting 6% of the electricity loss [Notice of the Provincial Development and Reform Commission on Further Clarifying the Issues Related to the Electricity Price Policy in the Transfer of Power Supply Links" (Chuanfa Reform Price [2021] No. 422)], the total illegal fees were 939894.79 yuan. On June 28, 2021, the parties announced the refund and intended to refund the illegal fees collected by the merchant.
Result of the penalty: The act of collecting electricity charges at an additional price violates the provisions of the first paragraph of Article 44 of the Electricity Law of the People's Republic of China. According to Article 66 of the Electricity Law of the People's Republic of China, the penalties imposed on the parties are as follows: 1. Warning; 2. Fine: RMB 470,000.