The vendor is unqualified and the product is not compliant and transported illegally
The risk of selling fireworks and firecrackers in "Moments" is high
Investigate motives
"Can fireworks be sold in 'Moments'?" Recently, Ms. Lin, a Beijing citizen, reported that all kinds of fireworks and firecrackers were flooding the screen in "Moments" and social groups.
Most of the fireworks sellers in the "Moments" use this to divert traffic to e-commerce platforms to place orders, while some also "take orders by themselves" directly on social platforms.
After careful observation, Ms. Lin discovered that these sellers may be operating without a license.
"When I asked them about the address of their physical store, they basically gave me the right answer, emphasizing that it was a wholesale price and the price was favorable. If you paid, some can be sent by express delivery, while others need to be picked up by yourself. The pick-up location is outside a certain community. When you arrive, call us. .”
"One year passes with the sound of firecrackers." As the New Year approaches, lighting fireworks and firecrackers has become the "taste of the new year" in many people's minds.
However, unlicensed online operations, illegal sales of fireworks, and storage of fireworks in residential buildings often occur, adding risks to social security.
To this end, reporters launched an investigation into possible problems in the sales, transportation, and storage of fireworks.
□ Reporter Han Dandong
□ Zhai Qiyu, an intern of this newspaper
"Shoot now, send now, pack immediately."
Recently, some people have reported that some people are selling fireworks and firecrackers through live broadcasts on online platforms. The video shows that they are selling and packaging in a warehouse with an area of several hundred square meters, which may pose major safety risks.
After verification, the police in Huaihua City, Hunan Province found that the live broadcast venue was located in a certain market. When law enforcement officers arrived at the scene, three live broadcasters were conducting live sales. A small number of fireworks were placed on the scene without any licenses. It was a typical illegal online sale. firecrackers.
At present, three live broadcasters and the stores involved have been put on file for investigation, and the suspected illegal transportation vehicles have been detained. All confiscated fireworks and firecrackers have been transferred to safe places.
The New Year is approaching, and many people are preparing to welcome the New Year by setting off fireworks and firecrackers.
However, behind the gorgeous fireworks, there are hidden safety risks that cannot be ignored.
A recent investigation by a reporter from the "Rule of Law Daily" found that a month ago, some sellers of fireworks and firecrackers began to use various methods such as "moments", live broadcast rooms or short videos to sell fireworks and firecrackers, and some even directly used private cars to "deliver to their door" Or let consumers drive their own cars to "pick up" the fireworks. Most of the places where fireworks and firecrackers are stored are residential buildings or houses.
Experts interviewed believe that the above-mentioned behavior is suspected of illegal sales of fireworks and firecrackers. The random storage and transportation of fireworks and firecrackers in private vehicles are not only illegal, but also pose huge safety risks.
Bumps, collisions, and extrusions during transportation can easily cause fireworks and firecrackers to detonate and explode, causing accidents.
In practice, relevant departments should severely crack down on illegal sales, transportation, and storage of fireworks and firecrackers.
In the live broadcast room in "Moments"
Fireworks and firecrackers become hot-selling items
"Mini Gatling is here! 2 sticks for 69 yuan, 188 type, the kind that girls can hold on to. You can invite friends to play together during the Chinese New Year. It has a great atmosphere!"
Ms. Dong, a citizen of Xi'an, Shaanxi, saw such a message in the "Moments" of an account called "New Year's Special".
Following the purchase link below, Ms. Dong discovered that it was an online e-commerce platform store called "Holiday Gift Special Sale". After receiving a 50 yuan coupon, the link automatically jumped to a store called "Personalized Customized Lucky Decoration Small Products". On the product page of "Gifts, Holiday Supplies and Gifts", the price is 119 yuan, which exactly corresponds to the 69 yuan price of the "Moments" copywriting after using the coupon.
The sales volume of this product reached 6000+.
"There is nothing on the page except a pattern decorated with the word "福", and there is no information on the product details page. If you hadn't seen the 'Moments' copywriting and clicked in, you would have no idea what product it is selling." Ms. Dong said that the account There are many fireworks advertisements in "Moments", and they are basically diverted to the e-commerce platform to place orders through "Moments".
It is worth noting that according to Ms. Dong, the merchant’s shipping address showed Huangshi, Hubei, but after she selected the address in Xi’an, Shaanxi, it showed “available for purchase”.
