The Shaanxi Provincial Market Supervision and Administration Bureau announced the ten typical cases of the "Iron Fist" action in the field of people's livelihood

Since the launch of the "Iron Fist" action to investigate and handle cases in the field of people's livelihood, the market supervision departments at all levels in our province have deeply combined the practical activities of "I do practical things for the masses", focused on solving the problem of "urgency, difficulty, sorrow, and hope" of the masses in the field of people's livelihood, regarded the investigation and handling of cases as the main line of the entire action, strictly investigated and dealt with major and important cases with major deterrent power, and strived to achieve the law enforcement effect of "investigating and handling a case, warning a piece, and deterring several years, so that market supervision can really grow teeth and let lawbreakers pay the price", effectively deterring illegal and criminal acts. It has effectively created a safe and secure consumption environment and continuously improved the satisfaction and sense of gain of the people.

The first batch of typical cases since the launch of the "Iron Fist" campaign to investigate and handle cases in the field of people's livelihood in the province are hereby announced.

Case 1 Shaanxi Yiwu Mall property electricity price arbitrary charging case

The Xi'an Municipal Market Supervision and Administration Bureau investigated and dealt with the illegal act of Shaanxi Yiwu Mall Property Management Co., Ltd. in the case of failing to reduce the electricity price in accordance with the national policy, and imposed an administrative penalty of a fine of 560,000 yuan in accordance with the law.

After investigation, when the parties collected general industrial and commercial electricity charges from August 1, 2018 to December 22, 2020, they did not reduce the electricity price in accordance with the national policy, resulting in the end user overpaying the price for a total of 560,743.324 yuan. Its conduct falls under the circumstances of Item 2 of Article 9 of the Provisions on Administrative Punishment for Price Violations that "is higher or lower than the price set by the government", constituting an illegal act of not implementing government pricing. In the course of accepting the investigation by the market supervision department, the parties actively cooperate, truthfully provide relevant information, and take the initiative to refund the overcharged electricity price, and in accordance with article 10 of the Rules for the Application of the Discretionary Power of Administrative Punishment of the Shaanxi Provincial Market Supervision and Administration Bureau, "in any of the following circumstances, the administrative punishment may be mitigated or mitigated in accordance with law: (1) Actively cooperate with the market supervision department's investigation, truthfully explain the illegal facts and take the initiative to provide evidentiary materials", the parties shall be given a lighter punishment. According to Article 9 of the Provisions on Administrative Penalties for Price Violations: "If a business operator fails to implement the government's guidance price or government pricing, and commits any of the following acts, he shall be ordered to make corrections, confiscate the illegal gains, and be fined not more than 5 times the illegal gains; if there are no illegal gains, he shall be fined between 50,000 and 500,000 yuan, and if the circumstances are more serious, he shall be fined between 500,000 and 2 million yuan; if the circumstances are serious, he shall be ordered to suspend business for rectification", the Xi'an Municipal Market Supervision and Administration Bureau decided to impose an administrative penalty of 560,000 yuan on the parties concerned.

Case 2 Cao X selling unqualified products for apple fruit paper bags

For the illegal act of Cao Moumou's distribution of unqualified "apple fruit paper bags", the Changwu County Market Supervision and Administration Bureau made administrative penalties according to law: 1, a fine of 26355 yuan; 2, confiscation of illegal income of 2645 yuan; 3, confiscation of a box of unqualified fruit bags; 4, recall of unqualified fruit bags.

After investigation, on March 24, 2021, the Xianyang Municipal Market Supervision Bureau inspected the agricultural materials market in Jujia Street, Changwu County, and extracted the "apple fruit fruit paper bag" distributed by the parties, the registered trademark of which was "jingguo", the specification was 180X150, and the production date batch number: November 13, 2019, a total of 350 boxes, the production unit: Shaanxi Seiko Technology Co., Ltd. After sampling, the product was inspected by the Xianyang Supervision and Inspection Institute, and the product quality was comprehensively judged to be unqualified. Subsequently, on May 12, 2021, the case was transferred to the Changwu County Market Supervision and Administration Bureau for investigation.

