Leeks, bean sprouts, pike crabs and other key investigations, Shanghai to carry out special rectification of edible agricultural products

The Paper's senior reporter Zou Juan

Since February 2021, the Municipal Food and Drug Security Office, the Municipal Market Supervision Bureau, the Municipal Agricultural and Rural Commission and the Municipal Commission of Commerce have jointly carried out special rectification of edible agricultural products such as leeks, bean sprouts, pike crabs, and freshwater fish.

The renovation covers 22 wholesale markets for agricultural products, more than 990 centralized trading markets, 3 industrial bean sprout enterprises, 55 pesticide and veterinary drug production enterprises, 800 pesticide and veterinary drug business units, 150 real estate leek planting entities (about 3521 mu), and 320 freshwater fish farms (about 138,000 mu). After rectification, the pass rate of four types of agricultural products such as leeks, bean sprouts, pike crabs and freshwater fish sold in the market in the first half of the year was 93.12%, an increase of 2.57 percentage points over the end of 2020.

The Chongming District Market Supervision Bureau investigated and dealt with the case of unqualified leeks operated by the small skin vegetable business department

The small skin vegetable business department of Chongming District, Shanghai, is a stall operator in a farmers' market in Chongming District, mainly engaged in edible agricultural products. On April 26, 2021, the Chongming District Market Supervision Bureau commissioned Quality Testing (Shanghai) Testing Technology Co., Ltd. to conduct a sampling inspection of the "leeks" operated by the parties on that day. After inspection, the above-mentioned "leek" rot mold and litter project does not meet the requirements of GB 2763-2019 "National Standard for Food Safety, Maximum Residue Limit of Pesticides in Food", and the inspection conclusion is unqualified. On May 11, 2021, the Chongming District Market Supervision Bureau served the "Notice of Shanghai Food Safety Sampling Inspection Result" and "Test Report" to the parties in accordance with the law, informing the parties that they have the right to apply for re-inspection, and the parties have not submitted re-inspection applications and objections within the statutory time. It was also confirmed that the parties purchased 10 kilograms of leeks from Shanghai Jiangyang Market at a price of 2.4 yuan / kg on April 25, 2021, and retailed them at a price of 6 yuan / kg on April 26, 2021, except for the Chongming District Market Supervision Bureau commissioned by quality testing (Shanghai) Testing Technology Co., Ltd. to sample 1 kg, the remaining 9 kilograms of leeks were sold in the form of retail on the same day, and by the time of the case, the value of the goods was 60 yuan and the illegal income was 60 yuan. After investigation, it was found that the agricultural products involved in the case came from Shanghai Jiangyang Market, and the Chongming District Market Supervision Bureau has transferred the illegal clue to the Baoshan District Market Supervision Bureau.

The act of pesticide residues in leeks sold by the parties exceeding the limit of food safety standards for edible agricultural products is suspected of violating the provisions of Article 25 (2) of the Measures for the Supervision and Administration of the Quality and Safety of The Market Sales of Edible Agricultural Products, in view of the parties actively cooperating with the investigation of the case, truthfully stating the facts of the violation and taking the initiative to provide evidentiary materials, in accordance with the second paragraph of Article 50 of the Measures for the Supervision and Administration of the Quality and Safety of the Market Sales of Edible Agricultural Products and the first paragraph of Article 124 of the Food Safety Law of the People's Republic of China, Paragraph 4 of Article 126 of the Food Safety Law of the People's Republic of China and Paragraph 1 of Article 126 of the Food Safety Law of the People's Republic of China stipulate that the parties concerned shall be punished for selling edible agricultural products with pesticide residues exceeding the limits of food safety standards and failing to establish a system for the inspection and recording of the purchase of edible agricultural products as follows: 1. Warning; 2. Confiscation of 60 yuan of illegal gains; and 3. Fines of 5,000 yuan.

