"Iron Fist" Cracks Down on Illegal Acts in the Consumer Field Ten typical cases were announced

Since the beginning of this year, market supervision departments at all levels have focused on the conspicuous problems that the masses in the field of people's livelihood have strongly complained about and that public opinion is concerned about, struck a blow with a heavy blow, severely cracked down on the production and operation of toxic and harmful foods, agricultural and veterinary drug residues exceeding the standard food, and "cottage" liquor and beverages, strictly investigated inferior steel bars, cables, children's toys, and renovated "black gas cylinders" in accordance with the law, vigorously rectified the phenomenon of false medical advertisements and intermediary agencies charging fees such as "divine doctors" and "miracle drugs," and investigated and handled a number of illegal cases of a bad nature that are closely related to the masses. Some typical cases are hereby announced as follows:

1. The Wenzhou Municipal Market Supervision Bureau of Zhejiang Province investigated and dealt with the case of Wenzhou Xishan Liquor Co., Ltd. producing liquor without a license and false liquor labeling

On September 10, 2021, the Wenzhou Municipal Market Supervision Bureau of Zhejiang Province imposed an administrative penalty of 10.123 million yuan on Wenzhou Xishan Liquor Co., Ltd. for the illegal act of producing liquor without a license and false liquor labels.

On February 7, 2021, the Wenzhou Municipal Market Supervision Bureau inspected Wenzhou Xishan Liquor Co., Ltd. according to the law according to the clues and found that the company was suspected of producing liquor without a license and falsely marking the production date. After investigation, at the end of 2019, the parties entrusted a liquor company to produce more than 50 tons of blended liquor (liquor produced in 2006 and liquor produced in recent years in proportion to blending). In the absence of a food production license, the parties concerned have successively purchased nearly 30 tons of bulk liquor (produced for 4-5 years) since November 2020, and added food additives such as Mian rou flavoring agents. The above-mentioned liquor mud sealing altar mouths are placed with labels such as "Production Date: Winter Solstice in 2006; Winter Brew spring into the altar sealing collection" and other contents and sold to the public. As of the time of the case, the parties had accumulated sales of more than 2 million yuan and made profits of more than 600,000 yuan. The above-mentioned acts of the parties violated the provisions of article 35, paragraph 1 and article 71 of the Food Safety Law of the People's Republic of China, and the Wenzhou Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

In this case, the parties produced liquor without a license, which was a huge food safety hazard. At the same time, the deceptive behavior of fictitious wine age impersonating the aged "old wine khan" not only damages the market reputation of the "old wine khan" as the intangible cultural heritage of Wenzhou City, but also infringes on the legitimate rights and interests of consumers and should be punished according to law.

2. The Market Supervision Bureau of Guoyang County, Bozhou City, Anhui Province investigated and dealt with the case of Wu Mou's sale and use of cattle by-products that were prohibited from being imported from foreign epidemic areas and exceeded the shelf life

On August 20, 2021, the Market Supervision Bureau of Guoyang County, Bozhou City, Anhui Province, investigated and dealt with Wu's illegal acts of selling and using cattle by-products that were prohibited from being imported from foreign epidemic areas and exceeding the shelf life in accordance with the law, and because Wu's behavior was suspected of constituting a crime, the case was transferred to the public security organs.

On August 1, 2021, when the law enforcement personnel of the Market Supervision Bureau of Guoyang County inspected the cold storage of the Zhongnong Batch Large Market in the east of Guoyang County, they found that the goods unloaded by a heavy cold chain truck were marked as beef whole belly imported from a certain country, the slaughter date was January 3, 2019, and the validity period was January 3, 2021, a total of 311 pieces (22 kg/ piece); and the beef whole belly marked in foreign language outside the box, the slaughter date was December 20, 2018, and the validity period was until December 27, 2020, a total of 92 pieces (13 kg / pieces), a total of 403 pieces of 8 tons, all of which have exceeded the shelf life. According to the requirements of epidemic prevention and control, law enforcement personnel reported to the health department to carry out nucleic acid testing, and were tested as "negative" for the new coronavirus by the Woyang County Center for Disease Control and Prevention. Law enforcement personnel implement compulsory measures against the items involved in the case in accordance with law, and conduct spot checks on the items involved in the case. After investigation, the batch of cattle by-products was purchased by Wu Mou of the Xinghao Cattle By-products Processing Department of Guoyang County, which belonged to the foreign imported cattle by-products prohibited by the General Administration of Customs and the Ministry of Agriculture and Rural Affairs, and exceeded the shelf life. According to the Price Determination Center of Guoyang County, the value of the goods involved in the case was 336,000 yuan. The parties' conduct violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China, and because the value of the goods involved in the case was relatively large, they were suspected of committing a crime, and the Guoyang County Market Supervision Bureau has transferred the case to the public security organs.

