Case Introduction
On August 5, 2023, the Bijie Market Supervision Bureau received a telephone real -name report saying: “At about 6 pm on August 4, 2023, buy an expired steamed bun at a shopping square of a cuckoo in Baili.If you negotiate with the seller, you will not be fruitful, please verify and deal with the functional department, and provide a consumer certificate and an outsourcing picture for the food purchased.On August 5, 2023, law enforcement officers conducted on -site inspections on the operating venues of the reported persons. The inspection found that the parties ’s operating places were displayed on the shelf in the operation site of the parties to be sold for the shelf life.
Law enforcement officers investigated and questioned the reporters and the reporters, and found that the merchant’s sales of milk incense buns that were sold to others after collecting relevant object certificates were found to be 3 yuan.The value of fruit milk QQ lactic acid bacteria beverage is 24 yuan.
process result
The administrative counterpart of this case, as the main body of food business, is engaged in food business activities, and has not cleaned up foods that exceed the shelf life in time. The fact that the milk incense buns that exceed the validity period of the validity period are clear and the evidence is conclusive.His behavior violated Article 34 of the Food Safety Law of the People’s Republic of China, Article 34, Paragraph 10 and 54, and “Regulations on the Implementation of the Implementation of the Food Safety Law of the People’s Republic of China”In accordance with the provisions of Article 124, paragraph 1, paragraph 5 and Article 126, paragraph 1 of the Food Safety Law of the People’s Republic of China, or order the parties to correct the above illegal acts, warnAdministrative penalties of 10,000 yuan (¥ 20000.00 yuan).It has been executed.
Law link
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“Food Safety Law of the People’s Republic of China”
Article 34
Prohibit the production and operation of the following foods, food additives, and food -related products:
(1) Foods produced with non -food raw materials or chemicals other than food additives and other foods that may endanger human health materials, or foods produced by recycled foods as raw materials;
(2) Pathotic microorganisms, pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants, as well as other substances that endanger human health than food safety standards, food additives, food -related products;
(3) Foods and food additives produced by food raw materials and food additives exceeding the shelf life;
(4) Foods that use food additives with over -range and over -limits;
(5) The nutritional ingredients do not meet the food safety standards for infants and young children and other specific people.
(6) Corruption deterioration, fatty acidity, mildew dime, dirty and unclean, mixed with foreign matter, adulteration or mixed or sensory abnormal food additives;
(7) Poultry, animals, beasts, aquatic animals and products with sickness, poisoning, or unknown causes;
(8) Failure to conduct quarantine or unqualified meat in accordance with regulations, or meat products that have not been inspected or inspected or unqualified;
(9) Foods and food additives contaminated by packaged materials, containers, transportation tools, etc.
(10) Mark food and food additives that are marked with false production dates, quality periods or exceeding the shelf life;
(11) Pre -packaged food and food additives without labels;
(12) Foods that are prohibited and operated by the state for preventing diseases and other special needs;
(13) Other foods, food additives, and food -related products that do not comply with laws, regulations or food safety standards.
Article 54
Food operators should store food in accordance with the requirements of ensuring food safety, check inventory food regularly, and clean up foods that have metamorphic or exceed the shelf life in time.
Article 126, the first paragraph
In violation of the provisions of this Law, if there is one of the following circumstances, the food safety supervision and management department of the people’s governments at or above the county level shall be ordered to make corrections and give warnings; if there is one of the following conditions, there are one of the following circumstances.The management department ordered to make corrections and gives warnings; if the refusal to correct, a fine of more than 50,000 yuan and less than 50,000 yuan; if the circumstances are serious, the production is ordered to suspend the license until it is revoked:
(1) Food and food additive producers did not test the purchased food raw materials and food and food additives produced by the purchased food;
(2) Food production and operation enterprises have not established a food safety management system in accordance with regulations, or failed to be equipped or training or assess food safety management personnel in accordance with regulations;
(3) Food and food additive production operators did not check the license and relevant certification documents when they purchased the goods, or failed to establish and comply with the purchase inspection records, factory inspection records and sales records in accordance with regulations;
(4) Food production and operation enterprises do not formulate a food safety accident disposal plan;
(5) The containers of tableware, drinks, and placing directly imported foods are unqualified before use, disinfection, or cleaning and disinfection, or catering service facilities and equipment have not been regularly maintained, cleaned, and checked in accordance with regulations;
(6) Food production operators arrange for those who have not obtained a health certificate or have stipulated by the health administrative department of the State Council.
(7) Food operators did not sell foods in accordance with regulations;
(8) Health food manufacturers have not recorded the filing of the food safety supervision and management department in accordance with regulations, or the production of product formulas and production processes that have not been recorded in accordance with regulations;
(9) Infant formula food manufacturers have not filed food raw materials, food additives, product formulas, labels, etc. from the food safety supervision and management department;
(10) Special food manufacturers have not established a production quality management system in accordance with regulations and effectively operate, or submit a self -inspection report without regularly;
(11) Food production and operators have not regularly checked food safety status, or the production and operation conditions have changed, and they are not treated as regulations;
(12) Concentrated dining units such as schools, childcare institutions, pension institutions, and construction sites have not fulfilled the responsibility of food safety management in accordance with regulations;
(13) Food manufacturers and catering service providers have not formulated and implemented the control requirements of the production and operation process in accordance with regulations.
Pulu
In this case, the parties selling milk buns with a valid period of validity periods to consumers. The next day consumers vomit vomiting. Although it is not sure if it is caused by milk fragrance buns that exceed the validity period, the parties actively send consumers to seek medical treatment and pay the medical treatment process to send the medical treatment process.All the expenses incurred in the middle, after discharging, 1,000 yuan refund the payer at one time, and the two parties reached an understanding.Comprehensive consideration of the facts, nature, plot, social harm, subjective fault, and fairness and fair requirements of illegal acts, decided to reduce the punishment of the parties, that is, to achieve flexible law enforcement, and achieved the purpose of punishment education.
