The three departments released 15 typical cases of food and medicine, involving brewing skin plus boric acid, production of waste oils and fats, etc

On February 19, the Supreme People's Procuratorate, the State Administration for Market Regulation and the State Drug Administration jointly released 15 typical cases of special actions to implement the "four strictest" requirements for food and drug safety. These include slimming coffee with prohibited substances, counterfeit Quanjude roast duck, online ordering platforms not fulfilling their responsibilities, "beta ammonia" solid beverages passing off as special medical milk powder, adding boric acid to brewing skins, and producing and selling waste oils and fats.

Shanghai Heyi Food Labeling False Production Date Case

In August 2019, the Shanghai Songjiang District Market Supervision and Administration Bureau received a report that Shanghai Heyi Food Co., Ltd. was suspected of tampering with the date of production of the product. On August 7, 2019, law enforcement officers found that practitioners were using rags and inkjet cleaners to wipe the production date on cheese sausages in the outer packaging room of the enterprise: 2019/4/17, and at the same time re-coding with the inkjet printer, the inkjet printer word was displayed as 2019/08/07A1, and the font and font size of the two were exactly the same.

After investigation, in order to extend the sales period of products, Shanghai Heyi Food Co., Ltd. has tampered with the production date of the backlog of near-shelf life and expired "cheese sausages" and other products from August 1, 2019, and as of the time of the case, a total of 1487 bags of cheese sausages, 3757 packages of German-style classic sausages, 441 packages of German-style Thuringen sausages, 698 packages of German-style Nuremberg sausages, with a value of 177081 yuan, have been sold 54 packages of German-style classic sausages with tampered production dates.

After the incident, Shanghai Heyi Food Co., Ltd. recalled all 54 packages of German-style classic fried sausages that had been sold from the factory. The Songjiang District Market Supervision Bureau revoked the enterprise's food production license in accordance with the law, confiscated the illegally produced products, tools, equipment, etc., and imposed a fine of 3.01 million yuan.

Shanghai Lazars Information Technology Co., Ltd. Jinan Branch failed to fulfill its platform responsibilities

In June 2020, when the Jinan Municipal Market Supervision and Administration Bureau of Shandong Province monitored and captured abnormal data on the third-party platform for online ordering through the Internet and big data, it was found that two online catering businesses on the "Hungry Mo" ordering platform, Cao Mou (Jinan Huaiyin Xinyi Fast Food Restaurant) and Wang Mou (Xiangdangdang Fast Food Restaurant in Changqing District, Jinan), were suspected of illegal acts such as not obtaining food business licenses and not publishing relevant information. Law enforcement officers immediately conducted an on-site inspection of the Jinan branch of Shanghai Lazars Information Technology Co., Ltd., the business entity of "Ele.me", but no relevant information about the two stores was found on the "Ele.me" platform.

After investigation, Cao did not obtain a food business license, Wang obtained a food business license on October 16, 2016, with a quantitative grading of B grade; Shanghai Lazas Information Technology Co., Ltd. Jinan Branch did not strictly perform the responsibilities of the platform, did not review Cao's food business license, and did not publicize Wang's food business license and quantitative grading information. After comprehensive discretion, the Jinan Municipal Market Supervision and Administration Bureau imposed an administrative penalty of a fine of 230,000 yuan on the Jinan branch of Shanghai Lazars Information Technology Co., Ltd.

A case of illegal beer production by a catering management company in Nanjing

On May 11, 2020, the Nanjing Municipal Market Supervision Bureau in Jiangsu Province received a report that a catering management company in Nanjing had not obtained a license to produce and operate beer. After the Nanjing Municipal Bureau of Market Supervision went to the company for on-site inspection, the enterprise signed a cooperation agreement with Fujian Yuewei Catering Management Co., Ltd. from March to April 2020, and Fujian Yuewei Catering Management Co., Ltd. entrusted Shandong Yangchun Beer Co., Ltd. to produce German-style craft beer for exclusive sales in Jiangsu Province.

In order to clarify the facts of the case, law enforcement officers went to Shandong and Fujian to investigate, and found that as of the occurrence of the case, Fujian Yuewei Catering Management Co., Ltd. had only provided 1299 barrels of beer and 5 liters per barrel, which was inconsistent with the sales quantity and specifications of the enterprises involved. After in-depth investigation and verification, it was confirmed that a catering management company in Nanjing produced and sold 20 liters of beer in 144 barrels, 765 barrels in 5 liters and 106 liters in bags without obtaining food production licenses, with a total value of 58,488.3 yuan and illegal gains of 24,357 yuan. The Nanjing Municipal Market Supervision and Administration Bureau imposed an administrative penalty of confiscating 24,357 yuan of illegal gains and fining 585,000 yuan on the company.