After asking the merchant, the other party replied that "if you can take a photo, you can send it to me."
"Can fireworks and firecrackers be sent by express delivery?" Ms. Dong couldn't help but ask.
Advertisements for fireworks and firecrackers are not isolated in "Moments".
A few days ago, Xiao Liu, a college student in Tianjin, received a "friend application" with the online name "A. Yaoyao". After adding a friend, Xiao Liu saw that there were a large number of advertisements for the sale of fireworks and firecrackers in his "circle of friends". In addition, there were also There is information about reselling concert tickets and selling various food gift boxes.
The reporter then added "A. Yaoyao" and learned that he did not specialize in selling fireworks and firecrackers and did not have a business license.
When asked by reporters, she said bluntly: "Selling this is just to catch up with the popularity, just like selling mooncakes during the Mid-Autumn Festival and selling rice dumplings during the Dragon Boat Festival. I won't sell it after the New Year. I will only sell it to my friends on this account." What licenses are needed?”
The live broadcast room has also become a "shopping mall" for fireworks vendors.
At 10 pm on January 8, a reporter discovered a "distinctive" live broadcast room on a short video platform - the anchor with the account name "Wanying Firecrackers" displayed various fireworks in the live broadcast room. .
Several slogans printed on A4 paper were posted on the background wall of the live broadcast room: "For those who want to join, those who want to purchase, please follow the anchor via private message."
In the live broadcast room, the atmosphere was as "hot" as fireworks.
There are more than 2,000 people online, and most of the time the camera in the live broadcast room is focused on displaying fireworks.
The anchor introduced the price of fireworks, purchase methods, store addresses, etc. behind the camera.
Reporters found dozens of types of fireworks and firecrackers in the live broadcast room, such as "Cannon White Peony 2.2 yuan a piece", "Zhentian Thunder 2 yuan a piece", "Exquisite double ring 1.5 yuan a piece" and "Internet celebrity Gatling only costs 29 yuan." .
Regarding the price issue, the anchor also said: "You can buy more if you are closer, and the price can be lower."
The reporter checked its homepage and found that this account has been live broadcasting for more than an hour every day since November 23, 2023, and the live broadcast time in the past three days has been as long as 8 hours.
The total number of viewers in the live broadcast room is as high as 890,000.
In addition to live broadcasts, this account also often posts short videos, most of which show the appearance of fireworks after they are lit with dynamic music.
As of January 8, this account has released a total of 46 short videos, broadcast 50 live broadcasts, and has a full fan base of 200 people.
Videos, live broadcasts, and group chats all revolve around a common theme - selling fireworks.
The account has nearly 100,000 followers.
During the same time period, when the reporter was browsing, he also found that two other live broadcast rooms on the same platform were selling fireworks, and their "speech skills" were not much different from those of "Wanying Firecrackers".
On another short video platform, after the reporter searched for "fireworks", a warm reminder popped up: Please purchase compliant fireworks and firecrackers from regular sales points and pay attention to discharge regulations and safety.
But when the reporter clicked on the "Live Broadcast" page, he found that multiple live broadcast rooms were selling fireworks, and some anchors even directly said "sold anywhere" to attract viewers.
Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, told reporters that the "Internet Dangerous Goods Information Release Management Regulations" clarified that dangerous goods practitioners must obtain an Internet information service value-added telecommunications business license or handle non-commercial Internet information service registration in accordance with the law. After the procedures are completed, dangerous goods information can be published on the unit’s website.
Individuals are prohibited from publishing dangerous goods information on the Internet.
"Sellers lack registration and relevant licenses and are prohibited from selling fireworks online."
Dai Xianfeng, senior partner of Beijing Yingke Law Firm, said that in accordance with the Regulations on the Safety Management of Fireworks and Firecrackers, the state implements a license system for the production, operation and transportation of fireworks and firecrackers.
Without permission, no unit or individual may produce, operate or transport fireworks and firecrackers.
In addition, Article 10 of the "Internet Dangerous Goods Information Release Management Regulations" stipulates that dangerous goods practitioners are prohibited from publishing dangerous goods information and establishing relevant links in Internet application services other than their own websites.
