The State Administration of Market Regulation announced on March 28 that a batch of durian cakes produced by Xiamen Chengying Food Co., Ltd. entrusted by Fujian Carlton Food Co., Ltd. exceeded the standard. In addition, there are 5 batches of products with microbial indicators that are not qualified.
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The total number of colonies in Carlton Foods 1 batch of durian cake exceeded the standard
The circular shows that the total number of colonies sold by Suning Tesco Ariel Food Franchise Store (the operator is Suzhou Ariel Trading Co., Ltd.) in Suning Tesco (website) is nominally produced by Xiamen Chengying Food Co., Ltd. entrusted by Carlton Food Co., Ltd. of Fujian Province, and the total number of colonies does not meet the provisions of the national food safety standards. The inspection institution is the Inspection and Quarantine Technology Center of Ningbo Entry-Exit Inspection and Quarantine Bureau.
The five test results of Carlton durian cake were: 22000 CFU/g, 17000CFU/g, 25000CFU/g, 14000CFU/g, 27000CFU/g. The national standard requirements are: the 5 test results of a sample do not exceed 100000 CFU/g and at least 3 test results do not exceed 10000 CFU/g.
According to the State Administration of Market Regulation, the total number of colonies is an indicative microbial indicator, which is mainly used to evaluate the cleanliness of food and reflect whether the food meets the hygiene requirements during the production process. The reason for the total number of colonies exceeding the standard may be that individual enterprises do not strictly control the sanitary conditions of the production and processing process as required, or the cleaning and disinfection of packaging containers is not in place; it may also be related to the lax sealing of product packaging and improper control of storage and transportation conditions.
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Carlton Foods has been on the black list twice!
It is worth noting that Carlton Foods has also been on the black list because of the total number of bacteria that are not qualified. On October 19, 2018, the sampling information announcement (No. 41) released by the official website of the former Fujian Provincial Food and Drug Administration, in which carlton food was included in the unqualified batch of pastries. The notification shows that the total number of colonies sold by Nanping One Plus One Trading Co., Ltd., which is nominally produced by Fujian Carlton Food Co., Ltd. on June 26, 2018, is unqualified.
In addition, on February 10, 2017, according to the notice released by the official website of the former Henan Provincial Food and Drug Administration, the Danish chanson (specification: bulk weighing, production and purchase date: 2016-08-12) produced by the nominal Longhai Carlton Food Co., Ltd. sold by Liu Youcheng Grain and Oil Store on Greentown Road in Puyang City was 9.5 mg/g, and the standard was specified as ≤5 mg/g. Tested as a non-conforming product.
According to public information, Carlton Foods Co., Ltd. was established in August 2014, the target market positioning is "high-end baking market", with a strategic height to interpret the new brand concept system, and "short-term healthier" as Carlton product and marketing concept. On September 2, 2016, it was officially renamed as Fujian Carlton Food Co., Ltd.
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In addition, 5 batches of products involving microbial index problems
pistachio
Source: Jinjiang METRO Cash & Carry Co., Ltd. Shanghai Minhang Shopping Mall sales of the nominal Shanghai Baiweilin Industrial Co., Ltd. commissioned to Fujian Province Putian Xinghua Food Co., Ltd. production
Problem: Mold does not meet the requirements of national food safety standards
Inspection agency: Nanjing Municipal Institute of Product Quality Supervision and Inspection
Cloud cake
Source: Jingdong China Specialty Huanggang Pavilion (operated by Hubei Farmer E-commerce Co., Ltd.) is produced by hubei meiya food co., ltd., which is sold in Jingdong mall (website).