The cattle by-products operated by the parties in this case belong to foreign cattle by-products prohibited from being imported by the General Administration of Customs and the Ministry of Agriculture and Rural Affairs, and the parties have no import procedures and inspection and quarantine procedures, and the products have expired and are still sold, which is of a bad nature. In accordance with the relevant requirements for the prevention and control of the epidemic of imported cold chain food, imported meat should be purchased through special channels, stored in special areas, and sold in special areas, and it is prohibited to mix with other foods for storage and sales. Food business operators shall fully perform their main responsibilities for food safety in accordance with laws and regulations, be responsible for the quality and safety of edible agricultural products purchased and traded, strictly perform their responsibilities and obligations for food safety and the prevention and control of the new crown pneumonia epidemic, prohibit the procurement and operation of food and edible agricultural products that are prohibited from production and operation by laws and regulations, and prevent problem meat from flowing to the table.

3. The Market Supervision Bureau of Songyuan City, Jilin Province investigated and dealt with the food case of Kaicheng School in Songyuan City engaged in food business activities without a license

On March 15, 2021, the Market Supervision Bureau of Songyuan City, Jilin Province, confiscated the tools and raw materials of illegal production and operation and confiscated 79,000 yuan of fines for the illegal production and operation of Kaicheng School for engaging in food business activities without a license in accordance with the law.

On November 25, 2020, law enforcement officers of the Songyuan Municipal Market Supervision Bureau received a notification from the Health Commission about the suspected food poisoning incident at Kaicheng School in Songyuan City, and immediately launched an investigation. After investigation, Songyuan Kaicheng School moved from November 21 to November 22, 2020 from Tianjia Village in Xincheng Township to No. 2518 Tiexi Street, Ningjiang District, and the canteen has not yet been fully put into use. On November 23, 2020, Kaiseong School in Songwon City began to provide meals. In order to solve the problem of teachers and students eating, on the same day, Songyuan Kaicheng School leased the Ma'er Barbecue Restaurant (Tiexi Store) located in Corning Street, Songwon City, and made food in the store and sent it to the school canteen to provide meals for teachers and students. The store did not have a food business license. The parties' behavior violated the provisions of the first paragraph of Article 35 of the Food Safety Law of the People's Republic of China, and the Songyuan Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

Fourth, the Market Supervision Bureau of the Seventh Division of the Xinjiang Production and Construction Corps investigated and dealt with the case of Karamay Jiuhong Cement Co., Ltd. producing cement listed in the catalogue without authorization without applying for a production license in accordance with the regulations

On August 4, 2021, the Market Supervision Bureau of the Seventh Division of the Xinjiang Production and Construction Corps imposed an administrative penalty of 410,700 yuan and confiscation of illegal gains of 11,900 yuan for the production of cement included in the catalogue without applying for a production license in accordance with the regulations.

On June 3, 2021, the Seventh Division Market Supervision Bureau conducted a law enforcement inspection of Karamay Jiuhong Cement Co., Ltd., and found that the company's production workshop mill was running to produce cement. The company has provided a national industrial product production license, stating that the product name is cement, the date of issuance is March 20, 2015, and it is valid until March 19, 2020. After investigation, the parties did not apply for a production license according to the regulations after the expiration of the cement production license, and produced the cement included in the catalog without authorization, of which, from May 24, 2021 to June 3, 2021, a total of 3491.5 tons of cement were produced, of which 1156.8 tons of qualified cement, all of which have been sold. The cost price of cement produced by the parties was 343.2 yuan / ton, the sales price was 355 yuan / ton, the value of illegal goods was 410,700 yuan, and the illegal income was 11,900 yuan. The parties' behavior violated the provisions of Article 5 of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses, and the Seventh Division Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

The state implements a production license system for cement production enterprises, and strictly prohibits unlicensed production. In reality, the cement produced without a license often has unqualified chloride ions, water-soluble chromium exceeding the standard, insufficient strength and other unqualified quality, which is very easy to produce building quality and safety hazards, which is a violation of the law that the state severely cracks down on. The investigation and handling of this case has a positive role in cracking down on the production and sale of inferior cement without a license, further promoting the implementation of industrial policies in the local cement industry, resolving excess capacity, and achieving high-quality development and green and low-carbon development.