The Songjiang District Market Supervision Bureau investigated and dealt with the cases of Shanghai Happy Vegetable Co., Ltd.'s production and operation of foods with chemical substances other than food additives, and the production and operation of food with false production dates

Shanghai Happy Vegetable Co., Ltd. is a bean sprouts manufacturer in Songjiang District. In the sampling inspection of soybean sprout products of Shanghai Happy Vegetable Co., Ltd., the Songjiang District Market Supervision Bureau found that the relevant indicators of 6-benzyl adenine did not meet the requirements of the State Food and Drug Administration, the Ministry of Agriculture, and the National Health and Family Planning Commission", "Announcement on the Prohibition of the Use of 6-Benzyl Adenine and Other Substances in the Production Process of Bean Sprouts" (No. 11 [2015]). At the same time, the Songjiang District Market Supervision Bureau has also received notifications from other regions in Shanghai that the multi-batch soybean sprouts and 1 batch of mung bean sprouts produced and operated by Shanghai Happy Vegetable Co., Ltd. are unqualified. After investigation, the value of the food produced and operated by Shanghai Happy Vegetable Co., Ltd. with chemical substances other than food additives was RMB19,067.72, and the illegal income was 2,056.84 yuan; the value of the food produced and operated by Shanghai Happy Vegetable Co., Ltd. with a false production date was 6.8 yuan, and there was no illegal income.

The production and operation of bean sprouts with 6-benzyl adenine in the production and operation of Shanghai Happy Vegetable Co., Ltd. violates the provisions of Article 34 (1) of the Food Safety Law of the People's Republic of China; the production and operation of bean sprouts marked with false production dates violates the provisions of Article 34 (10) of the Food Safety Law of the People's Republic of China. On February 5, 2021, the Songjiang District Market Supervision Bureau decided to confiscate RMB2,056.84 and fine RMB291,015.8 for the production and operation of Shanghai Happy Vegetable Co., Ltd. by adding 6-benzyl adenine bean sprouts and falsely marking the date of production in accordance with Article 123, Paragraph 1(1) of the Food Safety Law of the People's Republic of China.

Baoshan District Market Supervision Bureau on the investigation and punishment of Sha Mou's sale of unqualified edible agricultural products

The party concerned is a self-employed household in the market of No. 2767 Yunchuan Road, Baoshan District, mainly engaged in food and agricultural products. On May 14, 2021, Shanghai Huasheng Product Standard Testing Technology Co., Ltd. conducted a sampling inspection of the edible agricultural product "mung bean sprouts" sold online by the parties concerned, and the inspection report issued on May 27 (No: A2210184086101005C) showed that the "6-benzyl adenine (6-BA)" project did not comply with the "Announcement on the Prohibition of the Use of 6-Benzyl Adenine and Other Substances in the Production Process of Bean Sprouts" issued by the State Food and Drug Administration, the Ministry of Agriculture, and the National Health and Family Planning Commission. (No. 11 of 2015) requires that the inspection conclusion be unqualified. At the same time, it was found that the parties had not published the business license information and administrative license information in a conspicuous position on their home page. After receiving the unqualified test report, the Baoshan District Market Supervision Bureau conducted a case investigation on June 7, 2021 in accordance with the law on the parties selling unqualified agricultural products and the e-commerce operators did not publish the business license administrative license information in a conspicuous position on their home page, and delivered the "Notice of Shanghai Food Safety Sampling Inspection Results" and "Test Report", informing the parties that they have the right to apply for re-inspection, and the parties have not submitted re-inspection applications and objections within the statutory time. At the same time, the parties are informed to immediately carry out rectification, start the recall procedure and carefully check the reasons for the non-conformity.

The parties' sale of unqualified edible agricultural products violated the first paragraph of Article 25 of the Measures for the Supervision and Administration of the Quality and Safety of The Market Sales of Edible Agricultural Products and Article 15 of the E-commerce Law of the People's Republic of China. In view of the parties' active cooperation with the investigation of the case, truthfully stating the illegal facts and providing evidentiary materials, in accordance with the first paragraph of Article 123 of the Food Safety Law of the People's Republic of China and Article 50 of the Measures for the Supervision and Administration of the Quality and Safety of The Market Sales of Edible Agricultural Products, the parties were punished as follows: 1. Confiscation of 21 yuan of illegal gains; 2. Fines of 10,000 yuan. According to the first paragraph of Article 76 of the E-commerce Law of the People's Republic of China, the parties were fined RMB 1,000. The total fine and forfeiture (RMB) is 11,021 yuan.