Law enforcement officials found that on March 13, 2021, the parties purchased 350 boxes of "Jingguo Brand Apple Fruit Paper Bags" from Shaanxi Seiko Technology Co., Ltd., with a total of 3,000 pieces per box, and the purchase price of each box was 97 yuan, worth 350X97.2 = 34,020 yuan, and the actual payment was 34,000 yuan. The sales price is 105 yuan per box, 349 boxes have been sold, and 1 box remains in stock. After the batch of "apple fruit paper bags" was inspected by the Xianyang Municipal Supervision and Inspection Institute, the operator admitted that the batch of fruit bags was unqualified. The above-mentioned acts of the parties violated Article 39 of the Product Quality Law of the People's Republic of China: Sellers selling products shall not be adulterated or adulterated, shall not be false as genuine or shoddy, and shall not be passed off as qualified products with unqualified products. In accordance with the provisions of Article 50 of the Product Quality Law of the People's Republic of China, the Changwu County Market Supervision and Administration Bureau decided to impose the following administrative penalties on the parties: 1. Fined 26355 yuan; 2. Confiscated illegal income of 2645 yuan; 3. Confiscated a box of unqualified fruit bags; 4. Recalled unqualified fruit bags.

Case 3 Illegal advertising case in the real estate field using a woman's bare back as a carrier

Xi'an Fengjiarui Real Estate Co., Ltd. entrusted Shaanxi Zhongdao Huaying Real Estate Marketing Planning Co., Ltd. to organize marketing publicity activities, in which the company's use of women's naked backs to display housing floor plans and other commodity information is suspected of violating the relevant provisions of the Advertising Law. The Xi'an Municipal Bureau of Market Supervision and Administration has successively filed and investigated the two enterprises involved.

After investigation, Xi'an Fengjiarui Real Estate Company entrusted Shaanxi Zhongdao Huaying Real Estate Marketing Planning Company to be responsible for its marketing planning in its real estate project. On March 18, 2021, the marketing planning company used the naked back of female models as the carrier to paint the orientation, area and internal structure of the real estate project products as advertisements in its marketing planning activities. The property company was present throughout the day of the event and did not stop the advertising. The activity was stopped by the housing department on the same day due to the exposure of self-media, and the market supervision department also intervened in the investigation for the first time.

The settlement amount and method agreed upon in the contract between the two parties are 5% of the purchase price of the channel customer after the purchase of the house. Because the project has not yet been sold, the two parties have not made a special agreement on this activity and have not seen the relevant agreement, and all the costs of this activity are borne by the marketing planning company, and the specific advertising costs cannot be calculated. In this case, the property company was the advertiser of the body painting model advertisement, and the marketing planning company was the advertising operator and advertiser. Law enforcement officers investigate the illegal acts of the real estate company and the marketing planning company together. The above-mentioned acts of the two companies violate the requirements of the "Outline for the Implementation of the Construction of Civic Ethics" that all types of commercial advertisements should pay attention to cultural and artistic tastes, and must not appear content that is harmful to morality and morals; it violates the provisions of the "Notice of the Ministry of Culture, the Ministry of Public Security, and the State Administration for Industry and Commerce on Stopping Nude Body Painting Performance Activities in Public Gathering Places" on prohibiting any unit or individual from publishing advertisements in the form of naked, semi-nude, three-point dress and other forms of human body as the media. According to the key tasks of the State Administration for Market Regulation's "Implementation Plan for centralized rectification of illegal commercial marketing publicity", "(3) Investigate and deal with vulgar, vulgar, and kitsch commercial marketing publicity acts in accordance with the law. It is strictly forbidden to spoof the classics, vicious marketing, challenge public order and good customs and other marketing publicity behaviors. "The requirements are the content of key rectification. The advertisement was widely disseminated through the Internet platform and television and other related media, which caused a serious negative impact on society.