V. The Market Supervision Bureau of Huqiu District, Suzhou City, Jiangsu Province, investigated and dealt with the case of Suzhou Tianmeng Children's Products Co., Ltd. producing and selling children's carts that did not meet national standards

On August 13, 2021, the Market Supervision Bureau of Huqiu District, Suzhou City, Jiangsu Province, investigated and punished the production and sale of strollers produced and sold by Suzhou Tianmeng Children's Products Co., Ltd. that do not meet the national standards for protecting human health and personal and property safety. Because the parties' actions are suspected of constituting a crime, on September 10, the case was transferred to the public security organs.

On April 6, 2021, in the Suzhou municipal supervision and random inspection, it was found that the stroller (specification model: F9; production date: April 25, 2020; registered trademark Faleiman) produced by Suzhou Tianmeng Children's Products Co., Ltd. was judged to be an unqualified product because the dangerous seam project did not meet the GB 14748-2006 standard. After investigation, the batch of unqualified strollers was entrusted by the parties to kunshan Kate Children's Products Co., Ltd. production, the number of 600 vehicles, the unit price of 361 yuan / car, has been sold 63 vehicles, the total sales amount of 41,100 yuan, the average sales unit price of 652.82 yuan / car. The value of the children's carts produced by the parties that do not meet the national standards for protecting human health and personal and property safety totaled 391,700 yuan, and the illegal income was 18,400 yuan. The parties' conduct violated the provisions of article 26, paragraph 2, item (1) of the Product Quality Law of the People's Republic of China, and was suspected of constituting the crime of producing and selling counterfeit and shoddy products, and has now been transferred to the public security organs for handling.

Usually, in the process of using a stroller, children may put their hands and feet into the cracks out of curiosity, and if the dangerous crack items do not meet the mandatory national standards, it is very easy to produce the risk of pinching and hurting the children's hands and feet. The investigation and handling of this case has effectively cracked down on the illegal production and sale of fake and shoddy children's products, thus ensuring the health and safety of children.

6. The Market Supervision Bureau of Fuxin City, Liaoning Province, investigated and dealt with the case of destroying the accuracy of measuring instruments at the Shunxing Gas Station in Fuxin City

On March 25, 2021, the Market Supervision Bureau of Fuxin City, Liaoning Province, imposed an administrative penalty of confiscating 4 tankers with damaged accuracy, confiscating 1,305,600 yuan of illegal gains, and fining 2,000 yuan for the illegal acts of destroying the accuracy of measuring instruments at the Shunxing Gas Station in Fuxin City.

On August 21, 2020, according to the relevant work arrangements, the Liaoning Provincial Market Supervision Bureau, the Fuxin Municipal Market Supervision Bureau and the Chaoyang Metrology and Testing Institute formed an inspection team to inspect the quantity and value of gasoline and diesel sold at the Shunxing Gas Station in Fuxin City and the measuring instruments used. The verification personnel verified the 8 refueling guns of the 4 fuel dispensers being used at the gas station in accordance with the law and issued the "Notice of Verification Results". After verification, the above 8 refueling guns exceeded the maximum allowable error of 0.30% ± stipulated by the state, the largest error was positive deviation of 2.07%, and the smallest positive deviation was 1.35%, all of which were unqualified. After investigation, on June 30, 2020, the parties privately changed the main board of the fuel dispenser and deliberately destroyed the accuracy of the measuring instrument, the means were very hidden, and the subjective malice was obvious, constituting an illegal act of destroying the accuracy of the measuring instrument. From July 1, 2020 to August 20, 2020, 1,305,600 yuan of illegal gains were obtained. The parties' conduct violated the provisions of Article 16 of the Metrology Law of the People's Republic of China, and the Fuxin Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

Cheating on fuel dispenser metering has always been a key violation of the law that market supervision departments have focused on cracking down on. The market supervision department encourages consumers to actively provide illegal clues, and at the same time reminds consumers to pay attention to whether effective strong inspection signs are posted on the fuel dispenser when refueling, and if the amount of refueling is found to be abnormal, leave a good invoice, and call the complaint and report telephone in time to protect their legitimate rights and interests.