The Fengxian District Market Supervision Bureau investigated and dealt with the case of Liyun Aquatic Products Business Department illegally operating unqualified pike crabs

Shanghai Fengxian District Liyun Aquatic Products Business Department is a professional aquatic products merchant in the Fengxian District Rural Garden Farmers' Market, mainly engaged in fish, shrimp, crabs and other aquatic products. On May 7, 2021, the Fengxian District Market Supervision Bureau entrusted Shanghai Zhongwei Testing Technology Co., Ltd. to conduct sampling inspections of aquatic products operated by the parties. On May 14, 2021, it received an inspection report issued by Shanghai Zhongwei Testing Technology Co., Ltd., which showed that the measured value of cadmium in the pike crab inspection project operated by the parties was 1.5mg/kg, which did not meet the requirements of GB2762-2017 "National Standard for Food Safety and Limit of Contaminants in Food", and the inspection conclusion was unqualified. The law enforcement personnel immediately delivered the inspection report to the parties, and the parties did not submit a request for re-inspection within the prescribed time limit.

It was found that on May 4, 2021, the parties purchased a total of 21 kilograms of barracuda crabs from Boxin Aquatic Products Store in Baoshan District, Shanghai, with a total purchase amount of 1550 yuan. At the time of purchase, the relevant business licenses and purchase documents of the supplier were collected and retained, but the relevant certification materials for the qualification of edible agricultural products could not be provided. After the purchase, the parties put the above-mentioned pike crabs in booth No. 51 of the Farmers' Market in the village garden for sale, with a sales amount of 1885 yuan, and by the time the inspection report was delivered, the batch of pike crabs had all been sold out or died naturally. After removing the amount and cost of samples purchased by the sampling personnel, the illegal income of the parties totaled 237.4 yuan. At the same time, the Fengxian District Market Supervision Bureau promptly transferred the case clues to the Baoshan District Market Supervision and Administration Bureau for source investigation.

The parties' sale of pike crabs that have failed to pass the inspection violates the provisions of Article 25 (2) of the Measures for the Supervision and Administration of the Quality and Safety of The Market Sales of Edible Agricultural Products. In view of the fact that the parties can provide the supplier's qualifications and purchase documents, subjectively there is no intentional behavior, actively cooperate with the investigation, and do not cause harmful consequences such as food safety incidents during the business period. The Fengxian District Market Supervision Bureau imposed an administrative penalty of confiscating RMB237.4 and fining RMB 5,000 for confiscating the illegal gains and imposing a fine of RMB 5,000 in accordance with Article 50 of the Measures for the Supervision and Administration of the Quality and Safety of The Market Sales of Edible Agricultural Products and the provisions of Item (1) of the First Paragraph of the Food Safety Law of the People's Republic of China.

The Hongkou District Market Supervision Bureau investigated and dealt with the case of Zhanghong Snack Bar illegally operating unqualified aquatic products

The party, Zhanghong Snack Bar in Hongkou District, Shanghai, operates small catering services. On May 10, 2021, the Hongkou District Market Supervision Bureau conducted a food safety inspection of the Zhanghong Snack Bar in Hongkou District, Shanghai, located at the bottom of No. 430 Zhapu Road, Hongkou District, which was called "Zhanghong Snack Bar", and conducted a sampling inspection of the edible agricultural products "Qingjiang Fish" and "Catfish" operated by it on the spot, and entrusted Shanghai Denuo Product Testing Co., Ltd. to inspect the samples. According to the company's inspection, the "Qingjiang Fish" Enrofloxacin (based on the sum of Enrofloxacin and Ciprofloxacin) project and the "Catfish" Diazepam Project operated by Zhanghong Snack Bar in Hongkou District, Shanghai do not meet the requirements of GB 31650-2019 "National Standard for Food Safety maximum residue limit of veterinary drugs in food", and the inspection conclusions are unqualified. On May 24, 2021, the Hongkou District Market Supervision Bureau served the "Notice of Shanghai Food Safety Sampling Inspection Result" and the "Inspection Report" to the parties, and the parties did not submit an application or objection for re-inspection within the statutory time. At the same time, the parties were informed to rectify immediately, and the parties destroyed all the remaining goods of the above-mentioned "Qingjiang fish" and "catfish" by themselves.