Usually, the fireworks and firecrackers sold in "Moments" are sold by individuals, and the seller does not have the qualifications to operate fireworks and firecrackers. Even if the seller has obtained a fireworks and firecrackers business license, the sales posted on Internet application services other than the company's website The information is also illegal.
Therefore, illegally publishing fireworks and firecracker sales information and selling fireworks and firecrackers in "moments" and live broadcast rooms are illegal.
Dai Xianfeng added: "Illegal selling of fireworks and firecrackers without a fireworks and firecrackers business license may constitute the crime of illegal business and bear criminal liability. If the illegal business amount exceeds 50,000 yuan, or the illegal income exceeds 10,000 yuan, it will reach Standards for conviction of illegal business crimes.”
Non-compliant products are sold randomly
Private car transportation and door-to-door delivery
It is worth noting that in order to further strengthen the safety management of the distribution and discharge of fireworks and firecrackers, relevant departments in various places have implemented regulations on some types of fireworks in accordance with the national "Fireworks and Firecrackers Logo", "Fireworks and Firecrackers Safety and Quality", "Fireworks and Firecrackers Safety Management Regulations" and other documents. The sale and setting off of firecrackers is expressly prohibited.
For example, the "Qingdao City Regulations on Prohibition of Setting Off Fireworks and Firecrackers" clearly prohibit the sale and setting off of crackers, throwing crackers, smashing crackers and other dangerous fireworks and firecrackers.
If you look through the banned list, you can almost see the name "fireworks bombs".
The "Technical Regulations on Safety for Large-Scale Fireworks Discharges" divides large-scale fireworks displays into five levels, and fireworks bombs are among them.
This means that setting off a fireworks bomb is considered a large-scale fireworks display. It must be approved by the relevant departments before setting off, and it must be operated by qualified professional fireworks personnel.
However, recently, in the "circle of friends" of Xiao Li, a fireworks and firecracker vendor, the reporter saw a lot of advertisements for the sale of fireworks bombs, "big cannons" and other fireworks, and some even had some "three-dimensional" without packaging or introduction. None” product.
From the videos and pictures displayed, the reporter saw that the largest single cannon was larger than a 240 ml canned beverage bottle, while the single "earth cannon" looked about the same as a glue stick.
"You can only buy this kind of product from me. Because the dosage exceeds the standard, I am not allowed to sell it, so I secretly keep some. Only if someone really wants to buy it will I sell some. People who are not very familiar with it will not sell it to them. "Xiao Li told reporters.
Zheng Ning mentioned that the "Opinions on Further Strengthening the Safety Supervision and Management of Fireworks and Firecrackers" clearly stated that the production of high-risk products such as fireworks bombs should be strictly controlled.
It is prohibited to produce highly dangerous products with high drug sensitivity, large dosages, and non-fixed discharge trajectories, and eliminate products that seriously pollute the environment.
The entire process of production, sales, transportation, display, import and export of fireworks bombs is strictly controlled.
Class A products such as fireworks bombs are directly sold or exported by the production enterprises to units approved by the public security organs to set off.
"Some vendors privately sell controlled fireworks such as fireworks bombs, and even non-compliant 'Three Nos' fireworks. They should be ordered by the work safety supervision and management department to stop illegal activities, fined between 1,000 yuan and 5,000 yuan, and illegally operated items confiscated. and illegal gains; if the circumstances are serious, the fireworks and firecrackers business license will be revoked. If the vendor itself does not have any license, any type of fireworks and firecrackers cannot be sold," Zheng Ning said.
The reporter’s investigation found that some sellers of fireworks and firecrackers purchased through “Moments” and “Wechat Business” will provide free shipping and deliver them through express logistics; some sellers will even provide door-to-door delivery services in private cars to avoid risks. .
When communicating with reporters, a seller said bluntly: "After selling it for so many years, I have been driving it around with a private car, and there has been no accident."
In this regard, Dai Xianfeng bluntly stated that it is also illegal for fireworks and firecracker operators to transport fireworks and firecrackers in private cars.
He said that the "Regulations on the Safety Management of Fireworks and Firecrackers" stipulates the behavior of road transportation of fireworks and firecrackers.