7. The Market Supervision Bureau of Benxi City, Liaoning Province, investigated and dealt with the case of illegal collection of fees in the Tiantaiyu Public Welfare Cemetery

On August 16, 2021, the Market Supervision Bureau of Benxi City, Liaoning Province, imposed an administrative penalty of 500,000 yuan on the illegal act of arbitrarily formulating commodity prices that fall within the scope of government pricing and guidance prices for the Tiantaiyu Public Welfare Cemetery in Tayu Village, Gaotaizi Subdistrict Office, Mingshan District, Benxi City.

On June 1, 2021, the Benxi Municipal Market Supervision Bureau, together with the local civil affairs department, inspected the Tiantaiyu Public Welfare Cemetery in Tayu Village, Gaotaizi Street Office, Mingshan District, Benxi City, and found that the cemetery was suspected of illegally charging fees. After investigation, the Tayu Villagers Committee submitted an application to the Civil Affairs Bureau of Mingshan District of Benxi City on April 16, 2013, and was approved by the Mingshan District Government on May 27, 2014. On October 29, 2015, Tiantaiyu Public Welfare Cemetery obtained the "Private Non-enterprise Registration Certificate" (Liaoben Ming Civil Affairs Character No. 070068) issued by the Civil Affairs Bureau of Mingshan District of Benxi City, with Zhang Moumou as the person in charge. The "Liaoning Provincial Pricing Catalogue" funeral service charging items clearly contain "public welfare cemetery prices", the parties did not provide relevant pricing materials to the development and reform department before the sale, nor did they handle the relevant cost accounting and pricing procedures, and as of the time of the case, 1154 public welfare cemeteries had been sold. The above-mentioned acts of the parties violated the provisions of Article 12 of the Price Law of the People's Republic of China and the third paragraph of Article 9 of the Provisions on Administrative Penalties for Price Violations. The Benxi Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

Funeral services are a major matter concerning the livelihood of thousands of households, and the market supervision department resolutely and severely punishes funeral services and funeral supplies for illegal acts such as unclear price markings, price fraud, unauthorized pricing in public welfare cemeteries, etc., and constantly purifies the market environment for funeral services and effectively protects the interests of the masses.

8. The Market Supervision Bureau of Tianchang City, Anhui Province, investigated and dealt with the case of Tiangao Liquefied Gas Filling Station in Tianchang City engaging in gas cylinder filling activities without permission and using uninspected special equipment

On August 2, 2021, the Market Supervision Bureau of Tianchang City, Anhui Province, confiscated 13 illegally filled gas cylinders and fined 330,000 yuan for the illegal acts of engaging in gas cylinder filling activities and using uninspected special equipment at the Tiangao Liquefied Gas Filling Station in Tianchang City without permission.

On April 21, 2021, the Tianchang Municipal Market Supervision Bureau conducted a law enforcement inspection of the Tiangao Liquefied Gas Filling Station in Tianchang City based on the clues reported by the masses, and found that the company was suspected of engaging in gas cylinder filling activities without permission and using untested special equipment. After investigation, the parties concerned began to engage in gas cylinder filling activities in April 2021 without obtaining a gas cylinder filling permit, and privately filled gas cylinders for some mobile gas dealers. The parties have not established accounts and related records, and the amount involved in the case cannot be calculated. At the same time, it was found that the next inspection time of the three LPG storage tanks used by the parties was January 2020, and all of them had exceeded the validity period of the inspection. The parties' behavior violated the provisions of Articles 40 and 49 of the Special Equipment Law of the People's Republic of China, and the Tianchang Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

9. The Tianjin Municipal Market Supervision Commission investigated and dealt with the case of Tianjin Xinhaifu Food Trading Co., Ltd. purchasing food without checking the qualification certificate and selling food that infringed the exclusive right to use the registered trademark

On March 24, 2021, the Tianjin Municipal Commission for Market Supervision imposed an administrative penalty on Tianjin Xinhaifu Food Trading Co., Ltd. for purchasing food without checking the qualification documents and selling food that infringed the exclusive right to use a registered trademark, confiscating the infringing goods, fining the company 458,000 yuan and the main responsible person of the company 20,000 yuan.