Shanghai Han Moumou and others added prohibited ingredients to slimming coffee

From July 2018 to March 2019, defendants Han xxx and Hong xx jointly hired others to produce "shishi slimming coffee" with sibutramine added to Zhoukou City and Shangqiu City in Henan Province, and at the same time made sales websites, false anti-counterfeiting QR codes, etc., and sold them to Shanghai and other places through online channels. During this period, Mr. Han was responsible for purchasing sibutramine, coffee powder and other production raw materials, and supervising the production of slimming coffee. Mr. Hong is responsible for sales and fund management. The sales amount of Han and Hong reached more than 8.33 million yuan. After inspection, the sibutramine component was detected in the seized coffee. It was also ascertained that since January 2018, defendant Yu XX knew that the state prohibited the production, sale and use of sibutramine in China, but still purchased it from others many times and sold it to Han XX, and the amount of illegal business reached more than 2.1 million yuan.

On September 28, 2020, after trial, the Shanghai Railway Transport Court found that defendants Han xxx and Hong xx hired others to produce and sell slimming coffee mixed with sibutramine that the state prohibited in the production and sale of food, and the two were joint crimes. Han xxx, Hong xx, for the crime of producing and selling toxic and harmful food, sentenced Han xxx to 15 years' imprisonment, deprivation of political rights for three years, and a fine of 10 million yuan; Sentenced Hong xxx to 12 years' imprisonment, deprivation of political rights for one year, and a fine of 7 million yuan. Defendant Yu X committed the crime of illegal business operation and was sentenced to fixed-term imprisonment of three years and fined. Defendant Han X was not satisfied with the first-instance judgment and appealed. On November 6, 2020, the Shanghai No. 3 Intermediate People's Court ruled to reject the appeal and uphold the original judgment.

Jiangsu Xie and others sold smuggled beef

Since 2016, defendants Xie X, Yang X, and Song X (handled in a separate case) have repeatedly purchased smuggled frozen beef, tripe, and other products from defendants Lin X, Wang X, and others, knowing that it is illegal to sell smuggled frozen beef products that have not been inspected and quarantined. After Xie and Song received the above products, they sold them to the vendors who operated cooked food in the urban and rural farmers' market in Pizhou City, Jiangsu Province. Defendant Cao X and 8 other people purchased mature food for sale, and the products involved in the case exceeded 100,000 kilograms. Defendants Xie X, Lin X, Wang X, Cao X and four others all had personal sales amounts of more than 1 million yuan.

The public security organs seized more than 20,000 kilograms of smuggled frozen beef and cattle by-products in the cold storage rented by Xie and Song. The meat products involved in the case are from areas where china needs to prohibit the import of meat products for the prevention and control of diseases, the outer packaging is in foreign languages, and the corresponding factory name and factory number are not in the "List of Meat Products Exported to China from Countries or Regions That Meet the Assessment and Review Requirements" published by the General Administration of Customs, and there is no customs declaration certificate and inspection and quarantine certificate.

From July 9 to December 16, 2020, the Pizhou Municipal People's Court of Jiangsu Province convicted four people, including defendant Xie X, of selling food that did not meet safety standards, and defendant Cao X, and 8 others of producing and selling food that did not meet safety standards. Among them, defendant Xie was sentenced to fixed-term imprisonment of five years and four months and fined 6 million yuan, and the remaining defendants were sentenced to five months' detention to four years and three months of fixed-term imprisonment, and fined between 7,000 yuan and 3.5 million yuan. The judgment declares that defendants Yang X and Ma X are prohibited from engaging in food processing, sales and other business activities during the probation period of probation.

Beijing Zhang Moumou and 8 other people impersonated the "Quanjude" roast duck case

From January to August 2019, defendant Zhang XX, together with Lin XX (handled in a separate case), purchased a large number of packaging materials marked with the registered trademark "Quanjude" without obtaining the entrustment or authorization of China Quanjude (Group) Co., Ltd., and defendant Zhang XX was responsible for transporting the above-mentioned packaging materials and collecting the payment on behalf of the goods. After verification, defendant Zhang X transported a total of more than 280,000 pieces of packaging materials marked with the registered trademark of "Quanjude", and seized more than 230,000 pieces of packaging materials marked with the registered trademark of "Quanjude" that had not yet been sold. After identification, the above marks are all illegally manufactured registered trademark marks.

From June 2018 to August 2019, defendant Tan X and six others purchased a large number of packaging materials marked with the registered trademark of "Quanjude" from Lin X and others without obtaining the entrustment or authorization of Quanjude Company, acquired them into vacuum packaging machines, burritos, sauces and vacuum-packed roast ducks, etc., and processed and produced roast ducks with counterfeit "Quanjude" registered trademarks in the form of assembly, and sold them at low prices. From June 2018 to August 2019, defendant Liu X, without obtaining the entrustment or authorization of Quanjude Company, purchased a large number of roast duck and other goods counterfeiting the registered trademark of "Quanjude" from Tan X and others at a low price, and sold them at a higher price, with a sales amount of more than 430,000 yuan and a seized value of more than 20,000 yuan.

On October 30, 2020, the Fengtai District People's Court of Beijing Municipality sentenced Zhang X to two years' imprisonment and a fine of 60,000 yuan for selling illegally manufactured registered trademark logos in the first instance; defendant Tan XX and six others were sentenced to fixed-term imprisonment of one year, three months to five years and fined 30,000 yuan to 600,000 yuan respectively; defendant Liu xxx was convicted of selling counterfeit registered trademarks and sentenced to three years and six months imprisonment and fined 220,000 yuan.