The above-mentioned acts violate article 3 of the Advertising Law of the People's Republic of China, which stipulates that "advertisements shall be truthful and lawful, express the content of advertisements in a healthy form of expression, and conform to the requirements of building socialist spiritual civilization and carrying forward the excellent traditional culture of the Chinese nation", and article 9 "Advertisements must not have the following circumstances (7) obstructing social public order or violating good social customs", constituting the publication of illegal advertisements.

Pursuant to the first item of Article 57 of the Advertising Law of the People's Republic of China, the Xi'an Municipal Market Supervision and Administration Bureau ordered the parties concerned to stop publishing advertisements and imposed an administrative penalty of RMB750,000 on the two companies respectively.

Case 4 Yang Moumou's dried and fresh aquatic products shop sells imported meat without quarantine

The Ankang Municipal Market Supervision and Administration Bureau imposed administrative penalties on Yang Moumou's dry and fresh aquatic products shop for selling imported meat without quarantine in accordance with the law: 1. confiscated 40 cases of tripe; 2. Fined 544,300 yuan.

After investigation, on January 6, 2021, the parties purchased 40 pieces of tripe involved in the case from Wang Mou in Zhengzhou, Henan Province, and transported them to Ankang through a special cold chain vehicle. On January 9, 2021, during the inspection of the Ankang Market Supervision Bureau, it was found that there were 33 pieces of frozen imported tripe (weighing 12 kg/piece) with no Chinese logo and no inspection and quarantine certificate in the cold storage of Yang Moumou's store, which were sealed according to law. Translated, the meat was produced in Argentina. At the end of the inspection, the parties sold a total of 7 pieces. On January 12, 2021, the parties recalled all the goods sold. Through further investigation, the law enforcement personnel could not provide the relevant documents such as the purchase receipt of the imported frozen tripe involved in the case, the meat inspection and quarantine certificate, etc., purchased 480 kg of frozen tripe imported without quarantine, sold 84 kg, and voluntarily recalled 84 kg, the value of the goods involved in the case was 31080.00 yuan, there was no illegal income, and its behavior violated the provisions of Article 34, Item 8 of the Food Safety Law of the People's Republic of China. In accordance with the provisions of the first paragraph of Article 123 of the Food Safety Law of the People's Republic of China, the Ankang Municipal Market Supervision and Administration Bureau decided to give: 1. confiscation of 40 cases of tripe; 2. Fine of 544,300 yuan.

Case 5 Shaanxi Yungu Qingsen Food Technology Co., Ltd. uses food additives (lemon yellow) to produce and sell tofu skin cases beyond the scope

The Yangling Demonstration Zone Market Supervision and Administration Bureau investigated and dealt with the illegal acts of Shaanxi Yungu Qingsen Food Technology Co., Ltd. in the production and sale of tofu skins beyond the scope of food additives (lemon yellow), and imposed administrative penalties in accordance with the law: 1. Fined 20,000 yuan; 2. Confiscated illegal gains of 2,000 yuan.

After investigation, on November 3, 2020, the parties used food additives (lemon yellow) in excess of the scope of the production process of tofu skin. On the same day, a total of 250kg of tofu skin was produced and sold, with a total value of 2,000 yuan. After the Yangling Demonstration Area Market Supervision and Administration Bureau entrusted Shaanxi Keyi Sunshine Detection Technology Service Co., Ltd. to conduct a sampling inspection of the tofu skin produced and sold by the company on the same day, the results showed that the tofu skin lemon yellow project produced and operated did not meet the requirements of the GB 2760-2014 standard, and the inspection conclusion was unqualified. The parties recalled the above-mentioned unqualified tofu skins, but the final recall quantity was zero.

