| Six Model Criminal Cases of Jeopardizing Food Safety Published by the Supreme People's Court and the Supreme People's Procuratorate | | 最高人民法院、最高人民检察院发布六起危害食品安全刑事典型案例 |
| (December 31, 2021) | | （2021年12月31日） |
| Table of Model Criminal Cases of Jeopardizing Food Safety | | 危害食品安全刑事典型案例目录 |
| Case 1: People v. Zhang A (case of producing and selling toxic and harmful food) | | 案例一：张某某生产、销售有毒、有害食品案 |
| —Cleaning water filtration systems by formaldehyde solution, causing bottled drinking water to have a formaldehyde content | | --用工业甲醛清洗净水设备致桶装饮用水含有甲醛成分 |
| Case 2: People v. Zhang A (case of producing and selling food falling short of safety standards) | | 案例二：张某生产、销售不符合安全标准的食品案 |
| —Producing and selling quail eggs falling short of food safety standards without paperwork, causing more than 100 persons to suffer from food-borne diseases | | --无证生产、销售不符合食品安全标准的鹌鹑蛋致百余人食源性疾病 |
| Case 3: People v. Zhang A et al. (case of producing and selling counterfeit and inferior products) | | 案例三：张某等生产、销售伪劣产品案 |
| —Injecting medicines and water into hog to be slaughtered for illegal interests | | --为非法牟利给待宰生猪打药注水 |
| Case 4: People v. Shanghai A International Co., Ltd. and Liu A (case of producing and selling counterfeit and inferior products) | | 案例四：上海某国际贸易有限公司及刘某某生产、销售伪劣产品案 |
| —Selling more than 200 tons of expired dairy products for bakery use | | --销售超过保质期的烘焙用乳制品200余吨 |
| Case 5: People v. Cui A et al. (illegal business) and Chen A et al. (producing and selling toxic and harmful food) | | 案例五：崔某等非法经营及陈某某等生产、销售有毒有害食品案 |
| —Selling industrial-grade gelatin to food production enterprises for processing jelly | | --向食品生产企业销售工业明胶用于加工皮冻 |
| Case 6: People v. Chen A (case of fraud) | | 案例六：陈某某诈骗案 |
| —Committing dietary supplement fraud against the elderly by impersonating experts to provide diagnosis and treatment, forging medical examination reports, giving false publicity, and other means | | --采用冒充专家诊疗、伪造体检报告、虚假宣传等手段针对老年人实施保健食品诈骗 |
| Criminal Cases of Jeopardizing Food Safety | | 危害食品安全刑事典型案例 |
| Case 1: | | 案例一： |
| People v. Zhang A (case of producing and selling toxic and harmful food) | | 张某某生产、销售有毒、有害食品案 |
| —Cleaning water filtration systems by formaldehyde solution, causing bottled drinking water to have a formaldehyde content | | --用工业甲醛清洗净水设备致桶装饮用水含有甲醛成分 |
| Brief Facts | | 简要案情 |
| In 2014, defendant Zhang A (with partial name withheld) began to produce by two brought water filtration systems and sell bottled drinking water or pure water at a closed compound in the Economic and Technological Development Zone of Rizhao City, Shandong Province, without obtaining a food production permit. On March 6, 2015, the Administration for Market Regulation of Rizhao Economic and Technological Development Zone discovered during law enforcement inspection that Zhang A produced and sold bottled drinking water without obtaining a food production permit, found the bottled drinking water produced to have an aerobic plate count in excess of the standard, and imposed an administrative penalty on Zhang A. Afterwards, Zhang A continued to illegally produce and sell bottled drinking water. As one water filtration system did not have sterilization and disinfection functions, Zhang A used formaldehyde solution to clean and sterilize the water filtration system during the production process. On March 4, 2017, the