Problem: Coliform bacteria do not meet the national standards for food safety
Inspection agency: Ningbo Entry-Exit Inspection and Quarantine Bureau Inspection and Quarantine Technology Center
Garlic flavored peas
Source: Jingdong Mall Wugu Boiled Yi Food Franchise Store (the operator is Beijing Xinxin Trading Co., Ltd.) sold in Jingdong Mall (website) is nominally produced by Xiayi Wugu Boiled Yi Food Co., Ltd. in Shangqiu City, Henan Province
Inspection institution: Shandong Institute of Food and Drug Inspection
Mandarin duck sandwich cookies
Source: Taobao Snack Waiting (the operator is Sichuan Shuzhong Sugar Gate Catering Management Co., Ltd.) sold on Taobao .com (website) the nominal Guangdong Province Jiangmen Huasheng Cake Industry Co., Ltd. entrusted to Sichuan Suining Qiaosheng Cake Industry Co., Ltd. production
Problem: The total number of colonies does not meet the requirements of the national standard for food safety
Inspection agency: Hunan Provincial Commodity Quality Supervision and Inspection Institute
Sushi Nori
Source: Jingdong Xiaye Food and Beverage Franchise Store (operated by Shanghai Xiaye Industrial Co., Ltd.) is produced by Haifuxiang Food Co., Ltd. in Lianyungang City, Jiangsu Province, which is sold in Jingdong Mall (website).
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More than just small snacks!
Don't look at the previous batch of problems are small snacks, in fact, many foods, drinks, beauty products have had the total number of colonies exceeded the standard!
In November 2018, Guangzhou Baiyun Food and Drug Administration released the "Guangzhou Baiyun District Cosmetics Sampling Information 2018 (Phase 3)", the third phase of the notice of 49 batches of cosmetics, 1 batch is unqualified, for Guangzhou Weijieshi Cosmetics Co., Ltd. produced KANKOO Han Ge Han Ge water light essence colonies Total number exceeded the standard.
In July 2018, the fresh and wet cut powder (production/processing/purchase date: March 28, 2018) produced by Yuhe Powder Factory in Liujiang County had a total detected value of 4800000 CFU/g and a standard specified value of ≤80000 CFU/g; the detection value of coliform bacteria was >110 MPN/g, and the standard value was ≤2.3 MPN/g; and the inspection agency was Liuzhou Food and Drug Inspection Institute.
In August 2017, the Shanghai Food and Drug Administration reported that the total number of colonies of 1 batch of imported infant formula milk powder exceeded the standard. The importer of this batch of unqualified milk powder is: Beijing TusS Zhiyuan Baby and Child Products Co., Ltd., country of origin: Switzerland, specifications: 900g / can, trademark: Rui leen, production date / batch number: 2016-07-30. In the same sampling inspection, 2 batches of food were also reported to be unqualified, including 1 batch of soy products sold by Wal-Mart Sam's Club and 1 batch of eggs sold by Shanghai Agribusiness Andy Haode Supermarket detected banned veterinary drugs.
In November 2016, the Shanghai Municipal Food and Drug Administration carried out quality supervision and sampling inspection of the production, operation and use of cosmetics in the city, and the Datuan Branch of Shanghai Jiarunduo Supermarket Co., Ltd. was sampled to mark the bamboo fiber cream mask (valid for 2019.03.08) produced by The French Muzi (International) Cosmetics Co., Ltd., and the total number of colonies exceeded the standard.
In February 2016, the inspection and quarantine technology center of Hainan Entry-Exit Inspection and Quarantine Bureau found that the total number of colonies was 340 CFU/ml, exceeding the limit index/standard (≤100 CFU/ml) 240 CFU/ml, so as to determine that the batch of edible ice particles was unqualified.
In September 2015, the State Food and Drug Administration issued the Notice on 65 Batches of Unqualified Food (No. 59 [2015]). Among them, a total of 466 batches of sauce and brine meat products were sampled, and the number of unqualified samples was 6 batches, including Hangzhou's time-honored Wanlong sauce duck, which was produced on April 13, 2015, and the model was 600g/bag. The maximum limit of the national standard is 80,000 CFU/g, but the total number of colonies contained in the sampled sauce duck reached 1600,000 CFU/g, which was a full 20 times higher than the standard.
In August 2015, the Shanghai Municipal Institute of Health and Family Planning Supervision inspected 629 swimming places in the city, and 16 swimming places were of unqualified water quality, of which 7 such as Megfi were seriously suspended due to unqualified total number of colonies or urea exceeding the standard; and 10 swimming places were subject to administrative penalties for lack of licenses, inadequate health management or defective health facilities.