The parties' act of using food additives (lemon yellow) in excess of the scope of the production process of tofu skin violated Article 12 of the Regulations on the Administration of Small Food Workshops and Vendors in Shaanxi Province, which stipulates that "small food workshops, small catering and food vendors shall comply with national regulations and food safety standards in the production and operation of food, and comply with the following provisions: (8) The prohibitive provisions of Article 34 of the Food Safety Law of the People's Republic of China" and Article 34 of the Food Safety Law of the People's Republic of China "Prohibit the production and operation of the following foods, Food additives, food-related products: (4) beyond the scope, beyond the limit of the use of food additives of food;

In view of the parties actively cooperating with the investigation, taking the initiative to provide evidentiary materials, and recalling unqualified products in a timely manner, it was decided to impose a lighter punishment on the parties. According to Article 23 of the Administrative Punishment Law of the People's Republic of China, "When an administrative organ imposes an administrative punishment, it shall order the parties concerned to make corrections or correct the illegal conduct within a time limit." And the second paragraph of article 47 of the Regulations on the Administration of Small Food Workshops and Street Vendors in Shaanxi Province: "In violation of the provisions of items (7) and (8) of Article 12 of these Regulations, the Yangling Demonstration Area Market Supervision and Administration Bureau decided: 1. Order the parties to correct the illegal behavior; 2. Fine 20,000 yuan; 3. Confiscate the illegal gains of 2,000 yuan."

Case 6 Du X used food additives beyond the scope of production and operation of food case

On May 9, 2021, the Yan'an Municipal Market Supervision and Administration Bureau investigated and dealt with the illegal use of the food additive alum in the skin jelly processing shop of Du Mou in Baota District, because the parties were suspected of violating the law and constituting a crime, and the market supervision department has transferred the case to the public security organs.

On May 9, 2021, when the Yan'an Municipal Market Supervision and Administration Bureau inspected, it was found that the skin jelly processing shop in Du Moumou, Baota District, illegally used the food additive alum in the skin jelly, and the test personnel conducted on-site sampling tests on the finished skin jelly, and the test results were positive. Law enforcement personnel on the spot suspected of illegal production of products and equipment in strict accordance with legal procedures to seal and seize, at the same time, law enforcement personnel on the seized products separately took samples, and sent to a third-party testing agency for further detailed testing. The test results of the test report on May 17, 2021 showed that the residual amount of aluminum in the jelly sample was 248mg/kg. In the "2760-2014 National Standard for Food Safety" issued by the National Health and Family Planning Commission, the scope of food used in alum is bean products, batter, fried food, shrimp flavored products, baked foods, and pickled aquatic products. In the catalogue of production licenses of small workshops in Shaanxi Province, the food category of the skin jelly belongs to meat products, and the above-mentioned acts of the store violate the provisions of article 34, paragraph 1, item 4 of the Food Safety Law of the People's Republic of China. At present, the illegal acts of the parties are suspected of constituting illegal crimes, and the cases have been transferred to the public security organs in accordance with the law.

Case Seven Baoji Xinyuankang Biotechnology Co., Ltd

Distribution of gel candy and solid beverages that do not comply with the provisions of the Food Safety Law

The Baoji Municipal Market Supervision and Administration Bureau investigated and dealt with a case of illegal acts in which the product labels sold by Baoji Xinyuankang Biotechnology Co., Ltd. did not conform to the provisions of the Food Safety Law, and imposed administrative penalties on them according to law: 1. Confiscation of illegal gains of 6375 yuan; 2. Fines of 24000 yuan.

After investigation, from May 2020 to January 2021, Baoji Xinyuankang Biotechnology Co., Ltd. has purchased 10 boxes of 120 capsules of Ai Cong Bao October Xin Pregnant Woman Nutrition dalolenic Acid DHA Algal Oil Gel Candy (Sugar-free Type) from Buyuantang Biotechnology Co., Ltd.; Specifications for 60 pieces of Ai Cong Bao October Xin pregnant women nutrition ɑ linolenic acid DHA algal oil gel candy (sugar-free type) 15 boxes; specifications of 5g× 18 bags of buxue granules solid drink 15 boxes. Subsequently, the above products were sold, with a total sales amount of 6375 yuan.