Administration for Market Regulation of Rizhao Economic and Technological Development Zone conducted a joint law enforcement inspection of the water plant operated by Zhang A with the Rizhao Economic and Technological Development Zone Branch of the Municipal Public Security Bureau on the basis of reports from the public, and seized one formaldehyde solution bottle at the production workshop. According to authentication and identification, the liquid in the formaldehyde solution bottle was found to have a formaldehyde content of 264,350 mg/L; the raw water in the water well of the water plant was not found to have a formaldehyde content; and the formaldehyde contents of the two kinds of bottled drinking water sampled for inspection were 0.05 mg/L and 0.08mg/L respectively. | | 2014年起，被告人张某某在未取得食品生产许可证的情况下，在山东省日照市经济技术开发区一封闭院落内，用购进的两套净水设备生产桶装饮用水（纯净水）并对外销售。2015年3月6日，日照经济技术开发区市场监督管理局在执法检查时发现，张某某未取得食品生产许可证而生产、销售桶装饮用水，且所生产的桶装饮用水经检测菌落总数超标，遂对张某某作出行政处罚。此后，张某某仍继续非法生产、销售桶装饮用水。因其中一套净水设备不带杀菌消毒功能，张某某遂在生产过程中使用工业甲醛对净水设备进行清洗杀菌。2017年3月4日，日照经济技术开发区市场监督管理局根据群众举报，与市公安局日照经济技术开发区分局对张某某经营的水厂进行联合执法检查，在生产车间内提取1个甲醛溶液瓶。经鉴定，该甲醛溶液瓶内液体检出甲醛成分，含量为264350mg/L；该水厂水井内的原水未检出甲醛成分；抽检的两种桶装饮用水中甲醛含量分别为0.05mg/L和0.08mg/L。 |
| Judgment | | 裁判结果 |
| The Primary People's Court of Rizhao Economic and Technological Development Zone, Shandong Province held upon trial that defendant Zhang A produced and sold bottled drinking water without obtaining a food production permit in accordance with provisions in order to seek illegal interests, and used disinfectant which fell short of food safety standards to clean the water filtration system in the process of production, causing the bottled drinking water to be adulterated with toxic and harmful non-food raw materials; that his conduct constituted the crime of producing or selling toxic and harmful food; and that in view of the fact that this case neither had serious consequences harmful to human health nor fell under other serious circumstances, Zhang A should be sentenced to imprisonment of not more than five years in addition to a fine. Accordingly, defendant Zhang A was sentenced to imprisonment of two years in addition to a fine of 50,000 yuan for the crime of producing or selling toxic and harmful food. | | 山东省日照经济技术开发区人民法院审理认为，被告人张某某为谋取非法利益，未按规定取得食品生产许可即擅自生产、销售桶装饮用水，且在生产过程中用不符合食品安全标准的消毒剂清洗净水设备造成桶装饮用水掺入有毒、有害的非食品原料，其行为已构成生产、销售有毒、有害食品罪。鉴于本案未对人体健康造成严重危害后果，也不具有其他严重情节，应对张某某处五年以下有期徒刑，并处罚金。据此，以生产、销售有毒、有害食品罪判处被告人张某某有期徒刑二年，并处罚金人民币五万元。 |
| Significance | | 典型意义 |
| As living standards improve, bottled drinking water is affordable to homes and becomes a daily necessity for people, and the quality of bottled drinking water is directly related to the health and safety of the public. At present, as the bottled drinking water market is highly fragmented, various brands of self-produced and self-sold bottled drinking water flood the market, and the low industry threshold and illegal costs cause bottled drinking water to range from poor to good quality. This case is a microcosm of illegal production of bottled drinking water. A formaldehyde solution, commonly known as formalin, is a substance on the List of Non-edible Substances that May Be Illegally Added to Food released by the health administrative department of the State Council, is explicitly prohibited from being used for food production, and