On January 14, 2021, the Tianjin Municipal Market Supervision Commission inspected Tianjin Xinhaifu Food Trading Co., Ltd. based on the report, and seized 277 boxes of concentrated syrup labeled nanjing Pepsi Cola Beverage Co., Ltd. with specifications of 20L*1 bags/box, which were identified as goods that infringed the exclusive right to use the registered trademark of "PepsiCo". After investigation, the parties purchased 500 boxes of the above syrup from December 2020 to January 2021 without checking the supplier's business license, food business license and food qualification certification documents, with a value of 131,100 yuan, and 223 boxes had been sold as of the time of the case. The Tianjin Municipal Market Supervision Commission entrusted the Tianjin Institute of Food Safety Testing Technology to conduct quality inspection of the goods involved in the case, and the inspection results complied with the regulations. The parties' conduct violated the provisions of Article 57 of the Trademark Law of the People's Republic of China and Article 53 of the Food Safety Law of the People's Republic of China, and the main person in charge of the company, Mr. Chen, was directly responsible for the above-mentioned illegal acts, and the Tianjin Municipal Market Supervision Commission imposed administrative penalties on the company and Chen respectively in accordance with the law.

In this case, the parties failed to perform the obligation to inspect the incoming goods when purchasing food, and the main person in charge of the company was directly responsible, which was an intentional illegal act. The Tianjin Municipal Market Supervision Commission controlled the goods involved in the case at the first time and notified the market supervision department where the supplier of the goods involved in the case was located; conducted investigations on the downstream distributors in multiple jurisdictions of the city to avoid the continued circulation of the goods involved in the case; and punished the directly responsible personnel to the person, which formed a strong deterrent to the lawbreakers.

10. The Market Supervision Bureau of Shangcheng District of Hangzhou City, Zhejiang Province investigated and dealt with the case of Hangzhou Huashi Hospital Co., Ltd. publishing false and illegal advertisements

On August 3, 2021, the Market Supervision Bureau of Shangcheng District of Hangzhou City, Zhejiang Province, imposed an administrative penalty of 849,000 yuan on Hangzhou Huashi Hospital Co., Ltd. for publishing false and illegal advertisements in its business activities.

On March 25, 2021, the Hangzhou Shangcheng District Market Supervision Bureau received a report from the public that Hangzhou Huashi Hospital Co., Ltd. was suspected of false advertising on the Internet. Law enforcement officers conducted on-site inspections of the hospital at the first time, collected evidence from its advertisements published on the Internet, and filed a case for investigation. After investigation, in order to attract customers and increase customer flow, the parties have successively published on the "99 Hospital Library" website containing "Hangzhou Huashi Hospital First-class Hospital Public; Alias: Hangzhou Huashi Reproductive Infection Specialist Hospital; Nature: Public / General Hospital" "Hangzhou Huashi Hospital Hospital Introduction: Hangzhou Huashi Reproductive Infection Specialist Hospital is located in No. 37, West Lake Avenue, Shangcheng District, Hangzhou, Zhejiang Province, founded in 2017, the hospital belongs to the specialized hospital, there is 1 department, and the featured department is zhejiang Provincial STD Prevention and Monitoring Center" and other content of the advertisement. The person concerned is a private hospital, not a reproductive infection specialist hospital and a Zhejiang St. Venereal Disease Prevention and Control And Monitoring Center. At the same time, the parties concerned posted on the "Baidu" platform that contained "Hangzhou Huashi Hospital is formal, answering disease questions online... Online doctor reminder, online 1 to 1 consultation" and other content of the advertisement, click on the advertising link, enter the chat consultation software page, easy for the diagnosis and treatment needs of those who need to carry out the next step of consultation. Through the above means, the parties concerned show the public the content of their activities to provide diagnosis and treatment of venereal diseases and other diseases. The medical advertisements published by the parties on the "99 Hospital Library" website and the "Baidu" platform are inconsistent with the "finished samples" of the advertisements in the "Medical Advertisement Review Certificate" obtained by the parties. The parties' conduct violated Article 17 of the Measures for the Administration of Medical Advertising and Articles 46 and 28 of the Advertising Law, and the Hangzhou Shangcheng District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

The medical industry is related to the safety of people's lives, and medical advertisements need to be approved by the health department before they are released. In order to generate revenue, the parties concerned have not been approved before publishing advertisements, and openly publish false and illegal advertisements on the Internet to deceive and mislead consumers, and at the same time use the trust of patients to continue to infringe on the legitimate rights and interests of consumers during one-on-one consultations, breaking through the bottom line of professional ethics, and should be severely punished.

(CCTV reporter Wang Jing)

Source: CCTV news client