After further investigation of the products sold by the parties, 1. The implementation standard of gel candy (sugar-free type) is: SB/T 10021-2017 "Candy Gel Candy". The content of the ingredient list is inconsistent with the implementation standard of the product, which violates the third paragraph of Article 71 of the Food Safety Law of the People's Republic of China, which stipulates that "if the food and food additives are inconsistent with the content of their labels and instructions, they shall not be sold on the market". 2. The content of the label of Buxue granular solid beverage does not comply with the mandatory labeling content of GB28050-2011 "National Standard for Food Safety, General Principles for Prepackaged Food Nutrition Labeling", which violates the provisions of Article 67, Paragraph 3 of the Food Safety Law of the People's Republic of China, "Where the National Food Safety Standard has other provisions on labeling matters, follow its provisions". According to the provisions of item (2) of the first paragraph of article 125 of the Food Safety Law of the People's Republic of China, the Baoji Municipal Market Supervision and Administration Bureau imposed administrative penalties on the parties concerned for illegal acts in accordance with the law: 1. Confiscation of illegal gains of 6375 yuan; 2. Fines of 24000 yuan.

Case 8 Nanzheng Sunshine Rain Trading Co., Ltd. Hongshun Shopping Center uses unscathed measuring instruments

On May 30, 2021, the Nanzheng District Market Supervision and Administration Bureau investigated and dealt with the illegal acts of The Hongshun Shopping Center of Nanzheng County Sunshine rain trading co., Ltd. for trade settlement price label scales that were not verified according to law, and imposed administrative penalties on them in accordance with the law: 1. Ordered to stop the illegal acts; 2. Fined 10,000 yuan.

After investigation, on May 30, 2021, the law enforcement personnel of the Nanzheng District Market Supervision and Administration Bureau inspected the Hongshun Shopping Center of Nanzheng County Sunshine Rain Trading Co., Ltd., and the five price label scales (numbers: 23057461, 23056263, 23056232, 23057407, 23057444) used for trade settlement in the shopping center did not provide valid verification certificates. After verification, the above five price tag scales are manufactured by Xiamen Top Electronics Company, the model specification is LSC215 type, 2019, 2020 has not been verified according to law, can not provide measurement verification certificate. According to the provisions of Article 38 of the Regulations on The Supervision and Administration of Metrology of Shaanxi Province, the Nanzheng District Market Supervision and Administration Bureau made an administrative penalty in accordance with the law: 1. Ordered to stop the illegal act; 2. Fined 10,000 yuan.

Case 9 Heyang County Dongxiao Building Materials Company forged waterproof membrane product quality certificate case

The Market Supervision and Administration Bureau of Heyang County, Weinan City, investigated and dealt with the illegal act of forging product quality certificates when Selling Waterproof Membrane Products of Heyang Dongxiao Building Materials Co., Ltd., and imposed administrative penalties on it according to law: 1. Confiscation of illegal gains of 7400 yuan; 2. Fines of 44600 yuan.

On April 8, 2021, the law enforcement personnel of the Heyang County Market Supervision and Administration Bureau found during the inspection that the party, Heyang Dongxiao Building Materials Co., Ltd., forged the product quality certificate when producing and selling waterproof membrane products.

After investigation, the party Heyang Dongxiao Building Materials Co., Ltd. in the establishment of product laboratory, without any test equipment, according to its own production technology experience and the data in the inspection report issued by the previous statutory inspection agency, when selling the company's products Qin Shuai, Qin Yu, Lu Hanyuan waterproof membrane, to the user issued a "product certificate", a copy of the inspection report. The investigation confirmed that the above inspection reports were rewritten by the company with reference to copies of previous inspection reports. On April 8, 2021, when law enforcement officers inspected, they saw that the company produced 105 rolls of Qinyu brand elastomer to asphalt waterproofing membrane; produced 50 rolls of Qin Shuai brand elastomer to asphalt waterproofing membrane; and produced 140 rolls of Luhanyuan brand elastomer to asphalt waterproofing membrane. The company sold all of the above products on April 11, 2021. The production cost of the batch of products is 58350 yuan, the sales price is 65750 yuan, and the illegal income is 7400 yuan.