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Total number of colonies and food safety
The total number of colonies is an indicative microbiological indicator, which is mainly used to evaluate the cleanliness of food and reflect whether the food meets hygienic requirements during production. As mentioned above, the total number of colonies exceeding the standard indicates that individual enterprises may not strictly control the sanitary conditions of the production and processing process as required, or the cleaning and disinfection of packaging containers are not in place; it may also be related to the lax sealing of product packaging and improper control of storage and transportation conditions.
If the total number of colonies in the food is seriously exceeded, it will destroy the nutritional composition of the food, accelerate the spoilage of the food, and make the food lose its edible value, which not only brings reputation and economic losses to the production enterprises, but also harms consumers.
The total number of colonies includes pathogenic bacteria and beneficial bacteria, which are mainly harmful to the human body, which will destroy the normal colony environment in the intestine, some of which may be killed in the intestine, some of which will remain in the body to cause diarrhea, damage to the liver and other body organs, and beneficial bacteria include lactic acid bacteria that are often mentioned in yogurt. However, the total number of colonies exceeding the standard also means that the chance of pathogenic bacteria exceeding the standard increases, increasing the chance of endangering human health.
Food in the production, easy to infect microorganisms, because of its rich nutrition, is a good medium for microorganisms, in the temperature, moisture is appropriate, microorganisms will multiply in large quantities, resulting in the total number of colonies exceeding the standard, sensory changes and taste changes and other issues, and shorten the shelf life of the product.
For the problem of excessive colonies, whether it is a large enterprise or a small enterprise, it should strictly control the sanitary conditions of the production and processing process according to the requirements; cleaning and disinfection should be in place; in the sales process, control the storage and transportation conditions, grasp every detail, and ensure consumer food safety.
The Food and Drug Administration and other relevant departments should also continue to take effective measures to increase the supervision and random inspection of health quality, urge enterprises to strictly implement the main responsibility for product quality, and continuously improve the level of product quality.
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How can the total number of colonies exceed the standard be punished?
The total number of food colonies exceeds the standard, and because of the variety of foods involved and the variety of circumstances involved, its characterization and punishment discretion are often hotly discussed. So, how to qualitatively punish the total number of colonies in food that exceeds the standard? This depends on the type of criteria used to determine the total number of colonies that are unqualified, usually including food safety standards, recommended standards, and corporate standards. Below, the explanation is provided on a case-by-case basis.
In the first case, the criterion for determining the total number of unqualified colonies is the food safety standard
According to Article 25 of the Food Safety Law, "Food Safety Standards Are Compulsory Standards" and Article 29 "For local specialty foods, if there is no national standard for food safety, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may designate and publish local standards for food safety", the "food safety standards" here are mandatory standards, including not only a series of mandatory national standards formulated by the state beginning with "GB", such as: GB19298-2014 National Standards for Food Safety Packaged Drinking Water also include local standards that are explicitly enforced beginning with "DB", such as: Local Standards for Food Safety Collective Meal Distribution (DB31/2023-2014); and mandatory provisions of certain local standards.
At this time, it can be characterized as a violation of Article 34 (13) of the Food Safety Law" that "others do not conform to ... Food safety standards for food" shall be punished in accordance with the second paragraph of Article 124 of the Food Safety Law.
The second case: the determination criterion for the total number of unqualified colonies is the recommended standard, but the product meets the food safety standard
Food-related recommended standards include national recommended standards (beginning with GB/T), industry standards (beginning with NY/T, QB/T, SB/T, LS/T, etc.), local standards (starting with DB/T), etc., usually with the word "/T". Although such standards are not mandatory food safety standards, they also limit the total number of food colonies and other indicators that affect food safety to ensure that food has no safety hazards. As a special law, the Food Safety Law does not have clear penalties for acts that do not meet the recommended standards, and law enforcement personnel need to choose an appropriate basis for punishment and impose certain penalties on the producers of problem foods.