is a toxic and harmful non-food raw material. Defendant illegally produced bottled drinking water without obtaining a food production and distribution permit, and used industrial formaldehyde as a disinfectant to clean the water filtration system, causing formaldehyde to be adulterated with bottled drinking water. In order to punish such harmful acts of using detergents and disinfectants falling short of food safety standards which cause food contamination, Article 12 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Jeopardizing Food Safety ("Interpretation") provides: "Where, in the process of production, sales, transportation, or storage of food, among others, the use of food packaging materials, containers, detergents, disinfectants, or tools or equipment used for food production and trading, which falls short of food safety standards, causes food contamination under Articles 143 and 144 of the Criminal Law, the offender shall be convicted of and punished for the crime of producing or selling food in non-conformity with food safety standards or the crime of producing or selling toxic or harmful food." Given that the bottled drinking water in this case was adulterated with toxic and harmful non-food raw materials, the offender was convicted of and punished for the crime of producing or selling toxic and harmful food. | | 随着人们生活水平的提高，桶装饮用水走进千家万户，成为人们日常生活的必需品，因此桶装饮用水的质量直接关系到老百姓的健康安全。目前，因桶装饮用水市场高度分散，各种自产自销的小品牌充斥市场，且行业门槛和违法成本低，导致桶装饮用水质量良莠不齐。本案就是违法生产桶装饮用水乱象的一个缩影。工业甲醛俗称福尔马林，属于国务院卫生行政部门公布的《食品中可能违法添加的非食用物质名单》上的物质，被明令禁止用于食品生产，属于有毒、有害的非食品原料。被告人在未取得食品生产经营许可证的情况下违法生产桶装饮用水，并使用工业甲醛作为消毒剂清洗净水设备，造成桶装饮用水中掺入甲醛成分。为惩治此类使用不符合食品安全标准的洗涤剂、消毒剂造成食品被污染的危害行为，《解释》第十二条明确规定，在食品生产、销售、运输、贮存等过程中，使用不符合食品安全标准的食品包装材料、容器、洗涤剂、消毒剂，或者用于食品生产经营的工具、设备等，造成食品被污染，符合刑法第一百四十三条、第一百四十四条规定的，以生产、销售不符合安全标准的食品罪或者生产、销售有毒、有害食品罪定罪处罚。鉴于本案桶装饮用水中掺入有毒、有害非食品原料，故以生产、销售有毒、有害食品罪定罪处罚。 |
| Case 2: | | 案例二： |
| People v. Zhang A (case of producing and selling food falling short of safety standards) | | 张某生产、销售不符合安全标准的食品案 |
| —Producing and selling quail eggs falling short of food safety standards without paperwork, causing more than 100 persons to suffer from food-borne diseases | | --无证生产、销售不符合食品安全标准的鹌鹑蛋致百余人食源性疾病 |
| Brief Facts | | 简要案情 |
| In June 2019, defendant Zhang A (with partial name withheld) leased a garage in a residential complex in Shanba Town, Hangjinhou Banner, Inner Mongolia Autonomous Region, to process quail eggs, and made sales through a mobile stall, without obtaining a food distribution permit, a small food production and processing workshop registration certificate, and other relevant paperwork. As Zhang A failed to comply with food safety standards in all steps in the production, storage, and sales of quail eggs, leaving 123 persons who ate the quail eggs suffering from food-borne diseases of varying degrees, among whom Zhou A (with partial name withheld) was assessed as suffering a Class II minor injury. According to testing, coliform bacteria and salmonella in smoked quail eggs, quail eggs without shell, and quail eggs with shell produced and sold by Zhang A were found to fall short of national food safety standards. According to the epidemiological investigation, the conclusion of testing of collected feces by Hangjinhou Banner Hospital, and the event investigation and inspection conclusion of the Administration for Market Regulation of Hangjinhou Banner, this event was determined as a clustering food-borne disease outbreak caused by consumption of quail eggs. | | 2019年6月，被告人张某在未取得食品经营许可证、食品生产加工小作坊登记证等相关证件的情况下，租赁内蒙古自治区杭锦后旗陕坝镇某小区车库加工鹌鹑蛋，并通过流动摊点对外销售。因张某在生产、贮存、销售鹌鹑蛋的各个环节均不符合食品安全标准，导致食用该鹌鹑蛋的123人出现不同程度的食源性疾病，其中被害人周某某被鉴定为轻伤二级。经检测，张某生产、销售的熏鹌鹑蛋、无壳鹌鹑蛋、带壳鹌鹑蛋中大肠菌群、沙门氏菌检验结果均不符合食品安全国家标准。经流行性病学调查、杭锦后旗医院采集粪便检验结论、杭锦后旗市场监督管理局事件调查和检验结论，认定此次事件为食用鹌鹑蛋引起的聚集性食源性疾病事件。 |