It was found that on May 10, 2021, Zhanghong Snack Bar in Hongkou District, Shanghai purchased the above-mentioned "Qingjiang Fish" and "Catfish" that did not meet the food standards from Baoshan Brilliant Aquatic Products Store as raw materials for its "grilled fish" dishes, and the value of the above-mentioned "Qingjiang Fish" and "Catfish" items totaled 198 yuan, and the illegal income was 42 yuan. The Hongkou District Market Supervision Bureau has copied the clue to the Baoshan District Market Supervision Bureau.

The parties' use of prohibited food as food raw materials violated the relevant provisions of Article 34, Paragraph 1, Item (2) of the Food Safety Law of the People's Republic of China and Article 24, Paragraph 1, Item (1) and Paragraph 2 of the Shanghai Food Safety Regulations, in view of the fact that in the investigation of the case, Zhanghong Snack Bar in Hongkou District, Shanghai actively cooperated with law enforcement personnel in investigating and handling illegal acts, and took the initiative to provide relevant evidence, in accordance with the relevant provisions of Article 92, Paragraph 4 of the Shanghai Food Safety Regulations and the "Shanghai Food Safety Regulations" The first paragraph of Article 28 of the Administrative Punishment Law of the People's Republic of China stipulates that the penalties imposed on the parties are as follows: 1. Confiscation of illegal gains of 42 yuan; 2. Fines of 5,000 yuan.

The Jinshan District Market Supervision Bureau investigated and dealt with Yin's illegal operation of live puffer fish

The party, Mr. Yin, is an individual industrial and commercial household in a large farmers' market in Jinshan District, mainly engaged in seafood and freshwater products. On April 16, 2021, when the law enforcement personnel of the Jinshan District Market Supervision Bureau conducted a daily inspection of the farmer's market, they found that there were 23 live puffer fish (a total of 6.2kg) stored in the fish tank of the stall of the party concerned, and the parties at the scene could not show the filing certificate, purchase record and sales filing certificate of the batch of puffer fish breeding base, which was suspected of violating the Notice of the General Office of the Ministry of Agriculture and the General Office of the State Food and Drug Administration on Conditionally Liberalizing the Processing and Operation of The Breeding of Redfin Oriental Pufferfish and the Breeding of Dark-striped Oriental Pufferfish. (Agriculture And Fishery [2016] No. 53). Law enforcement officers took compulsory measures to seal the fish tanks of the stalls involved in the case on the spot, and on April 21, 2021, they entrusted the East China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences to identify the above 23 live puffer fish. After identification, it was confirmed that the above-mentioned fish species submitted for inspection were dark-striped oriental pufferfish. Because the parties involved in the operation of the products involved in the case did not carry out invoicing and inventory records and kept relevant vouchers, according to the delivery note records found by the law enforcement personnel on the spot and the weighing records of the dark-striped Oriental pufferfish in the inventory, it was finally determined that the value of the goods in this case was RMB 928.8 and the illegal income was RMB 27.

The above-mentioned conduct of the parties in dealing with the above-mentioned live dark-striped Oriental Pufferfish violated the provisions of Article 25 (11) of the Measures for the Supervision and Administration of the Quality and Safety of the Market Sales of Edible Agricultural Products, constituting the act of "illegally operating food that the state expressly prohibits from operating for disease prevention and other special needs"; the party's failure to establish purchase and sale records and save relevant certificates in the course of business violated the provisions of Article 65 of the Food Safety Law of the People's Republic of China, constituting "failure to establish and comply with the purchase inspection records in accordance with the regulations". In accordance with the provisions of Article 50, Paragraph 1 of the Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products in the Market, Item (5) of Article 123 of the Food Safety Law of the People's Republic of China, Paragraph 4 of Article 126 of the Food Safety Law of the People's Republic of China, and Article 23 of the Administrative Punishment Law of the People's Republic of China, the Jinshan District Market Supervision Bureau ordered the parties to immediately correct the above-mentioned illegal acts. Administrative penalties were also imposed as follows: 1. Warning; 2. Fine (RMB): One Hundred Thousand Yuan; 3. Confiscation of Illegal Gains (RMB): Two Picking Up Rounds; 4. Confiscation of 23 Dark-grained Oriental Puffers Involved in the Case (a total of 6.2kg).

Editor-in-Charge: Gao Wen

Proofreader: Yan Zhang