The above-mentioned acts of the parties violated article 17 of the Regulations on product quality supervision and administration of Shaanxi Province, which stipulates that "it is forbidden to produce and sell the following products: Item (3): Forging or fraudulently using certification marks, famous marks, bar code marks, production license marks, product standard codes, and product quality certificates;" constitutes an illegal act of forging product quality certificates. According to Article 25 of the "Shaanxi Provincial Product Quality Supervision and Administration Regulations," "Whoever forges the place of origin of a product, forges or fraudulently uses the name or address of another person's factory, forges or fraudulently uses a quality mark such as a certification mark, shall be ordered to make corrections, confiscate the illegally produced or sold products, and impose a fine of less than the equivalent value of the goods produced or sold in violation of the law; if there are illegal gains, he shall also be punished with confiscation of the illegal gains; and if the circumstances are serious, the business license shall be revoked." Provisions. The Heyang County Market Supervision and Administration Bureau issued administrative penalties in accordance with the law: 1. Confiscation of illegal gains of 7400 yuan; 2. Fines of 44600 yuan.

Case 10 Zhong X production and sale of fake sesame oil case

On May 29, 2021, the Market Supervision and Administration Bureau of Pingli County, Ankang City, investigated and dealt with the illegal acts of the party Zhong X and his son in the on-site production and sale of fake sesame oil in the bazaar, and the illegal acts of the parties were suspected of constituting the crime of producing and selling food that did not meet safety standards, and the case was transferred to the local public security organ for investigation.

After investigation, on May 29, 2021, Zhong Moumou and his son drove a light ordinary truck from Hanbin District to Laoxian Town, Pingli County, and made and sold sesame oil on the spot in the market market by the river embankment of the market town. The parties purchased barreled soybean oil, sesame oil flavor and cottonseed oil in advance, and mixed the cans in the second row of their cars in the second row of their cars according to the ratio of 100:1:0.5 (which can contain 500 catties). There is an electric pump at the lower end of the tank, and the oil pipeline has been modified to take a dark line from the bottom of the car to the rear edge of the car, and then to the mouth of the sesame oil press placed in the car. When some people buy, first open the sesame oil press, put in the cooked sesame press, when the oil flows out, then open the pump switch, the oil confluence in the iron oil tank and the sesame oil pressed on the spot for mixing and selling, law enforcement personnel seized the oil involved in the case according to law.

After sampling inspection, flavor vanillin and ethyl vanillin were detected from the sesame oil (packaged finished product) produced and sold by the parties. Further investigation and verification show that Mr. Zhong has sold 1400 kilograms of the above oil products since November 2020, priced at 36 yuan / kg. At the scene, 205.71 kilograms of semi-refined oil and 28 kilograms of refined sesame oil were seized, and the value of the above goods totaled 58813.56 yuan.

The parties' conduct in producing food additives and adulterated foods that exceeded the scope of use of food additives and adulterated food violated the provisions of items 4 and 6 of Article 34 of the Food Safety Law of the People's Republic of China, and according to the relevant provisions of several judicial interpretations of the Supreme People's Procuratorate and the Supreme People's Court on handling cases of crimes endangering food safety, the parties were suspected of constituting the crime of producing and selling food that did not meet safety standards. On July 15, 2021, the case-handling agency transferred the case to the Pingli County Public Security Bureau in Ankang City, and on July 16, the public security organ formally filed the case with the party suspected of "producing and selling food that does not meet safety standards".