| Judgment | | 裁判结果 |
| The Primary People's Court of Hangjinhou Banner, Inner Mongolia Autonomous Region held upon trial that defendant Zhang A produced and sold food falling short of food safety standards, in violation of laws and regulations on the administration of food safety, leaving 123 persons suffering from food-borne diseases of varying degrees; his act constituted the crime of producing or selling food falling short of safety standards; Zhang A caused a Class II minor injury to one person by his act and should be determined to "cause serious harm to human health" and sentenced to imprisonment of not less than three years but not more than seven years in addition to a fine; and after being summoned to appear before the public security authorities, Zhang A made a confession of the facts of the crime truthfully, which constituted a voluntary surrender, actively compensated victims for their economic losses, and obtained their forgiveness. Accordingly, Zhang A was sentenced to fixed-term imprisonment of four years in addition to a fine of 5,000 yuan for the crime of producing or selling food falling short of safety standards. | | 内蒙古自治区杭锦后旗人民法院审理认为，被告人张某违反食品安全管理法律法规，生产、销售不符合食品安全标准的食品，致使123人引发不同程度的食源性疾病，其行为构成生产、销售不符合安全标准的食品罪。张某的行为造成1人轻伤二级，应认定为“对人体健康造成严重危害”，处三年以上七年以下有期徒刑，并处罚金。张某经公安机关传唤到案后如实供述犯罪事实，构成自首，并积极赔偿被害人经济损失取得谅解。据此，以生产、销售不符合安全标准的食品罪判决被告人张某有期徒刑四年，并处罚金人民币五千元。 |
| Significance | | 典型意义 |
| The "three small industries" of food, namely small workshops, small vendors, and small catering businesses, play an important role in China's food supply system, and provide the public with rich and convenient food services because of its supply of various foods and flexible business models. On the other hand, law enforcement is difficult, and the "three small industries" of food become areas of China in which food safety problems are rampant, for the low threshold of the industries, great mobility, scattered stalls, unawareness of law by persons engaged in the industries, and other reasons. In particular, there is a prominent situation that mobile vendors make sales everywhere in the streets and alleys without paperwork, under worrying food safety conditions. Defendant in this case was a mobile vendor without paperwork, who failed to comply with food safety standards in all steps in the production, storage, and sales of food, leading to the serious consequences that more than 100 persons suffered from food-borne diseases, including one suffering from a Class II minor injury, and should be punished according to the law. | | 食品“三小行业”，即小作坊、小摊贩和小餐饮，在我国食品供应体系中发挥着重要的作用，以其多样的品种供给和灵活的经营模式，为人们提供了丰富便利的饮食服务。但与此同时，由于行业门槛低、流动性强、摊点分散、部分从业人员法律意识淡漠等原因，给执法监管造成较大难度，导致食品“三小行业”成为我国食品安全问题的重灾区。特别是大街小巷随处可见推车售卖的流动摊贩，无证经营情况突出，食品安全状况令人堪忧。本案被告人即属于无证经营的流动摊贩，其生产、贮存、销售食品的各个环节都不符合食品安全标准，造成一百余人食源性疾病，其中1人轻伤二级的严重后果，应依法予以惩处。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | |
| | | |