Heilongjiang Mao moumou sold fake and shoddy soybean seeds

From January to April 2019, defendant Mao Moumou, while operating Chunyang Seed Industry in Nenjiang City, Heilongjiang Province, found that soybean seeds such as "Heihe 43" were sold well and profitably in Nenjiang City. Mao moumou purchased soybeans from farmers, filled them with white transparent woven bags without any identification, and sold them as soybean seeds such as "Heihe 43". By the time of the incident, Mao had sold "white bag" soybean seeds 10 times, totaling more than 7,000 catties, with a sales amount of nearly 150,000 yuan.

On December 7, 2020, the People's Court of Nenjiang City, Heilongjiang Province, sentenced Mao to 11 months' imprisonment and a fine of 150,000 yuan for selling counterfeit and shoddy products.

Gansu Zhang Mou and 5 other people illegally added boric acid to the brewing skin

From June to August 2019, 5 people, including Zhang Mou, who was engaged in the production, processing and sales of brewing skins in Ganzhou District, Zhangye City, Gansu Province, added non-edible substances such as "Strong Gluten King" and "Gluten Enhancer" to the flour processing of brewing skins. After inspection, the boric acid content of the brewing skin produced and sold by the above-mentioned defendants reached 3966.74mg/kg, 1260.95mg/kg, 575mg/kg, 556.02mg/kg and 369.71mg/kg, respectively.

The addition of boric acid to food is prohibited. On June 10, 2020, the Ganzhou District People's Court of Zhangye City made a judgment in accordance with law, sentencing Zhang X, Chen X, and He X to fixed-term imprisonment of one to six months and a fine of 20,000 to 10,000 yuan for the crime of producing and selling toxic and harmful food. On June 24, 2020, Tian was sentenced to nine months' imprisonment and fined 15,000 yuan for the crime of producing and selling toxic and harmful food, and Zhao mouzheng was sentenced to seven months' imprisonment and fined 12,000 yuan.

Hunan Yongxing "double ammonia" solid drink passed off as special medical milk powder case

"Beta Ammonia" deep hydrolyzed protein lactose-free formula powder is a solid protein drink produced by Tianjin Deheng Technology Co., Ltd. entrusted by Hunan Weileke Health Co., Ltd. From December 1, 2017 to August 14, 2019, the maternal and infant products chain stores in Yongxing County, Hunan Province, "A Baby Factory" and "Mommy Baby Factory" purchased 1086 cans of "Beta Ammonia" from Hunan Weibao Trading Company, and the chain store operator knew that infants and young children eating milk powder for special medical purposes needed to clearly mark the categories and applicable groups of formula foods for special medical purposes, and still exaggerated the efficacy in 11 chain stores through promotional posters, shopping guides in person, etc., and declared that "Double Ammonia Milk Powder is suitable for babies with allergic constitutions". Mislead parents to buy and feed it as special-purpose milk powder for babies with allergies.

After receiving the procuratorial suggestions, the Yongxing County Market Supervision and Administration Bureau imposed an administrative penalty on the operators of "a baby shop" and "mommy a baby shop", fined 2 million yuan, transferred the illegal acts of entrusting the products involved to the manufacturer Weileke Company and the agent seller Weibao Company for suspected false publicity to the Changsha Municipal Market Supervision and Administration Bureau for investigation and punishment, transferred the illegal acts of the manufacturer Deheng Company suspected of false publicity to the Tianjin Municipal Market Supervision and Management Department for handling, and mediated 63 consumers involved in the "Double Ammonia" complaint. The operator shall compensate in accordance with the standard of "one refund and three compensation", and has compensated 1,029,940.58 yuan.

Sichuan Li Moumou and 5 other people produced and sold waste grease case

A fish village in Tongchuan District, Dazhou City, Sichuan Province, is jointly operated by li and five other people, each accounting for 20% of the shares. From August 14, 2018 to November 14, 2018, in order to save costs and add flavor to the bottom of the pot, the five defendants arranged for chef Gao to filter and recycle the waste grease after the customers in the store ate it, "wash the oil" by heating and boiling, and then mix the recovered oil with the new oil in a 2:1 ratio and boil it again. The boiled grease is directly used in the hot pot pot and provided to consumers to eat, during which a total of 1768 recovered oil pot bottoms were sold, with a total sales amount of 49504 yuan.

In December 2019, Li xxx and Gao xx were sentenced to two years' imprisonment, three years' probation, one-year fixed-term imprisonment, and two-year probation, respectively, by the Tongchuan District People's Court of Dazhou City for the crime of producing and selling toxic and harmful food, and were fined and pronounced a prohibition order. On June 24, 2020, the Dazhou Municipal People's Procuratorate filed a civil public interest lawsuit with the Dazhou Intermediate People's Court, requesting the court to order the five defendants to jointly pay punitive damages of 495,040 yuan ten times the sales amount, and apologize to the public in the public media at or above the municipal level.

Beijing News reporter Guo Tie

Edited by Li Yan Proofreader Li Shihui