In this case, it can be referred to article 2 of the "Guiding Opinions on the Handling of Food-related Cases of Beijing Municipal Bureau (I)" in "On the Handling of Unqualified Cases of Sampling Inspection", "there are food safety standards, but the product labeling implementation standards are enterprise standards or recommended standards, and the food inspection agency inspects the implementation standards that meet the food safety standards but does not meet the product labeling, which should be characterized as the label and instructions of the food contain false content, violating the provisions of the first and third paragraphs of Article 71 of the Food Safety Law." Where the circumstances meet the requirements of subparagraph (2) of the first paragraph of Article 125, the punishment shall be carried out in accordance with the provisions of the first paragraph of Article 125. At this time, such normative documents can be referred to, which are characterized as violations of the relevant provisions of the labeling requirements of the first and third paragraphs of Article 71 of the Food Safety Law, and according to the first paragraph of Article 125 of the Food Safety Law, "(2) Production and operation of labels ... Food that does not comply with the provisions of this Law" shall be punished.
There is also a view that in such a case, according to Article 49 of the Product Quality Law, "If a product is produced or sold that does not meet the national standards or industry standards for protecting human health and personal and property safety, it shall be ordered to stop production and sale, confiscate the illegally produced and sold products, and impose a fine of not more than three times the equivalent value of the illegally produced and sold products (including products sold and unsold, the same below); Where a crime is constituted, criminal responsibility shall be pursued in accordance with law" shall be given an administrative punishment. Since the Food Safety Law is a lex specialis, this method should be preferred if the food inspection is unqualified. As an existing and effective law, the Product Quality Law may also be applied in cases where specific law enforcement departments determine that it is the basis for law enforcement.
This requires law enforcement personnel to use a considerable range of punishment in accordance with the discretionary rules stipulated in the Administrative Punishment Law, combined with the facts, nature, circumstances and degree of social harm of the illegal act, and punish the illegal act while ensuring efficient law enforcement.
The third case: the determination criterion for the total number of colonies is the enterprise standard, but the product meets the food safety standard
Food production enterprises to develop enterprise standards, the first reason is that the raw materials, processes or product types used are relatively special, so the enterprise standards that are different from similar food standards have been formulated, and the total number of colonies and other index requirements are more than the food safety standards; the second reason is that in order to improve product quality, technical requirements higher than food safety standards have been formulated, just as the food safety standards for food-like foods stipulate that the total number of colonies is "≤10000CFU/g", and the enterprise standards stipulate "≤1000CFU/g". At this time, the total number of colonies tested for 2000 CFU/g also belongs to the situation of "the product meets the food safety standards, but does not meet the enterprise standards".
If food meets the requirements of food safety standards but does not meet the enterprise standards as a "letter of commitment to quality", reference can be made to Article 188 of the Regulations for the Implementation of the Food Safety Law (Revised Draft for Review) "Where food produced and traded by food producers and traders meets the national or local standards for food safety, but does not meet the marked enterprise standards, the food and drug supervision and administration department shall order corrections and give a warning; if it refuses to make corrections, it shall be fined not more than 2,000 yuan...", Article 2 of the Guiding Opinions on the Handling of Food-related Cases of the Beijing Municipal Bureau (I) stipulates that "if there is no food safety standard, the implementation standard of product labeling is an enterprise standard, and if it is inspected by a food inspection agency that does not meet the recommended standards, administrative guidance shall be given", and the relevant units of the first offender are ordered to make corrections to show vigilance.
In summary, how to characterize and punish the total number of food colonies exceeding the standard depends on the type of standard used to determine the unqualified "total number of colonies" item. The types of food standards show to some extent the risk levels of different food categories. Distinguishing between different types of standards can further distinguish the degree of risk of the total number of colonies exceeding the standard, thereby defining the level of safety hazards for the consumption of the unqualified food.
This method is conducive to law enforcement personnel to simply and clearly distinguish the nature and degree of harm of illegal acts at different levels, and to make more reasonable qualitative punishment discretions. When sampling unqualified food to verify and dispose of, it is often encountered that the judgment standard is not a food safety standard, and at this time, the above principles can be used for characterization and punishment.