First of all, those who transport fireworks and firecrackers by road must apply to the public security department of the county-level people's government of the place where they are transported and submit the following materials: the carrier's qualification certificate for the transportation of dangerous goods; the driver's and escort's qualification certificate for the transportation of dangerous goods; Road transportation certificate of the cargo transport vehicle; certificate of qualification of the shipper to engage in the production and operation of fireworks and firecrackers; purchase and sale contract of fireworks and firecrackers and multiple certification materials such as the type, specification and quantity of transported fireworks and firecrackers.
"Fireworks and firecrackers operators use private vehicles to transport fireworks and firecrackers, which poses huge safety risks. Bumps, collisions, and squeezing during transportation can easily cause fireworks and firecrackers to burst and explode, causing accidents. According to the "Fireworks and Firecrackers Safety Management Regulations", Anyone who transports fireworks and firecrackers by road without permission will be ordered by the public security department to stop illegal transportation activities, fined not less than RMB 10,000 but not more than RMB 50,000, and the illegally transported items and illegal gains will be confiscated. In addition, if private vehicles illegally transport fireworks and firecrackers, If it constitutes a violation of public security management, public security management penalties will be imposed in accordance with the law; if it constitutes a crime, criminal responsibility will also be investigated in accordance with the law." Dai Xianfeng said.
Illegal storage poses risks
Must be sold at designated locations and purchased in limited quantities
During the investigation, the reporter also found that most of the merchants who advertised in "Moments" store fireworks in private residences, and buyers usually store them directly in residences or residential buildings after purchase.
This situation may lead to illegal storage of fireworks and firecrackers.
Recently, the Tianjin police learned during their work that there were fireworks in a residence in their jurisdiction.
The police rushed to the scene immediately and seized a batch of fireworks and firecrackers in the house. Then they summoned the homeowner Song to the police station in accordance with the law.
Upon questioning, Song truthfully stated his illegal behavior of illegally storing fireworks and firecrackers in a residence that was not equipped to store fireworks and firecrackers, and recognized the harm of illegally storing fireworks and firecrackers to himself and others.
According to relevant laws and regulations, the police detained Song for 15 days administratively and confiscated Song's illegally stored fireworks and firecrackers in accordance with the law.
Dai Xianfeng said that fireworks and firecrackers are flammable and explosive dangerous items and should be stored in a dry, cool and well-ventilated place, away from direct sunlight or high temperature environments.
The establishment, management and maintenance of fireworks and firecracker storage areas should comply with relevant provisions of laws, regulations and national and industry standards.
Residential buildings or residential areas are densely populated and have complex environments, and do not have the basic conditions for storing fireworks and firecrackers.
If stored improperly, spontaneous combustion or explosion may occur once it encounters a fire source, heat source, power source, or is subjected to impact, friction and other external forces, igniting surrounding combustible materials, causing the fire to spread, endangering the structural safety and personnel of residential buildings or houses. safety, causing casualties and property damage.
"The legal consequences of privately storing fireworks and firecrackers depend on the quantity, type, location, purpose and other factors of storage." Dai Xianfeng said that when a large number of fireworks and firecrackers are illegally stored in a residential building or residence, you may face administrative penalties. If a major accident occurs during storage, causing serious consequences, you must also bear criminal liability.
Judging from the investigation, there are currently many safety hazards in the entire chain of operations such as the storage, sale, and transportation of fireworks and firecrackers.
So, how to regulate related illegal activities?
Dai Xianfeng said that regulations on the storage, sale and transportation of fireworks and firecrackers are concentrated in the "Fireworks and Firecrackers Safety Management Regulations", which mainly include the license system, sales restrictions, safe transportation, etc.
He suggested that fireworks and firecrackers should be sold at designated locations and in reasonable quantities.
A reasonable number of sales points can effectively reduce personal driving purchasing behavior, thereby reducing safety risks.
One-time purchases must be limited, and buyers exceeding a certain number must present a valid ID card and register.
Fireworks exceeding a certain number are prohibited from being sold to minors.
Fireworks and firecracker operators should follow up on local fireworks sales policies in a timely manner, and can make promotional pages of prohibited or restricted areas in the area as gifts to buyers.
The government can inform residents of the area or people entering the area through mobile phone text messages about the above matters.
"Relevant departments should crack down on illegal sales, storage, and transportation of fireworks and firecrackers, and investigate and deal with each discovery. At the same time, the general public is encouraged to report the above-mentioned violations in a timely manner to nip them in the bud," Zheng Ning said.
(Rule of Law Daily)